MAITLAND CITY COUNCIL
Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that a Meeting of Maitland City Council will be held in the Council Chambers, Town Hall, High Street, Maitland, commencing at 5.30pm.
ORDINARY MEETING AGENDA
8 MARCH 2011
DAVID EVANS GENERAL MANAGER
Please note:
In accordance with the NSW Privacy and Personal Information Protection Act, you are advised that all discussion held during the Open Council meeting is recorded for the purpose of verifying the minutes. This will include any discussion involving a Councillor, Staff member or a member of the public.
ORDINARY MEETING AGENDA 8 MARCH 2011
TABLE OF CONTENTS
ITEM SUBJECT PAGE NO
1 INVOCATION...... 1
2 APOLOGIES AND LEAVE OF ABSENCE ...... 1
3 DECLARATIONS OF INTEREST...... 1
4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING...... 1
5 BUSINESS ARISING FROM MINUTES...... 1
6 MAYORAL MINUTE ...... 1
NIL ...... 1
7 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS ...... 1
8 PUBLIC ACCESS ...... 1
9 GENERAL MANAGER'S REPORTS ...... 2
NIL ...... 2
10 SERVICE PLANNING AND REGULATION REPORTS ...... 3
10.1 AMENDMENT TO THE MAITLAND CITYWIDE DEVELOPMENT CONTROL PLAN - MODIFICATION RELATING TO BUILDING HEIGHT CONTROLS WITHIN THE INDUSTRIAL DEVELOPMENT CODE (ANAMBAH BUSINESS PARK) CHAPTER ...... 3 10.2 DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS...... 17 10.3 DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON...... 70 10.4 DA 09-2588 PROPOSED S96 MODIFICATION TO APPROVED 121 LOT RESIDENTIAL SUBDIVISION - LOTS 1 & 9 DP32519, 546 PATERSON ROAD, BOLWARRA HEIGHTS...116 10.5 DA 11-16 PROPOSED TWO STOREY DWELLING - LOT 12 DP1123421, 4 CORNER CLOSE, EAST MAITLAND...... 135 10.6 REZONING OF LOCHINVAR URBAN RELEASE AREA ...... 154
11 ASSETS AND INFRASTRUCTURE PLANNING REPORTS ...... 193
11.1 LONG BRIDGE MAINTENANCE AND FUNDING RESPONSIBILITY ...... 193 11.2 ASSET MANAGEMENT POLICY...... 210
Page (i) ORDINARY MEETING AGENDA 8 MARCH 2011
12 FINANCE AND ADMINISTRATION REPORTS...... 218
12.1 REVIEW OF CORPORATE POLICIES...... 218 12.2 CHANGE TO DATE OF SECOND COUNCIL MEETING IN APRIL 2011 ...... 327 12.3 LICENCE TO AUSTRALIAN RAIL TRACK CORPORATION LTD FOR ACCESS OVER STEAM HERITAGE PARK ...... 328 12.4 NEW YEA'R EVE CELEBRATIONS ...... 332 12.5 USE OF COUNCIL CREST - MAITLAND & DISTRICT GENEALOGICAL SOCIETY INC ...... 335
13 CITY WORKS AND SERVICES REPORTS...... 336
13.1 EMERGENCY MANAGEMENT REPORT ...... 336
14 ITEMS FOR INFORMATION ...... 340
14.1 S94 QUARTERLY REPORT ...... 340 14.2 UPCOMING ENVIRONMENTAL EVENTS - EARTH HOUR AND TIDY TOWNS 2011 ...... 347 14.3 SECOND HAND MATTRESS DROP OFF DAY...... 350 14.4 SHOWERHEAD EXCHANGE PROGRAM ...... 352 14.5 INTERNATIONAL WOMEN'S DAY 2011...... 354 14.6 MEDIA AND SOCIAL MEDIA QUARTERLY REVIEW ...... 356 14.7 MAINTENANCE BY THE ROADS AND TRAFFIC AUTHORITY OF THE NEW ENGLAND HIGHWAY THROUGH MAITLAND ...... 358 14.8 COUNCILLOR MOTIONS ...... 362 14.9 2010/2011 CAPITAL WORKS PROGRAM STATUS REPORT ON PROJECT EXPENDITURE...... 365 14.10 COUNCIL'S HOMEPAGE STATISTICS ...... 377
15 NOTICES OF MOTION/RESCISSION...... 378
15.1 MOTION FOR 2011 NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT - RECOGNITION OF LOCAL GOVERNMENT IN THE AUSTRALIAN CONSTITUTION...... 378
16 QUESTIONS WITH NOTICE ...... 385
NIL ...... 385
17 URGENT BUSINESS...... 385
18 COMMITTEE OF THE WHOLE ...... 385
19 CLOSURE ...... 385
Page (ii) ORDINARY MEETING AGENDA 8 MARCH 2011
PRESENT
1 INVOCATION
2 APOLOGIES AND LEAVE OF ABSENCE
3 DECLARATIONS OF INTEREST
4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING
● The Minutes of the Ordinary Meeting held 22 February 2011 be confirmed. 5 BUSINESS ARISING FROM MINUTES
6 MAYORAL MINUTE
Nil 7 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS
8 PUBLIC ACCESS
Page (1) ORDINARY MEETING AGENDA 8 MARCH 2011
9 GENERAL MANAGER'S REPORTS
Nil
Page (2) ORDINARY MEETING AGENDA 8 MARCH 2011
10 SERVICE PLANNING AND REGULATION REPORTS
10.1 AMENDMENT TO THE MAITLAND CITYWIDE DEVELOPMENT CONTROL PLAN - MODIFICATION RELATING TO BUILDING HEIGHT CONTROLS WITHIN THE INDUSTRIAL DEVELOPMENT CODE (ANAMBAH BUSINESS PARK) CHAPTER
File No: 103/51 Attachments: 1. Submission from ADW Johnson 2. Amended DCP Clause 3. Amended DCP Map Responsible Officer: Bernie Mortomore - Group Manager Service Planning & Regulation David Simm - Manager Development & Environment Stephen Punch - Principal Planner Author: Belinda Barrie - Town Planner
EXECUTIVE SUMMARY
A submission has been made to Council requesting the modification of the Industrial Development Code chapter of the Maitland Citywide Development Control Plan (DCP).
This chapter of the DCP has specific controls relating to development within Anambah Business Park. Clause 3A.3(a)(i) specifically limits buildings to a maximum height of 12m.
The developer has submitted a request for this development control to be varied in order to allow for higher developments to be considered on merit. It should be noted that no other industrial land within the Maitland Local Government Area is subject to height limitations.
The main issue in regards to building heights relates to obstacle height limitations from the adjoining aerodrome. The developer has submitted a map which indicates that the obstacle height limitations only affect a small part of the overall subdivision and that a higher form of development could be considered in other parts of the estate.
A copy of the amended clause has been attached for reference. The amendment will be publicly exhibited for 28 days, subject to the endorsement of Council.
OFFICER’S RECOMMENDATION
THAT
1. Pursuant to Clause 18 of the Environmental Planning and Assessment Regulation 2000, the proposed amendment to the height limitations controls for Anambah Business Park be exhibited as an amendment to the Industrial Development Code being a chapter of the Maitland Citywide Development Control Plan.
Page (3) ORDINARY MEETING AGENDA 8 MARCH 2011
AMENDMENT TO THE MAITLAND CITYWIDE DEVELOPMENT CONTROL PLAN - MODIFICATION RELATING TO BUILDING HEIGHT CONTROLS WITHIN THE INDUSTRIAL DEVELOPMENT CODE (ANAMBAH BUSINESS PARK) CHAPTER (Cont.)
2. At the completion of the exhibition period the matter be reported back to Council with any submissions made during this time.
INTRODUCTION This report is designed to outline the proposed amendment to the Maitland Citywide Development Control Plan, and (subject to Council endorsement), highlight a path forward for exhibition.
PROPOSAL The current clause of the DCP chapter is as follows:
3A.3 BUILDING AND STREETSCAPE DESIGN GUIDELINES
Aim:
To provide for industrial buildings and development which is both functional to meet the users needs, as well as having a good quality external appearance when viewed from public places.
Development controls:
(a) Building controls
i) Building heights – buildings should have a maximum height of 12 metres, where height is defined to be the vertical distance between ground level (existing) at any point to the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.
It is proposed to amend this clause to the following:
Note: This alternative clause incorporates elements of the revised clause as proposed by the application as well as amendments made by Council.
3A.3 BUILDING AND STREETSCAPE DESIGN GUIDELINES
Aim:
To provide for industrial buildings and development which is both functional to meet the users needs, as well as having a good quality external appearance when viewed from public places.
Development controls:
(a) Building controls
i) Building heights
Page (4) ORDINARY MEETING AGENDA 8 MARCH 2011
AMENDMENT TO THE MAITLAND CITYWIDE DEVELOPMENT CONTROL PLAN - MODIFICATION RELATING TO BUILDING HEIGHT CONTROLS WITHIN THE INDUSTRIAL DEVELOPMENT CODE (ANAMBAH BUSINESS PARK) CHAPTER (Cont.) a. For land located within the obstacle height limitation zone within the eastern take-off/ approach path to Runway 08/23 (as indicated on Map 4- Obstacle Height Limitation Zone) – The maximum height for a building is to be determined by the OLS, with the provision of a 4m ‘freeboard’ to the OLS for the site, up to a maximum height of 16m.
b. For land mapped outside the obstacle height limitation zone – There is no specific numerical height limitation; however a building height of between 12- 15m is generally expected, and potentially higher on larger development lots. In assessing any application, Council will consider compliance with the design provisions of the DCP chapter and a merits based assessment of the overall proposal inclusive of lot area, height, form, site coverage, setbacks and landscaping, having particular regard to appearance as viewed from the New England Highway and Anambah Road.
Height is defined to be the vertical distance between ground level (existing) at any point to the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.
An additional map will be included as Map 4 of the DCP chapter.
DISCUSSION
When the Anambah Business Park DCP chapter was being developed, the controls related to building height were included to regulate building bulk and scale and were not determined having regard to obstacle limitation surface requirements associated with the adjoining aerodrome. There are no other planning restrictions or policy regarding building heights relating to any other industrial land within the Maitland LGA.
In terms of the current clause, Council has considered a number of minor variations to the existing height limitation; however the variation has not exceeded a metre. The submission lodged by ADW Johnson (see attachment) on behalf of the developer of Anambah Business Park holds the view that the 12 metre height restriction is unnecessarily restrictive particularly having regard to larger developments planned for the industrial park. Further, the applicant argues that the height restriction places Anambah Business Park at a competitive disadvantage in the context of other major industrial precincts which do not have this level of control.
The main issue in Anambah Business Park regarding building height relates to the Obstacle Height Limitation Surface (OLS) from the adjoining aerodrome. This OLS only affects a small portion of the site in its north east quadrant and forms the take- off/ approach path to runway 05/23.
The approach advocated by the applicant that building heights should be assessed on merit for the entire Anambah Business Park is not supported. A merits based assessment of building design factoring in bulk, scale, height, architectural treatments and finishes, setbacks and landscaping is supported for all lots not
Page (5) ORDINARY MEETING AGENDA 8 MARCH 2011
AMENDMENT TO THE MAITLAND CITYWIDE DEVELOPMENT CONTROL PLAN - MODIFICATION RELATING TO BUILDING HEIGHT CONTROLS WITHIN THE INDUSTRIAL DEVELOPMENT CODE (ANAMBAH BUSINESS PARK) CHAPTER (Cont.) influenced by the eastern OLS for runway 05/23. For lots affected by this OLS a conservative planning approach is recommended – that is building height should be no higher than 4 metres below the OLS to a maximum height of 16 metres. This control is reflected in the alternative clause proposed by the Council.
A more holistic approach to assessment of building design which incorporates building height as one of the elements for consideration is a more appropriate planning approach. The applicant’s submission that the ultimate building height of plantings within the landscape buffer to the New England Highway, as well as street trees and on-site landscaping, is an important factor in assessing building height and broader design is supported.
As part of the exhibition process, the proposed DCP amendment will be referred to both the Royal Newcastle Aero Club (RNAC) and Civil Aviation Safety Authority (CASA) for comment.
CONCLUSION
The proposed amendment to the clause relating to building heights within Anambah Business Park is considered to be warranted, and height will still be a matter of consideration when assessing any Development Application within the precinct.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS The statutory implications for the preparation of a DCP under the Environmental Planning and Assessment Act 1979 (as amended) have been addressed and the proposed exhibition period is in accordance with the Environmental Planning and Assessment Regulation 2000.
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AMENDMENT TO THE MAITLAND CITYWIDE DEVELOPMENT CONTROL PLAN - MODIFICATION RELATING TO BUILDING HEIGHT CONTROLS WITHIN THE INDUSTRIAL DEVELOPMENT CODE (ANAMBAH BUSINESS PARK) CHAPTER (Cont.)
Service Planning and Regulation Reports
AMENDMENT TO THE MAITLAND CITYWIDE DEVELOPMENT CONTROL PLAN - MODIFICATION RELATING TO BUILDING HEIGHT CONTROLS WITHIN THE INDUSTRIAL DEVELOPMENT CODE (ANAMBAH BUSINESS PARK) CHAPTER
Submission from ADW Johnson
Meeting Date: 8 March 2011
Attachment No: 1
Number of Pages: 5
Page (7) ORDINARY MEETING AGENDA 8 MARCH 2011
AMENDMENT TO THE MAITLAND CITYWIDE DEVELOPMENT CONTROL PLAN - MODIFICATION RELATING TO BUILDING HEIGHT CONTROLS WITHIN THE INDUSTRIAL DEVELOPMENT CODE (ANAMBAH BUSINESS PARK) CHAPTER (Cont.)
Page (8) ORDINARY MEETING AGENDA 8 MARCH 2011
AMENDMENT TO THE MAITLAND CITYWIDE DEVELOPMENT CONTROL PLAN - MODIFICATION RELATING TO BUILDING HEIGHT CONTROLS WITHIN THE INDUSTRIAL DEVELOPMENT CODE (ANAMBAH BUSINESS PARK) CHAPTER (Cont.)
Page (9) ORDINARY MEETING AGENDA 8 MARCH 2011
AMENDMENT TO THE MAITLAND CITYWIDE DEVELOPMENT CONTROL PLAN - MODIFICATION RELATING TO BUILDING HEIGHT CONTROLS WITHIN THE INDUSTRIAL DEVELOPMENT CODE (ANAMBAH BUSINESS PARK) CHAPTER (Cont.)
Page (10) ORDINARY MEETING AGENDA 8 MARCH 2011
AMENDMENT TO THE MAITLAND CITYWIDE DEVELOPMENT CONTROL PLAN - MODIFICATION RELATING TO BUILDING HEIGHT CONTROLS WITHIN THE INDUSTRIAL DEVELOPMENT CODE (ANAMBAH BUSINESS PARK) CHAPTER (Cont.)
Page (11) ORDINARY MEETING AGENDA 8 MARCH 2011
AMENDMENT TO THE MAITLAND CITYWIDE DEVELOPMENT CONTROL PLAN - MODIFICATION RELATING TO BUILDING HEIGHT CONTROLS WITHIN THE INDUSTRIAL DEVELOPMENT CODE (ANAMBAH BUSINESS PARK) CHAPTER (Cont.)
Page (12) ORDINARY MEETING AGENDA 8 MARCH 2011
AMENDMENT TO THE MAITLAND CITYWIDE DEVELOPMENT CONTROL PLAN - MODIFICATION RELATING TO BUILDING HEIGHT CONTROLS WITHIN THE INDUSTRIAL DEVELOPMENT CODE (ANAMBAH BUSINESS PARK) CHAPTER (Cont.)
Service Planning and Regulation Reports
AMENDMENT TO THE MAITLAND CITYWIDE DEVELOPMENT CONTROL PLAN - MODIFICATION RELATING TO BUILDING HEIGHT CONTROLS WITHIN THE INDUSTRIAL DEVELOPMENT CODE (ANAMBAH BUSINESS PARK) CHAPTER
Amended DCP Clause
Meeting Date: 8 March 2011
Attachment No: 2
Number of Pages: 1
Page (13) ORDINARY MEETING AGENDA 8 MARCH 2011
AMENDMENT TO THE MAITLAND CITYWIDE DEVELOPMENT CONTROL PLAN - MODIFICATION RELATING TO BUILDING HEIGHT CONTROLS WITHIN THE INDUSTRIAL DEVELOPMENT CODE (ANAMBAH BUSINESS PARK) CHAPTER (Cont.)
Page (14) ORDINARY MEETING AGENDA 8 MARCH 2011
AMENDMENT TO THE MAITLAND CITYWIDE DEVELOPMENT CONTROL PLAN - MODIFICATION RELATING TO BUILDING HEIGHT CONTROLS WITHIN THE INDUSTRIAL DEVELOPMENT CODE (ANAMBAH BUSINESS PARK) CHAPTER (Cont.)
Service Planning and Regulation Reports
AMENDMENT TO THE MAITLAND CITYWIDE DEVELOPMENT CONTROL PLAN - MODIFICATION RELATING TO BUILDING HEIGHT CONTROLS WITHIN THE INDUSTRIAL DEVELOPMENT CODE (ANAMBAH BUSINESS PARK) CHAPTER
Amended DCP Map
Meeting Date: 8 March 2011
Attachment No: 3
Number of Pages: 1
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AMENDMENT TO THE MAITLAND CITYWIDE DEVELOPMENT CONTROL PLAN - MODIFICATION RELATING TO BUILDING HEIGHT CONTROLS WITHIN THE INDUSTRIAL DEVELOPMENT CODE (ANAMBAH BUSINESS PARK) CHAPTER (Cont.)
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10.2 DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS
File No: DA 10-1953 Attachments: 1. Locality Map 2. Development Plans 3. Submissions Responsible Officer: Bernie Mortomore - Group Manager Service Planning & Regulation David Simm - Manager Development & Environment Stephen Punch - Principal Planner Author: Ian Cunningham - Town Planner
Applicant: Chris Lonergan Owner: Accommodation Network Proposal: Proposed Construction of Dual Occupancy for use as a Group Home Location: Lot 3 DP1091788, 11 Hopman Close, Oakhampton Heights Zone: 2(a) Residential
EXECUTIVE SUMMARY
The proposal seeks to construct a dual-occupancy dwelling on a vacant residential lot (4.671ha) for the use as a Group Home. The proposed building design consists of 2 self contained dwellings under a common roof.
The proposed (primary) three bedroom building of the development will accommodate three autistic adults, with the proposed (secondary) building accommodating support staff on a 24 hour/7 day basis.
The proposal is initiated through ‘Accommodation Network’ which is a not-for-profit company who provide a range of disability services.
Accommodation Network is funded by the Department of Aging, Disability and Home Care, (DADHC) with the Minister for Disabilities holding 100% equity in the property. Ongoing service support to the Group Home is provided by the DADHC through an allocated service support and development officer.
The purpose of the Group Home is to provide one on one support for disabled persons in a ‘home’ environment in an established residential location.
The proposal is permissible in 2(a) Residential zoning in accordance with the Maitland Local Environment Plan 1993, and is also recognised in the draft Maitland Local Environment Plan 2011 as permissible development in the re-defined ‘R1 General Residential’ zone.
The development application is submitted to the Council as submissions from adjoining property owners, objecting to the proposal, have been received in
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DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.) response to the advertising/notification process.
The primary concerns raised in the submissions relate to the perceived incompatibility of the proposed development with the existing precinct in terms of security, traffic, building design, certainty of the ongoing use, potential ‘high risk’ occupants, environmental impacts and various issues in relation to amenity.
The submissions have been considered in accordance with Section 79C of the Environmental Planning & Assessment Act and the issues raised are not considered sufficient to warrant refusal of the proposal. These issues are further discussed in the body of this report.
The proposal is subsequently recommended for approval subject to conditions of consent.
OFFICER’S RECOMMENDATION
THAT Development Application No. 10-1953 for a Dual Occupancy for use as a Group Home on Lot 3, DP1091788, 11 Hopman Close, Oakhampton Heights, be approved subject to conditions of consent as set out in this report.
INTRODUCTION/BACKGROUND
The proposal seeks to construct a dual occupancy (two self contained dwellings under a common roof) on a vacant residential lot consisting of 4.671ha in Oakhampton Heights. The dwelling/s will be utilised as a Group Home operated by a private organisation ‘Accommodation Network’ providing accommodation for three autistic adults and on-site support staff.
Accommodation Network is a not-for-profit organisation that provides a range of Disability Services and the facility will be operated under a contract to the NSW Department of Aging Disability and Home care.
Accommodation Network provides support to people who have a disability, in the following key areas.
● Accommodation Support
● Substitute Care (younger children in care)
● Day Programs
● Attendant care
● Aged Care Program
● Life Moves (transition to independent living)
● Respite Services
● Outreach Services
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DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.) ● Supported Accommodation to People with Acquired Brain Injury.
Group Homes are permissible in the 2(a) residential zone and similar development has previously been approved in Bolwarra Heights (DA93-113) and Thornton (DA06- 555).
The above described Group Homes are similar in so far as being infill development in a large lot residential setting.
SITE DESCRIPTION
The subject site of 4.671ha is vacant and located at the end of a cul-de-sac (Hopman Close) in Oakhampton Heights. Surrounding lots are generally smaller in area ranging from approximately 1.2ha to 2.6ha. The precinct of Oakhampton Heights consists of low density development with lot sizes generally ranging from around 1.2ha to 4.5ha. The majority of the lots have been developed with larger homes, with the subject site being almost the last lot to be developed.
The majority of the subject lot is densely vegetated. A building envelope is situated to the northern portion of the lot which is relatively clear of vegetation. The proposed building will marginally exceed the parameters of the envelope, however the degree of encroachment outside the envelope is considered minor given the proportions of the lot and the resultant set backs from adjoining property boundaries. The envelope is located such that the proposed building will be sited 7.750m from the nearest adjoining property boundary and 28.330m from the street boundary.
Minimal disturbance of the existing vegetation is expected given the location of the building envelope.
PROPOSAL
The proposed single storey dual-occupancy is designed to integrate with surrounding built development in terms of its proportion and contemporary architecture, with the completed building to then function as a Group Home. The ‘primary’ building, which will face Hopman Close, provides three bedrooms, garage, kitchen, laundry, staff room/office, and will accommodate 3 residents who will be the subject of ongoing care. The rear ‘secondary’ building provides living quarters for the resident staff, and consists of two bedrooms, kitchen and lounge.
The dwellings are under a common roof with the ‘secondary’ building to the rear, being largely concealed from the street view. The overall street presentation is that of a large single storey dwelling which is consistent with surrounding built development.
The external fabric of the proposed building is brick-veneer with a colorbond hipped roof. The grounds surrounding the building will be landscaped with lawns/hedging and privacy screening.
The ‘primary’ building caters for under cover car parking for two vehicles and sufficient hardstand off-street car space will exist for additional vehicles in the expected form of visiting support staff. The specific requirement for car parking pursuant to the Maitland Citywide DCP chapter ‘Car Parking’ states one space per
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DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.) employee. The building design indicates two bedrooms in the staff quarters, thus it is assumed that full time (24/7) staff will equate to two persons. Given the building is set back in varying distance of between 28.330m and 32.364m from the street boundary, ample space is provided for additional off-street car parking should the occasional need arise.
The Group Home will cater for 24/7 care of 3 dependant autistic adults, with additional support from the NSW Department of Aging, Disability and Home Care. The intent of the proposed Group Home in this location is integration of a ‘home’ care facility into a residential setting. As indicated, such development has previously been approved in the Maitland LGA in similar physical locations, and have been established between 4 to 17 years respectively. It is understood that the previously approved Group Homes have been successful in integration with surrounding residential occupancy.
PLANNING ASSESSMENT
Section 79C(1)(a)(i) provisions of any environmental planning instrument
Maitland Local Environmental Plan (LEP)1993
The proposal is for a Group Home. A Group Home is defined under the Standard Instrument (Principal Local Environment Plan) as:
‘’Group Home’ means a dwelling that is a permanent group home or a transitional group home’.
The proposal is for a permanent Group Home.
‘’Group Home’ (permanent) or ‘permanent group home’ means a dwelling;
a) that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
b) that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged, but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies’.
The subject site is located with 2(a) Residential zone. The objectives of this zone are:
a) To provide housing and associated facilities in locations of high amenity and accessibility.
b) To enable development for purposes other than residential only if it is compatible with the character of the living area and has a domestic scale and character.
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DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.) c) To ensure that development does not create unreasonable demands, in the present or future, for the provision or extension of public amenities or services.
The proposal is permissible in the zone, and meets the objectives of the zone in terms of providing a high quality housing/accommodation option for disadvantaged community members, with the proposed built form being consistent and compatible with the surrounding development, and not imposing additional demand on existing or future public amenities or services.
Lower Hunter Regional Strategy (LHRS)
The LHRS is primarily concerned with the broader strategic planning directions for the Lower Hunter region and does not have specific relevance to this proposal.
State Environmental Planning Policies
The proposal is captured by State Environmental Planning Policy (SEPP) (Affordable Rental Housing) 2009.
Division 7 of this SEPP defines Group Homes, and pursuant to Clause 43, ‘Development in prescribed zones’, states that:
(1) Development for the purpose of a permanent group home or a transitional group home on land in a prescribed zone may be carried out:
(a) without consent if the development does not result in more than 10 bedrooms being within one or more group homes on a site and the development is carried out by or on behalf of a public authority, or
(b) with consent in any other case.
As the proposal is being carried out by a private body, development consent is required.
The Residential 2(a) zone is a ‘prescribed zone’ for the purpose of the SEPP.
Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition
The draft Maitland Local Environment Plan 2011 has been on exhibition however is not yet adopted at the time of this assessment.
Subject land is zoned R5 ‘Large Lot Residential’ under draft LEP 2011. A Group Home is prohibited in this zone.
Clause 1.8A of the draft LEP 2011 provides that where a development application has been made prior to commencement of the draft LEP, it must be determined on the basis of the current LEP 1993.
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DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.) Section 79C(1)(a)(iii) any development control plan
The ‘Oakhampton Heights’ chapter of the Maitland Citywide DCP is applicable to this proposal.
The objectives of this chapter are:
a) To encourage development which is sympathetic to the environmental qualities and land capability of Oakhampton Heights.
b) To ensure that development of individual land holdings is co-ordinated in the interests of sustainable environmental management and efficient provision of infrastructure.
c) To ensure that development is compatible with the level of public services and facilities that are available.
d) To encourage development which enhances the heritage significance and recreational value of Walka Water Works.
e) To maintain the visual integrity of views from and into the Walka Water Works precinct by controlling the external appearance of dwellings within the Walka Water Works visual catchment.
f) To enhance the visual appearance of the site by maximising the retention of existing vegetation and the incorporation of appropriately selected landscaping.
g) To protect the aquatic environment of the locality by the incorporation of water management and erosion controls, including during construction.
h) To establish appropriate traffic access to and within the site.
i) To ensure that new development is properly integrated with existing and adjoining development.
j) To ensure that any new dwellings respect the visual privacy and views enjoyed from existing dwellings.
k) To encourage building designs which are aesthetically pleasing and energy efficient.
The proposal satisfies the relevant objectives in the following manner:
a) The proposed built development is consistent in form and presentation with the existing built development in Oakhampton Heights. The proposed development does not impose any significant environmental impact upon the subject site or surrounding land. The proposal is intended to include a blue coloured iron roof, however this will require amendment in terms of a suitable colour that is less intrusive on the natural vegetated backdrop. The consent will require a roof colour of ‘earth tones’ to achieve this integration.
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DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.) b) The subject site is constrained by a specific development envelope to ensure that building work does not unduly impact on the existing tree cover. The proposed development is predominantly located within this envelope with the exception of some very minor encroachments. An on-site sewage management facility will be provided to serve the development and will be subject to separate consent.
c) Public services are limited to the precinct. No bus service is available to Oakhampton Heights at this time. The requirement for public transport/services is not critical to the proposal with transport being provided by the on-site carers.
d) Whilst the subject lot physically adjoins the Walka Water Works lot and the heritage catchment therein, the two sites have physical separation in the form of the dense remnant vegetation. This vegetation is protected given its remnant status (Lower Hunter Spotted Gum/Iron Bark Forest) thus no relevant connectivity between the sites will exist.
e) There are no direct sight lines to the proposed development from the Walka Water Works due to the intervening tree cover.
f) The site as described above is dominated by protected remnant vegetation. The clear portion of the site to be developed will include landscaping around the building/s and will satisfy the requirement for ’appropriately selected landscaping’. Proposed species for the landscaping are predominately natives.
g) Standard building conditions will apply in terms of protection of the environment and erosion controls as well as storm water management.
h) The proposed access is satisfactory and the existing road network has sufficient capacity to accommodate the proposed development.
i) The proposed building is intentionally designed to be consistent with existing surrounding built development, and achieves this purpose.
j) The subject site, as previously described, is dominated by mature vegetation. The building envelope is located on the northern edge of this vegetation and also set back approximately 28m from the street. Given the characteristics of the site, view loss will not arise as an issue from any adjoining or nearby property.
k) The building design is contemporary and appropriate for the location, The completed building will have to satisfy Basix commitments in terms of energy efficiency.
The DCP chapter goes on to outline constraints that affect various sites within the precinct which include flooding, rocky outcrops, the North Coast Rail Line, wetlands, bushland and the Walka Water Works.
Page (23) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.) The subject site is free from flood influence, is not affected by the rocky outcrops that exist in the general area, is not within the proximity of the wetlands, and is separated from the Walka Water Works by the existing dense vegetation.
In respect of the existing vegetation, the proposal has been referred to the Rural Fire Service (RFS) for its General Terms of Approval (GTA’s) which have been provided, and will be applied as conditions of consent. The RFS terms of approval requires construction of the building to satisfy the Bush Fire Attack Level (BAL 12.5), an Asset Protection Zone (APZ), and emergency and evacuation arrangements to be implemented.
In respect of the North Coast Rail Line, the DCP identifies a requirement for any dwelling to be located at least 50 metres from the rail line. The building envelope within the subject site is approximately 200 metres from the rail line at its nearest point. Notwithstanding, the consent will include advice in respect of potential noise impact from the rail line.
The DCP chapter lists varying requirements concerning the subdivision of the precinct. The subject site represents one of, if not the last, site to be developed. It is noted that the majority of issues pertinent to subdivision have been addressed.
The final portion of the DCP chapter deals with Residential Development and Specific Controls, with the following items requiring consideration:
1) Siting and design
2) Housing alternatives
3) Impact from the North Coast Rail Line
4) Impact upon the rail corridor
5) Height & appearance of buildings
6) On-site sewage disposal
7) Household waste
8) Dams
9) Sediment & erosion control.
The proposal addresses the above issue as follows:
1) The proposed building is generally in accordance with the building envelope location. Minor encroachment of the envelope is noted, however given the proportions of the site, the encroachment is not considered significant. The building envelope is set back 10m from the side property boundaries which is consistent with the requirements of this chapter, however with the minor encroachments, the proposed building/s will have less than 10m setbacks in varying locations - 7.75m setback isolated to the north-eastern corner of the
Page (24) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.) building; 8.798m setback along the eastern side of the building. This departure from the DCP standard is not considered to be of consequence given the minor extent of the departures and the fact that the irregular shape of the building will allow for the retention of some trees within the building envelope.
2) The proposed use of the dwelling/s as a Group Home is consistent with alternative housing use whilst also addressing community needs.
3) The development is located well in excess of the required 50m set back from the rail corridor.
4) No impact will occur on the rail corridor as a result of this proposed development.
5) The proposed building is single storey and compatible with existing surrounding built development.
6) On-site sewage management will require separate consent and will address the relevant guidelines applicable to the site.
7) Household waste will be serviced by the normal Council waste collection procedures.
8) No dams are proposed as part of the development.
9) Conditions of consent will ensure appropriate management of storm water and sediment/erosion controls.
The ‘Residential Design’ chapter of the Maitland Citywide DCP is applicable to this proposal.
The following sections of this chapter are relevant to the proposal:
B3. Bulk earthworks and retaining walls.
The site has slight fall across the area of the building envelope, as such earthworks will be minimal. No retaining walls are proposed and any walls to be built as a consequence of landscaping works will be unlikely to be over 900mm in height, above which height consent is required.
B4. Street building setbacks.
The proposed building will be set back 28.330m from the street property boundary to the forward most projection of the building (entry portico). The bulk of the building is 32.364m from the street boundary. The setback distance is governed by the building envelope and is satisfactory.
B5 Side and rear setbacks.
The side boundary setback to the north-west property boundary varies from a minimum 7.480m to 12.622 m. Set back to the opposite side property boundary is
Page (25) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.) 9.398m. Rear setback is not defined and is irrelevant given the approximate distance would be approximately 180m. All setbacks are satisfactory.
B7 Building height, bulk & scale.
The proposed building is single storey, slab on ground construction with 3.6m ceiling height and 22.5deg roof pitch. Finished floor height to ridge height is 6.78m. The high ceiling height (3.6m) contributes to a higher than average ridge height for a single storey dwelling. This is not inconsistent with other constructed dwellings in the precinct and considered suitable in terms of the overall design and the benefits of increased spaciousness within the building.
B8 External appearance.
The external fabric of the building is brick-veneer construction with a hipped colourbond roof. External walls are a mixture of face brickwork and render. Windows are colonial style and doors panelled. The roof colour is Colourbond ‘Deep Ocean’ and ‘sandstone’ coloured render. Brick selection is to be determined.
The overall design is complemented by the high ceilings which raises the overall height of the building. Verandahs and a formal portico entrance add to the architectural interest as viewed from the street.
Formal landscaping configuration providing defined ‘courtyards’ will complement the overall appearance.
B9 Open space.
The proposed development is fundamentally a Group Home, however will also function as a dual occupancy. Private open space is defined in various locations around the perimeter of the building, and separation between allocated ‘spaces’ is achieved through hedges consisting of primarily native shrubs ranging in heights from 1m to isolated 8m high trees. Allocated open space is far in excess of minimum requirements pursuant this part.
B11 Accessibility and adaptable housing.
The intended use of the dual occupancy is for a Group Home catering for residents with a disability, as such, the design of the building is specific to the relevant needs of the occupants. The building is slab-on ground construction, thus entry does not require other than modest ramps, manoeuvrability through the building is generally good, and sanitary facilities will be required to comply with AS1428 in terms of disabled fixtures and fittings where applicable.
It is noted that full time carers will be in attendance thus reducing the levels of self reliance on the occupants who are physically disabled.
B12 Landscape design.
The landscape design for the site provides for individual private open space (POS) that is directly accessible from each of the occupant’s bedrooms. This open space is created through hedges of native shrubs, (lilly pilly, banksia, tea tree, myrtle) of
Page (26) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.) around 1m to 3m in height interspersed with larger bottlebrush up to around 8m in height, under-planted with lasiandra and mat-rash. Lawns are proposed in the POS allocations, and wattles, lilly pilly, she oaks and gums ranging from 5m to 8m are proposed for the east and west property boundaries.
The landscape design compliments the existing vegetation in terms of utilising native species.
B13 Fencing and walls.
The subject site currently has rural post and wire fencing to the property boundaries. This will not alter and it is considered that this form of fencing is appropriate given the rural nature of the precinct and the use proposed.
B14 Driveway access and parking.
Car parking requirements are discussed further in this assessment, however, the basic requirement in this case is for two off street car spaces to be provided, which is satisfied.
The proposed drive way sweeps in a modest arc from the cul-de-sac to the garage/entry. The driveway design is intended to accommodate additional car parking as well as direct emergency access/egress and disabled access. The overall car parking and access concept is considered satisfactory.
B15 Views and visual and acoustic privacy.
The proposed location for the building is predominantly within the designated building envelope which itself is set well back from the street boundary and side boundaries. The orientation of existing dwellings that adjoin the subject site are such that no view loss will be experienced due to the vegetation that exists to the south,west and north-west of the subject site. Views are predominantly to the north and north-east from existing dwellings, of which the proposed development will not affect.
In terms of acoustic controls, this chapter states a requirement of at least 3m separation between openings of existing and proposed buildings. The proposed building will be a minimum of 7.480m to the north property boundary and 9.398m to the east boundary. Existing dwellings are approximately 35m (adjoining east boundary) and approximately 27m (adjoining north-west boundary) hence separation distances are ample.
B16 Water and energy conservation.
The proposal is accompanied by ‘Basix’ certification. The completed building will have to comply with the provisions of ‘Basix’ energy efficiency thus will satisfy the objectives of this part.
B17 Storm water management.
The proposed development does not represent an intensification of storm water flows beyond that which would be expected from a large dwelling. Normal storm
Page (27) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.) water controls will be applicable to the proposal with tank overflows piped to the rear of the property, in accordance with Council standards, to disperse over the vegetated portion of the site. Fall of the lot is such that this method of storm water disposal is effective and will not impact upon adjoining land.
The ‘Design Guidelines for Accessible Living’ chapter of the Maitland Citywide DCP is applicable to this proposal.
The objectives of this chapter are primarily directed at the broader community in terms of providing disabled accessibility to development and increasing the general community awareness of this need.
The subject proposal is specifically intended to cater for such persons and has been designed accordingly. Notwithstanding, the consent will include conditions that reflect compliance with the relevant Australian Standard (AS1428) and meeting this requirement will subsequently satisfy the relevant requirements of this chapter.
The ‘Car Parking’ chapter of the Maitland Citywide DCP is applicable to this proposal.
The requirement of this chapter in terms of off-street parking is for one space per employee. The proposed design indicates two bedrooms in the staff quarters, thus two spaces are required, and provided.
It is understood that additional ADHC support staff will frequent the site on demand thus an additional space will be desirable. The proposal allows for an additional two car spaces, which is considered adequate for the proposal. It is further noted that ample space exists to the street frontage thus allowing sufficient off-street car parking capability in the event of periodic additional demand.
Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph.
Not relevant.
Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality
Natural Environment Impact.
The proposed built development will be largely located within the defined building envelope which has been designed to reduce environmental impact upon the remnant vegetation which dominates the subject lot. Building within the location of the envelope will result in minimal impact upon the existing vegetation except where thinning out for the purpose of maintaining an APZ may be required. The degree of hazard reduction required will be consistent with the management of the APZ as an ‘Outer Protection Zone’ pursuant to Table A2.7 of ‘Planning for Bushfires, 2006’ and the Terms of Approval by the RFS.
Page (28) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.) Built Environment Impact.
The design of the proposed dual occupancy is specifically intended to integrate the built development with existing built form in the precinct. The overall development will have the appearance of a large dwelling and is considered appropriate for the site in terms of its compatibility with existing development.
Social Environmental Impact.
The proposed development has been advertised/notified in accordance with Council policy. As a result of this process, objections to the proposal have been received from adjoining property owners. Issues raised in the objections relate in part to the potential impact upon the amenity of the precinct in terms of the unknown nature of residents of the Group Home, additional traffic and security. These and other issues raised are discussed fully in Section 79C(1)(d) of this assessment.
Group Home proposals do not occur frequently within the Maitland LGA and it is possible that there is a perception that this type of development will have potential conflict with the neighbouring development in a residential setting. Previous Group Home approvals in the Maitland LGA are DA 93-113,(approved April 1993) located in Hilldale Drive, Bolwarra Heights and DA06-555, (approved September 2006) located in Woodlands Drive, Thornton. Both sites are similar to the current proposal in terms of being located in a large lot residential area. Council have not received complaints regarding the operation of these existing facilities suggesting that they are able to integrate effectively into the community.
Notwithstanding, in addressing the concerns raised by adjoining property owners it is intended that the consent be conditioned to require a detailed plan of management, addressing issues such as security and supervision, prior to the issue of the Construction Certificate.
Economic Environmental Impact.
The proposed development will generate initial employment opportunity during construction stage, and will also generate employment for full time carers, thus some economic benefit will flow on, however the proposal to establish a Group Home is a response to a community need. The proposal should have no significant adverse economic impacts in its locality.
Section 79C(1)(c) the suitability of the site for the development
The proposal is for a dual occupancy and a Group Home. Whilst both uses are permissible in the zone, the ability of the proposed development to integrate with the surrounding precinct requires analysis. In this respect, the following is observed:
• The proposed built development is intentionally designed as a single storey dwelling that effectively conceals the dual occupancy component from the street. The design is considered compatible with the surrounding built form.
• The site is intentionally chosen for the use as a Group Home given the qualities of the site in terms of a semi rural atmosphere.
Page (29) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.) • The proposal does not present environmental issues or impacts above and beyond those that may be present had the proposal been for a large dwelling proposal. Of particular note is the fact that the building is contained largely within the pre-determined building envelope thereby minimising the impact on the existing tree cover.
• The dwelling site is affected by bush fire constraints and as such requires relevant mitigation measures and contingency planning, however these requirements would also largely apply to a standard dwelling proposal.
• The site is in the proximity of the North Coast Rail Line, however of sufficient distance away to not detrimentally affect the amenity of the premises. Notwithstanding, relevant advice will be added to the consent in respect of the proximity of the rail line.
The proposed development is considered suitable for the site, however it has attracted objection from adjoining property owners. The issues raised therein are discussed below.
Section 79C(1)(d) any submissions made in accordance with this act or the regulations
The proposal was advertised/notified from 9th September 2010 to the 23rd September 2010. As a result of this process, six (6) submissions were received objecting to the proposal. At the time of the advertising/notification process, it was considered that the information provided with the proposal was insufficient in various aspects. Additional information was subsequently sought from the proponent as well as a commitment from the Department of Aging, Disability and Home Care (ADHC) that it supported and would be involved in the operation of the proposal.
Once the additional information was at hand, each objector was provided with this information and an extended period offered from the 18th January 2011 to the 4th February 2011 to make further comment as relevant. The objectors were advised that if no further written submission was received in light of the additional information, that it would be assumed that they did not wish to maintain their objection.
As a result of the extended notification period, three (3) submissions were received from the original objectors. Notwithstanding, the issues raised in all submissions are addressed:
Issue 1
The current zoning of the land is residential and the proposal is for a commercial use.
Comment 1
The subject site is zoned 2(a) residential. Pursuant to the provisions of the 1993 Maitland LEP a dual occupancy is permissible in the zone, as is a Group Home. This permissibility does not alter with draft Maitland LEP 2011. Further, State
Page (30) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.) Environmental Planning Policy (SEPP) ‘Affordable Rental Housing, 2009’ deems a Group Home is permissible in a residential zone.
The proposed Group Home is not a commercial enterprise and would be operated by a not-for-profit company in association with the NSW Department of Aging, Disability and Home Care.
Issue 2
Oakhampton Heights does not have a bus service.
Comment 2
It is not indicated within the Statement of Environmental Effects provided with the proposal that there is any forseen reliance on public transport. Staff will have private transport and will be able to provide this type of assistance to residents.
Issue 3
The proposed development detracts from the visual integrity required for buildings in the area, it is far from aesthetically pleasing and looks more like a prison facility.
Comment 3
The proposed dual occupancy dwelling is purpose designed to accommodate disabled/disadvantaged members of the community with defined space allocation to each bedroom through private open space and direct access from the rooms to the verandah/s open space. Through this design methodology, the proposed building assumes to some degree the appearance of an early Australian colonial dwelling which is accentuated with high ceilings resulting in a higher roof line than usual, and complemented by sandstone coloured rendering and blue colourbond custom orb roofing. Formality is provided with a large portico entrance and various privacy screening provides a ‘rambling’ appearance of the overall building.
Landscaping treatment to the street elevation and also side elevations will significantly reduce the visual impacts once mature.
It is considered that when established, the completed development will be compatible with the existing precinct.
Issue 4
The impact of noise pollution from the increase in traffic volume is not within the guidelines.
Comment 4
The proposed Group Home will have three residents of whom it is not expected will have the capacity to operate vehicles. Vehicle movements would include permanent staff (two of), support staff (as required) and visitors.
Page (31) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.) It is subsequently considered that the proposal will not necessarily generate significantly greater traffic movements than would a private dual occupancy development of the same physical proportion, eg, twenty (20) movements per day.
Issue 5
The site is in close proximity to the rail line, wetlands, and bush, as such is not suitable for a carer’s facility/group home due to the natural and man made hazards.
Comment 5
The subject land is a large lot in a semi-rural setting. There are no hazards so significant from Council’s range of considerations that would suggest the site is unsuitable for a Group Home. The safety and security of the residents will be the responsibility of the care service provider.
Issue 6
Does Council allow on-site waste water treatment for a commercial development or should it be discharged into the sewer?
Comment 6
The proposal is not a commercial development. There is no sewer infrastructure available to the site. The proposed development will rely on an on-site sewage management facility and this will be subject to a separate development application which will assess the suitability of the site for whatever type of ‘on-site facility’ is proposed. The on-site system will be required to be an aerated type treatment pursuant to the requirements of the “Oakhampton Heights’ DCP chapter and will also be subject to normal Council requirements.
In general terms, an aerated facility can adequately cope with a ten person load. Given the total number of occupants of the dual occupancy is unlikely to exceed six persons, no additional concerns are raised with the installation of the on-site sewage management facility provided the proposed facility is designed to suit the site specific conditions.
Issue 7
The objector requests a guarantee that their quality of life will not be affected in any way.
Comment 7
The proposed development is to be managed by an accredited care organisation under contract to ADHC. Details of the management of the facility in terms of supervision and security are to be provided in the form of a management plan. Beyond this, Council cannot predict specific behaviours of residents. The aim is to ensure that a proper care framework is in place.
Page (32) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.) Issue 8
The objector requests a guarantee that there will be no net loss to the environment.
Comment 8
The development is considered to be a satisfactory response to the environmental constraints of the site and one which addresses the key development controls under Council policy.
Issue 9
The objector requests a guarantee no further development of the site will occur after construction of the proposed development.
Comment 9
The SoEE accompanying the proposal and supporting information indicate that a Group Home is generally represented by a total of four to six occupants which is consistent with this proposal. The proposal also indicates that there is no intention for expansion. Council cannot however guarantee that a future development application will not be lodged by the landowner at a future time.
Issue 10
The proposed development has set backs less than the minimum 10m from the boundaries.
Comment 10
The subject site has a defined building envelope with 10m setbacks from the side property boundaries. The proposed development encroaches the envelope by 602mm on the east side, by 2.52m on the western side (corner of building only) and approximately 3m on the southern side, (corner of building only).
The encroachment on the western side is by a covered bin storage area with the actual area of encroachment being approximately 6.3sqm in a triangular configuration.
The encroachment on the eastern side is represented by the eaves overhang of the proposed building.
The encroachment of the envelope on the southern side is also a triangular configuration equating to approximately 6sqm.
Whilst absolute compliance with a building envelope is desirable, the intent of the envelope is to locate the building within a predetermined location to preserve vegetation. The minor encroachments have no effect in this case, and are not considered of such significance that require strict compliance. It is further observed that adjoining properties have established built development which provides an acceptable level of certainty as to the outcome of distances between dwellings and compliance with the broader objectives of siting dwellings on the lots.
Page (33) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.) Issue 11
The proposed development does not respect the views of surrounding allotments and existing dwellings.
Comment 11
The proposed development is to be located on a gentle down-west slope with existing tree cover bounding the building site to the west and south. The dual occupancy is single storey and is proposed to be constructed inside the prescribed building envelope registered with the subdivision in the same way as all the other dwellings in the Forest Hill Drive/Hopman Close precinct. Adjoining dwellings are orientated to the street and are configured to maximise views to the front and rear of their respective lots. The subject proposal is not located in a major view corridor and will not significantly impact the vista from nearby dwellings.
Issue 12
In accordance with the DCP the proposed development will not be sympathetic to the environmental qualities of the area.
Comment 12
The proposed built development is consistent in form and presentation with the existing built development in Oakhampton Heights. The proposed development does not impose any significant environmental impact upon the subject site or surrounding land.
Issue 13
Concern is raised about the ‘type of people’ who may have access to the children through the shared boundary line.
Comment 13
The proposed Group Home will be staffed on a 24/7 basis. It is understood the intended occupants will be autistic adults under constant supervision. Notwithstanding, it is intended as a condition of consent that a management plan will be provided to Council prior to any construction commencing. The management plan will be required to include the scenario of occupants behaviour.
Issue 14
The proposed Group Home is a ‘business’ and cannot be operated on this site.
Comment 14
The proposal is permissible in the 2(a) zone in accordance with the 1993 Maitland LEP. The draft 2011 Maitland LEP also identifies a Group Home as permissible development in the R1 General Residential zone.
Page (34) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.) SEPP (Affordable Rental Housing) 2009 also states that a Group Home is permissible in a prescribed zone. 2(a) Residential and R1 General Residential are ‘prescribed zones’.
Issue 15
The Statement of Environmental Effects submitted with the proposal does not address the short and long term operational impacts of the facility.
Comment 15
It is evident from previously approved Group Homes within the Maitland LGA that the operational impacts are likely to be low. Integration of care facilities for those with special needs into the community in ‘normal’ residential settings is a major element of ADHC policy.
It is noted that ‘Accommodation Network’ have a complaints process and a corrective action process. As previously stated, a management plan will be required addressing in particular, security and supervision.
Issue 16
Surrounding property values will be negatively affected. The driving force for this proposal will be the commercial interests of its operators, and requirements for such establishments.
Comment 16
The proposed development is designed to integrate with the surrounding built form. It is considered that the proposed design in conjunction with the proposed landscaping will suit the subject site particularly given its lack of prominence in the cul-de-sac with the backdrop of the existing vegetation and the ‘end of the street ‘ location. Alteration in the proposed roof colour (‘Deep Ocean’) to a more compatible ‘earthy’ tone will be required to assist in the integration of the built form with the site.
There is no evidence available to Council suggesting that a well designed Group Home which is appropriately integrated in its residential setting and which is effectively managed and operated will have an adverse impact on property values.
Observation of other Group Homes in the Maitland LGA notes that the existence of a Group Home is largely undiscernible from a streetscape perspective. It is expected that the subject site would be comparable in this respect.
The operator of the proposed Group Home is a ‘not-for-profit’ organisation.
I
Page (35) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.) ssue 17
There appears to be an unspecified number of people accommodated in the Group Home.
Comment 17
Accommodation Network have advised that the Group Home will accommodate three special needs resident’s and their associated carers.
Issue 18
Excess traffic movements will occur due to staff arriving and leaving on a three shift roster, bus transport for the disabled, visiting relatives, additional supervision and delivery trucks.
Comment 18
The information supplied by the proponent, Accommodation Network and ADHC indicates that 3 autistic adults will be accommodated in the Group Home supported by 24/7 resident staff and with support on demand from a designated officer from ADHC.
It is not expected that generated traffic movements are likely to impact upon the amenity of the precinct to a greater degree than would be expected from occupants of a dual occupancy - around 20 vehicle movements per day might be expected.
It is further observed that the precinct of Oakhampton Heights is low density housing and does not typically generate excessive traffic movements, thus it is considered that the overall impact of the proposed development in terms of traffic will be minimal.
Issue 19
Has a Flora and Fauna study been produced as there are spotted gums and micro bats on this land.
Comment 19
Flora and fauna studies/reports were provided at the subdivision stage resulting in defined building envelopes to reduce impacts on vegetation. As discussed previously in this report the proposed buildings are predominately located within the designated envelope. While some additional vegetation may be lost to thinning to meet the asset protection zone requirements of the Rural Fire Service, the land will remain as a predominately treed allotment. This APZ work would be required in the event that a single dwelling was proposed.
Page (36) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.) Issue 20
What type of lighting will be used and can they guarantee that our property and the local area will not be affected by lighting.
Comment 20
The proposed plans submitted are not inclusive of lighting detail. Regardless, it is expected that lighting will be restricted to the subject property and that lighting spill is highly unlikely to affect adjoining property given the distance that will exist between the proposed building/s and existing dwellings. To provide certainty in this respect, the consent will be conditioned to require lighting spill not to adversely impact the adjoining properties.
Issue 21
We believe that residents of this building are being transferred from another property in Aberglasslyn. Why is this happening, is it due to local protests, noise and security.
Comment 21
Council is unaware of any issues as alleged in this comment.
Issue 22
Why would the developer choose to build in an out-of-the-way area when they can build the same structure close to hospitals, ambulance and other services?
Comment 22
The information provided by Accommodation Network indicates that the intent of their Group Homes is to establish them in residential areas. Specific detail as to why the subject site was selected is unclear other than to provide support to three community members to live in a semi-rural property. It is apparent that the need to be close to services is not a high priority.
Issue 23
Once the development is up and running, could the developer then turn around and sell to another not-for-profit organisation, eg handling delinquent teenagers….?
Comment 23
The consent is conditioned to the effect that the Group Home will accommodate no more than 3 special needs residents without prior Council consent. This is intended to provide a level of certainty to the ongoing use of the development, however as with any development, ownership could change.
Section 79C(1)(e) the public interest
Issue Comment
Page (37) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.)
FINANCIAL IMPLICATIONS
This matter has no direct financial impact upon Council’s adopted budget or forward estimates.
POLICY IMPLICATIONS
This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS
Statutory implications relating to assessment of the subject application have been addressed in the body of the report
CONCLUSION
The proposal is permissible in the zone with the building design in accordance with relevant planning guidelines. The use of the proposed development as a Group Home will provide a high quality living environment for special needs community members and it is considered that subject to consent conditions and ongoing in- house controls, that the proposed development will successfully integrate with the precinct.
Page (38) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.) SCHEDULE OF CONDITIONS
Reason for Condition(s) The following condition(s) have been applied to the development, subject of this consent, to ensure that the development meets the requirements of the NSW Environmental Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment Regulation 2000, and the various policies and development controls of Maitland City Council and other government agencies relevant to the development being undertaken.
Proposed construction of a dual occupancy dwelling and the use of the dwelling as a Group Home, Lot 3, DP1091788, 11 Hopman Close, Oakhampton Heights.
Reason for Conditions The objectives of the following conditions is to draw to the attention of the applicant and owner their responsibilities to comply with various provisions of the Environmental Planning and Assessment Act, 1979, Environmental Planning and Assessment Regulations, 2000, Local Government Act 1993; Regulations; Building Code of Australia and Local Policies relating to building construction and maintenance.
APPROVED PLANS AND DOCUMENTATION
1. The development shall be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule and any amendments arising through conditions to this consent or as shown in red colour on the plans:
Plan Ref. Sheet Rev n Date Prepared by: No No No (consultant) Inset site ground floor footprint plan P1 n/a 23/7/10 Design evolutions Inset site roof footprint plan P2 n/a 23/7/10 Design evolutions Dual occupancy layout plan P3 n/a 23/7/10 Design evolutions (including landscaping). Site elevations plan P4 n/a 23/7/10 Design evolutions Layout plan P6 n/a 23/7/10 Design evolutions Layout plan P7 n/a 23/7/10 Design evolutions Roof plan P8 n/a 23/7/10 Design evolutions Elevations plan P9 n/a 23/7/10 Design evolutions Elevations plan P10 n/a 23/7/10 Design evolutions Sections plan P11 n/a 23/7/10 Design evolutions 2nd dwelling floor plan P13 n/a 23/7/10 Design evolutions 2nd dwelling roof plan P14 n/a 23/7/10 Design evolutions 2nd dwelling elevations & sections plan P15 n/a 23/7/10 Design evolutions
CONTRIBUTIONS & FEES
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 $9,905 shall be paid to the Council.
The contribution is calculated from Council's adopted Section 94 Contributions Plan in the following manner:
Page (39) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.) 2 bedroom Total
2006(A) Citywide Rec & Open Space 1 x $3,831 $3,831 2006(A) Citywide Road & Traffic Facilities 1 x $3,557 $3,557 2006(A) Citywide Cultural Facilities 1 x $687 $687 2006(A) Citywide Community Facilities 1 x $1,526 $1,526 2006(A) Citywide Cycleways/Shared Paths 1 x $158 $158 2006(A) Citywide Management/Admin 1 x $146 $146 _____
$9,905
The above contributions rates are indexed, at least annually, with reviewed rates to apply from 1st February each year in accordance with the provisions ofthe Maitland Section 94 Contributions Plan (Citywide) 2006. Please refer to Council's web page for the current rates applicable.
Payment of the above amount shall apply to Development Applications as follows:
- Subdivision only - prior to issue of the Subdivision Certificate. - Building work only - prior to issue of the Construction Certificate. - Subdivision and building work - prior to the issue of the Construction Certificate, or Subdivision Certificate, whichever occurs first. - Where no construction certificate is required - prior to issue of an Occupation Certificate. - For extractive industries - annually from the date of issue of 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 in accordance with 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.
CERTIFICATES
3. Prior to the commencement of works an application for a Construction Certificate shall be submitted to, and be approved by, the Accredited Certifier.
4. Prior to issue of the Construction Certificate, a certificate of compliance under Section 50 of the Hunter Water Act 1991 for this development, shall be submitted to the Accredited Certifier.
5. Prior to occupation of the building an Occupation Certificate shall be issued by the Principal Certifying Authority.
6. The applicant shall submit to Council, “Notice of Appointment of the Principal Certifying Authority” at least two (2) days prior to the commencement of construction works.
7. (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:
Page (40) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.) (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.
GENERAL PROVISIONS
8. A construction certificate is to be obtained prior to commencing construction works. The construction certificate application is to include detailed plans and specifications for the construction of the building/structure.
9. All aspects of the building design shall comply with the applicable performance requirements of the BCA for a Class 3 building so as to achieve and maintain acceptable standards of structural sufficiency, safety (including fire safety), health and amenity for the ongoing benefit of the community. Compliance with the performance requirements can only be achieved by:
a) complying with the deemed to satisfy provisions, or b) formulating an alternative solution which: i) complies with the performance requirements, or ii) is shown to be at least equivalent to the deemed to satisfy provision, or c) a combination of a) or b).
10. All building work must be carried out in accordance with the provisions of the Building Code of Australia.
BUSH FIRE (RFS General Terms of Approval)
11. (1) At the commencement of building works and in perpetuity the property around the dwellings to a distance of 70 metres (or to the property boundary where insufficient), shall be maintained as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bushfire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’ (Note: in forested areas a
Page (41) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.) portion of the APZ may be maintained as an outer protection zone as specified in Table A2.7 of ‘Planning for Bushfire Protection 2006’.
(2) Water, electricity and gas are to comply with sections 4.1.3 and 4.2.7 of ‘Planning for Bushfire Protection 2006’.
(3) Arrangements for emergency and evacuation are to comply with section 4.2.7 of ‘Planning for Bushfire Protection 2006’.
(4) New construction shall comply with section 5 (BAL 12.5) Australian Standard AS3959-2009 ‘Construction of buildings in bush fire-prone areas’ and section A3.7 Addendum Appendix 3 of ‘Planning for Bushfire Protection 2006’.
(5) Roofing shall be gutterless or gutters and valleys are to be screened to prevent the build up of flammable material. Any materials used shall be non-combustible.
LANDSCAPING
12. All landscaped areas of the development shall be maintained in accordance with the approved landscape plan. The landscaped areas shall be kept free of parked vehicles, stored goods, garbage or waste material and the like.
13. 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. DESIGN
14. The roof of the proposed building shall be a mid to dark earth toned colour. The blue toned colour ‘Deep Ocean’ is not acceptable to the Council.
CARPARKING
15. Car parking for the development shall be provided in accordance with the approved plans, with a minimum allocation for the development of two (2) resident spaces and two (2) visitor spaces.
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.
17. All parking bays shall be delineated. “Visitor parking” spaces shall be signposted.
VEHICLE ACCESS
18. Prior to issue of the Construction Certificate, driveway profiles that comply with Council’s Manual of Engineering Standards.
Page (42) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.) 19. Prior to commencement of construction of the driveway for the driveway crossing on the public footway verge, an application form, “Application To Construct Private Works On Footway” shall be submitted to Council, together with the appropriate fee.
20. 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 Manual of Engineering Standards, with reference to Council’s information document “Footway Crossings (Driveways)”.
STORMWATER DRAINAGE
21. Final discharge of collected stormwater runoff shall be piped, in accordance with Council’s DCP chapter ‘Stormwater’, to the rear (south) portion of the property such that stormwater discharge will disperse freely without affecting adjoining property. The discharge point shall be constructed with an adequate concrete plinth surround to prevent erosion.
EROSION CONTROLS
22. 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”.
SITE REQUIREMENTS
23. 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.
24. 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. 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. A Construction Certificate is required for all retaining walls which exceed 900mm in height. Construction details for retaining walls may be included with the Construction Certificate application for the building.
25. 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 (43) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (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).
26. 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.
27. 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.
28. 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.
29. All waste shall be contained within a secure enclosure or bin.
30. 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.
31. All building materials, plant and equipment shall be contained wholly within the development site.
32. 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.
33. The site shall be cleared of all building refuse and spoil immediately upon completion of the building.
Page (44) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.)
34. Prior to the issue of the Construction Certificate, application for the installation and operation of an on-site sewage management facility shall be submitted to Council for determination. The Construction Certificate shall not be issued until such times as the proposed on-site sewage management facility is approved. Note that the proposed on-site sewage management facility shall be compliant with the provisions of clause 18 (iv) of the ‘Oakhampton Heights‘ chapter of the Maitland Citywide DCP.
USE AS A GROUP HOME
35. Prior to the issue of an Occupation Certificate, a Management Plan shall be submitted to Council for review. Issue of the Occupation Certificate shall not occur until such times as Council adopts the proposed Management Plan. The Management Plan shall include but not be limited to the following topics:
i) Supervision and security of residents in care including impacts on adjoining properties. ii) Waste disposal iii) Fire safety and evacuation iv) Duties and responsibilities of on-site staff, complaint or dispute handling procedures v) Disabled access vi) Site security
36. The number of tenants shall not exceed three persons without the prior consent of Council. The number of resident staff shall not exceed two persons without the prior consent of Council.
AMENITY
37. External lighting of the building and grounds shall be such that no light spill shall cause nuisance to adjoining property.
ADVICES
A 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.
B You are advised that there may be design matters in relation to the drainage concept plan that warrant further attention prior to the issue of the Construction Certificate.
C You are advised that, prior to pouring of internal concrete driveways and kerbs which act as surface depression storage for the stormwater detention (and/or surfaces which divert runoff to those storage areas), formwork levels should be confirmed.
Page (45) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.) D You are advised that further consent for a driveway across the footway verge must be obtained. Inspections of works (eg formwork & reinforcement must be carried out by Council. (See Council’s “Application To Construct Private Works On Footway”). You should contact Council (ph. 49 34 9700), giving at least 24 hours notice for inspections.
E You are advised that the subject property is within the vicinity of the North Coast Rail Line, as such, the property may be affected by rail noise.
F You are advised that it is the Applicants responsibility to ensure compliance with the requirements of the Disability Discrimination Act, 1992 (DDA). Note: Compliance with the Building Code of Australia does not necessarily meet the requirements of the DDA.
Page (46) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.)
Service Planning and Regulation Reports
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS
Locality Map
Meeting Date: 8 March 2011
Attachment No: 1
Number of Pages: 1
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DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS (Cont.)
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Service Planning and Regulation Reports
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS
Development Plans
Meeting Date: 8 March 2011
Attachment No: 2
Number of Pages: 5
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Service Planning and Regulation Reports
DA 10-1953 PROPOSED GROUP HOME - LOT 3 DP1091788, 11 HOPMAN CLOSE, OAKHAMPTON HEIGHTS
Submissions
Meeting Date: 8 March 2011
Attachment No: 3
Number of Pages: 14
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10.3 DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON
File No: DA 10-2435 Attachments: 1. Locality Map 2. Development Plans 3. Submissions Responsible Officer: Bernie Mortomore - Group Manager Service Planning & Regulation David Simm - Manager Development & Environment Stephen Punch - Principal Planner Author: Ian Cunningham - Town Planner
Applicant: ROI Properties Pty Ltd Owner: ROI Properties Pty Ltd Proposal: Proposed Tavern Location: Lot 713 DP263110, 1A Taylor Avenue, Thornton Zone: 3(a) General business
EXECUTIVE SUMMARY
The proposal seeks to establish a Tavern within a vacant unit (shop 3B) located in the existing Shopping Centre at Taylor Avenue, Thornton.
The subject location (Shop 3B) has a floor area of 155sqm within the Shopping Centre. Shop 3B is located to the north-east end of the Shopping Centre, and the shop is currently accessible only from the internal mall of the Shopping Centre.
The subject shop site has a history of development consents since 1999, including 2 separate consents for a Tavern. Neither of these consents have been enacted upon to establish a Tavern to date, with the exception of minor external works and the establishment of a bottle shop which was associated with a former Tavern proposal..
The floor area associated with the former tavern/bottle shop consents has since been reconfigured to accommodate a Medical Centre, thus reducing the floor area of shop 3B to its current format.
The proposed re-fit of shop 3B into a Tavern includes a central dividing wall with a bar area, sanitary facilities and general seating area. The proposal also includes construction of a new access to the shop from the rear car park.
A Tavern is a permissible use in the 3(a) zone with consent.
The proposed development was advertised/notified in accordance with Council policy, and as such attracted three submissions objecting to the proposal.
The primary issues raised in the submissions relate to noise, anti-social behaviour and alcohol fuelled crime.
Page (70) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON (Cont.) The issues raised in the submissions have been assessed, also with separate opinion and recommendation provided by the NSW Police, and it is subsequently considered that the objections raised do not warrant the refusal of the proposal.
OFFICER’S RECOMMENDATION
THAT Development Application 10-2435 for the proposed change of use and associated works of Shop 3(B) within the Thornton Shopping Centre at Lot 713, DP263110, 1A Taylor Street, Thornton, to a Tavern, be approved subject to consent conditions.
BACKGROUND/INTRODUCTION
The subject site is vacant shop space within the Thornton Shopping Centre, and has been the subject of various approvals over the preceding years, including 2 Development Applications which gave consent to a Tavern (DA 99-208) and Bottle Shop & Tavern (DA 05-2677).
DA 99-208 was for a considerably larger Tavern/Bistro in terms of floor space than is currently proposed, however the consent was not enacted upon other than the construction of an acoustic fence to the north-east property boundary.
DA 05-2677 was for both a Tavern and a Bottle Shop. The Tavern has not been established however the Bottle Shop was completed and is currently trading.
Since the construction of the Bottle Shop, further consent (DA06-1866) has been given to reconfigure the floor space that was formerly intended for a Tavern, to provide for two shops, one of which is currently trading as a Medical Centre, and the remaining vacant floor space (approximately 155sqm) becoming the subject of the current proposal for a Tavern.
SITE DESCRIPTION
The subject site is located in the northern section of the overall shopping centre, with a car park between the building and adjoining property. The proposed Tavern will occupy Shop 3B which is currently vacant. The shop has an entry to the internal mall of the shopping centre, and it is proposed to construct an additional external entry/egress point to enable direct access/egress to the car park in lieu of accessing the proposed Tavern through the mall.
PROPOSAL
The proposal involves physical alterations to Shop 3B within the Thornton Shopping Centre that include a bar, amenities, seating area, improved ventilation, cool room with new external access inclusive of a disabled access ramp. The shop space would then function as a licensed Tavern operating from 10am to 10pm daily. These operating hours generally coincide with the existing Bi-Lo supermarket hours.
Page (71) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON (Cont.) PLANNING ASSESSMENT
Section 79C(1)(a)(i) provisions of any environmental planning instrument
Maitland Local Environmental Plan (LEP) 1993
The subject site is located within an existing shopping centre which includes a Bi-Lo supermarket and various specialty shops, baker etc. The site that is occupied by the overall shopping centre and associated car park is zoned 3(a) ‘General Business’.
The objectives of the 3(a) zone are:
a) To provide opportunities for the development of commercial uses which do not reduce the commercial viability of the core retail areas of the City
b) To ensure that the size and function of both retail and commercial facilities are established in accordance with Council’s preferred hierarchy of commercial centres for the City.
c) To permit non-commercial development within the zone where such development is compatible with the commercial character of the locality.
d) To ensure that there is adequate provision for car parking facilities within the zone.
e) To minimise conflicts between pedestrians and vehicular movement systems within the zone.
f) To preserve the historic character of the City by protecting heritage items and by encouraging compatible development within and adjoining historic buildings and precincts.
The proposal meets the relevant objectives in the following manner:
a) The proposal is for a small Tavern located towards the rear of the existing shopping centre and should not directly affect the commercial viability of either the existing Thornton shopping centre or similar development, the nearest of which would be either Greenhills, East Maitland CBD or Beresfield.
b) The proposed development is within the footprint of the existing shopping centre, as such does not physically increase the size of the shopping centre nor intensify the use of the shopping centre to the extent that the functioning of the centre is compromised.
c) Not relevant.
d) Previous development consent for the site (for a Tavern) has been on the basis of a considerably larger floor area than is currently proposed. Assessment of previous proposals found that car parking was sufficient in capacity within the existing on-site car parking. The current proposal requires less spaces, as such this objective is satisfied.
Page (72) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON (Cont.) e) The configuration of the existing car park permits the interaction of pedestrians and traffic to a suitable standard.
f) Not relevant
Lower Hunter Regional Strategy (LHRS)
The objective of the LHRS is primarily concerned with the broader strategic planning issues relevant to the Lower Hunter Region, however the LHRS does recognise the scope for increased employment opportunities through local centres including shopping centres. The current proposal will provide a modest increase in employment opportunity through the operation of the proposed Tavern, which will in turn contribute to the broader objectives of the LHRS.
State Environmental Planning Policies (SEPPs)
No specific SEPP is relevant to this proposal.
Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition
The draft 2011 Maitland LEP has been on exhibition, however not yet adopted. The draft document re-defines the subject land zoning from 3(a) General Business to B2 ’Local Centre’. The proposed development is permissible within the zone with the zone objectives being:
1) To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.
2) To encourage employment opportunities in accessible locations.
3) To maximise public transport patronage and encourage walking and cycling.
4) To recognise the unique role of the Morpeth activity centre as a tourism destination by supporting the integration and inclusion of tourism related uses.
The proposal meets the relevant objects in the following manner:
1) The proposed Tavern will provide a facility to the local community that presently does not exist within a convenient distance of Thornton.
2) The proposed development will provide initial employment and economic benefit through the fit-out of the vacant shop, and then provide ongoing employment opportunity through the operation of the Tavern.
3) The subject site is centrally located in the Thornton area and amongst residential development thus providing the option for walking or cycling in preference to the reliance on public transport. It is not forseen the proposed development will place a burden on existing transport facilities given the relatively small flor area of the proposed tavern and subsequent modest patronage numbers.
4) Not relevant.
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DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON (Cont.) Section 79C(1)(a)(iii) any development control plan
The Commercial and Retail Policy’ of the Maitland Citywide DCP is applicable to this proposal.
The relevant objective of this policy is generally intended to establish a clear retail hierarchy for the City of Maitland and to define the preferred role for each centre.
The subject site is within the defined ‘neighbourhood centre’ of Thornton and is described as having a role of providing daily convenience shopping for the immediate locality. As a small scale tavern serving a local catchment the proposal is consistent with the function of the Thornton Shopping Centre and consistent with the commercial and retail policy.
The ‘Car Parking’ chapter of the Maitland Citywide DCP is applicable to this proposal.
The requirement for car spaces for a ‘Tavern’ pursuant to the provisions of this chapter is 1 car space per 10sqm of licensed floor area. The proposed floor area is 155sqm, thus requiring 15.5 spaces.
Since that approval, the former floor space allocation for the Tavern has been divided to accommodate a Medical Centre, of which floor space equates to 180sqm, requiring at a rate of 1 space per 40sqm of GFA, 4.5 spaces.
Reference to prior consents for the site in respect of car parking requirements notes that an allocation of 70 spaces, inclusive of the available 190 spaces serving the shopping centre, was intended for the formerly approved Tavern (DA99-208).
With the current requirement of 15.5 spaces for the proposed Tavern, and the existing requirement of 14.5 spaces for the Medical Centre, 30 car spaces are required, thus providing a 40 car space surplus in accordance with the former 70 spaces allocation from the originally approved tavern.
The current proposal is significantly less in floor area with the total available car spaces unchanged, thus car space allocation to the proposed Tavern is amply satisfied.
The ‘Design Guidelines for Accessible Living’ chapter of the Maitland Citywide DCP is applicable to this proposal.
The subject shop site is on a common floor level with the remainder of the shopping centre, and has adequate provision for disabled access both to the shopping centre and to the proposed Tavern location.
Notwithstanding, the proposal is inclusive of an additional access/egress point to the north-east (shopping centre) car park from the proposed Tavern. This access/egress will be required to comply with Australian Standard AS1428 in terms of the ramp gradient, ramp width and manoeuvring space.
The proposed Tavern is also inclusive of disabled sanitary facilities.
Page (74) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON (Cont.) Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph)
Not relevant.
Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality
The proposal has been referred to the NSW Police for comment and subsequent ‘Safer by Design‘ review of the proposal.
The review of the proposal identifies the known anti-social behavioural characteristics in the Thornton area but does not specifically associate the proposed Tavern with increased criminal activity. The review does however note the potential for increased crime opportunity within the shopping centre without additional security measures. The review also lists suggested amendments to the proposed design of the Tavern fit-out to address security/anti-social behaviour matters.
The proponent has been provided with the review, and has subsequently made some alterations to the proposed design to address recommendations of the review. A highlighted concern is the scenario where the Tavern may continue to operate to 10pm after specialty shops within the mall have closed earlier. In addressing this scenario, the proponent has included external access/egress to the north-east car park, thus enabling the Tavern to be closed to the mall. It is intended to condition the consent to require mall access to and from the proposed Tavern to be closed in unison with the closing of specialty mall shops, with access/egress restricted to the external access.
Egress from the Tavern to the car park has the potential to create noise that could affect neighbouring property. It should be noted that the amended design has included a noise lock in the rear car park exit, and it is further noted that an acoustic fence has been constructed to the north-east property boundary under a previous consent to assist in mitigating noise impact on adjoining residential landowners.
In addition, the proponent has provided a draft management plan that includes patron behavioural control through employment of security staff in addition to a range of other matters including ‘responsible service of alcohol, hours of operation, access and noise’. A copy of the draft Plan of Management is provided as an attachment.
The proposal has attracted three submissions objecting to the proposed Tavern as a result of the advertising/notification process. The issues raised in those submissions are addressed in section 79C(1)(d) of this assessment.
The proposal otherwise is not considered to present detrimental effect upon the built, natural or economic environment.
Section 79C(1)(c) the suitability of the site for the development
As described, the site has been the subject of two previous consents for a Tavern, with significantly larger floor areas and potentially greater impacts. The current proposal is modest in comparison, and is suited to the location in terms of the
Page (75) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON (Cont.) convenience for the members of the community who chose to patronise this form of development.
Section 79C(1)(d) any submissions made in accordance with this act or the regulations
The proposal was notified/advertised from the 25th October 2010 to the 8th November 2010. As a result of this process, three submissions were received objecting to the proposal.
The three submissions objecting to the proposal have come from two separate residents and also a submission from the nearby school who cite their submission represents the entire community of the school.
The issues raised by the School are:
Issue
The submission highlights the number of students enrolled at the School (over 600) in an age range from 5 to 12 years old and the close proximity of the proposed tavern to the School, (approximately 100m).
The perceived issues arising are: a) Response time from Police given no Police Station exists in Thornton b) Increased litter and broken glass at the School and its perimeter c) Welfare of students and other children using the school grounds and facilities after School hours and at weekends d) Trespassing, vandalism, graffiti and theft on School grounds despite a security fence. e) Lighting of fires in garbage bins
Comment a) The proposal has been submitted to the NSW Police for review. The review acknowledges the potential for anti-social behaviour to increase and that the area is a hub of unacceptable levels of criminal activity in the suburb of Thornton, The review however, does not imply that Police response time or the ability of Police to respond to the area is compromised. b) The proposal is accompanied by a plan of management, hereafter referred to as the ‘P.O.M’. Section 9.5 (k) of this document commits to the following, quote:
‘The licensee shall require any security person on duty at the Tavern to:
(k) Collect any rubbish in the Tavern’s security patrol area that may be associated with tavern’s activities’.
Further, and in response to this issue, the proponent has also committed to the following, quote:
Page (76) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON (Cont.) ‘As stated in the Plan Of Management, patrons will not be permitted to leave the premises with any material obtained from the Tavern. Any litter seen by security in their patrol in the vicinity of the Tavern will be removed by the security guards and disposed of in the dedicated waste disposal located in the loading dock. Any rubbish generated by patrons of the Shopping Centre is automatically collected from the immediate surrounds of the Shopping Centre by Shopping Centre staff and disposed of in the dedicated waste disposal located in the loading dock. These measures will prevent any litter associated with the Tavern from being disposed of in the vicinity of Thornton Public School as raised in their letter dated 15 December 2010.’ c) It is respectfully considered that the welfare of students and persons utilising the school grounds at any time is a matter of responsibility for the School, and such responsibility should address the relevant issues associated with the locality. d) & e) It is observed that the School has a security fence for the extent of its perimeter that would normally deter persons from entering the property. It is considered that illegal entry to the School grounds is a matter for the School to address, possibly requiring an intensification of security measures by the School.
The issue raised by the residents are:
Issue
We cannot leave our windows open due to the noise generated from the Shopping Centre and James Coke (sic) and Taylor Avenue. Further noise generated from the bar is a major concern.
Comment
Previous consent for a Tavern in this location required the construction of an acoustic fence to the north-east property boundary of the Shopping Centre. This boundary is in close proximity to the proposed Tavern.
The acoustic fence has been constructed. Notwithstanding, the proponent has recognised the potential issue of noise, and has redesigned the north-east exit to include a noise lock, as well as specifically addressing noise within the proposed Plan of Management, (Section 6.0) quote:
6.1 ‘The following noise criteria are standard guidelines as set by the Casino, Liquor & Gaming Authority (the authority) CLAGCA:
The LA10 noise level emitted from the licensed premises shall not exceed the background noise level in any octave band frequency (31.5 Hz to 8 kHz inclusive) by more than 5dB between 7am and 12 midnight at any residential boundary, balcony or window to habitable room.
Notwithstanding compliance with the above, the noise from music and patrons on the licensed premises shall not be audible within any habitable room in any residential premises between the hours of 12.00 midnight and 7.00 am.
Interior noise levels, which still exceed safe hearing levels, are in no way supported or condoned by the casino, Liquor & gaming Control Authority (the authority) CLAGCA.
Page (77) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON (Cont.) For the purpose of this condition, the Law can be taken as the average maximum deflection of the noise emission from the licensed premises.
6.2 The tavern will operate in accordance with these guidelines.
6.3 There will be no live entertainment (musical or otherwise) provided on the premises and no external speakers will be utilised.
6.4 The existing acoustic fence is to be well maintained to ensure it serves its purpose of screening noise from the site.
6.5 The air and sound lock to the rear of the premises is to be kept in good working order at all times.’
End quote.
It is further noted that the proposed hours of trading for the Tavern will cease at 10pm thus lessening the likelihood of noise disturbance.
Issue
A lengthy submission has been submitted providing (with references) statistical information relating to increased anti-social behaviour and property damage resulting from alcohol fuelled crime in the vicinity of a licensed premises. The specific issues as raised are summarised as follows:
1. Studies show that a higher density of licensed premises in an area shows a direct correlation to an increase in the neighbourhood of problems with drunkenness and increased property damage with those living closest being the most affected.(Donnelly et al 2006). Safety, social disruption and violence in and around licensed premises are areas of growing concern in many communities. (Homel, Tomsen & Thommeny, 1992,;Lang & Rumbold, 1997; Graham et al 1998;Graham, West & Wells, 2000;Pernanen, 1998)
2. Alcohol –related violence tends to cluster in certain types of individuals, settings and (sub) cultures. The group at most risk of alcohol –related harms are men, particularly young intoxicated men (Home, Tomsen & Thommeny, 1992;Homel & Clark, 1994;Graham, Schmidt & Gillis, 1996;Macintyre & homel, 1997;Graham et-al, 1998; Hauritz, Homel, McIlwain, Burrows & Townsley, 1998;Rossow et al, 1999;Hoaken & Pihl, 2000) such as would frequent a tavern.
3 Certain types of licensed establishments are associated with higher levels of aggression (Homel & Clark, 1994) or higher levels of incidents such as drink driving (Gruenewald, Stockwell, Beel & Dyskin,199). Briscoe and Donnelly (2001) recently found that 60-80% of all assaults in licensed premises in inner city areas of Sydney, Newcastle and Wollongong occurred in hotels (taverns). It is a logical assumption that Maitland could expect to see similar statistics should such a study be conducted here. Those with late trading hours were associated with the most results.
Page (78) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON (Cont.) 4. The submission quotes an article appearing in the Newcastle Herald (25th Feb 2009) which analyses statistics relating to alcohol-related assaults, assaults on licensed premises and drink-driving charges in Maitland, Newcastle, Cessnock, Singleton, Dungog and Gloucester, and makes the following comment:
As the above table shows, Maitland already has rates above the national average for alcohol-related assaults, assaults on licensed premises and drink driving charges despite having the lowest number of licensed venues per capita than the state average and in comparison to other Council areas studied. From this one can infer that Maitland (and thus Thornton) already has an increased propensity to alcohol related problems (above the State average) and that adding yet another tavern to that mix would result in a further increase in such behaviour. Add to that, the fact that this behaviour could and most likely would occur in an otherwise quiet and friendly area would be a disservice to the neighbourhood and its occupants.
5. The submission further cites the above mentioned publication which also provides a correlation with distances from licensed premises and problems with property damage. The publication graph implies that at a distance of less than 0.5kms from a licensed premises the percentage of problems with property damage is 35.7%. The other end of the scale cites at a distance of greater than 1.6kms from the licensed premises the percentage of problems with property damage falls to 23.3%. The submission goes on to identify the objector’s property as being less than 200m from the proposed Tavern and with restrictions on fencing, gates, walls being erected on the objector’s property that the objector’s security options are limited.
6. The submission states that physical features of the surrounding environment can contribute to the harms of intoxicated people or others. Factors which influence alcohol related harms within and around licensed drinking environments include but not limited to location of amenities, cab ranks, bus facilities, density of licensed venues, number and type of other businesses operating hours of the licensed venue, lighting, CCTV, location of fast food outlets and proximity of the licensed venue to domestic premises.
7. There is a danger of collision with delivery vehicles in the loading dock area as the area is not well lit or covered by CCTV cameras. Poor lighting and dark spots could contribute to loitering and congregation of people who may engage in conflict, noise, disorderly behaviour, criminal offending and possibly the use of/or sale of illegal drugs.
8. There would be an increase of noise and disorderly behaviour, drink driving and vandalism due to the lack of public transport serving the area and the lack of taxi ranks.
9. The potential exists for patrons to move through the main shopping centre with drinks in their hand.
10. There is a lack of adequate off street car parking.
Page (79) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON (Cont.) 11. Additional beer/wine/liquor deliveries will congest the delivery access area.
12 The submission requests confirmation of the following;
a) Proposed hours of operation
b) Will there be live entertainment
c) Will there be card/poker machines
d) Will there be food service, if so, what type
e) What type of licensing is proposed
f) Is it the intent that patrons will exit through the shopping mall during normal hours.
g) If the tavern is open after the centre closes, where will the entrance /exit be
h) Will a courtesy bus be provided to patrons during closing hours
i) Will additional security be provided to prevent/diffuse any problems with tavern patrons.
Comment
1. The proposed Tavern is the only Tavern to be located within the Thornton precinct, thus an intensification of such facilities is not considered an issue in this case, given the nearest comparable premises would be Beresfield, East Maitland or Greenhills.
2. It is considered speculative to assume who the clientele of the proposed Tavern would be, and irrelevant to target young males as being the source of alcohol related violence in this case. It is of note that the proposed Tavern is small, and has relatively early closing hours (10pm). Whilst this offers no guarantee as to the nature of the clientele, it is also noted that security staff will be employed to address the general behaviour of patrons which in real terms will equate to a modest (patron) number given the limited floor area.
3. This comment is speculative. It is also noted that the proposed Tavern will have an earlier closing time than the venues as referred to in this comment.
4. The analysis of the statistics does not generally favour the broader picture in terms of providing another licensed premises, however it is considered that the current proposal should be measured in its own perspective rather than association with a more significant issue that is more likely represented by larger establishments in the LGA.
5. As above, the statistics do not necessarily favour a Tavern in close proximity to residential development. The proponent addresses this issue by way of controlling patron behaviour through in-house security staff supervising patron behaviour.
Page (80) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON (Cont.) 6. The ‘Safer by Design’ analysis of the proposal by NSW Police states in reference to the precinct, quote:
‘Thornton Shopping Centre and the immediate surrounds of the car park, Library, Community Centre, Sport Fields and Primary School are intended as community based focus precinct with youth and family orientation. Albeit, this area is also a hub of unacceptable levels of reported criminal activity in the suburb of Thornton.’
In light of the above observation by the Police, the opinion provided by the objector is generally supported.
The report provided by the Police does however infer that existing anti-social issues in Thornton are youth driven, as such given age restrictions on licensed premises, the existence of the Tavern may not necessarily contribute to the current issues. Further, it is relevant to consider the modest size of the Tavern combined with early closing (10pm) would suggest that actual patronage numbers will not be substantial.
Further, the proposed POM states, quote:
7.1 The licensee and staff shall take all reasonable steps to control the behaviour of the patrons of the Tavern as they enter and leave the premises. To this effect, the licensee shall:
(a) Erect signs at the exits of the Tavern requesting patrons to leave quietly: and
(b) Assign staff or security persons to ensure that patrons in leaving the Tavern, do so promptly and as quietly as is reasonably possible.
7.2 The licensee and staff shall take reasonable steps to ensure that:
(a) There is no loitering in the vicinity of the Tavern, by persons who may be seeking admittance to it:
(b) No takeaway alcohol will be sold from the premises:
(c) Staff and/or security personnel will ensure patrons do not leave the premises with any drink vessel or material from the premises.
7.3 As per the taverns House Policy (attached at appendix 1) management will not allow any violent, indecent or quarrelsome behaviour on the premises.’
7. The proponent responds to the matter of surveillance in the proposed POM, quote:
‘10.1 Closed circuit video surveillance cameras shall be installed both inside and outside the Tavern (in order to monitor conditions in the vicinity of the Tavern)
Page (81) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON (Cont.) 10.2 Those cameras and associated equipment shall be digital and recorded directly onto hard drive and shall automatically record date and time of exposures.
10.3 That equipment shall be maintained in working condition with any repairs or maintenance required being carried out as quickly as is reasonably possible.
10.4 Video surveillance shall operate at all times the Tavern is open for trade and , for at least, thirty (30) minutes after closing time.
10.5 Information recorded on the CCTV system shall be preserved for at least, fourteen (14) days before it is recorded over.
10.6 Recorded footage or DVD’s of requested footage shall be made available to the Police or Council officers on receipt of a written request, provided the tavern may have sufficient time to arrange viewing or recording of footage.
10.7 Video monitoring screens shall be installed at suitable locations in the Tavern so as to enable duty managers to monitor, easily and frequently, the activities revealed by the video cameras.
Security staff will provide monitoring and supervision of patrons to ensure that there is not undue congestion of people outside of the Tavern premises in the car park area.
In respect of collisions occurring in the loading dock area, it is reasonably assumed that the majority of deliveries would occur in daylight hours and not coincide with peak operating times of the Tavern. The car park and delivery dock area is a low speed traffic environment and the potential for serious vehicle collision is low.
8. The POM addresses the issue of disorderly behaviour occurring outside the premises. Taxi services are available to the precinct as are regular bus services.
Review of Hunter Valley bus services notes that buses service the Thornton shops till approximately 9.00pm weekdays, 9.30pm Saturdays and 4.15 Sundays.
9. The POM addresses this issue by asserting that no patron will be permitted to leave the premises with alcohol that has bee purchased on the premises.
10. The car parking requirements are addressed in section 79C (1)(a)(iii) of this assessment and found to be satisfactory.
11. It is not forseen that the proposed Tavern would generate such additional delivery movements that would congest the loading facility of the Shopping Centre to unacceptable levels, given that the subject shop floor area could possibly accommodate an alternate retail facility that could generate more frequent delivery requirements equal to a Tavern..
Page (82) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON (Cont.) 12. a) The proposed hours of operation will be from 10am to 10pm daily, except for restricted trading days as allowed by the Liquor Act.
b) No live entertainment is proposed.
c) The proponent advises that there is no intention to install poker machines in the Tavern at this stage
d) No food preparation is proposed, only light snack type foods will be available.
e) The proponent holds a current liquor licence pursuant to prior (Tavern) consent for the site. The proponent indicates that an amendment to the license will be pursued due to the lesser floor space with the current proposal.
f) & g) Access to the Shopping Centre mall will be available whilst existing businesses within the mall are operating. At the close of business for mall traders, access/egress from the proposed tavern will be via the proposed external north-east exit. The POM states that patrons will be monitored in respect of taking alcohol off the premises and also patron behaviour.
h) The Statement of Environmental Effects (SoEE) submitted with the proposal does not indicate provision of a courtesy bus.
i) The POM indicates that adequte security staff will be employed to assist in the proposed Tavern and will work in conjunction with the existing security staff employed by the Shopping Centre.
Section 79C(1)(e) the public interest
The proposed development is intended to cater for a portion of the community who choose to patronise this type of facility. While the proposal will not meet with the favour of the entire community, as such, does not necessarily serve the broader public interest. The proposed development does however provide ongoing economic benefits through employment and through the provision of a service that is not currently available in the precinct.ssue Comment
FINANCIAL IMPLICATIONS
This matter has no direct financial impact upon Council’s adopted budget or forward estimates.
POLICY IMPLICATIONS
This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS
Statutory implications relating to assessment of the subject application have been addressed in the body of the report
Page (83) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON (Cont.) CONCLUSION
The proposal is permissible within the zone and satisfies relevant planning guidelines. The site has been the subject of two previous consents for a Tavern, both on a larger scale than is currently proposed. The current proposal is a small scale tavern with an area of 155sqm and will operate between 10.00am and 10.00pm seven days a week. The tavern will serve a predominantly local catchment and is the only licensed facility available within the Thornton/Chisholm area. The development is supported by a comprehensive plan of management which should provide adequate control on patron behaviour. The proposed development is recommended for approval subject to applicable consent conditions.
Page (84) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON (Cont.) SCHEDULE OF CONDITIONS
Reason for Condition(s) The following condition(s) have been applied to the development, subject of this consent, to ensure that the development meets the requirements of the NSW Environmental Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment Regulation 2000, and the various policies and development controls of Maitland City Council and other government agencies relevant to the development being undertaken.
Proposed re-fit of Shop 3(b) within Thornton Shopping Centre, Lot 713, DP263110, 1A Taylor Avenue, Thornton, and operation of shop 3B as a Tavern.
Reason for Conditions The objectives of the following conditions is to draw to the attention of the applicant and owner their responsibilities to comply with various provisions of the Environmental Planning and Assessment Act, 1979, Environmental Planning and Assessment Regulations, 2000, Local Government Act 1993; Regulations; Building Code of Australia and Local Policies relating to building construction and maintenance.
APPROVED PLANS AND DOCUMENTATION
1. The development shall be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule and any amendments arising through conditions to this consent or as shown in red colour on the plans:
Plan Ref. Sheet Rev Date Prepared by: No (consultant)
Shop 3B Proposed bar n/a n/a 9/3/10 ROI Properties Site plan. Proposed bar floor TSC030001 n/a 20/1/11 ROI Properties plan
2. A construction certificate is to be obtained prior to commencing construction works. The construction certificate application is to include detailed plans and specifications for the construction of the building/structure.
3. All building work must be carried out in accordance with the provisions of the Building Code of Australia.
4. The premises, including the construction and installation of all equipment, fixtures and fittings must comply with the requirements of the Food Act 2003, Food Regulation 2004, Food Standards Code and Australian Standard 4674 for the Design, Construction and Fit-out of Food Premises. If Council is nominated as the Principal Certifying Authority, details of compliance are to be included in the plans and specifications for the Construction Certificate. Council’s Environmental Health Officer is to be given 48 hours notice to inspect the premises prior to the commencement of the business. Where Council is not nominated as the Principal Certifying Authority a Certificate from an appropriately qualified person confirming compliance with the above legislation and guidelines is to be provided before the issue of the Occupation Certificate. Prior to occupation and commencement of trade the business is to be registered with Council.
Page (85) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON (Cont.) 5. The development or any portion of the development shall not be used or occupied until an Occupation or Interim Occupation Certificate has been issued. Occupation certificate applications must be accompanied by the required fee and all associated information and certifications. To ensure occupation or use of the development can occur in a timely fashion, the occupation certificate application should be submitted at the same time as the final inspection is being requested.
6. Upon completion of the works BUT prior to its occupation, a Final Fire Safety Certificate with respect to each critical and essential fire safety measure installed in the building is to be provided. Such certificate(s) are to be in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.
7. At least once in each twelve (12) month period, fire safety statements in respect of each required essential fire safety measure installed within the building are to be submitted to Council. Such certificates are to state that: a) The service has been inspected and tested by a person (chosen by the owner of the building) who is competent to carry out such inspection and test; and b) That the service was or was not (as at the date on which it was inspected and tested) found to be capable of operating to a standard not less than that specified in the fire safety schedule for the building). Such statements are to be in accordance with Division 5 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.
8. The applicant is required to submit to Council Notice of Commencement at least two (2) days prior to the commencement of construction works.
9. 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.
10. All demolition works are to be carried out in accordance with Australian Standard AS 2601-2001.
11. Unless otherwise approved by Council in writing; all building work associated with this approval shall be carried out between 7.00am and 6.00pm Monday to Fridays and 7.00am to 5.00pm on Saturdays with no work permitted on Sundays or Public Holidays that may cause offensive noise.
12. A copy of the fire safety schedule and fire safety certificate is to be prominently displayed in the building in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation 2000.
13. A copy of the fire safety schedule and fire safety certificate is to be given to the Commissioner of New South Wales Fire Brigades in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.
14. Access for disabled persons must be provided in accordance with DP1, DP2, and DP8 of the Building Code of Australia across all trading hours for the premises. Compliance with Part D3 of the Building Code of Australia satisfies this requirement.
Page (86) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON (Cont.) All elements are to meet the requirements of Australian Standard AS1428.1 "Design for Access & Mobility". NB: Reconfiguration to the air-lock at the northern entry and provision of a ramp to the car park are to be provided.
15. If the work:
i) is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or
ii) involves the enclosure of a public place
a hoarding or fence must be erected between the work site and the public place.
If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.
The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place. Any such hoarding, fence or awning is to be removed when the work has been completed.
16. 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.
17. Hours of operation of the Tavern shall be from 10am to 10pm daily with the exception of restricted trading as per the provisions of the Liquor Act.
18. Refrigerated chambers, strong rooms and vaults must have adequate safety measures to facilitate escape and for alerting persons outside the chamber or vault in the event of an emergency.
19. The provision of on-site parking in accordance with Council's Car Parking Policy adopted 24 January 2006. For the subject application the required car parking has been assessed at a minimum of 16 spaces. Any reconfigured car spaces provided in the existing car park shall satisfy the requirements of Maitland Citywide Development Control Plan ‘Carparking’ in terms of the dimensions of the car spaces and manouvering area/s.
20. Vehicles being loaded or unloaded are to stand wholly within designated loading bays. Vehicles are not to be loaded or unloaded at the kerbside or across the public footpath.
21. The use and occupation of the premises including all plant and equipment installed therein, shall not give rise to any offensive noise as defined under the Protection of the Environment Operations Act, 1997.
Page (87) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON (Cont.) 22. The ongoing operation of the proposed Tavern shall be in accordance with the Plan of Management prepared by ROI Properties dated 31 January 2011 for Shop 3B, 1A Taylor Avenue, Thornton.
23. Access to and from the proposed Tavern (from the mall) shall be restricted to the hours of operation of the existing businesses within the mall, not including Bi-Lo. After these hours, access to and from the proposed tavern shall be via the proposed entry to the north-east side of the Tavern opening onto the car park.
ADVICE
A. You are advised that any proposed signage to the exterior of the building shall be subject to a separate development application to Council.
B. It is the Applicants responsibility to ensure compliance with the requirements of the Disability Discrimination Act, 1992 (DDA). Note: Compliance with the Building Code of Australia does not necessarily meet the requirements of the DDA.
Page (88) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON (Cont.)
Service Planning and Regulation Reports
DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON
Locality Map
Meeting Date: 8 March 2011
Attachment No: 1
Number of Pages: 1
Page (89) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON (Cont.)
Page (90) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON (Cont.)
Service Planning and Regulation Reports
DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON
Development Plans
Meeting Date: 8 March 2011
Attachment No: 2
Number of Pages: 2
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DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON (Cont.)
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Service Planning and Regulation Reports
DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON
Submissions
Meeting Date: 8 March 2011
Attachment No: 3
Number of Pages: 21
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DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON (Cont.)
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DA 10-2435 PROPOSED TAVERN - LOT 713 DP263110, 1A TAYLOR AVENUE, THORNTON (Cont.)
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10.4 DA 09-2588 PROPOSED S96 MODIFICATION TO APPROVED 121 LOT RESIDENTIAL SUBDIVISION - LOTS 1 & 9 DP32519, 546 PATERSON ROAD, BOLWARRA HEIGHTS
File No: DA 09-2588 Attachments: 1. Locality Plan 2. Existing Approved Subdivision Plan 3. Proposed Amended Subdivision Plan 4. Submission Responsible Officer: Bernie Mortomore - Group Manager Service Planning & Regulation David Simm - Manager Development & Environment Stephen Punch - Principal Planner Author: Ian Cunningham - Town Planner
Applicant: Largs Holdings Pty Ltd Owner: Largs Holdings Pty Ltd Proposal: Proposed S96 Modification to consent Location: Lots 1 & 9, DP 32519, 546 Paterson Road, Bolwarra Heights Zone: 2(a) Residential
EXECUTIVE SUMMARY
Development Application (DA) 09-2588 gave approval to a 121 lot residential subdivision of Lot 1 & 9, DP 32519, 546 Paterson Road, Bolwarra Heights. The proposal seeks to amend the approved subdivision design to permit a minor reconfiguration of the approved lot layout to provide improved road connectivity with the adjoining (approved) residential subdivision to the south of the subject site and altering various conditions in respect of road widths, shared footpath, staging of the development, intersection treatment and incorporation of additional storm water detention. The relevant consent conditions are 1, 2, 18, 19, 20, 21, 22, 23 and 36.
The proposed amendments are supported with the exception of condition 20 which relates to the construction of a shared path (parallel to Dunmore Road) from the subject site to the south-east corner of existing lot 2, DP 32510. This lot is in the ownership of Maitland City Council.
The proposed modification was notified in accordance with Council policy, and as a result of this process, one (1) submission was received objecting to the resultant reduction of a lot within the original lot format (approved lot 28) into two smaller lots (proposed 15 & 28). The submission also raises safety concerns in respect of the existing intersection of Paterson and Dunmore Roads.
The objection received is discussed further in this assessment and the issues raised are not considered sufficient to warrant refusal of the proposed amendments.
Page (116) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 09-2588 PROPOSED S96 MODIFICATION TO APPROVED 121 LOT RESIDENTIAL SUBDIVISION - LOTS 1 & 9 DP32519, 546 PATERSON ROAD, BOLWARRA HEIGHTS (Cont.) OFFICER’S RECOMMENDATION
THAT the proposed s96 modification to DA 09-2588 for the subdivision of Lots 1 & 9 DP32519, to amend consent conditions 1, 2, 18, 19, 21, 22, 23 & 36 be approved as per the attached text of the amended conditions.
INTRODUCTION
Development Application 09-2588 gave consent by resolution of the Council on the 27th July 2010 to a 121 lot residential subdivision of Lots 1 & 9, DP 32519, 546 Paterson Road, Bolwarra Heights. No physical works on the subdivision have yet commenced.
Since that approval, further consent has been given to DA 10-2913 for a 28 lot residential subdivision of Lot 10, DP624768, 476 Paterson Road, Bolwarra Heights. This lot adjoins the subject lot to the south.
The road configuration of the latter approval did not adequately align with the former approval, and site issues arose in terms of providing storm water detention to the development of Lot 10.
The current proposal involves a reconfiguration of the approved subdivision to improve road connectivity and alignment between the two separate residential subdivisions, and also to achieve a more practical stormwater management solution to cater for the collective developments.
The proponent has also requested a review of the standard of the intersection treatment from the proposed internal road within the development, onto Dunmore Road. The consent (condition 19) required an RTA type ‘AUR’ intersection, whereas the applicant proposes an alternate design in terms of an Austroads ‘BAR/BAL’ type. This simply reflects an altered design width in the road without specific lane line marking. Council has determined the ‘BAR/BAL’ type intersection standard as acceptable.
As a consequence of the proposed amendments, some proposed lots have also been reconfigured. The proposed reconfiguration and amendments requires a redescription of the relevant consent conditions of DA 09-2588 which relate to them.
SITE DESCRIPTION
The lawful description of the subject land remains as it was at the time of the original development consent being Lots 1 & 9 in DP32519.
PROPOSAL
The proposal seeks to amend consent conditions 1, 2, 18, 19, 20, 21, 22, 23 & 36 of Development Application 09-2588.
Condition 1 will require alteration to make correct reference to the amended plan of subdivision.
Page (117) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 09-2588 PROPOSED S96 MODIFICATION TO APPROVED 121 LOT RESIDENTIAL SUBDIVISION - LOTS 1 & 9 DP32519, 546 PATERSON ROAD, BOLWARRA HEIGHTS (Cont.) Condition 2 will require an amendment to the s94 contributions given reduction in the lot yield from 121 lots to 119 lots.
Condition 18 is updated to make the correct references to road widths in the context of the revised subdivision plan.
Condition 19 describes the altered design requirements for the intersection treatment of Dunmore Road and the internal subdivision road.
Condition 20 will remain. The proponent has requested a reduction of the shared path width to one (1) metre. Council maintains the requirement of a 2.5m wide shared path in accordance with the Largs Urban Release Area Plan (LURAP) and Council’s Manual of Engineering Standards.
The adopted Largs Urban Release Area Plan (LURAP) requires a shared path to be constructed from the subject development site to the south east corner of Lot 2, DP32519, and roughly parallel to Dunmore Road and connecting to the existing footpath at the northern boundary of the Masonic Retirement Village land. The applicant wishes to provide a 1.0m wide path in lieu of the 2.5m wide shared pedestrian/cycle path. Council officers have met with the applicant on the site and have investigated in detail the practicalities of providing this shared path. The conclusion is that the required 2.5m path can be provided within the road reserve with some of the fill batter being accommodated within the adjoining Council owned land being Lot 2, DP32519. Lot 2 is operational land and the location of some pathway batter onto the land is considered appropriate in terms of facilitating an appropriate cycleway link and will not adversely impact future development potential of Lot 2.
Condition 21 is updated to align the references to the internal pedestrian paths with the revised subdivision layout.
Condition 22 is updated to align the references to the driveway treatments with the revised subdivision layout.
Condition 23 is updated to align the references to the turning heads with the revised subdivision plan.
Condition 36 makes lot referencing updates to the requirement for positive covenants relative to the revised subdivision plan.
PLANNING ASSESSMENT
Section 79C(1)(a)(i) provisions of any environmental planning instrument
Maitland Local Environmental Plan (LEP) 1993
The assessment of DA 09-2588 has considered the Maitland Local Environment plan 1993. The current s96 modification proposal of DA 09-2588 is consistent with the original consent and does not incur further consideration of the LEP.
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DA 09-2588 PROPOSED S96 MODIFICATION TO APPROVED 121 LOT RESIDENTIAL SUBDIVISION - LOTS 1 & 9 DP32519, 546 PATERSON ROAD, BOLWARRA HEIGHTS (Cont.) Lower Hunter Regional strategy (LHRS)
The proposed s96 modification does not alter prior consideration of the LHRS.
State Environmental Planning Policies
No specific State Environmental Planning Policy is relevant to this proposal.
Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition
Since the original assessment of DA 09-2588, the draft Maitland Local Environment Plan 2011has been exhibited. The draft plan has not yet been adopted.
The draft plan redefines the subject site zoning from 2(a) residential to R1 General Residential.
The objectives of the zone are:
● To provide for the housing needs of the community.
● To provide for a variety of housing types and densities.
● To enable other land uses that provide facilities or services to meet the day to day needs of residents.
The original proposal satisfies the relevant objectives in terms of providing housing opportunities through the provision of additional residential land release.
The proposed modification to the consent does not alter the ability of the proposal to meet these objectives.
Section 79C(1)(a)(iii) any development control plan
The ‘Subdivisions’ chapter of the Maitland Citywide DCP is relevant to the proposed modification.
The proposal seeks to realign internal roads to achieve improved connectivity with approved residential subdivision to the south of the subject site.
The amended configuration is not significantly altered from the original consent in terms of the consistency of the overall road pattern with the Largs Urban Release Area Plan.
The proposed modification also seeks to include a second storm water detention pond to address storm water discharge from the adjoining approved subdivision to the south.
The ‘Largs Urban Release Area Plan’ LURAP chapter of the Maitland Citywide DCP is applicable to this proposed modification.
The requested S96 alterations to the subdivision do not affect compliance with the LURAP with the exception of the request to reduce the shared pedestrian/cycleway
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DA 09-2588 PROPOSED S96 MODIFICATION TO APPROVED 121 LOT RESIDENTIAL SUBDIVISION - LOTS 1 & 9 DP32519, 546 PATERSON ROAD, BOLWARRA HEIGHTS (Cont.) on Dunmore Road from 2.5m wide to 1.0m wide. This issue is addressed in detail within the report and is not supported.
Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph)
Not applicable.
Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality
The proposed modification does not introduce additional significant impact in terms of the natural, built, social or economic environment with the exception that the cycleway/pedestrian connectivity would be compromised with the requested reduction in the width of the shared pedestrian/cycle path in Dunmore Road.
Section 79C(1)(c) the suitability of the site for the development
The site has previously been identified as suitable for residential development pursuant to the creation of the Largs Urban Release Area and the rezoning of the land to 2(a) residential.
The proposed modification remains generally in accordance with the LURAP.
Section 79C(1)(d) any submissions made in accordance with this act or the regulations
The proposed modification was notified from the 20th December 2010 to the 10th January 2011. As a result of this process, one submission received.
The issues raised in the submission are discussed below:
Issue
The submission objects to the reduction in size of nominated lots 15 and 28, citing the blocks at the nearby Dunmore Park subdivision are in excess of 2000sqm, and not one of the proposed lots even approaches this.
Comment.
The proposed modification alters the configuration of some of the proposed lots within the subdivision to compensate for the re-alignment of the internal roads. The lot yield of the approved subdivision subsequently falls from 121 residential lots to 119. To address the lot yield reduction, former proposed Lot 28 with an area of 894sqm has been altered to two lots (proposed lots 28 & 15) with areas of 482sqm and 481sqm respectively.
Whilst these lots sizes are below the average lot size within the subdivision, it is not unacceptable to include lots of this area which comply with the minimum lot sizing of 450sqm.
The ‘Subdivisions’ chapter of the Maitland Citywide DCP states;
Page (120) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 09-2588 PROPOSED S96 MODIFICATION TO APPROVED 121 LOT RESIDENTIAL SUBDIVISION - LOTS 1 & 9 DP32519, 546 PATERSON ROAD, BOLWARRA HEIGHTS (Cont.) ‘Minimum lot sizes of 450sqm shall be permitted only where an overall subdivision master plan or precinct plan has clearly identified the number, location and distribution of minimum 450sqm lots throughout the subdivision’
It is of note that Council is receiving s96 modification proposals for other residential subdivisions in the Maitland LGA to reduce lot sizing to meet market demand, thus it is clearly demonstrated that there is a requirement for small residential lots of this proportion.
In respect of the submission’s comparison of lot sizing to the nearby Dunmore Park subdivision in Dunmore Road, the proposal is for a residential subdivision consistent with 2(a) residential zoning. Dunmore Park subdivision is consistent with 1(d) rural residential zoning, hence the larger lot areas.
Issue
The submission highlights concerns with the status of the intersection of Paterson Road and Dunmore Road in terms of its alignment, location and ongoing safety concerns.
Comment
The Largs Release Area plan makes provision for the realignment of Dunmore Road at its intersection with Paterson Road. This provision in terms of dedication of land for that purpose was addressed within the original consent and is not a consideration under the S96 application.
The construction of the intersection is not currently listed as a ‘Forward Works’. Although the matter is being investigated.
Section 79C(1)(e) the public interest
The proposed modification will improve the configuration of the proposed residential subdivision and ultimately benefit the community in terms of accessibility through the subject and adjoining subdivisions, as well as providing a variety of residential lot configurations, thus in turn providing various housing options. It is not however considered to be in the public interest to accept the significant reduction in the width of the shared pedestrian/cycle path on Dunmore Road.
FINANCIAL IMPLICATIONS
This matter has no direct financial impact upon Council’s adopted budget or forward estimates.
POLICY IMPLICATIONS
This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS
Statutory implications relating to assessment of the subject application have been addressed in the body of the report
Page (121) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 09-2588 PROPOSED S96 MODIFICATION TO APPROVED 121 LOT RESIDENTIAL SUBDIVISION - LOTS 1 & 9 DP32519, 546 PATERSON ROAD, BOLWARRA HEIGHTS (Cont.)
CONCLUSION
The proposed s96 modification is generally consistent with the original proposal and consistent with the relevant planning guidelines applicable to the precinct. Approval of the S96 application is recommended with the exception of that element requesting a reduction to the width of the shared pedestrian/cycle path along Dunmore Road.
Page (122) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 09-2588 PROPOSED S96 MODIFICATION TO APPROVED 121 LOT RESIDENTIAL SUBDIVISION - LOTS 1 & 9 DP32519, 546 PATERSON ROAD, BOLWARRA HEIGHTS (Cont.) SCHEDULE OF CONDITIONS
Reason for Condition(s) The following condition(s) have been applied to the development, subject of this consent, to ensure that the development meets the requirements of the NSW Environmental Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment Regulation 2000, and the various policies and development controls of Maitland City Council and other government agencies relevant to the development being undertaken.
The original conditions are shown as below, with the proposed amended conditions shown in italics:
Original condition 1
1. The development shall be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule and any amendments arising through conditions to this consent or as shown in red colour on the plans:
Plan Ref. Sheet Rev n Revision Prepared by: No No No Date (consultant) Proposed Subdivision of Lots 1 n/a n/a 21/7/10 RPS Harper Somers & 9, DP 32519 O’Sullivan
Amended Condition 1
1.. The development shall be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule and any amendments arising through conditions to this consent or as shown in red colour on the plans:
Plan Ref. Sheet Rev n Revision Prepared by: No No No Date (consultant) Proposed Subdivision L02 2 18/11/10 GCA Dunmore Road, Largs Site Plan
Original condition 2
2.. Pursuant to Section 80A(1) of the Environmental planning & Assessment Act 1979, and the Maitland S94 Contributions plan (Citywide) 2006, a Contribution of $1,438,829 shall be paid to Council.
The contribution is calculated from Council’s adopted Section 94 Contributions Plan in the following manner:
Lots Total
2006(A) Citywide Rec & Open Space 119 x $4.675 $556,325 2006(A) Citywide Road & Traffic Facilities 119 x $4,344 $516, 936 2006(A) Citywide Cultural Facilities 119 x $839 $99,936 2006(A) Citywide Community Facilities 119 x $1,863 $221,697 2006(A) Citywide Cycleways/Shared Paths 119 x $192 $22,848 2006(A) Citywide Management/Admin 119 x $178 $21,182 $1,438,929
Page (123) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 09-2588 PROPOSED S96 MODIFICATION TO APPROVED 121 LOT RESIDENTIAL SUBDIVISION - LOTS 1 & 9 DP32519, 546 PATERSON ROAD, BOLWARRA HEIGHTS (Cont.)
The above contributions rates are indexed, at least annually, with reviewed rates to apply from the 1st February each year in accordance with the provisions of the Maitland Section 94 Contributions Plan (Citywide) 2006. Please refer to Council’s web page for the current rates applicable. Payment of the above amount shall apply to Development Applications as follows: -Subdivision only – prior to issue of the Subdivision Certificate - Building work only – prior to the issue of the Construction Certificate - Subdivision and Building work – prior to issue of the Construction Certificate, or Subdivision Certificate, whichever occurs first. - Where no Construction Certificate is required- prior to issue of an Occupation Certificate. - For Extractive Industries – annually from the date of issue of 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 in accordance with the provisions of Section 94 of the Environmental Planning & Assessment Act 1979. ii) Council’s administration expenses are met with respect to the processing of the application.
Amended condition 2
2. Pursuant to Section 80A(1) of the Environmental planning & Assessment Act 1979, and the Maitland S94 Contributions plan (Citywide) 2006, a Contribution of $1,423,815 shall be paid to Council.
The contribution is calculated from Council’s adopted Section 94 Contributions Plan in the following manner:
Lots Total
2006(A) Citywide Rec & Open Space 115 x $4.787 $550,505 2006(A) Citywide Road & Traffic Facilities 115 x $4,448 $511,520 2006(A) Citywide Cultural Facilities 115 x $859 $98,785 2006(A) Citywide Community Facilities 115 x $1,908 $219,420 2006(A) Citywide Cycleways/Shared Paths 115 x $197 $22,655 2006(A) Citywide Management/Admin 115 x $182 $20,930 $1,423,815
The above contributions rates are indexed, at least annually, with reviewed rates to apply from the 1st February each year in accordance with the provisions of the Maitland Section 94 Contributions Plan (Citywide) 2006. Please refer to Council’s web page for the current rates applicable. Payment of the above amount shall apply to Development Applications as follows: -Subdivision only – prior to issue of the Subdivision Certificate - Building work only – prior to the issue of the Construction Certificate - Subdivision and Building work – prior to issue of the Construction Certificate, or Subdivision Certificate, whichever occurs first. - Where no Construction Certificate is required- prior to issue of an Occupation Certificate. - For Extractive Industries – annually from the date of issue of development consent.
The above ‘contribution’ condition has been applied to ensure that;
iii) Where the proposed development results in an increased demand for public amenities and services, payment towards the cost of providing these facilities/services is made in accordance with Council’s adopted contributions plan prepared in
Page (124) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 09-2588 PROPOSED S96 MODIFICATION TO APPROVED 121 LOT RESIDENTIAL SUBDIVISION - LOTS 1 & 9 DP32519, 546 PATERSON ROAD, BOLWARRA HEIGHTS (Cont.) accordance with the provisions of Section 94 of the Environmental Planning & Assessment Act 1979. iv) Council’s administration expenses are met with respect to the processing of the application.
Original condition 18
18.. Kerb and gutter and road construction with asphaltic concrete wearing surface of all proposed roads, together with all necessary stormwater drainage and infrastructure facilities, shall be provided in accordance with Council’s Manual of Engineering Standards. Road 1, from lot 63 to lot 88 shall have an alignment of 4.5-9.0-4.5 metres. Road 7 shall have an ultimate alignment of 4.5-9.0-4.5 metres and shall provide a minimum interim pavement width of 6m, with an adjacent table drain at the property boundary.
Amended condition 18
18.. Kerb and gutter and road construction with asphaltic concrete wearing surface of all proposed roads, together with all necessary stormwater drainage and infrastructure facilities, shall be provided in accordance with Council’s Manual of Engineering Standards. Road 1, from lot 64/65 to the eastern boundary of lot 104 shall have an alignment of 4.5-9.0-4.5 metres.
Original condition 19
19.. An RTA type ‘AUR’ intersection treatment, including a deceleration ‘left-turn’ lane in Dunmore Road, at its junction with Road 1, shall be provided in accordance with Council’s manual of Engineering Standards. The existing stormwater conduit in Dunmore Road shall be assessed for its structural integrity and adequacy as part of the engineering design for the works.
Amended condition 19
19. An Austroads type “BAR/BAL’ intersection treatment providing repectively a 7m width (of through-lane plus sealed shoulder) in Dunmore Road, at its junction with Road 1, shall be provided in accordance with Council’s manual of Engineering Standards. The existing stormwater conduit in Dunmore Road shall be assessed for its structural integrity and adequacy as part of the engineering design for the works.
Original condition 21
21. A pedestrian path 1.5m wide shall be provided along Roads 1,7,4 and 3 (east of Road 4) in accordance with Council’s Manual of Engineering Standards.
Amended condition 21
21. A pedestrian path 1.5m wide shall be provided along Roads 1,6,4 and 3 (east of Road 4) in accordance with Council’s Manual of Engineering Standards.
Original condition 22
22.. A concrete driveway within the ‘handle’ of ‘battle-axe’ lots 59, 67, 70, 74, 75, 97, 98, 6&7 shall be provided in accordance with Council’s Manual of Engineering Standards.
Page (125) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 09-2588 PROPOSED S96 MODIFICATION TO APPROVED 121 LOT RESIDENTIAL SUBDIVISION - LOTS 1 & 9 DP32519, 546 PATERSON ROAD, BOLWARRA HEIGHTS (Cont.) Amended condition 22
22. A concrete driveway within the ‘handle’ of ‘battle-axe’ lots 70, 74, 75, 97, 98 & 6 shall be provided in accordance with Council’s Manual of Engineering Standards.
Original condition 23
23. Vehicle turning heads shall be provided at the southern end of Road 4 and in Road 7.
Amended condition 23
23. As required by staged construction, vehicle turning heads shall be provided at the southern end of Roads 1, 4 and 6.
Original condition 36
36.. A positive covenant on the title of lots 7 to 14 inclusive, under Section 88BA of the Conveyancing Act, shall be created to give effect to an ongoing programme of maintenance by the owners of that lot, of the Asset Protection Zone 10 metres wide in accordance with the requirements of the Rural Fire Service.
Amended condition 36
36. A positive covenant on the title of lots 6 to 13 inclusive, under Section 88BA of the Conveyancing Act, shall be created to give effect to an ongoing programme of maintenance by the owners of that lot, of the Asset Protection Zone 10 metres wide in accordance with the requirements of the Rural Fire Service.
Page (126) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 09-2588 PROPOSED S96 MODIFICATION TO APPROVED 121 LOT RESIDENTIAL SUBDIVISION - LOTS 1 & 9 DP32519, 546 PATERSON ROAD, BOLWARRA HEIGHTS (Cont.)
Service Planning and Regulation Reports
DA 09-2588 PROPOSED S96 MODIFICATION TO APPROVED 121 LOT RESIDENTIAL SUBDIVISION - LOTS 1 & 9 DP32519, 546 PATERSON ROAD, BOLWARRA HEIGHTS
Locality Plan
Meeting Date: 8 March 2011
Attachment No: 1
Number of Pages: 1
Page (127) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 09-2588 PROPOSED S96 MODIFICATION TO APPROVED 121 LOT RESIDENTIAL SUBDIVISION - LOTS 1 & 9 DP32519, 546 PATERSON ROAD, BOLWARRA HEIGHTS (Cont.)
Page (128) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 09-2588 PROPOSED S96 MODIFICATION TO APPROVED 121 LOT RESIDENTIAL SUBDIVISION - LOTS 1 & 9 DP32519, 546 PATERSON ROAD, BOLWARRA HEIGHTS (Cont.)
Service Planning and Regulation Reports
DA 09-2588 PROPOSED S96 MODIFICATION TO APPROVED 121 LOT RESIDENTIAL SUBDIVISION - LOTS 1 & 9 DP32519, 546 PATERSON ROAD, BOLWARRA HEIGHTS
Existing Approved Subdivision Plan
Meeting Date: 8 March 2011
Attachment No: 2
Number of Pages: 1
Page (129) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 09-2588 PROPOSED S96 MODIFICATION TO APPROVED 121 LOT RESIDENTIAL SUBDIVISION - LOTS 1 & 9 DP32519, 546 PATERSON ROAD, BOLWARRA HEIGHTS (Cont.)
Page (130) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 09-2588 PROPOSED S96 MODIFICATION TO APPROVED 121 LOT RESIDENTIAL SUBDIVISION - LOTS 1 & 9 DP32519, 546 PATERSON ROAD, BOLWARRA HEIGHTS (Cont.)
Service Planning and Regulation Reports
DA 09-2588 PROPOSED S96 MODIFICATION TO APPROVED 121 LOT RESIDENTIAL SUBDIVISION - LOTS 1 & 9 DP32519, 546 PATERSON ROAD, BOLWARRA HEIGHTS
Proposed Amended Subdivision Plan
Meeting Date: 8 March 2011
Attachment No: 3
Number of Pages: 1
Page (131) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 09-2588 PROPOSED S96 MODIFICATION TO APPROVED 121 LOT RESIDENTIAL SUBDIVISION - LOTS 1 & 9 DP32519, 546 PATERSON ROAD, BOLWARRA HEIGHTS (Cont.)
Page (132) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 09-2588 PROPOSED S96 MODIFICATION TO APPROVED 121 LOT RESIDENTIAL SUBDIVISION - LOTS 1 & 9 DP32519, 546 PATERSON ROAD, BOLWARRA HEIGHTS (Cont.)
Service Planning and Regulation Reports
DA 09-2588 PROPOSED S96 MODIFICATION TO APPROVED 121 LOT RESIDENTIAL SUBDIVISION - LOTS 1 & 9 DP32519, 546 PATERSON ROAD, BOLWARRA HEIGHTS
Submission
Meeting Date: 8 March 2011
Attachment No: 4
Number of Pages: 1
Page (133) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 09-2588 PROPOSED S96 MODIFICATION TO APPROVED 121 LOT RESIDENTIAL SUBDIVISION - LOTS 1 & 9 DP32519, 546 PATERSON ROAD, BOLWARRA HEIGHTS (Cont.)
Page (134) ORDINARY MEETING AGENDA 8 MARCH 2011
10.5 DA 11-16 PROPOSED TWO STOREY DWELLING - LOT 12 DP1123421, 4 CORNER CLOSE, EAST MAITLAND
File No: DA 11-16 Attachments: 1. Locality Plan 2. Development Plans 3. Submission Responsible Officer: Bernie Mortomore - Group Manager Service Planning & Regulation David Simm - Manager Development & Environment Murray Freeman - Senior Health & Building Surveyor Author: Gavan Leary - Health & Building Surveyor
Applicant: Allcastle Homes Pty ltd Owner: S. A. McKay Proposal: Two Storey Dwelling Location: Lot 12, DP1123421, No. 4 Corner Close, East Maitland Zone: 2(a) Residential
EXECUTIVE SUMMARY
Development consent is sought for a two storey dwelling at 4 Corner Close, East Maitland. The land is zoned Residential 2(a) and the proposed development is permissible with consent.
The application was notified and one submission was received that raised concerns relating to height, bulk and scale of the building, impact on privacy and the appearance and use of a shed.
The objection has been considered and the issues raised are not considered significant enough to warrant modification or refusal of the application.
The application has been assessed against the requirements of Section 79C of the Environmental Planning & Assessment Act, 1979 and is considered satisfactory. Accordingly, it is recommended the application be approved subject to conditions.
OFFICER’S RECOMMENDATION
THAT Development Application 2011-16 for a two storey dwelling at Lot 12, DP1123421, No. 4 Corner Close, East Maitland be approved subject to the conditions of consent in the attached schedule.
INTRODUCTION
The proposal has been put before the elected Council for determination due to the receipt of a submission through the notification process.
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DA 11-16 PROPOSED TWO STOREY DWELLING - LOT 12 DP1123421, 4 CORNER CLOSE, EAST MAITLAND (Cont.) BACKGROUND / SITE DESCRIPTION
The site is located at 4 Corner Close, East Maitland, in a new release residential subdivision. The allotment is cleared of vegetation and slopes from front to rear with approximately two (2) metres of fall over the length of the block.
PROPOSAL
The application is for construction of a two storey dwelling with brick veneer and weather board cladding, and a tiled roof. The dwelling will have a front building line setback of 5.0 metres, a setback to the north-eastern side boundary of 5.2 metres and 1.7 metres to the south-western side boundary.
PLANNING ASSESSMENT
The proposal has been assessed under the relevant matters for consideration detailed in Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as follows:
Section 79C(1)(a)(i) provisions of any environmental planning instrument Local Environmental Plan
The subject land is zoned 2(a) Residential under Maitland Local Environmental Plan 1993. The proposed development is defined under the LEP as ‘dwelling’ which is a permissible land use in the zone with Council consent. The proposal is considered to be consistent with the zone objectives.
State Environmental Planning Policies
No SEPPs are relevant to this application.
Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition
The draft 2011 Maitland Local Environmental Plan has finished public exhibition, and is a matter for consideration under the Act. The site is zoned R1 – General Residential and a dwelling is a permissible use in the zone with consent.
Section 79C(1)(a)(iii) any development control plan
The following Development Control Plan chapters apply to this application:
Maitland City Wide DCP Chapter – Residential Design
The development as submitted to Council complies with the requirements of the Residential Design DCP with the exception of the side boundary setback to the north-eastern boundary. The side boundary setback has to increase from 1.5 metres to 1.7 metres to comply. The applicant has subsequently agreed to amend this side boundary setback to comply with the Residential Design DCP. The plans have been amended to reflect this change.
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DA 11-16 PROPOSED TWO STOREY DWELLING - LOT 12 DP1123421, 4 CORNER CLOSE, EAST MAITLAND (Cont.) Maitland City Wide DCP Chapter – Advertisement/Notification of Development Applications
The application was advertised and notified in accordance with Councils Advertising/Notification DCP with one submission received. The submission raises objections concerning bulk and scale, stormwater drainage, approval of a detached garage and privacy. The issues raised are discussed within Section 79C(1)(d) of this report.
Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph)
There are no relevant regulations prescribed in relation to this proposal.
Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality
The development will have minimal impact on the natural or built environments. The dwelling will be located on land that has been zoned for residential development. No clearing of vegetation will be required. No significant impact on the built environment is expected with the design of the dwelling complying with Council requirements.
Construction of the dwelling will have positive social and economic impact on the area by providing housing on suitably zoned and developed land.
Section 79C(1)(c) the suitability of the site for the development
The proposed site is suitable for the development with all appropriate infrastructure available and the site topography permitting standard construction techniques with minimal cut and filling of the site.
Section 79C(1)(d) any submissions made in accordance with this act or the regulations
The application was notified in accordance with Council’s Advertisement/Notification of Development Applications and one submission was received. The main issues raised by the objectors are summarised below and comment provided:
1. The home would be the only two storey dwelling in the area and will not blend in with the surrounding homes
Comment:
Council does not have any prohibition on the erection of two storey dwellings within the local government area. Two storey dwellings are an accepted type and style of construction within residential zones. The fact that it is the first two storey dwelling to be proposed in the estate is not sufficient reason to refuse the application.
Page (137) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 11-16 PROPOSED TWO STOREY DWELLING - LOT 12 DP1123421, 4 CORNER CLOSE, EAST MAITLAND (Cont.)
2. The estate currently has a country feel with homestead and traditional homes being erected.
Comment:
The style of dwellings within the estate has not been restricted by Council policy or development control plans and subsequently no restrictions exist that would justify refusing the development application. Dwellings currently approved within the estate include standard project homes from major builders.
3. The home does not have an attached garage and is a box shaped design and will therefore look odd.
Comment:
The bulk, height and scale of the dwelling is within standard two storey dwelling dimensions. Two storey dwellings will usually be of a box or rectangular shape due to construction methods used, with load bearing external walls and trussed roofs. The design complies with Council’s DCP - Residential Design chapter.
4. Details of what the triple garage will be constructed of and its proposed use have not been provided.
Comment:
The shed marked on the site plan has been drawn for information purposes only. The application is for a dwelling only, no other structures are included as part of the consent. The applicant has confirmed this with Council and an advice note will be placed on any development consent issued. Any future shed will be subject to an approval via a separate Development Application.
5. Details of what the driveway to the garage will be constructed of have not been provided and what provision for drainage will be made to prevent stormwater runoff.
Comment:
As per point 4, the shed does not form part of the application and any future proposal will be subject to separate consent.
6. The upper windows on the north-east wall of the dwelling will reduce the level of privacy to bedrooms in their dwelling.
Comment:
The upper windows on the north-east wall of the proposed dwelling serve a stairway, bathroom and toilet. Occupation or use of these areas is for limited times and the privacy needs for occupants of the bathroom and toilet is high. It is considered that the proposed dwelling will not have a significant impact on the privacy of the adjoining property.
Page (138) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 11-16 PROPOSED TWO STOREY DWELLING - LOT 12 DP1123421, 4 CORNER CLOSE, EAST MAITLAND (Cont.) It is considered that the issues raised are not sufficient to warrant refusal or modification of the application.
Section 79C(1)(e) the public interest
The proposal is in the public interest as it provides housing that complies with Council’s requirements on land that is appropriately zoned and developed.
Issue Comment FINANCIAL IMPLICATIONS
This matter has no direct financial impact upon Council’s adopted budget or forward estimates.
POLICY IMPLICATIONS
This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS
Statutory implications relating to assessment of the subject application have been addressed in the body of the report
CONCLUSION
An assessment of the application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as amended. The proposed development is considered satisfactory in terms of the relevant matters for consideration under the Act and the development application is recommended for approval.
Page (139) ORDINARY MEETING AGENDA 8 MARCH 2011
DA 11-16 PROPOSED TWO STOREY DWELLING - LOT 12 DP1123421, 4 CORNER CLOSE, EAST MAITLAND (Cont.) SCHEDULE OF CONDITIONS
Reason for Condition(s) The following condition(s) have been applied to the development, subject of this consent, to ensure that the development meets the requirements of the NSW Environmental Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment Regulation 2000, and the various policies and development controls of Maitland City Council and other government agencies relevant to the development being undertaken.
APPROVED PLANS AND DOCUMENTATION
1. The development shall be carried out in accordance with the stamped approved plans, documentation and any amendments arising through conditions to this consent or as shown in red colour on the plans.
2. A Construction Certificate is to be obtained prior to commencing construction works.
3. 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.
4. The building, or any portion of the building, shall not be occupied until an Occupation Certificate has been issued.
5. All building work must be carried out in accordance with the provisions of the Building Code of Australia.
6. (1) Building work that involves residential building work (within the meaning of the Home Building Act, 1989) must not be carried out unless the principal certifying authority for the development to which the work relates has provided Council with written notice of the following information: (a) in the case of work to be done by a licensee under that Act: (i) the licensee’s name and contractor licence number, and (ii) of the name of the insurer by which the work is insured under Part 6 of that Act, or (b) in the case of work to be done by any other person: (i) the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.
(2) A certificate purporting to be issued by an approved insurer under Part 6 of the Home Building Act, 1989, that states that a person is the holder of an insurance policy issued for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that part.
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DA 11-16 PROPOSED TWO STOREY DWELLING - LOT 12 DP1123421, 4 CORNER CLOSE, EAST MAITLAND (Cont.) STORMWATER DRAINAGE
Reason for Conditions The objectives of the following condition is to ensure that a building is designed and constructed so that it and stormwater is controlled and disposed of in a manner that does not cause damage or nuisance to surrounding properties.
7. Final discharge of collected stormwater runoff shall be piped, in accordance with Council’s Manual of Engineering Standards (section 12.4.3), to the existing site drainage system, or the street gutter with a “kerb adaptor” (Standard Drawing SD036), or in an alternative manner as approved by Council Stormwater pipes across the footway shall be “100mm sewer grade” and shall be under-bored beneath any existing concrete path.
SITE CONSIDERATIONS
Reason for Conditions The objectives of the following conditions are to provide for a safe and healthy environment for the occupants of the allotment and to maintain an adequate level of safety and cleanliness for the local environment.
8. 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.
9. 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 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 the PCA before works commence. 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.
10. 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 having benefit of the development consent: i) Must preserve and protect the building from damage, and ii) If necessary, must underpin and support the building in an approved manner, and 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).
11. 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 unauthorised entry to
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DA 11-16 PROPOSED TWO STOREY DWELLING - LOT 12 DP1123421, 4 CORNER CLOSE, EAST MAITLAND (Cont.) 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.
12. Approved toilet facilities are to be provided, at or in the vicinity of the work site on which the work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. The provision of toilet facilities in accordance with this Clause must be completed before any other work is commenced.
13. 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.
14. The site is to be cleared of all building refuse and spoil immediately after completion of the building.
15. No building materials, refuse or spoil are to be deposited, or be allowed to remain, on Council’s footpath.
16. 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.
17. 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”.
VEHICLE ACCESS
Reason for Conditions The objectives of the following condition(s) are to ensure that the surrounding road system, footpaths, access/egress and internal parking and manoeuvring areas are designed and constructed to a standard adequate to service the proposed development
18. Prior to issue of the Final Occupation Certificate the driveway layout and profile, shall be constructed in accordance with Council’s Manual of Engineering Standards, drawings SD007, SD008, SD009, SD010 & SD012, (SD013, SD014 & SD015 for rural and heritage areas) which includes the retention of (or if damaged reconstruction as plain concrete of) any existing footpath (with reference to Council’s information document “Footway Crossings – Driveways”).
19. Prior to commencement of construction of the driveway crossing on the public footway verge, the works shall have been approved by Council. An application form, “Application To Construct Private Works On Footway” shall be submitted to Council, together with the appropriate fee (for each driveway).
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DA 11-16 PROPOSED TWO STOREY DWELLING - LOT 12 DP1123421, 4 CORNER CLOSE, EAST MAITLAND (Cont.) SCHEDULE OF ADVICE
The following advices are limited in scope and should not be understood to encompass all areas of responsibility of the consent holder, relating to the development.
A The owner should note 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.
B You are advised that any damage to the existing street infrastructure (including landscaping) at the property frontage resulting from construction of your development must be repaired to Council’s standards. Where repairs are carried out by Council, the person responsible for the damage shall be held liable for the cost of those repairs.
C You are advised that for the driveway works on the footway verge, inspection by Council is required (eg formwork & reinforcement). Where a footpath exist across the driveway, the path must remain undisturbed, or if damaged or inadequate, replaced with a plain concrete finish. See Council’s “Application To Construct Private Works On Footway”). You should contact Council (ph. 49 34 9700), giving at least 24 hours notice for inspections.
D You are advised that where underground works within the public road are required or necessary for supply of services (such as water, sewer, electricity, gas), further consent for a “Road Opening” must be obtained from Council. All road pavement crossings are to be under-bored.
E You are advised that where building activity cannot avoid occupation of the public road reserve, (such as, for the erection of hoarding, scaffolding, partial closure) the responsible person must gain separate approval from Council for the occupation.
F Standard Drawings referred to in this consent may be obtained on Council’s website within the document “Manual of Engineering Standards”. Note that drawings on the website are revised from time to time.
G The applicant is advised that the shed does not form part of this development consent and that separate development consent for the shed is required.
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DA 11-16 PROPOSED TWO STOREY DWELLING - LOT 12 DP1123421, 4 CORNER CLOSE, EAST MAITLAND (Cont.)
Service Planning and Regulation Reports
DA 11-16 PROPOSED TWO STOREY DWELLING - LOT 12 DP1123421, 4 CORNER CLOSE, EAST MAITLAND
Locality Plan
Meeting Date: 8 March 2011
Attachment No: 1
Number of Pages: 1
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DA 11-16 PROPOSED TWO STOREY DWELLING - LOT 12 DP1123421, 4 CORNER CLOSE, EAST MAITLAND (Cont.)
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DA 11-16 PROPOSED TWO STOREY DWELLING - LOT 12 DP1123421, 4 CORNER CLOSE, EAST MAITLAND (Cont.)
Service Planning and Regulation Reports
DA 11-16 PROPOSED TWO STOREY DWELLING - LOT 12 DP1123421, 4 CORNER CLOSE, EAST MAITLAND
Development Plans
Meeting Date: 8 March 2011
Attachment No: 2
Number of Pages: 4
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DA 11-16 PROPOSED TWO STOREY DWELLING - LOT 12 DP1123421, 4 CORNER CLOSE, EAST MAITLAND (Cont.)
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DA 11-16 PROPOSED TWO STOREY DWELLING - LOT 12 DP1123421, 4 CORNER CLOSE, EAST MAITLAND (Cont.)
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DA 11-16 PROPOSED TWO STOREY DWELLING - LOT 12 DP1123421, 4 CORNER CLOSE, EAST MAITLAND (Cont.)
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DA 11-16 PROPOSED TWO STOREY DWELLING - LOT 12 DP1123421, 4 CORNER CLOSE, EAST MAITLAND (Cont.)
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DA 11-16 PROPOSED TWO STOREY DWELLING - LOT 12 DP1123421, 4 CORNER CLOSE, EAST MAITLAND (Cont.)
Service Planning and Regulation Reports
DA 11-16 PROPOSED TWO STOREY DWELLING - LOT 12 DP1123421, 4 CORNER CLOSE, EAST MAITLAND
Submission
Meeting Date: 8 March 2011
Attachment No: 3
Number of Pages: 2
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DA 11-16 PROPOSED TWO STOREY DWELLING - LOT 12 DP1123421, 4 CORNER CLOSE, EAST MAITLAND (Cont.)
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DA 11-16 PROPOSED TWO STOREY DWELLING - LOT 12 DP1123421, 4 CORNER CLOSE, EAST MAITLAND (Cont.)
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10.6 REZONING OF LOCHINVAR URBAN RELEASE AREA
File No: RZ08002 Attachments: 1. Planning Proposal (Under Separate Cover) 2. Gateway Determination 3. Submissions (Under Separate Cover) 4. Response to Submissions 5. Amended Draft LEP Map Responsible Officer: Bernie Mortomore - Group Manager Service Planning & Regulation Monica Gibson - Manager City Strategy Author: Josh Ford - Strategic Town Planner
EXECUTIVE SUMMARY
On 27 July 2010 Council resolved to submit a planning proposal to the Department of Planning, seeking an amendment to the Maitland LEP 1993 for land known as the Lochinvar Urban Release Area. The purpose of the planning proposal was to rezone certain rural land to urban purposes, and to amend the Maitland LEP 1993 accordingly. The planning proposal is included in this report under Attachment 1.
The Department of Planning made a Gateway determination in accordance with Section 56 of the Environmental Planning & Assessment Act, 1979. The Gateway determination stated that the planning proposal was to be exhibited for a minimum period of twenty-eight (28) days, in accordance with the provisions of Section 57 of the Environmental Planning and Assessment Act, 1979.
The Council resolution from 27 July 2010 stated that a further report would be presented to Council following the public consultation process. The purpose of this report is to provide a summary of the submissions received during the exhibition period and to identify any issues raised from the community consultation process.
The predominant issues raised in the submissions received during the consultation process related to (i) concerns over infrastructure delivery to the site and the capabilities of infrastructure and services to accommodate an increasing population within the locality, (ii) noise, vibration and dust/pollution impacts from construction and operational movements associated with the Maitland to Minimbah Third Rail Track project, (iii) the application of environmental zones and possible impacts on flora and fauna within the site, and (iv) requests for the inclusion of additional land as part of the rezoning.
OFFICER’S RECOMMENDATION
THAT
1. In accordance with Section 57 & 58 of the Environmental Planning & Assessment Act 1979, Council consider the submissions received during the exhibition period, and make the recommended minor changes to the proposed LEP amendment.
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REZONING OF LOCHINVAR URBAN RELEASE AREA (Cont.) 2. In accordance with section 59 of the Environmental Planning & Assessment Act 1979, Council submit the planning proposal to the Department of Planning requesting that the Minister make the LEP.
Background The proposal involves rezoning land that is currently zoned for rural purposes to residential, business, public recreation and environmental protection zones, and amending the Maitland Local Environmental Plan 1993 accordingly. On 27 July 2010 Council resolved to submit a planning proposal to the Department of Planning, seeking an amendment to the Maitland LEP 1993 for the abovementioned purpose. A Gateway determination was processed by the Department of Planning on 24 September 2010, permitting public exhibition of the planning proposal in accordance with Section 57 of the Environmental Planning and Assessment Act, 1979. The Gateway determination is annexed to this report as Attachment 2.
Policy Context As previously reported to Council, the proposal is consistent with the Lower Hunter Regional Strategy 2006, the Maitland Urban Settlement Strategy 2008 and the Lochinvar Structure Plan 2007.
The proposal to rezone the Lochinvar Urban Release Area was initiated before the preparation of the Draft Maitland LEP 2011. The rezoning process for the Lochinvar URA has continued in parallel with the preparation of the comprehensive Draft Maitland LEP 2011. The Draft LEP for the Lochinvar URA will amend either the operational Maitland LEP 1993 or the proposed Maitland LEP 2011, dependent on timing of gazettal of the Draft LEP for the Lochinvar URA. Given the Draft LEP for the Lochinvar URA has been prepared in parallel with the Draft Maitland LEP 2011, the exhibition of the Draft Maitland LEP 2011 did not include the proposed zones identified in the Draft LEP for the Lochinvar URA. This is because the land had not been rezoned and the LEP has not yet been gazetted. In other words, the Draft Maitland LEP 2011 had to show a comparative zone to that currently shown under the Maitland LEP 1993 since it could not be assumed that the land would be rezoned. Furthermore, as part of exhibition process Council provided explanatory mapping to demonstrate the zoning changes proposed should the Draft LEP for the Lochinvar URA proceed as an amendment under the proposed Maitland LEP 2011, or should the amendment need to be converted from the Maitland LEP 1993 to the proposed Maitland LEP 2011 if it is gazetted as an amendment to the Maitland LEP 1993.
The majority of the site has been proposed as RU2 Rural Landscape zone under the Draft Maitland LEP 2011, with equivalent zones attributed to existing public recreation and residential areas (apart from the Freeman Drive precinct – to be zoned R5 Large Lot Residential zone) under the draft MLEP 2011. While the current proposal to rezone the land to 2(a) Residential, 3(a) General Business, 6(a) Public Recreation and 7(c) Environmental Protection General zones under the Maitland LEP 1993 differs from the proposed zoning of the land under the Draft Maitland LEP 2011, the proposal represents a higher order use of the site and will also result in improved environmental protection for the site, as well as opportunities for convenience shopping for local residents and additional public recreation land. It should be noted that the proposed zones identified in the Draft Maitland LEP 2011
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REZONING OF LOCHINVAR URBAN RELEASE AREA (Cont.) were selected largely on the basis that if the rezoning proposal currently before Council did not proceed as an amendment to the MLEP 1993, the zoning under the draft MLEP 2011 would appropriately reflect the opportunities and constraints associated with the site (i.e. localised flooding from Lochinvar Creek, Endangered Ecological Communities, bushfire, visual amenity etc).
Consultation The Department of Planning processed a Gateway determination on 24 September 2010 which outlined the requirements for community consultation associated with this proposal. The Department stipulated a minimum exhibition period of 28 days for the proposal. Each public authority was to be given at least 21 days to comment on the proposal. The Gateway determination stated that consultation was required with the following public authorities:
• Aboriginal Land Council • Area Health Services • Department of Education and Training • Department of Environment, Climate Change and Water • Department of Primary Industry (Agriculture) • Department of Primary Industry (Mining) • Energy Australia • Hunter Water Corporation • NSW Fire Brigades • NSW Rural Fire Service • Rail Corporation of NSW • Roads and Traffic Authority • State Emergency Service • State Rail • State Transit Authority of NSW • Telstra
Letters were sent to each of these agencies requesting comments by 26th November 2010. Not all the above listed agencies responded to Council’s notification, however comments from those agencies that did respond have been included under Attachment 3. It should be noted that when agencies are consulted, they are only required to respond to Council if they have any issues with the proposal.
Submissions Copies of each of the public and government agency submissions received during the exhibition period are attached to this report under Attachment 3. A detailed response has been tabled in relation to the points raised in each submission, which is included under Attachment 4.
Variations to Planning Proposal Some minor variations are proposed to be made to the subject planning proposal as a result of the submissions received. Following review of submissions received during the exhibition period, Council has amended the planning proposal by:
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REZONING OF LOCHINVAR URBAN RELEASE AREA (Cont.) Rectifying an anomaly in the south-eastern portion of the site (specifically Lot 311 DP1135580) so that the zoning boundary aligns with the cadastral boundary; Rectifying an anomaly in the application of the 7(c) Environmental Protection General zone immediately north of Cow Hill Road (upon Lot 311 DP1135580) by zoning the small cleared area of this portion of land 2(a) Residential; Applying the 7(c) Environmental Protection General zone to identified Endangered Ecological Communities (EECs) north and south of Cow Hill Road, specifically upon Lots 1308 and 1309 DP1141533 and Lot 311 DP1135580; and Applying the 7(c) Environmental Protection General zone to a portion of Lot 201 DP1111493 (St Helena), for the purpose of protecting identified Endangered Ecological Communities (EECs) and riparian land within 40m of two nominated watercourses. This approach is consistent with the current 7(b) Environmental Protection Buffer zoning for this portion of the site, and the provisions of the Citywide DCP Chapter - St Helena Village Lochinvar.
As a result of land acquisition associated with the recent Maitland to Minimbah Third Track approval issued by the Department of Planning, the southern boundary of the site has been amended to meet cadastral boundaries instead of the zoning boundary. This represents a minor change and has only been addressed since cadastral information became available following land acquisition by ARTC.
The amended Draft LEP map is included under Attachment 5 to this report.
Subsequent Gateway Planning Steps If Council resolves to forward the planning proposal to the Minister requesting that the plan be made, the next step is for the Director-General of the Department of Planning to make arrangements for the drafting of the LEP. The Gateway determination identifies the timeframe for completing the LEP is 12 months from the week following the date of the Gateway determination. The Gateway determination was issued on the 24 September 2010. The Minister can take action under section 54(2)(d) of the Environmental Planning and Assessment Act, 1979 if the LEP is not made by this time.
As outlined under Section 56(2)(e) of the Environmental Planning and Assessment Act, 1979, the proposal does not trigger any requirements for a public hearing.
CONCLUSION The information included in the government agency and public submissions received during the exhibition period assisted in Council’s decision to make some minor variations to the rezoning proposal. No government agencies objected to the proposal. The rezoning of the subject land will assist in meeting the Department of Planning’s targets for residential dwelling projections by 2031, as outlined under the LHRS 2006. The Lochinvar URA is identified as a Category 1 investigation area under the MUSS 2008, therefore the proposal to rezone the site to urban purposes is consistent with Council’s adopted urban land use strategy. The MUSS 2008 has been endorsed by the Department of Planning. Environmental studies prepared for the rezoning demonstrate that the relevant portion of the site is suitable for rezoning to accommodate residential development in the future. Furthermore, the rezoning will
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REZONING OF LOCHINVAR URBAN RELEASE AREA (Cont.) provide greater protection for EECs that exist within the site, and in the long term, may improve linkages between the site and rural land further south.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
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REZONING OF LOCHINVAR URBAN RELEASE AREA (Cont.)
Service Planning and Regulation Reports
REZONING OF LOCHINVAR URBAN RELEASE AREA
Gateway Determination
Meeting Date: 8 March 2011
Attachment No: 2
Number of Pages: 3
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REZONING OF LOCHINVAR URBAN RELEASE AREA (Cont.)
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REZONING OF LOCHINVAR URBAN RELEASE AREA (Cont.)
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REZONING OF LOCHINVAR URBAN RELEASE AREA (Cont.)
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REZONING OF LOCHINVAR URBAN RELEASE AREA (Cont.)
Service Planning and Regulation Reports
REZONING OF LOCHINVAR URBAN RELEASE AREA
Response to Submissions
Meeting Date: 8 March 2011
Attachment No: 4
Number of Pages: 26
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REZONING OF LOCHINVAR URBAN RELEASE AREA (Cont.)
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REZONING OF LOCHINVAR URBAN RELEASE AREA (Cont.)
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REZONING OF LOCHINVAR URBAN RELEASE AREA (Cont.)
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REZONING OF LOCHINVAR URBAN RELEASE AREA (Cont.)
Service Planning and Regulation Reports
REZONING OF LOCHINVAR URBAN RELEASE AREA
Amended Draft LEP Map
Meeting Date: 8 March 2011
Attachment No: 5
Number of Pages: 2
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REZONING OF LOCHINVAR URBAN RELEASE AREA (Cont.)
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11 ASSETS AND INFRASTRUCTURE PLANNING REPORTS
11.1 LONG BRIDGE MAINTENANCE AND FUNDING RESPONSIBILITY
File No: 122/940/3 Attachments: 1. MCC Correspondence to RTA 2. Member for Maitland Response April 2010 3. Member for Roads Response to Member for Maitland December 2010 Responsible Officer: Chris James - Group Manager Assets and Infrastructure Planning Author: Chris McGrath - Manager Assets
EXECUTIVE SUMMARY
This report provides information and recommendation regarding the response from the RTA and the Local Member on the responsibility for maintenance and funding of works on the Long Bridge. Council wrote to the local member and the RTA in accordance with Councils resolutions made on 23 March 2010.
On 6 December 2010, Council received a response from Mr Frank Terenzini with an accompanying letter from Mr Borger, the Minister for Roads. The Minister advises that the bridge was part of the handover of regional road responsibilities in 1994 and as such is the responsibility of Council.
Council appreciates the response from the Local Member, however, the Minister’s letter does not provide comment on the issues raised in Councils correspondence to the RTA.
To date, Council has not received a formal response from the RTA to Councils request for a meeting to discuss the issue. The submission to the RTA stating Councils position together with detailed supporting documentation and comment warrants a response.
It is recommended that a meeting be held with the RTA regarding the matters raised by Council.
OFFICER’S RECOMMENDATION
THAT Council seek a meeting with the Roads and Traffic Authority (RTA) regarding • the responsibility for funding the care and maintenance of the Long Bridge, • the recommendations contained in the Long Bridge – Maitland Flood Stability Structural assessment, and • Councils submission to the RTA stating Councils position with respect to the Long Bridge.
REPORT The purpose of this report is to update Council on the matter of the responsibility for the Long Bridge, Maitland.
Page (193) ORDINARY MEETING AGENDA 8 MARCH 2011
LONG BRIDGE MAINTENANCE AND FUNDING RESPONSIBILITY (Cont.) Council at its meeting on the 23 March 2010 resolved that:
1. Council seek confirmation from the Roads and Traffic Authority (RTA) that the Authority is responsible for funding the care and maintenance of the Long Bridge; 2. Council request that the RTA comment on the submitted report and include the works in a RTA works program; 3. Council write to the local member seeking his support for Council’s position on this matter.
A copy of Councils correspondence to the RTA is attached. This correspondence was also included in the representations to the Local Member.
On the 26 April 2010, Council received a response from the Local Member, Mr Frank Terenzini, outlining that the RTA will contact Council to discuss the issue. A copy of this letter is attached.
On the 6 December 2010, Council received a further response from Mr Frank Terenzini with an accompanying letter from Mr Borger, the Minister of Roads. A copy of this letter is attached. The Minister advises that the bridge was part of the handover of regional road responsibilities in 1994 and as such is the responsibility of Council.
Council appreciates the response from the local member, however the Ministers letter does not provide comment on the issues raised in Councils correspondence to the RTA.
To date, Council has not received a formal response from the RTA to Councils request for a meeting to discuss the issue. The submission to the RTA stating Councils position together with detailed supporting documentation and comment warrants a response.
CONCLUSION The impact on Council’s budget will be significant if it is required to fund the ongoing maintenance, refurbishment, and eventual replacement of the Long Bridge. It has always been Councils understanding that its care and maintenance are fully funded by the RTA. The documentation reported to Council and forwarded to the RTA supports this view.
It is considered that meeting with the RTA to discuss all the issues would be beneficial to both parties.
FINANCIAL IMPLICATIONS This matter has the potential to have a significant financial impact upon Council's adopted budget and forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
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LONG BRIDGE MAINTENANCE AND FUNDING RESPONSIBILITY (Cont.)
Assets and Infrastructure Planning Reports
LONG BRIDGE MAINTENANCE AND FUNDING RESPONSIBILITY
MCC Correspondence to RTA
Meeting Date: 8 March 2011
Attachment No: 1
Number of Pages: 9
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LONG BRIDGE MAINTENANCE AND FUNDING RESPONSIBILITY (Cont.)
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LONG BRIDGE MAINTENANCE AND FUNDING RESPONSIBILITY (Cont.)
Assets and Infrastructure Planning Reports
LONG BRIDGE MAINTENANCE AND FUNDING RESPONSIBILITY
Member for Maitland Response April 2010
Meeting Date: 8 March 2011
Attachment No: 2
Number of Pages: 1
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LONG BRIDGE MAINTENANCE AND FUNDING RESPONSIBILITY (Cont.)
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Assets and Infrastructure Planning Reports
LONG BRIDGE MAINTENANCE AND FUNDING RESPONSIBILITY
Member for Roads Response to Member for Maitland December 2010
Meeting Date: 8 March 2011
Attachment No: 3
Number of Pages: 2
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LONG BRIDGE MAINTENANCE AND FUNDING RESPONSIBILITY (Cont.)
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11.2 ASSET MANAGEMENT POLICY
File No: 12/1 Attachments: 1. Asset Management Policy Responsible Officer: Chris James - Group Manager Assets and Infrastructure Planning Author: Chris James - Group Manager Assets and Infrastructure Planning
EXECUTIVE SUMMARY
Councils Asset Management Strategy is a key component of Maitland 2021. The Integrated Planning and Reporting Guidelines that form part of the Local Government Act state that: “The Asset Management Strategy must include a council endorsed Asset Management Policy.”
The corporate asset management policies which form part of the current adopted Asset Management Strategy need to be ‘lifted’ from the Asset Management Strategy as a formal policy position of Council.
The Asset Management Policy sets the broad framework and direction for undertaking asset management. It translates Councils broad strategic outcomes into a policy framework for the preparation of the asset management strategy and associated objectives, targets, and plans.
This report presents for Councils consideration and approval a policy that sets the broad framework and direction for undertaking Councils asset management planning and implementation.
OFFICER’S RECOMMENDATION
THAT Council adopt the Asset Management Policy 2011 as attached.
REPORT Council is in the process of implementing the NSW Government’s Integrated Planning and Reporting legislation culminating in a 10 year community strategic plan, Maitland 2021. A key component of the integrated plan is Councils Asset Management Strategy.
The purpose of this report is to present for Councils consideration and approval an Asset Management Policy that will formalise Councils position on and provide an overarching policy framework for Councils Asset planning.
BACKGROUND
The Integrated Planning and Reporting Guidelines that form part of the Local Government Act 1993 state that:
The Asset Management Strategy must include a council endorsed Asset Management Policy.
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ASSET MANAGEMENT POLICY (Cont.) In May 2006, Council adopted an Asset Management Strategy which referenced the asset policies set out in Councils Corporate Plan 2005-2008. These corporate asset management policies which form part of the current Asset Management Strategy are as follows:
• Council supplied infrastructure will be designed, constructed and maintained to ensure that the community’s needs for these services are met in an economically sustainable fashion
• Need for clearly defined asset management strategies and plans
• Ensure there is an integrated and multi-disciplined approach to asset maintenance
• Development of long-term financial strategies to ensure the maintenance of existing and new assets is sustainable
• Continued assessment and review of funding levels for routine maintenance programs
• Long term funding and maintenance implications of acquiring new assets.
This diverse list of asset management objectives and statements are very valid and have served to guide Council in its asset management planning, however, they have not been formally adopted in their own right as “adopted policy” of Council. It is appropriate that they now be reviewed and a specific policy adopted by Council.
POLICY REQUIREMENTS The Asset Management Policy sets the broad framework and direction for undertaking asset management. It translates Councils broad strategic outcomes into a policy framework for the preparation of the asset management strategy and associated objectives, targets, and plans. The policy outlines why and how asset management will be undertaken and defines key principles that underpin asset management for the Council.
The Division of Local Government Planning and Reporting Manual states that a Policy should:
• establish the goals and objectives for asset management in terms of providing a platform for service delivery
• integrate asset management with Councils strategic planning
• maximise value for money by adoption of life cycle costing, combined with performance measurement
• assign accountability and responsibility for service delivery together with asset management
• promote sustainability to protect the needs of future generations.
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ASSET MANAGEMENT POLICY (Cont.) ASSET MANAGEMENT POLICY It has been 5 years since Council adopted its first Asset Management Strategy. The principles that underpin the asset management planning process have not changed nor have the infrastructure issues facing Council. The fundamental change is that Council’s corporate planning is undertaken within the Integrated Planning and Reporting Framework. At its meeting of 22 February 2011, Council adopted its community strategic plan ‘Maitland 2021’ that provides a framework under which Council will develop and finalise its Delivery Program 2011-15 and annual Operational Plan 2011-12. Maitland 2021 presents a clearly defined vision and goal for the community with respect to asset management. The proposed asset policy that is the subject of this report reflects and supports Councils new adopted plan and its outcomes and strategies. The policy contains information on the organisational context and importance of asset management. The importance of asset management policies underpinning strategic goals and informed decision making are emphasised. It addresses areas such as sustainability, service delivery, asset life cycle, responsibilities, and relationships.
CONCLUSION The policy provides a clear direction for asset management and is an essential component of Councils resourcing strategy. The Asset Management Policy is presented to Council for consideration.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This report recommends the adoption of the Asset Management Policy 2011 which will become Councils adopted policy for implementing consistent asset management decisions throughout the organisation.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
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ASSET MANAGEMENT POLICY (Cont.)
Assets and Infrastructure Planning Reports
ASSET MANAGEMENT POLICY
Asset Management Policy
Meeting Date: 8 March 2011
Attachment No: 1
Number of Pages: 4
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ASSET MANAGEMENT POLICY (Cont.)
ASSET MANAGEMENT POLICY
Version: 1
Business Group: Assets & Infrastructure Planning
Responsible Officer: Group Manager Assets & Infrastructure Planning
Date Approved: TBA
Council Reference: Not less than four (4) years or considered within the first year of Policy Review Date: each newly elected Council File Number: 12/1
Policy History
Version Date Approved Description of Changes
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ASSET MANAGEMENT POLICY (Cont.)
Objectives
The Asset Management Policy articulates Council’s commitment to the responsible management of Council assets. It sets the direction and framework for the management of Council’s assets providing clear asset management objectives that will:
• integrate asset management with Council’s strategic planning • ensure there is an integrated and multi-disciplinary approach to asset management • enable the preparation of Council’s asset management strategy and plans • confirm and reinforce that sound asset management is fundamental to Council’s overall service delivery and resource planning • ensure that Councils services and infrastructure are provided in a sustainable manner with the appropriate levels of service to residents, visitors, and the environment • enable the development of long-term financial strategies to ensure the acquisition, maintenance, and disposal of assets is sustainable • ensure that the community’s priorities and vision are an integral part of the asset management planning process • create an environment where all Council employees have an integral role in the overall management of Council’s assets by creating and sustaining Asset Management awareness throughout the Council • maximise value for money spent through a ‘whole of life cost’ approach to asset management together with integrated performance measurement and improvement of asset management practices.
Scope
This policy applies to all physical assets owned or controlled by Council, assets which are critical to Council’s service delivery, and assets which are incorporated in the Community Strategic Plan and Delivery Program.
Relevant Legislation
Local Government 1993 Section 403 Resourcing Strategy requires:
(1) A council must have a long-term strategy (called its "resourcing strategy") for the provision of the resources required to implement the strategies established by the community strategic plan that the council is responsible for; (2) The resourcing strategy is to include long-term financial planning, workforce management planning, and asset management planning.
Under Section 406 of the Local Government Act 1993, Councils are required to comply with the Integrated Planning and Reporting Guidelines. The guidelines state in part that:
• each Council must prepare an Asset Management Strategy and Asset Management Plan/s to support the Community Strategic Plan and Delivery Program • the Asset Management Strategy must include a Council endorsed Asset Management Policy.
The Local Government Act 1993 provides a set of principles that are to guide Council in the carrying out of its functions. The charter specifically addresses asset management by stating in part that a Council is:
• to have regard to the long term and cumulative effects of its decisions
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ASSET MANAGEMENT POLICY (Cont.) • to bear in mind that it is the custodian and trustee of public assets and to effectively plan for, account for and manage the assets for which it is responsible • to engage in long-term strategic planning on behalf of the local community.
Related Policies/Procedures/Protocols
Community Strategic Plan ‘Maitland 2021’ adopted 22 February 2011 Maitland City Council Asset Management Strategy adopted May 2006, and as reviewed.
Definitions
Asset is a physical component of a facility which has value and enables services to be provided. For the purposes of this policy Council ‘assets’ include but are not limited to: • Buildings • Roads and associated infrastructure including footpaths, kerb & gutter, bridges, and car parks • Land • Stormwater infrastructure & drainage • Recreation facilities such as pools, playgrounds, sportsfields, and parks • Plant and equipment • Waste facilities and works depots.
Asset Management is the combination of management, financial, economic, engineering, and other practices applied to physical assets with the objective of providing the required level of service in the most cost effective manner.
Asset Management Strategy is a strategy for asset management covering the development and implementation of plans and programs for asset creation, operation, maintenance, rehabilitation/replacement, disposal, and performance monitoring to ensure that the desired level of service and other operational objectives are achieved at optimum cost.
Community Strategic Plan – Maitland 2021, the City of Maitland 10 Year Community Strategic Plan is Council’s highest level plan that identifies the community’s priorities and aspirations for the future and the plan strategies for achieving these goals.
Policy Statement
The management of Council assets is a key function of Council. Assets are vital in the provision of a range of services for the community in areas like recreation and leisure, planning and development, roads and transport, waste management, culture and education, and environmental management. The successful delivery of these services relies on providing and managing a broad range of assets.
In order to realise this, Council is committed to the following principles:
• Asset management strategy and planning will align with the vision and objectives of the Community Strategic Plan Maitland 2021
• Asset planning will recognise and reflect the infrastructure needs of our growing community
• Strategic asset management underpins the delivery of the priorities, aspirations, and desired outcomes identified in the Community Strategic Plan Maitland 2021.
• Active community engagement will be sought as a part of performance measurement of service delivery and establishment of new service levels
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ASSET MANAGEMENT POLICY (Cont.)
• That a strategic and systematic approach to asset management that embraces industry standards and best practice will be applied throughout Council
• Asset management planning will be integrated with other Council policies, strategies, and procedures
• Asset Management Strategy and Asset Management Plans will be prepared to support the Community Strategic Plan and Delivery Program
• Council supplied infrastructure will be designed, constructed, and maintained to ensure that the community’s needs for these services are met in an economically sustainable fashion
• Asset management practices will adhere to the underlying key principles of whole of life costing, performance measurement, and risk management. Life cycle costs will be considered in all decisions relating to new services and assets as well as upgrading existing services and assets
• Assets will be optimally managed in accordance with the Asset Management Strategy and Plans to ensure they continue to function as built for the duration of their life and minimise Councils exposure to risk in regard to asset failure
• All relevant legislative requirements together with environmental, social, economic, and governance standards will to be taken into account in asset management
• Funding for all asset purchases, maintenance, rehabilitation, and replacement shall be guided by Councils Asset Management Plans and included in the Annual Operational Plan, 4 Year Delivery Program, and Long Term financial Plan
• Assets will be accounted for in accordance with the requirements of the appropriate accounting standards and reporting requirements
• Council’s asset management capabilities will be improved through necessary advances in technology, systems and processes and training
• Annual review mechanism to monitor improvements in Councils asset management capabilities
• Assets must be assigned to an asset manager who will be responsible for managing the assets in accordance with this Policy, Council’s adopted Asset Management Strategy, and related Asset Management Plans
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12 FINANCE AND ADMINISTRATION REPORTS
12.1 REVIEW OF CORPORATE POLICIES
File No: 35/47 & 130/1 Attachments: 1. Existing Policies 2. Amended Policies Responsible Officer: Graeme Tolhurst - Group Manager Finance and Administration Author: Amanda Hillman - Governance Officer
EXECUTIVE SUMMARY
A review of Council’s policies has been carried out and as a result of this review a number of amendments to the Code of Conduct and associated policies are proposed.
OFFICER’S RECOMMENDATION
THAT
1. Council rescind the following policies contained in attachment 1. - Code of Conduct - Internal Reporting Procedures – Code of Conduct Policy - Complainants – Dealing with Difficult - Dealing with Difficult Customers - Internal Reporting Systems for Disclosure - Provision of Information To and Interaction Between Councillors and Staff
2. Council adopt the following amended policies contained in attachment 2. - Code of Conduct - Unreasonable Complainant Conduct Policy - Protected Disclosures Policy - Provision of Information To and Interaction Between Councillors and Staff
REPORT A review of Council’s policies has been carried out and as a result of this review a number of amendments to the Code of Conduct and associated policies are proposed. These amendments are considered to be not substantial and therefore public exhibition will not be required prior to adoption.
Code of Conduct At the Council meeting 10 March 2009, Council adopted the Division of Local Government’s Model Code of Conduct (including supplementary information) and the Internal Reporting Procedures Code of Conduct Policy.
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REVIEW OF CORPORATE POLICIES (Cont.) A review of these two policies has showed that the information contained in the Internal Reporting Procedures Code of Conduct Policy was generally a reproduction of the directions provided in the Model Code of Conduct. It is therefore proposed that the Internal Reporting Procedures Code of Conduct Policy be rescinded as its contents are incorporated into Section 12 of the Code of Conduct.
In addition the Model Code of Conduct has been reformatted to the new Policy template and some minor additions made to ensure it adequately reflects Maitland City Council. (these are marked in bold).
Unreasonable Complainant Conduct Policy Council currently has two policies relating to the handling of unreasonable complainants. The ‘Complainants – Dealing with Difficult’ Policy’ was adopted 25 January 2000 and the ‘Dealing with Difficult Customers’ Policy was adopted 14 December 2004.
The Ombudsman has published revised guidelines relating the management of Unreasonable Complainant Conduct and these two policies have been reviewed in accordance with these guidelines.
It is proposed that the two policies be combined into the one policy and renamed to ‘Unreasonable Complainant Conduct Policy.’ The content of this policy will be a combination of the previous two policies and will generally remain unchanged with the exception of some minor additions in relation to aggressive and abusive customers at external Council premises. (Amendments are marked in bold.)
Protected Disclosures Policy Councils ‘Internal Reporting Systems for Disclosure’ Policy was originally adopted by Council 28 November 1995 (and then subsequently reviewed) in response to the Protected Disclosure Act 1994. The aim of this policy was to establish a system for the making and investigation of protected disclosures in relation to matters of corrupt conduct, maladministration and serious and substantial waste of resources.
The NSW Ombudsman has published revised guidelines relating to Protected Disclosures.
The policy has been reviewed in accordance with these guidelines. It is proposed that the policy be renamed to ‘Protected Disclosures Policy’ to adequately reflect the purpose and substance of the policy. Some minor amendments to the content of the policy have also been made and are marked in bold.
Provision of Information To and Interaction Between Councillors and Staff The existing Provision of Information To and Interaction Between Councillors and Staff Policy was adopted in December 2001. Since this time new legislation in the form of the Government Information (Public Access) Act 2009 has been implemented and the Division of Local Government has issued a new Circular 10/30 in relation to this. The policy has been reviewed in accordance with this Circular and some minor amendments have been made in relation to the procedures for accessing information. These amendments are marked in bold.
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REVIEW OF CORPORATE POLICIES (Cont.) CONCLUSION The changes identified within the report will enhance the interpretation and application of Council’s Code of Conduct and associated policies and ensure they adequately reflect Maitland City Council.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS The rescission and/or adoption of these policies will be removed / included into Council’s Policy Register.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
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REVIEW OF CORPORATE POLICIES (Cont.)
Finance and Administration Reports
REVIEW OF CORPORATE POLICIES
Existing Policies
Meeting Date: 8 March 2011
Attachment No: 1
Number of Pages: 57
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Attachment No: 2
Number of Pages: 47
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12.2 CHANGE TO DATE OF SECOND COUNCIL MEETING IN APRIL 2011
File No: 35/7 Attachments: Nil Responsible Officer: Graeme Tolhurst - Group Manager Finance and Administration Author: Graeme Tolhurst - Group Manager Finance and Administration
EXECUTIVE SUMMARY
This report is to identify the Council Meeting scheduled to be held on Tuesday 26 April 2011 falls on a public holiday due to ANZAC day falling on Easter Monday. It is proposed that the Council Meeting be moved to Wednesday 27 April 2011.
OFFICER’S RECOMMENDATION
THAT the second Council Meeting in April 2011 be held on Wednesday 27 April 2011.
REPORT The Local Government Act, 1993 under Section 365 stipulates that the Council must meet at least 10 times each year, each time in a different month.
Maitland City Council under its Code of Meeting Practice requires that the Council holds two meetings each month, to be held on the second and fourth Tuesdays of the month. However, Tuesday 26 April 2011 is a designated public holiday due to ANZAC Day falling on Easter Monday. It is proposed that the Council Meeting scheduled on this day is moved to Wednesday 27 April 2011.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
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12.3 LICENCE TO AUSTRALIAN RAIL TRACK CORPORATION LTD FOR ACCESS OVER STEAM HERITAGE PARK
File No: P30657 101/10/12 Attachments: 1. Locality Plan Responsible Officer: Graeme Tolhurst - Group Manager Finance and Administration Jon Dundas - Manager Administration and IT Author: Frank Shrimpton - Coordinator Professional Services
EXECUTIVE SUMMARY
Australian Rail Track Corporation Ltd (ARTC) is providing management and maintenance of rail infrastructure on behalf of State Rail. Sections of the rail corridor have been serviced for many years by State Rail utilising access over Council land. ARTC now seeks to formalise this access by a Licence Agreement.
OFFICER’S RECOMMENDATION
THAT 1. Council enter into a Licence Agreement for access with Australian Rail Track Corporation Limited as detailed in this report. 2. The Official Seal of Council be affixed to the Licence Agreement on execution by Council
REPORT For some years State Rail has accessed the rail corridor at Maitland between Church Street and Telarah from the New England Highway via the former Regent Street Road reserve. This access point is over a Roads and Traffic Authority controlled access boundary which denies access to and from the road corridor. ARTC is currently negotiating with the RTA to formalise the access at this point, however in the interim is seeking a licence from Council to utilise the Steam Heritage Park for access to the rail corridor for maintenance purposes.
The site has been utilised for the Steamfest steam event for a number of years and is in the process of construction of a storage and display building and associated works funded from a one million dollar grant from the NSW Department of Transport and Infrastructure. To access the rail corridor ARTC will utilise the existing road tracks from the Church Street entrance for maintenance vehicles and personnel.
The Licence Agreement, if approved, will be valid for a period of 12 months and may be extended by written consent. Exclusive use to ARTC is not given under the Licence Agreement and is to be denied during Steamfest and therefore no Licence fee is payable. The stated purpose of the Licence Agreement is “access for maintenance of railway infrastructure”.
ARTC are to provide evidence of Public Liability Insurance cover of $250 million with Maitland Council nominated as an interested party on an Insurance Certificate of
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LICENCE TO AUSTRALIAN RAIL TRACK CORPORATION LTD FOR ACCESS OVER STEAM HERITAGE PARK (Cont.) Currency. The Licence Agreement contains an indemnity to Council for all actions etc by ARTC its servants, agents, employees and invitees.
The Council owned land in question is ‘operational land’ under the Local Government Act 1993, so Council is at liberty to deal with the land without being obliged to consider the special constraints contained within the Act which govern the lease/licence of ‘community land’.
CONCLUSION Council has an existing Licence with ARTC to access the rail corridor off Raymond Terrace Road East Maitland and that Licence has worked well for some time. It is reasonable for Council to support the maintenance and management of the rail infrastructure for the safe carriage of passengers and goods and therefore this new Licence is recommended to Council. FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
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LICENCE TO AUSTRALIAN RAIL TRACK CORPORATION LTD FOR ACCESS OVER STEAM HERITAGE PARK (Cont.)
Finance and Administration Reports
LICENCE TO AUSTRALIAN RAIL TRACK CORPORATION LTD FOR ACCESS OVER STEAM HERITAGE PARK
Locality Plan
Meeting Date: 8 March 2011
Attachment No: 1
Number of Pages: 1
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LICENCE TO AUSTRALIAN RAIL TRACK CORPORATION LTD FOR ACCESS OVER STEAM HERITAGE PARK (Cont.)
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12.4 NEW YEA'R EVE CELEBRATIONS
File No: 69/5 Attachments: Nil Responsible Officer: Rachel MacLucas - Manager Marketing and Communications Graeme Tolhurst - Group Manager Finance and Administration Author: Peter Clough - CBD Marketing Manager
EXECUTIVE SUMMARY
The purpose of this report is to provide an overview of the 2010 New Year’s Eve celebrations and confirm Council’s commitment to supporting future New Year’s Eve celebrations in the Maitland City Centre.
OFFICER’S RECOMMENDATION
THAT
1. The report be received and noted 2. The staff and committee be congratulated on hosting a successful event 3. Council continue to run New Year’s Eve celebrations in the City Centre.
REPORT Maitland City Council through the Maitland City Centre Office hosted New Year’s Eve celebrations for the second year in 2010. The event was once again conducted in the Galton’s Car Park and along the adjoining River Walk in the City Centre.
Attendance was estimated as being between 7,000 – 10,000 people, primarily sourced from the local area. The audience was predominantly families and peaked at the 9.00pm fireworks. Whilst the midnight crowd increased from the 2009 celebrations, it reduced considerably from the peak earlier in the evening.
Two other community organised New Year’s Eve events were held at Morpeth and Paterson in 2010 although the impact on visitation seemed to be minimal.
Program
The key elements of the celebrations were:
• Fireworks at 9.00pm and midnight • Live entertainment throughout the evening • Children’s disco • Family amusements • Food court • Helicopter joy flights
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NEW YEA'R EVE CELEBRATIONS (Cont.) There were also approximately 20 stall sites, which included the food court and novelty items.
The amusements and children’s disco proved very popular and the Town Crier was helpful in making announcements and keeping the crowd informed.
Transport
Hunter Valley Buses provided additional bus services to and from nearby suburbs operating on a gold coin donation basis.
Rail Corp also introduced additional services, however these were not heavily patronised.
Feedback would suggest that the majority of people who attended the celebrations travelled to the City Centre either by car or by foot. This is to be expected given the high percentage of families attending. Despite the relatively low usage it is recommended that the bus service should continue to be provided and promotion of this increased for future events.
Marketing
Marketing for the event was clearly targeted at local families and the media plan was developed to reflect this. The plan included:
• 30,000 DL flyers which were delivered with the Council’s Momentum publication to all households and Post Office Boxes in the LGA • Radio advertising on KOFM in the week leading up to the event • A3 Posters • Large advertising signs at 12 strategic locations throughout the City • Dedicated pages on the City Centre website • 3 variable message signs • Community announcements • Extensive PR coverage was achieved through various media particularly the Maitland Mercury
Sponsorship
The Heritage Motor Group Maitland signed on as a major sponsor for 2010 and will continue this support for the next two years. Other sponsors (cash and in kind) for 2010 included Hunter Ready Mixed Concrete, Pizza Hut East Maitland, the Fireworks Factory, AutObarn at East Maitland and Coates Hire. Sponsorship support offers City Centre staff the opportunity to leverage Council funds to provide a broader program of activities and entertainment on the evening. Special thanks should be offered to all local businesses that offered this support.
Finances
Council voted $30,000 towards the 2010 New Year’s Eve celebrations. A further $15,000 was raised through sponsorship (cash and in kind) as well as site fees.
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NEW YEA'R EVE CELEBRATIONS (Cont.) Expenditure for the event totalled approximately $44,500, which comprised $30,000 Council vote plus the $15,000 sponsorship and site fees.
Volunteers and community groups
Ten volunteers (including most members of the Committee) and four paid staff members worked in the lead up to and during the New Year’s Eve celebrations. In addition to this there was a small team from the Council Depot who prepared the site in the lead up days including set up of road closures and the subsequent reopening after midnight including packing up the event on the following day.
Throughout the evening SES volunteers patrolled the river. Police reported very few incidents and have indicated that they were happy with the conduct of the event. St John’s Ambulance volunteers were on site and reported that they had a small number of minor incidents. A letter of thanks has been sent to these groups for their support.
CONCLUSION In 2009 Maitland City Council re-established the New Year’s Eve celebrations for the City. The second year of these celebrations in 2010 attracted a slightly larger crowd with the strongest visitation being from families.
Through the provision of these activities Council is providing all members of the community the opportunity to jointly celebrate this occasion. Hosting the celebrations also assist with increasing the profile of both the river walk and Central Maitland as a recreation space within the City.
It is recommended that New Year’s Eve celebrations become a permanent fixture on the annual calendar of events presented by Maitland City Council.
FINANCIAL IMPLICATIONS The 2010 Maitland New Year’s Eve celebrations cost $44,500. This was funded through a Council allocation of $30,000, which was supplemented by sponsorship and site fees of $15,000.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
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12.5 USE OF COUNCIL CREST - MAITLAND & DISTRICT GENEALOGICAL SOCIETY INC
File No: 35/13 Attachments: Nil Responsible Officer: Graeme Tolhurst - Group Manager Finance and Administration Author: Graeme Tolhurst - Group Manager Finance and Administration
EXECUTIVE SUMMARY
The Maitland & District Genealogical Society Inc are seeking Council’s permission to use the Council Crest (Coat of Arms) in a publication they are producing titled “The 1st Rate West Maitland Municipal Council & a List of the 1st Rate Assessments”.
OFFICER’S RECOMMENDATION
THAT approval be given to the Maitland District & Genealogical Society Inc to use the Council Crest in the “The 1st Rate West Maitland Municipal Council & a List of the 1st Rate Assessments” publication.
REPORT The Maitland & District Genealogical Society Inc are seeking Council’s permission to use the Council Crest (Coat of Arms) in a publication they are producing titled “The 1st Rate West Maitland Municipal Council & a List of the 1st Rate Assessments”.
It is recommended that Council grant approval to the Maitland & District Genealogical Society Inc for use of the Council Crest.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
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13 CITY WORKS AND SERVICES REPORTS
13.1 EMERGENCY MANAGEMENT REPORT
File No: 149/3 Attachments: Nil Responsible Officer: Wayne Cone - Group Manager City Works and Services Author: Kathleen Formosa - Executive Projects Officer
EXECUTIVE SUMMARY
A report on emergency management functions and activities, including those being undertaken by the City Works and Services Group, is provided for Council’s information and consideration.
The report recommends the Group Manager City Works and Services be appointed as the chairperson of the Maitland Local Emergency Management Committee (LEMC), and allocation of funding to match state and federal grant funding for an Emergency Preparedness Information Website for the four (4) Councils represented on the Lower Hunter Emergency Management Co-ordinating Committee (LHEMCC).
OFFICER’S RECOMMENDATION
THAT
1. The Group Manager City Works and Services be appointed as Chairperson of the Maitland Local Emergency Management Committee (LEMC); 2. A budget variation of $2,300 (additional) be approved for Maitland City Council’s portion of the Natural Disaster Resilience Grant Scheme (NDRGS) project titled “Emergency Preparedness Information Website”, with Council’s 2010/11 budget to be adjusted at the next quarterly budget review.
REPORT The City Works and Services Group is involved in a number of emergency management functions and activities as follows:
1. Appointment of Chairperson of the Local Emergency Management Committee (LEMC)
The Manager Projects & City Services, Mr Richard Minter, was the chair of the Maitland Local Emergency Management Committee (LEMC) up until Mr Minter’s resignation in July 2010. It is recommended that the Group Manager City Works and Services be appointed by Council to be the Chairperson of the Maitland LEMC. The Group Manager City Works and Services can perform this role as well as the role of Local Emergency Management Officer (LEMO), as has been done previously at Council.
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EMERGENCY MANAGEMENT REPORT (Cont.)
2. Natural Disaster Resilience Grant Scheme (NDRGS)
The NSW Government in partnership with the Commonwealth Government has established the Natural Disaster Resilience Grants Scheme (NDRGS). The NDRGS makes grants available, through Emergency Management NSW (EM NSW), to local governments and agencies to undertake a wide range of natural disaster risk assessments and risk reduction works, which contributes to building communities that are more resilient to the effects of natural disasters.
The four (4) Councils of the Lower Hunter Emergency Management Co- ordinating Committee (LHEMCC), being Cessnock, Dungog, Maitland and Port Stephens, submitted a grant application for a project titled “Emergency Preparedness information Website”.
This project involves the development of a dedicated website that will provide information to residents and workers on how they can prepare for an emergency and what they should do in the event of an emergency.
The total cost of the project is $24,000 with grant funding of $16,000 ($8,000 from state and $8,000 from federal) approved towards the project through the NDRGS. Maitland City Council’s portion of the $8,000 Councils contribution (the balance) required to fund the project is $2,300.
To date a project workplan has been forwarded to EM NSW and the funding agreement is ready to be signed. Maitland City Council will manage the joint project on behalf of the Councils of the LHEMCC working group.
The website is expected to be launched in June / July 2011.
3. Lower Hunter Emergency Management Co-ordinating Committee (LHEMCC)
The latest LHEMCC meeting was held on 15 November, 2010. The responsibility for chairing the meeting and administrative support is currently with Maitland City Council. This responsibility is rotated annually amongst the four (4) Councils represented.
Items discussed at the last meeting included an update on the standardised Emergency Operations Centre (EOC) Standard Operating Procedures (SOP’s), reports on activities undertaken by emergency agencies and supporting organisations, an update on the Natural Disaster Resilience Grant Scheme 2010 / 11, an overview of changes to District Emergency Management Committees, amendments to the State Emergency Management Plan recovery section, latest information on the Spatial Information Management System (SIMS), and a proposed review of the Emergency Risk Management planning process.
The next LHEMCC meeting is due to be held in April, 2011.
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EMERGENCY MANAGEMENT REPORT (Cont.)
4. Maitland Local Emergency Management Committee (LEMC)
The last Maitland LEMC meeting was held Tuesday 1 February, 2011. Items discussed included the Maitland Emergency Operations Centre (EOC) test exercise updated actions list, an update on mapping of new roads, training needs, the State Emergency Management Committee (SEMC) review and Emergency Management changes, the Emergency Risk Management Review, amendments to the LHEMCC Displan and LHEMCC Standard Operating Procedures, and the Myrtle Rust outbreak.
The next LEMC meeting will be held in August, 2011.
5. Floodgate Testing
The Australian Rail Track Corporation (ARTC) has rail tracks that pass through the ring levee at Maitland Railway Station. Twice a year the ARTC test for maintenance and flood readiness of the two (2) sets of floodgates.
The bi-annual inspection and testing exercise was last undertaken in November, 2010.
6. LHEMCC Displan and Standard Operating Procedures (SOP’s) Review
A review of the recovery section of the State Disaster Plan (Displan) has been considered at State level, and has resulted in the need for local Displan's to be updated. Due to the nature of the LHEMCC documents, changes are required in both the Displan and the SOP’s. Documents have been updated with the changes, and forwarded to members of the LEMC for comment, prior to being submitted to the April LHEMCC meeting for consideration and possible endorsement.
7. Myrtle Rust Outbreak
A Myrtle Rust outbreak has been identified in some of the eastern areas of NSW. To date it has not been detected in inland NSW. The Department of Industry & Investment have been monitoring and attending to this situation. Weekly updates on the outbreak are on the website: www.dpi.nsw.gov.au/biosecurity/plant/myrtle-rust.
8. Emergency Management Districts
Due to the recent review of the State Emergency and Rescue Management Act 1989, changes to the NSW Emergency Management Districts will occur.
One of the key recommendations of the review was to reduce the number of Emergency Management Districts in NSW, with a view to ensuring the most efficient and effective commitment of resources at the District and Local level.
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EMERGENCY MANAGEMENT REPORT (Cont.) The 18 Districts are being reduced to 11 Districts, to more closely align with Department of Premier and Cabinet regional boundaries, while remaining consistent with the current NSW Police Force regional boundaries.
This redistribution aims to maximise the use of available resources and improve coordination and consistency in regard to operational support, policy implementation and training.
The changes have been gazetted and are effective from 1 March, 2011.
The new Emergency Management Districts will be:
• Sydney Metropolitan • North West Metropolitan • South West Metropolitan • Hunter / Central Coast • North Coast • Illawarra / South Coast • South East • South West • Far West • Central West • New England
The boundaries of the Hunter / Central Coast District are unchanged and Maitland remains as part of the Hunter / Central Coast Emergency Management District.
As a result of the above changes, the last District Emergency Management Committee (DEMC) meeting was not held. The next DEMC meeting is due to be held in July this year.
FINANCIAL IMPLICATIONS The total estimated cost to establish the Emergency Preparedness Information Website is $24,000. Funding of $16,000 has been approved for the project, from state and federal sources ($8,000 from each) through Emergency Management NSW, with the participating Councils to contribute $8,000 towards the project.
It is proposed that Maitland City Council contribute $2,300, with Port Stephens Council and Cessnock City Council to contribute an equivalent amount, and Dungog Shire Council to contribute $1,100.
Maitland City Council’s 2010/11 budget for emergency planning is $2,860. A 2010 / 11 budget variation of $2,300 (additional) is required to fund the NDRGS project. It is proposed that this will be adjusted in the next quarterly budget review.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
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14 ITEMS FOR INFORMATION
14.1 S94 QUARTERLY REPORT
File No: 103/41 Attachments: 1. S94 Balance Summaries 30 December 2010 Responsible Officer: Bernie Mortomore - Group Manager Service Planning & Regulation Monica Gibson - Manager City Strategy Author: Anne Humphries - Development Contributions Officer
EXECUTIVE SUMMARY
This report provides the Council with information in relation to Section 94 contributions, including fund balances and commitments for the quarter ending 31 December 2010. This information is based upon the projects adopted as part of the 2010/2011 Management Plan, income received within the quarter and Council resolutions and decisions in relation to S94 projects
OFFICER’S RECOMMENDATION
THAT the information contained in this Report be noted.
REPORT
Introduction
Section 94 contributions that are currently received by Council have been levied through one of four Section 94 Contribution Plans:
• The (Repealed) 1995 Maitland Section 94 Contributions Plan • The Maitland Section 94 Contributions Plan (City Wide) 2006 • The Thornton North Section 94 Contributions Plan 2008 • The S94A Levy Contributions Plan 2006.
These contributions must be expended in accordance with the requirements of the relevant plan.
The purpose of this report is to provide Council with an overview of the Section 94 income received through Section 94 contributions and interest during the December quarter, current commitments and subsequent Section 94 fund balances as at 31 December 2010.
The 1995 Maitland Section 94 Contributions Plan
As at 31 December 2010, the balance of funds held by the Council from the 1995 Maitland Section 94 Contributions Plan was $6,424,022.61 including income for the December quarter of $212,270.00 and interest of $91,142.50.
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S94 QUARTERLY REPORT (Cont.) Current Council commitments from this plan total $5,093,803.67.
Total uncommitted funds remaining at 31 December 2010 were $1,330,218.94.
A breakdown of the above figures is shown in the attachment to this report.
The Maitland Section 94 Contributions Plan (City Wide) 2006
As at 31 December 2010 the balance of funds held by the Council from the Maitland Section 94 Contributions Plan (City Wide) 2006 was $7,768,571.17 including income for the December quarter of $1,629,290.45 and interest of $107,699.91.
Current Council commitments from this plan total $928,119.74.
Total uncommitted funds remaining at 31 December 2010 were $6,840,451.43.
A breakdown of the above figures is shown in the attachment to this report.
The Thornton North Section 94 Contributions Plan 2008
As at 31 December 2010 the balance of funds held by the Council from the Thornton North Section 94 Contributions Plan was $1,400,716.66 including income for the December quarter of $191,775.00 and interest of $19,484.32.
The total amount of $1,400,716.66 remained uncommitted at the end of the December quarter.
The S94A Levy contributions Plan 2006
As at 31 December 2010, the balance of funds held by the Council from the S94A Levy Contributions Plan 2006 was $38,278.80 including income of $40,775.00 and interest of $441.33.
The total amount of $38,278.80 remained uncommitted at the end of the December quarter.
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S94 QUARTERLY REPORT (Cont.)
Items for Information
S94 QUARTERLY REPORT
S94 Balance Summaries 30 December 2010
Meeting Date: 8 March 2011
Attachment No: 1
Number of Pages: 4
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S94 QUARTERLY REPORT (Cont.)
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S94 QUARTERLY REPORT (Cont.)
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S94 QUARTERLY REPORT (Cont.)
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S94 QUARTERLY REPORT (Cont.)
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14.2 UPCOMING ENVIRONMENTAL EVENTS - EARTH HOUR AND TIDY TOWNS 2011
File No: 148/4 Attachments: Nil Responsible Officer: Bernie Mortomore - Group Manager Service Planning & Regulation David Simm - Manager Development & Environment Deanne Nelson-Pritchard - Senior Environmental Health Officer Author: Karen Toms - Environmental Assessment Officer
EXECUTIVE SUMMARY
The following is a report on up-coming environmental events for the Council’s information. The Events are:
Earth Hour – Be part of a global movement to reduce climate change by participating in Earth Hour. Earth Hour encourages everyone to flick the switch and turn-off lights and appliances between 8.30pm and 9.30pm, on Saturday March 26, 2011.
Council will play its part in Earth Hour 2011 by ensuring all non-essential lighting in Council buildings are not left on.
Tidy Towns – Tidy Towns awards encourage, motivate and celebrate the achievements of rural and regional communities across Australia. Originally focussed on litter reduction and civic pride they now address the environmental, social and economic sustainability of local rural communities.
Tidy Towns nominations for 2011 are open from 7th March and closing 17th June. Environmental Programs intends to nominate local sites, litter prevention and sustainable initiatives for Tidy Towns awards, as well as to contact and encourage interested local community groups to enter projects.
OFFICER’S RECOMMENDATION
THAT the information contained in this Report be noted.
REPORT
Earth Hour 2011:
Earth Hour is an initiative of the World Wildlife Fund and it began in Sydney on March 22, 2007 with regional cities across New South Wales joining in to show their support. Earth Hour has now expanded worldwide and is a yearly event in which individuals and businesses are encouraged to participate.
The basis of Earth Hour is to achieve full community involvement in a simple action that transforms people’s perception of energy usage and climate change. Each light
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UPCOMING ENVIRONMENTAL EVENTS - EARTH HOUR AND TIDY TOWNS 2011 (Cont.) switched off proves to individuals that they have made a difference and that they can reduce their carbon footprint. The initiative aims to communicate in a simple way what the community can do as individuals or as a business to minimise energy consumption and the environmental consequences of energy production.
Earth Hour 2011 is to occur between 8.30 and 9.30pm Saturday March 26, 2011. Councils are once again being requested to formally register their involvement in Earth Hour to track interest in the event.
Council will play its part in Earth Hour 2011 by ensuring all non-essential lighting in Council buildings are not left on.
The Maitland business sector and individuals in the community will also be encouraged to become involved in the event through press releases featured in local media.
Businesses can play their part in Earth Hour 2011 by turning off illuminating exterior lights, offering dinners in restaurants by candlelight, and turning off electrical appliances that do not need to be left on standby when the businesses is closed. Individuals can play their part not only in Earth Hour, but in reducing their daily energy needs by installing energy efficient lighting and appliances, turning off lights in rooms they are not using, using a lamp rather than ceiling lighting, and unplugging or turning off appliances that are usually left on standby.
Tidy Towns 2011:
Tidy Towns Sustainable Communities is a program that encourages rural communities across NSW to improve environmental outcomes for their town. Tidy Towns was launched in 1981 and continues to be the largest practical environmental program serving regional New South Wales. Around 130 cities, towns, villages and schools throughout the state participate in the annual program. Awards are presented each year for the overall Tidiest Town and a number of sponsored awards recognizing issues such as heritage, waste, habitat protection and business partnerships.
Tidy Towns Sustainable Communities encourages community groups, councils, businesses and individuals to work together towards the common goal of making their town a better place to live. The program acknowledges and celebrates the efforts of participating towns through the Tidy Towns Sustainable Communities Awards.
The prize for all Tidy Town Sustainable Communities participants – regardless of whether they win an award or not – is a stronger, more vibrant and more sustainable community in which to participate. There are many different categories to choose from to enter your project. Some of them are Community Action and Partnerships, Resource Recovery and Waste Management, Environmental Innovation and Protection, Energy Innovation, Young Legends Award, Cultural Heritage Award, Water Conservation Award and Litter Prevention Award.
Maitland Local Government Area has had a number of successful entries over the past years both from Council projects and School and Community projects, with two awards coming to Maitland last year:
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UPCOMING ENVIRONMENTAL EVENTS - EARTH HOUR AND TIDY TOWNS 2011 (Cont.) • Category Winner for Population Category C - Expansion of the Maitland Art Gallery
• Category Highly Commended Award for Population Category E - Reprocessing Ewaste to Conserve Our Resources
It is proposed to nominate local sites, litter prevention and sustainable initiatives for Tidy Towns awards, as well as to contact and encourage interested local community groups to enter projects.
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14.3 SECOND HAND MATTRESS DROP OFF DAY
File No: P44197 Attachments: Nil Responsible Officer: Bernie Mortomore - Group Manager Service Planning & Regulation David Simm - Manager Development & Environment Deanne Nelson-Pritchard - Senior Environmental Health Officer Author: Michael Tinlin - Environmental Health Officer
EXECUTIVE SUMMARY
A second hand mattress drop off day has been organised by Maitland City Council for the 19th March 2011, at the Works depot car park from 8am till noon. The collection is for Maitland residents only and proof of residence will be required on the day. A limit of four (4) pieces per household will apply on the day with no commercial quantities accepted.
Recycling of mattresses recovers valuable resources and reduces the space required in the land fill. Recycling also reduces the amount of illegal dumping of mattresses in our local environment.
OFFICER’S RECOMMENDATION
THAT the information contained in this Report be noted.
REPORT
As part of the Waste and Sustainability Improvements Payment Program, Council has organised a second hand mattress drop off day on the 19th March 2011. The drop off day will be held at the Maitland City Council works depot car park, Metford Road, from 8am till Noon. Hunter Resource Recovery will provide traffic control and supervision of the site and the mattress recycling contractor, Dreamsafe, will remove the mattresses for recycling on the day.
This collection is for residents of the Maitland City Council area only and proof of residence will be required on the day. A limit of four (4) pieces per household will apply on the day, with no commercial quantities accepted.
Approximately 90% of each mattress can be recycled. Separation of the mattress into its component parts means that the steel springs can be melted down and used in buildings, motor vehicles, infrastructure and appliances. The timber can be reused whole, or chipped and used as mulch or particle board. The foam and wading can be recycled into carpet underlay and the plastic can be recycled as well.
The need for this recycling service springs from the increased expense of land filling mattresses causing an increase in illegal dumping of mattresses on the road verges and bushland areas. The average mattress takes up approximately 0.7 cubic metres
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SECOND HAND MATTRESS DROP OFF DAY (Cont.) of land fill space, due its lack of compressibility. Recycling of mattresses recovers valuable resources.
For more information on mattress recycling go to Dreamsafe website www.dreamsafe.com.au .
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14.4 SHOWERHEAD EXCHANGE PROGRAM
File No: 55/12/1 Attachments: Nil Responsible Officer: Bernie Mortomore - Group Manager Service Planning & Regulation David Simm - Manager Development & Environment Deanne Nelson-Pritchard - Senior Environmental Health Officer Author: Michael Tinlin - Environmental Health Officer
EXECUTIVE SUMMARY
Hunter Water and Maitland City Council are inviting residents to reduce Maitland’s’ impact on the environment by exchanging their old shower heads for more water efficient models on 12th March 2011 at the Maitland Town Hall. Residents are requested to bring along their old showerhead, a completed application form and proof of residence and a water bill and select one of two water efficient showerheads.
Two versions are available, one free on exchange and the other more expensive version for $40 on exchange. Conditions apply and can be viewed at Council and Hunter Water websites. Residents should ensure that they comply with all terms and conditions relating to this exchange program.
Stocks are limited to 150 of each type and will be exchanged on a first come first served basis.
OFFICER’S RECOMMENDATION
THAT the information contained in this Report be noted.
REPORT
Hunter Water with support from Maitland City Council is inviting Maitland residents to reduce water and energy usage by exchanging their existing showerheads for more water efficient models. The exchange will take place at the Maitland Town Hall on 12th March 2011, between 9.00am and 12 noon. Council is assisting Hunter Water in delivery of this showerhead exchange program to reduce Maitland City’s environmental impact by conserving water and saving energy. By changing to a more water efficient showerhead residents not only conserve water but also save money on water and energy costs.
The showerheads on offer from Hunter Water are ranked the highest in terms of user satisfaction in a ‘Choice’ review of water efficient showerheads. The water efficient showerheads can save up to 1,500 litres of water per year which relates to monetary savings on both water and energy bills.
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SHOWERHEAD EXCHANGE PROGRAM (Cont.) This showerhead exchange is limited to Maitland residents who are also Hunter Water customers, so proof of both will be required on the exchange day. Permission from landlord or real estate agent, if renting, will also be required. Letter template, terms and conditions and installation instructions are available on Maitland City Council and Hunter Water websites.
A completed application form available from Councils website and the exchange showerhead will be required on the exchange day. The choice of two showerheads is available, one free on exchange and a more expensive version for $40 exchange.
Stocks are limited to 150 of each type and restricted to two per household and will be allocated on a first come first served basis. These water efficient showerheads are not suitable for low pressure, gravity fed (in roof) hot water service and some instantaneous hot water services.
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14.5 INTERNATIONAL WOMEN'S DAY 2011
File No: 35/59 Attachments: Nil Responsible Officer: Bernie Mortomore - Group Manager Service Planning & Regulation Lynn Morton - Manager Community and Recreation Services Author: Mary Dallow - Community Planning Coordinator
EXECUTIVE SUMMARY
International Women’s Day (IWD) is celebrated around the world on March 8 each year. The year 2011 is a special year as it is the centenary of IWD. This year’s theme is International Women’s Day – Celebrating 100 years.
Council received a grant of $1000 from the NSW Government through the Office for Women’s Policy. The grant will contribute to the 2011 IWD celebration. This year Council’s Community and Recreation Services section will host a Mind Body Spirit event at Maddies of Bolwarra. Local gyms are also participating by providing free passes to women to try their facilities.
OFFICER’S RECOMMENDATION
THAT the information contained in this Report be noted.
REPORT
The year 2011 is a special year as it is the centenary of IWD. Since 2005, the NSW Government, through the Office for Women’s Policy, has offered grants to NSW councils to recognise and celebrate local women’s achievements and the contribution they make to the area.
Each year around the world, International Women's Day is celebrated with hundreds of events to mark the achievements and to promote the wellbeing of women.
This year, Council will help the community to celebrate International Woman’s Day in a unique event hosted by Maitland City Council in the beautiful gardens of Maddies of Bolwarra.
Mind Body Spirit will provide local women with experiences, ideas and products for overall health and wellbeing. Exciting exhibitors and free seminars will assist in the discovery of new ways to strengthen body, mind and spirit and offer a chance to unwind, to learn new healthy life skills and to be inspired by the achievements of local women.
Local authors Joan McCarthy and Maureen Smith the authors of Sixty Strong & Sexy will discuss their book, a celebration of life that encourages people both young and old to live a vibrant and healthy lifestyle. In writing the book they were privileged to
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INTERNATIONAL WOMEN'S DAY 2011 (Cont.) share and record the inspiring life experiences of many of the women they have met on their life journey.
There will also be talks and demonstrations by a range of stallholders including a life coach, psychologist, psychic, Reiki practitioner, Satyananda yoga practitioner and a journey therapist.
Also present at the event will be local artist Gwendolin Lewis. Teaching is Gwendolin’s passion and she has taught painting in various Regional Galleries in NSW and is currently teaching in Newcastle and Maitland Galleries, private classes and workshops. Gwendolin will produce an impression of the day and will offer her insights and advice to those interested.
Seven local gyms across the City will participate by opening their doors to women to come and try their facilities for the week. Participating gyms include: • Anytime Fitness • Body and Soul • Curves – Rutherford • Curves – East Maitland • Healthy Inspirations • Hit N Dip, and • Contours
Interest in the event has been excellent and the Mind Body Spirit event is already fully booked.
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14.6 MEDIA AND SOCIAL MEDIA QUARTERLY REVIEW
File No: 111/4 Attachments: Nil Responsible Officer: Graeme Tolhurst - Group Manager Finance and Administration Author: Emma Shanks - Economic Development & Marketing Officer
EXECUTIVE SUMMARY
The purpose of this report is to provide Council with a three (3) month overview of media coverage relevant to Maitland Council and a review of Council’s social media sites.
OFFICER’S RECOMMENDATION
THAT the information contained in this Report be noted.
REPORT
Maitland City Council currently uses the services of Media Monitors to monitor and evaluate all media coverage relevant to the Council and its facilities, services, events and venues.
A daily media report is issued to Councillors and Senior Staff to provide an update of what is being reported in the media about Maitland City Council and its services, events and facilities.
Three months coverage 82%- Press; 2%- TV; 15% - AM Radio; 1% - FM Radio
Total number of media items; Press – 195; TV – 15; AM Radio – 131; FM Radio – 11
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MEDIA AND SOCIAL MEDIA QUARTERLY REVIEW (Cont.)
Social Media
Maitland City Council currently hosts nine (9) Facebook fan pages, three (3) Twitter pages and four (4) YouTube channels.
Facebook No. Fans Bitter & Twisted International Boutique Beer Festival 442 Doggy Fun Day - Maitland 119 Maitland 2021 111 Maitland City 604 Maitland Gaol 871 Maitland Hunter Valley Tourism 352 Hunter Valley Steamfest 96 New Years Eve 52 Summer Night Flicks 55 World's Biggest Sleepover 21 Twitter No. Followers Maitland Hunter Valley 20 Bitter and Twisted 80 Steamfest 19
YouTube Hits Maitland Hunter Valley 8059 Bitter and Twisted 1135 Steamfest 7989
Social media delegations have been given to relevant staff members to access and administer social-networking pages on behalf of Council.
A social media protocol has also been developed with guidelines for staff on how to use the sites, appropriate language and tone to use on behalf of council and dealing with inappropriate comments/posts.
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14.7 MAINTENANCE BY THE ROADS AND TRAFFIC AUTHORITY OF THE NEW ENGLAND HIGHWAY THROUGH MAITLAND
File No: 137/2/2 Attachments: 1. Note from Mr Terenzini enclosing Acknowledgement letter from the Office of the Minister for Roads Responsible Officer: Wayne Cone - Group Manager City Works and Services Author: Ian Wakem - Manager Civil and Recreation Works
EXECUTIVE SUMMARY
A report was submitted to Council on 25 January 2011 providing information on the RTA’s previous and current contract arrangements with Maitland City Council for the maintenance of the highway through the Maitland City Council area. The report recommended the General Manager, on behalf of Council, make an approach through the local member to the RTA to increase maintenance levels on the central medians along the highway.
Council resolved to accept the recommendations and requested a progress report be provided at Council’s first meeting in March 2011.
This report provides an update on the progress of the representation.
OFFICER’S RECOMMENDATION
THAT the information contained in this Report be noted.
REPORT
At the Council meeting held 25 January 2011, Council resolved that the General Manager, on behalf of Council, make an approach through the local state member for:
1. One-off funding allocations for concrete median repairs and landscaping/vegetation removal/replacement on the New England Highway (NEH);
2. Increased routine maintenance funding and frequency for the central medians of the NEH through Maitland (particularly for mowing and weed control).
3. Further progress report to Council at the first meeting in March 2011.
In accordance with this resolution, a letter was forwarded by the General Manager to Mr Frank Terenzini MP on 28 January 2011.
A note was received by Council on 15 February 2011 from Mr Terenzini enclosing a copy of the letter of acknowledgment Mr Terenzini received from the Office of the
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MAINTENANCE BY THE ROADS AND TRAFFIC AUTHORITY OF THE NEW ENGLAND HIGHWAY THROUGH MAITLAND (Cont.) Minister for Roads in response to Mr Terenzini’s representations. A copy of this letter of acknowledgment is attached as Attachment 1.
Council’s City Works and Services staff have noticed that a number of sections of damaged concrete slabs in the central medians on the New England Highway through Maitland are currently being repaired by the RTA. Also, on 25 February 2011, City Works and Services staff requested the RTA undertake maintenance mowing on the grass medians as soon as possible, as in many places grass was reaching around 300mm in height.
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MAINTENANCE BY THE ROADS AND TRAFFIC AUTHORITY OF THE NEW ENGLAND HIGHWAY THROUGH MAITLAND (Cont.)
Items for Information
MAINTENANCE BY THE ROADS AND TRAFFIC AUTHORITY OF THE NEW ENGLAND HIGHWAY THROUGH MAITLAND
Note from Mr Terenzini enclosing Acknowledgement letter from the Office of the Minister for Roads
Meeting Date: 8 March 2011
Attachment No: 1
Number of Pages: 1
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MAINTENANCE BY THE ROADS AND TRAFFIC AUTHORITY OF THE NEW ENGLAND HIGHWAY THROUGH MAITLAND (Cont.)
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14.8 COUNCILLOR MOTIONS
File No: 35/61 Attachments: Nil Responsible Officer: Graeme Tolhurst - Group Manager Finance and Administration Author: Nicole Kelly - Team Leader Information Services
EXECUTIVE SUMMARY
The following report details the current status of Councillor motions which are currently being actioned by Council Officers.
OFFICER’S RECOMMENDATION
THAT the information contained in this Report be noted.
REPORT
See attached report.
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COUNCILLOR MOTIONS (Cont.) Investigations are being are Investigations a report and undertaken to presented will be 2011 Council March information because of RTA the from required The Office of the Information Commission has called for submissions. Council a prepared have staff submission. privacy The guidelines will be the following prepared Office of Information making determination. its No further progress to report at this stage. highway signage to indicate and promote what's on in on and what's promote signage indicate to highway Maitland individuals and corporations that are not protected under the the under protected not are that corporations and individuals Disclosurenew Legislation 1. A report be prepared as to the adequacy of shade at shade at of adequacy the as to prepared be report A 1. summer of sports spectators in grounds for sporting Council particular; attention grounds the needing priority identify report The 2. man-made or the shade at natural of suitability the and locations; various possible including sources, shared funding Potential 3. considered. be user groups, with arrangements funding 35/62 guidelines protect to privacy a set of develop Council THAT 139/30 possiblethe of investigates Council installation THAT COUNCILLOR MOTIONS REPORT MOTIONS COUNCILLOR HIGHWAY SIGNAGE - WHAT'S ONMAITLAND IN DEVELOP PRIVACY GUIDELINES ITEM NO. SUBJECT NO. FILE COUNCIL RESOLUTION STATUS CURRENT DATE OF OF DATE MEETING 9/11/2010 15.2 FOR REQUEST - MOTION OF NOTICE 9/11/2010 15.3 TO REQUEST - MOTION OF NOTICE 14/12/2010 15.1 Facilities Sporting at Shade 129/1 THAT:
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COUNCILLOR MOTIONS (Cont.)
Employment of of Employment trainees and apprentices in has incorporated been strategy resourcing the plan. and workforce to Council has written NSW Councils, Hunter & Government Local and Association Shires Local Australian the Association. Government to 3 yet 2 finalised. 1and completed. be to review Scoping wide city evaluate potential and provision future provision of skate spaces and youth / parks facility ancillary requirements is underway ght back to Council by late 2010 detailing 2010 detailing late by Council to back ght 1. Council assess the existing skate facilities at Woodberry Woodberry at facilities assess skate Council 1. existing the facility. the improving for options investigate and in meeting first the by Council to back brought be report A 2. the of outcome progress / the of advising 2010 March estimates, cost works, potential including investigation options. and partnership funding be brou report A 3. report The LGA. all Maitland parks skate status in the fo the locations recommended any) (if future potential isinclude to (if existing at provided garbage's and seating number and of any). 1. Council through the development and implementation of of implementation and development the through Council 1. employ to look plan, workforce and stategy resourcing its possible wherever professional trainees and apprentices skills known of area in particularly and appropriate, and and shortages government; in local Council City Maitland Councils, a member Hunter As of 2. similar consideration member give to councils other ask the professional and apprentices of employent future the ot trainess. Fay by Magazine Agenda Local 2 pages form Attached 3. 2). (1& motion of support in Daoud Shires & Government Local NSW the to write Council 4. Government Local Australian and the Association, a adopt organisations to those requesting Association similar member position as their 1 from councils. in part 35/51 THAT: 101/16/3 THAT: COUNCILLOR MOTIONS REPORT MOTIONS COUNCILLOR SKATE PARK SKATE SHORTAGE IN LOCAL GOVERNMENT ITEM NO. SUBJECT NO. FILE COUNCIL RESOLUTION STATUS CURRENT DATE OF OF DATE MEETING 19/01/2010 15.2 WOODBERRY - MOTION OF NOTICE 25/01/2011 15.1 SKILLS - MOTION OF NOTICE
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14.9 2010/2011 CAPITAL WORKS PROGRAM STATUS REPORT ON PROJECT EXPENDITURE
File No: 122/814 Attachments: 1. Capital Works Expenditure Report Responsible Officer: Chris James - Group Manager Assets and Infrastructure Planning Wayne Cone - Group Manager City Works and Services Author: Stephen Hawes - Manager Infrastructure Planning and Administration Graeme Matthews - Manager Projects Chris McGrath - Manager Assets Kevin Stein - Manager Design and Technical Services Ian Wakem - Manager Civil and Recreation Works
EXECUTIVE SUMMARY
The Capital Works Expenditure report as at 2 March 2011 is provided for Councils information.
OFFICER’S RECOMMENDATION
THAT the information contained in this Report be noted.
REPORT
The attached Capital Works Expenditure report provides the approximate financial status of the 2009/2010 and 2010/2011 Capital Works Program as at 2 March 2011. The report is being provided on a three monthly basis or as necessary to ensure Council is kept informed of the progress of the works program.
The report is structured to provide concise and relevant financial information on the various project expenditure categories. The financial information is shown under columns headed “Original Allocation”, “Issued Estimate” and “Project Expenditure to Date”.
The report is an information tool for Council not a definitive financial statement. The expenditure to date figure is not an accurate indication of job progress as various factors affect the timing of expenditure.
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2010/2011 CAPITAL WORKS PROGRAM STATUS REPORT ON PROJECT EXPENDITURE (Cont.)
Items for Information
2010/2011 CAPITAL WORKS PROGRAM STATUS REPORT ON PROJECT EXPENDITURE
Capital Works Expenditure Report
Meeting Date: 8 March 2011
Attachment No: 1
Number of Pages: 10
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2010/2011 CAPITAL WORKS PROGRAM STATUS REPORT ON PROJECT EXPENDITURE (Cont.)
CAPITAL WORKS PROGRAM 2009/2010 as at 2 March 2011 PROJECT DESCRIPTION STATUS Original Issued Project NOTE Allocation Estimate Expenditure To Date BRIDGE/GUARDRAIL IMPROVEMENT PROGRAM Anambah Road - Anambah Guardrail Improvements $90,000 $25,000 over Culverts Stage 1 CH2500 Issued Stage 2 CH3940 Design Stage Mt Dee Road Bridge - Mt Dee Structural assessment of Structural Component $20,000 $20,000 $17,163 Works required will be bridge including load rating Completed listed for inclusion in future programs TOTALS $110,000 $45,000 $17,163 BUILDING WORKS - COMMUNITY BUILDING REFURBISHMENT Maitland City Library - Maitland Internal Refurbishments Part Issued $80,000 $50,000 $0 Foyer Upgrade Scoping Balance of Work Building Access - Various Access Improvements to 40% Works Issued $50,000 $22,565 $8,793 Council Buildings 80% of Issued Works Completed Building Works - Various Minor capital upgrades, Issued $68,864 $68,864 $63,013 major maintenance items Works in Progress and matching grant funds TOTALS $198,864 $141,429 $71,806 MAJOR CONSTRUCTION - ROADS TO RECOVERY Mt Vincent Road - East Maitland Culvert (Landfill) to Works Completed $1,178,622 $1,016,855 $1,060,265 Includes ULR and New Brunswick Street Works Urban allocations and reported as a single project TOTALS $1,178,622 $1,016,855 $1,060,265 RECREATION - FACILITIES IMPROVEMENTS Parks Fixed Assets Drivers Stand – Harold Design Stage $53,000 $0 Gregson Oval TOTALS $53,000
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2010/2011 CAPITAL WORKS PROGRAM STATUS REPORT ON PROJECT EXPENDITURE (Cont.) REHABILITATION Windermere Road - Lochinvar Luskintyre North for 250m Design Stage $50,000 $0 Ken Tubman Drive - Maitland Bulwer to Church Works in Progress $190,000 $223,000 $168,960 Geotechnical review in progress. TOTALS $240,000 $223,000 $168,960 RURAL RECONSTRUCT / WIDEN - RURAL ROADS Louth Park Road - Louth Park Dagworth through bends Heritage Report Received $130,000 $12,000 $11,091 . (Acquisition and Design) 2/11/10 Tocal Road - Mindaribba Lemon Grove progress to Design Complete $170,827 $15,000 $12,009 Expenditure refers to Tocal College (design Acquisition Proceeding acquisition costs. widening & acquisitions) Council Report 22/6/10 TOTALS $300,827 $27,000 $23,100 TRAFFIC MANAGEMENT AND FACILITIES Traffic Control Devices - City wide Prescribed traffic control 95% of Issued Works $48,284 $43,612 $32,392 Mt Pleasant Street devices through Local Completed (i.e. Lawes St Speed Humps to be Traffic Committee Bus Stop, George St and Issued South Seas Drive Pedestrian Refuge) Hillview Street Rutherford - Bus Bays - Hillview Street On hold $61,978 $0 Consulting with bus (south side) and West Mall company re location of (east side) bus stops TOTALS $110,262 $43,612 $32,392 VARIATION TO CAPITAL WORKS PROGRAM 2009-2010 Diamond Circuit Drainage Construction - Minor contract works $69,073 $11,771 $11,771 Council resolution Repair detention basin complete 27/04/2010. At Design Stage for Major Works TOTALS $69,073 $11,771 $11,771
CWP TOTAL $2,260,648 $1,508,667 $1,385,457
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2010/2011 CAPITAL WORKS PROGRAM STATUS REPORT ON PROJECT EXPENDITURE (Cont.)
MAJOR CAPITAL WORKS PROJECTS - ADDITIONAL TO MANAGEMENT PLAN 2009-2012 Trappaud Road Bridge - East NSW Local Infrastructure Concept Design Underway $1,700,000 $142,291 Design / construct Maitland Fund Acquisitions Progressing contract. Preliminary Works Underway Metford Rd Tank St NSW Local Infrastructure Stage 1 Completed $1,300,000 $1,389,479 $1,132,400 Estimate includes Reconstruction Fund Stage 2 Completed additional Black Spot Funding. Paterson Road Bike Plan Jobs Fund Grant Contract Works $321,652 $318,158 $352,663 Some minor additional Completed works to be undertaken Maitland Pool - Splash Pad RLCIP Grant + S94 Funds At Practical Completion $569,139 $569,139 $439,239 Rural Fire Service Fire Control RFS Fire Control Centre SEPP exempt $3,600,000 $0 Funded by RFS. RFS Centre and Administration development requires to arrange Project Building Council comment and Management Ministers consent Thornton Rural Fire Service Shed New Brigade Facility Plans received from RFS $300,000 $0 Funded by RFS. 30.10.2010 Lochinvar Rural Fire Service New Brigade Facility Plans received from RFS $300,000 $0 Funded by RFS. Shed 30.10.2010 Art Gallery Café Works Completed $88,392 $88,392 $78112 Some accounts not yet received Mount Vincent Road Waste Depot Bund Wall Extension At Practical Completion $601,589 $601,589 $601,589 Steamfest Heritage Park Previous Stages Internal Fitout has $1,000,000 $179,770 $179,770 Construction of storage / Commenced $820,230 $425,187 display building / areas TOTALS $9,780,772 $3,966,757 $3,351,251
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2010/2011 CAPITAL WORKS PROGRAM STATUS REPORT ON PROJECT EXPENDITURE (Cont.)
CAPITAL WORKS PROGRAM 2010/2011 as at 2 March 2011 PROJECT DESCRIPTION STATUS Original Issued Project NOTE Allocation Estimate Expenditure To Date ACCESS PRIORITY PROGRAM Bus Stop Access Citywide Provision of Accessible Design Stage $15,000 $0 Bus Stops & Kerb Side Infrastructure Old High Street Maitland Footpath adjacent to Design Stage $35,000 $0 Victoria Bridge - Both Sides TOTALS $50,000 $0 BRIDGE/GUARDRAIL IMPROVEMENT PROGRAM Allandale Road Allandale Brifen Fence or similar at Issued $65,222 $94,214 $0 Additional Costs from Chainages 660m & 1034m savings in Bridge Pgm Long Bridge Maitland Concrete and Structural On hold $222,566 $222,566 $0 Renewal TOTALS $287,788 $316,780 $0 BUILDING WORKS - COMMUNITY BUILDING REFURBISHMENT Town Hall Maitland Front Windows Issued/Out to Quote $100,000 $50,000 $0 Stage Fire System Being Scoped Metford Works Depot Metford Various improvements 25% Works Completed $224,000 $224,000 $60,260 Rutherford Child Care Centre Kitchen Refurbishment Works Programmed $26,000 $30,816 $0 Building Access Various Refurbishment 50% Works Completed $50,000 $37,124 $8,222
Building Components Various Refurbishment of Building 16% Issued $50,000 $8,373 $8,646 Components Issued Works Completed Maitland & East Maitland Pools Refurbishment Kiosks Works Completed $40,000 $43,373 $43,373
Minor Building Works Minor Capital Upgrades Works in Progress $56,301 $32,301 $8,853 and Major Maintenance Recreation Buildings Various Improvements to 10% Issued $72,000 $0 - Recreation Buildings 90% Design Stage
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2010/2011 CAPITAL WORKS PROGRAM STATUS REPORT ON PROJECT EXPENDITURE (Cont.)
TOTALS $618,301 $425,987 $129,354 CARPARK REFURBISHMENT Church Street Maitland Heavy Patch & Seal Issued Works Completed $77,281 $47,996 $35,407 Council Car Park TOTALS $77,281 $47,996 $35,407 CYCLEWAY CONSTRUCTION Trunk Route R8 Lorn Belmore Rd crossing south Design Stage $35,000 $0 of Glenarvon Rd Will be issued with - Belmore Road Works TOTALS $35,000 $0 DRAINAGE CONSTRUCTION Kensington Road Bolwarra New Pit Construction - Works Completed $15,000 $15,000 $9,100 North Side of #35 Driveway Paterson Road Culvert Extension Extension of Culvert north Design Stage $60,000 $0 Bolwarra of Flat Rd, in conjunction - with cycleway and road works Benshulla Drive Bolwarra Heights Drainage line at End of Works in Progress $27,000 $48,107 $53,208 Adjustment to sewer Benshulla Drive main Tenambit Street East Maitland Box Culverts to be Design Stage $160,000 $0 constructed in open - channel Steam Street Maitland Replace Pipe Under Works Completed $35,000 $6,200 $3,188 Steam Street Daniel Avenue Rutherford Spillway Wall & Pipes Design Stage $36,500 Somerset Bioretention System Upgrade & retrofit system Design Received from $211,432 $11,127 Thornton to Bioretention Consultant Basin(Matched by CMA Under Review Funds) TOTALS $544,932 $69,307 $76,623 FOOTPATH CONSTRUCTION Norfolk Street Ashtonfield East Side - School to Works in Progress $36,200 $41,145 $2,822 Pitcairn Street Molly Morgan Drive East Maitland From North side from Works Completed $12,750 $13,140 $11,995 Verdant Street Chisholm
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2010/2011 CAPITAL WORKS PROGRAM STATUS REPORT ON PROJECT EXPENDITURE (Cont.) Street – Missing section approx 50m Cessnock Road Gillieston Heights Davies to Heyes Design Stage $30,887 - $0 Hunter Street Largs (Stage 1) Outside School Works Completed $20,300 Morpeth Street Largs (Stage 2) Across School Works Completed $30,159 $30,330 Projects combined $16,400 Frontage New England Highway Lochinvar Station Lane to St Patricks Issued $28,100 -$0 Access Gate Melrose Street Lorn Bowling Club to No 42 Works Completed $15,100 $14,000 $12,441 Melrose Street Arthur Street Rutherford At rear of Library Works Completed $5,000 $12,307 $9,954 Avery Street Cycleway Link Off Avery Street to Works Completed $24,200 $22,703 $14,009 Rutherford Budgeree St (Adjacent to No 29 Budgeree) Bunning Avenue Rutherford Compton to Alexandra Works Completed $16,000 $14,021 $12,267 (Stage 1) North Side Denton Park Drive Rutherford Highway to Fairfax St & Works in Progress $27,400 $24,132 $12,158 across to Bus stop (east side) include first drive in Fairfax St Peppertree Cct Rutherford In Reserve adjacent to 14 Works Completed $10,400 $10,626 $5,865 Peppertree Weblands St School Rutherford End Stage 1 to Lane at 70- Works in Progress $15,250 $15,521 $14,115 Works to be undertaken (Stage 2) 68 West Side in School Holidays TOTALS $257,987 $197,754 $125,956 FOOTPATH PAVING REFURBISHMENT Belmore Road Lorn Nillo School Approx 60 Works Completed $14,000 $10,914 $8,539 x1.5 Elgin Street Maitland School Frontage Approx Works Completed $20,000 $19,159 $20,775 120 x 1.5 Melaleuca Drive Metford School Frontage Approx Issued $24,668 $24,378 $1,036 Works to be undertaken 100 x 3 in School Holidays Swan Street Morpeth Widen Path to 1.8m o/side Works Completed $12,000 $9,371 $5,145 171-173 Must be Morpeth Mix (35M) Consider replacing full width) Taylor Avenue Thornton Blakewell - Taylor Ave ( as Works Completed $18,000 $14,640 $7,172
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2010/2011 CAPITAL WORKS PROGRAM STATUS REPORT ON PROJECT EXPENDITURE (Cont.) required) Approx 70m x 2 TOTALS $88,668 $78,462 $42,667 MAJOR CONSTRUCTION - ROADS TO RECOVERY Belmore Road/Regional Road Glenarvon to Warrane Design Stage $963,200 $11,631 Geotech Report and Lorn $568.6K + $230K ULR, Testing Costs $35K cycleway, $129.6K - rehab TOTALS $963,200 $11,631 MAJOR CONSTRUCTION - ULR Paterson Road Bolwarra Balance Canna to Tocal Works Completed $193,600 $193,600 $212,324 Extra Corrective A/C Road required Paterson Road Bolwarra Ekert to Westbourne Design Stage $250,000 - $0 Molly Morgan Drive East Maitland Chisholm to Culvert - Mill & Works Completed $90,000 $87,120 $66,860 AC High Street Maitland Bridge to Abbott Design Stage $10,000 $1,545 - (acquisitions) Alexandra Avenue Rutherford Roundabout to West Mall $100,000 Hillview Street Rutherford West Mall to Alexandra Issued $400,000 $500,000 $7,275 Projects Combined Parade - Government Road Thornton Intersection with Taylor Design Stage $100,000 $0 - Roundabout Avenue Somerset Drive Roundabout Intersection with $80,000 S94 Funding Government Road TOTALS $1,223,600 $780,720 $288,004 NEW WORKS - URBAN ROADS High Street East Maitland Lindesay St to Hunter Design Stage Nearing $309,677 $1,931 Street + ULR component Completion -
TOTALS $309,677 $1,931
RECREATION - FACILITIES IMPROVEMENTS Parks Fixed Assets Various 90% Issued $98,000 $84,088 $66,601 80% Issued Works Completed Playgrounds Various Works Completed $55,000 $55,000 $56,374
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2010/2011 CAPITAL WORKS PROGRAM STATUS REPORT ON PROJECT EXPENDITURE (Cont.) Sportsgrounds Fixed Assets 60% Works Issued $111,055 $45,000 $40,683 Various 25% Issued Works Completed Sportsgrounds Improvements 90% Works Issued $50,000 $50,000 $54,401 Various 70% Issued Works Completed Walka Water Works Recreation Trails 75% Works Completed $60,000 $60,000 $13,838 Somerset Park Playground Installation Works Completed $97,808 $101,099 $101,099 S94 Funding Finney Park Playground Installation Works Commenced $131,690 $121,490 $32,154 S94 Funding Rathluba Park Playground Installation Design Stage $148,000 S94 Funding TOTALS $751,553 $516,677 $365,150 REHABILITATION 17 Projects Various Locations 80% Works Issued $899,800 $386,000 $144,119 55% Issued Works Completed Paterson Road Bolwarra - Works Completed $93,600 $93,600 $96,864 Hunterglen to Tocal Maitland Vale Road Design Stage $300,100 $0 Bolwarra Heights - Tocal - to Railway Bridge Thornton Road Thornton - Works Programmed $261,630 $0 New England Highway to - Glenwood Drive TOTALS $1,555,130 $479,600 $240,983 RESEAL 61 Projects Various 60% Works Completed $983,600 $989,600 $630,360 TOTALS $983,600 $989,600 $630,360 RURAL RECONSTRUCTION/WIDEN - SEALED ROADS Woodberry Road Woodberry Lawson to City Boundary Works Completed $600,052 $588,614 $654,309 Wet weather, additional filling, corrective A/C, design changes, unsuitable subgrade TOTALS $600,052 $588,614 $654,309 TRAFFIC MANAGEMENT AND FACILITIES
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2010/2011 CAPITAL WORKS PROGRAM STATUS REPORT ON PROJECT EXPENDITURE (Cont.)
Bus Shelters Installation of Bus Shelters Issued Works Completed $20,000 $2,000 $1,362 Linemarking Citywide Pavement Marking 80% Issued $163,000 $84,000 $21,486 Program Issued Works Commenced Traffic Control Devices Prescribed Traffic Control $30,000 $4,399 Devices through Local - Traffic Committee Victoria Bridge - Wallis Creek Traffic Calming Devices on Design Stage $45,000 $0 - Maitland approaches Weblands Street Rutherford Roundabout - Weblands St Design Stage $50,000 $0 - & Arthur St TOTALS $308,000 $86,000 $27,247 RTA - REGIONAL ROADS GRANT RTA REPAIR project Paterson Road from Works Commenced Maitland Rd to Flat Rd (south of Flat Rd) Stage 1 Combined as one Paterson Road from Design Stage $330,000 - $4,390 project culvert to Bolwarra Rd (north of Flat Rd) Stage 2 Tocal Road north of Lang Design Stage $70,000 $0 - Drive TOTALS $400,000 $4,390 CWP TOTAL $9,054,769 $4,577,497 $2,634,012
MAJOR CAPITAL WORKS PROJECTS - ADDITIONAL TO MANAGEMENT PLAN 2010/2013 Solar Panel Stage 1 -Depot Works Near Completion $160,000 $100,000 $117,439 Stage 1 and 2 combined, with all Stage 2 – Ashtonfield Deferred works at Depot Community Centre Black Spot Program Metford Road, Metford – $65,000 $52,978 Works in conjunction Removal of roadside with Metford Road hazard, signage & street - Works lighting Wollombi Road, Farley – Design Stage $50,000 - $26,210 Tree clearing & upgrade marking
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2010/2011 CAPITAL WORKS PROGRAM STATUS REPORT ON PROJECT EXPENDITURE (Cont.) Mt Vincent Rd, East Design Stage $63,000 $29,741 Works in Conjunction Maitland –Tree clearing - with Mt Vincent Road and upgrade marking CPTIGS Grant – Bus Shelters City Wide – 12 Locations $170,000 Maitland Park Netball Courts Improvements Design Stage $480,000 RLCIP Grant Admin Building Lift Refurbishment Issued $125,000 Money allocated from Asset Reserve (Council Meeting 9/11/10) TOTALS $1,113,000 $100,000 $226,368
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14.10 COUNCIL'S HOMEPAGE STATISTICS
File No: 31/15 Attachments: Nil Responsible Officer: Graeme Tolhurst - Group Manager Finance and Administration Author: Adam McCarthy - Systems Administrator
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
December January February 2010 2011 2011 No. of visits to the MCC 28,940 35,999 32,243 website No. of visits to the 289 382 344 Community Directory Top Five web pages with Online Online Online highest no. of visitors (not Mapping Mapping Mapping homepage) Positions Library Library Vacant Positions News Positions Vacant Vacant News Library News Search Search Search No. of rates paid electronically (depends on 146 39 310 instalment dates) No. of Property Certificates paid 101 72 92 electronically
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15 NOTICES OF MOTION/RESCISSION
15.1 MOTION FOR 2011 NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT - RECOGNITION OF LOCAL GOVERNMENT IN THE AUSTRALIAN CONSTITUTION
NOTICE OF MOTION SUBMITTED BY CLR RAY FAIRWEATHER
File No: 32/13 Attachments: 1. Additional Information Responsible Officer: David Evans - General Manager Graeme Tolhurst - Group Manager Finance and Administration
Clr Ray Fairweather has indicated his intention to move the following Notice of Motion at the next Council Meeting being held on Tuesday 8 March 2011:
THAT 1. Maitland City Council prepare a submission in the form of a motion for consideration at the 2011 National General Assembly of Local Government in Canberra from the 19th to the 22nd June 2011. 2. (a) The motion call on the Australian Local Government Association (ALGA) to prepare and finance a national campaign in support of the ‘Yes Vote’ in the proposed Australian Government Referendum on the recognition of Local Government in the Australian Constitution. (b) The ALGA call on Local Councils / Shires nation wide to include in their budget for local campaigns in support of the ‘Yes Vote’ for inclusion in the Australia Constitution. (c) Any submission made by council, a copy be made available to Councillors for their information.
NOTES BY COUNCILLOR FAIRWEATHER
Included with the motion four pages extracted from the net for information.
Recognition of local government in the Australian Constitution is the most important first step in the history of local government, with recognition, the next most important step would be financing of local government.
There may be several options for future funding by the Federal Government, one in the form of grants, another would be by way of an increase in the GST from 10% to 11%, and the latter based on GST income this financial year would provide over $5 billion dollars for local government throughout the nation. (Federal GST presently stands at $50 billion dollars).
If nothing happens, the future of local government will be in doubt as we know it today, local government is no longer sustainable and the ability of ratepayers to pay huge increases in rates can not be sustained forever.
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MOTION FOR 2011 NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT - RECOGNITION OF LOCAL GOVERNMENT IN THE AUSTRALIAN CONSTITUTION (Cont.) Councils will either have to cut service levels or make savings in other areas of council operations, or another alternative is the amalgamation of councils into regional councils, though it is questionable whether there are substantial savings as a result of amalgamation.
RESPONSE BY GROUP MANAGER FINANCE & ADMINISTRATION
The Australian Local Government Association (ALGA) has been addressing this issue for some years. The ALGA has a commitment from the Federal Government that a referendum will be held by the end of 2013.
Last year the ALGA received a grant from Minister Albanese to assist the ALGA in its bid on behalf of all Local Government for constitutional recognition.
The Executive Director Policy and Research at the Australian Local Government Association believes the motion put forward by Clr Fairweather is redundant as it is already on the books of the ALGA.
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MOTION FOR 2011 NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT - RECOGNITION OF LOCAL GOVERNMENT IN THE AUSTRALIAN CONSTITUTION (Cont.)
Notices of Motion/Rescission
MOTION FOR 2011 NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT - RECOGNITION OF LOCAL GOVERNMENT IN THE AUSTRALIAN CONSTITUTION
Additional Information
Meeting Date: 8 March 2011
Attachment No: 1
Number of Pages: 4
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MOTION FOR 2011 NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT - RECOGNITION OF LOCAL GOVERNMENT IN THE AUSTRALIAN CONSTITUTION (Cont.)
Page (381) ORDINARY MEETING AGENDA 8 MARCH 2011
MOTION FOR 2011 NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT - RECOGNITION OF LOCAL GOVERNMENT IN THE AUSTRALIAN CONSTITUTION (Cont.)
Page (382) ORDINARY MEETING AGENDA 8 MARCH 2011
MOTION FOR 2011 NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT - RECOGNITION OF LOCAL GOVERNMENT IN THE AUSTRALIAN CONSTITUTION (Cont.)
Page (383) ORDINARY MEETING AGENDA 8 MARCH 2011
MOTION FOR 2011 NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT - RECOGNITION OF LOCAL GOVERNMENT IN THE AUSTRALIAN CONSTITUTION (Cont.)
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16 QUESTIONS WITH NOTICE
Nil 17 URGENT BUSINESS
18 COMMITTEE OF THE WHOLE
19 CLOSURE
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