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
23 JUNE 2009
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 included any discussion involving a Councillor, Staff member or a member of the public.
ORDINARY MEETING AGENDA 23 JUNE 2009
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
9.1 DLG INTEGRATED PLANNING AND REPORTING FRAMEWORK - MAITLAND 2021 COMMUNITY STRATEGIC PLAN ...... 2
10 SERVICE PLANNING AND REGULATION REPORTS ...... 13
10.1 DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL ...... 13 10.2 DA 09-0832 TWO LOT TORRENS TITLE SUBDIVISION, DEMOLITON OF SHED, CARPORT & FERNERY & ERECTION OF GARAGE - 224 PATERSON ROAD, BOLWARRA HEIGHTS RECOMMENDATION: APPROVAL...... 46 10.3 DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL...... 64 10.4 ALCOHOL FREE ZONE - MAITLAND CENTRAL BUSINESS DISTRICT ...... 90 10.5 SITE WASTE MINIMISATION AND MANAGEMENT DEVELOPMENT CONTROL PLAN ...... 110 10.6 THE NAMING OF FRANCIS GREENWAY CREEK ...... 145 10.7 DEPARTMENT OF AGEING DISABILITY AND HOME CARE FUNDING AGREEMENT FOR THE JULY 2009- JUNE 2011 PERIOD...... 149 10.8 MAITLAND REGIONAL ART GALLERY MEMBERS MANAGEMENT PLAN AND RE-DRAFTED CONSTITUTION...... 151
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10.9 EXPENDITURE OF SECTION 94 FUNDS ...... 181 10.10 REVIEW OF THORNTON NORTH SECTION 94 CONTRIBUTIONS PLAN 2008 ...... 187 10.11 CITIES FOR CLIMATE PROTECTION...... 195
11 ASSETS AND INFRASTRUCTURE PLANNING REPORTS ...... 197
11.1 PROPOSED DEDICATION OF LAND AS PUBLIC ROAD...... 197 11.2 REGIONAL AND LOCAL COMMUNITY INFRASTRUCTURE PROGRAM FUNDING UPDATE...... 200 11.3 STATUS REPORT ON DESIGN OF CAPITAL WORKS PROJECTS...... 206 11.4 PROPOSED ROAD CLOSURE ASHTON GROVE ESTATE EAST MAITLAND ...... 209
12 FINANCE AND ADMINISTRATION REPORTS...... 213
12.1 ACQUISITION BY COUNCIL OF 3 GRANT STREET MAITLAND AND CLASSIFICATION OF LAND...... 213 12.2 STATEMENT OF INVESTMENTS AS AT 31 MAY 2009 ...... 217
13 CITY WORKS AND SERVICES REPORTS...... 225
13.1 PLANT REPLACEMENT PROGRAM ...... 225
14 ITEMS FOR INFORMATION ...... 242
14.1 KEY PERFORMANCE INDICATORS - MAY 2009...... 242 14.2 MONTHLY FINANCIAL REPORT - MAY 2009...... 259 14.3 LOCAL TRAFFIC COMMITTEE MINUTES FOR JUNE 2009 ...... 263 14.4 CORRESPONDENCE ANALYSIS...... 271
15 NOTICES OF MOTION/RESCISSION...... 273
NIL ...... 273
16 QUESTIONS WITHOUT NOTICE...... 273
17 URGENT BUSINESS...... 273
18 COMMITTEE OF THE WHOLE ...... 274
18.1 LEASE BY COUNCIL OF CAR PARKING AREA CNR CHARLES STREET AND KEN TUBMAN DRIVE MAITLAND FROM THE UNITING CHURCH IN AUSTRALIA PROPERTY TRUST (NSW)...... 274 18.2 MOUNT VINCENT LANDFILL...... 275 18.3 LEGAL TENDER ...... 276
19 CLOSURE ...... 277
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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 9 June 2009 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
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9 GENERAL MANAGER'S REPORTS
9.1 DLG INTEGRATED PLANNING AND REPORTING FRAMEWORK - MAITLAND 2021 COMMUNITY STRATEGIC PLAN
File No: 29/41 Attachments: 1. Framework Diagram 2. Community Engagement Framework Responsible Officer: David Evans - General Manager Leanne Harris - Group Manager Service Planning and Regulation Monica Gibson - Manager City Strategy Author: April McCabe - Strategic Project Planner
EXECUTIVE SUMMARY The draft Integrated Planning and Reporting Framework has been developed with the primary aim to improve all NSW council’s long term community, financial and asset planning. The draft planning and reporting framework will replace the current Management Plan, Social Plan and Annual Reporting requirements with an integrated framework consisting of: • A 10-year Community Strategic Plan; • A Resourcing Strategy – consisting of a 10-year Asset Management Plan; a a 10-year Financial Management Plan and a Workforce Management Plan; • A 4-year Delivery Plan; and • Annual Operational Plan. This report suggests that Council should make a request for inclusion in the group of Council’s required to adopt the Community Strategic Plan by March 2011 and adopt a 4-year Delivery Plan by 30 June 2011. This timing provides a logical fit with Council’s current corporate planning review program and the preparation of the Maitland LEP 2011. A framework of community engagement through a staged approach for the preparation of Maitland 2021 is recommended. The framework outlines the purpose for each stage and will be supported by the preparation of a community consultation plan for each stage, detailing the specific methods of consultation. The preparation of a 10-year vision for the City and Council’s long term planning through an integrated planning and reporting framework enables a more effective approach to the delivery of the identified priorities of the Council, the community and partner government departments and agencies.
OFFICER’S RECOMMENDATION
THAT
1. Information contained in this report regarding the Department of Local Government’s draft Integrated Planning and Reporting Framework be
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DLG INTEGRATED PLANNING AND REPORTING FRAMEWORK - MAITLAND 2021 COMMUNITY STRATEGIC PLAN (Cont.) noted; 2. Council endorse the Maitland 2021–Community Strategic Plan Community Engagement Framework. 3. Council note the request for inclusion in Group 2 which requires adoption of a Community Strategic Plan by March 2011.
REPORT The purpose of this report is to provide information regarding the Department of Local Government (DLG) new integrated planning and reporting framework and provide, for endorsement, a Community Engagement Framework specific to the preparation of the Maitland 2021 – Community Strategic Plan that supports the principles of Council’s adopted Community Engagement Strategy 2009. Background The draft Integrated Planning and Reporting Framework has been developed as part of the Local Government Reform Program and proposes changes to the Local Government Act 1993. The primary aim of this reform is to improve council’s long term community, financial and asset planning. The draft planning and reporting framework will replace the current Management Plan, Social Plan and Annual Reporting requirements with an integrated framework consisting of: • A 10-year Community Strategic Plan; • A Resourcing Strategy – consisting of a 10-year Asset Management Plan; a 10-year Financial Management Plan and a Workforce Management Plan; • A 4-year Delivery Plan; and • Annual Operational Plan. Attachment 1 provides an illustration as to how all these plans fit together in the proposed integrated framework. Prior to the release of the draft legislation from DLG, Council prepared a document which begun to explore the quadruple bottom line approach and has provided the reporting structure of the current management plan. The draft Community Strategic Plan 2008-2018, provides a solid starting point for Council to continue in the preparation of a vibrant 10-year strategic vision for the City within the new integrated planning and reporting framework. State of the Environment reporting The requirement for Council’s to prepare a State of the Environment Report (SoE) has been maintained. The rationale for retaining this requirement is directly related to the current heightened importance of climate change issues and environmental management in general. Under the draft legislation, the requirements for SoE’s have been amended to enable Council to focus resources on monitoring and reporting on issues specific to the individual communities and where Council may influence the management of such issues.
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DLG INTEGRATED PLANNING AND REPORTING FRAMEWORK - MAITLAND 2021 COMMUNITY STRATEGIC PLAN (Cont.) Social/Community Planning Councils must ensure that their Community Strategic Plan adequately addresses social as well as environmental, economic and civic leadership issues. It must also reflect the four social justice principles of equity, access, participation and rights. Recommendations made in past Social/Community Plans may still be relevant, and some may still be awaiting implementation. Councils will need to consider the social issues and priorities in these plans, and consider how they fit appropriately into the Community Strategic Plan, the Delivery Program and Operational Plans. Relationship with Local Environmental Plans The LEP plays an important role in the proposed integrated planning and reporting framework. The Community Strategic Plan will set the high level objectives that will inform the land use policy decisions. Once the Community Strategic Plan is adopted, the LEP and any amendments must be consistent with strategic objectives and will be checked as part of the Department of Planning’s gateway planning process. 10-year Community Strategic Plan The Community Strategic Plan identifies the community’s main priorities and aspirations for the future, and must address social, environmental, economic and civic leadership issues. It may include priorities and aspirations which fall to State or Federal government agencies or the non-Government sector to meet. The Community Strategic Plan will therefore also identify opportunities for partnerships and may include issues with a broader regional focus. The Community Strategic Plan must include: - A community vision statement; - A series of strategic objectives for the community; - Strategies for achieving each objective; and - Assessment methods for determining whether the objectives are being achieved. The Community Strategic Plan must be reviewed every four years by each new council following ordinary local government elections. The preparation of the Maitland 2021 –Community Strategic Plan has commenced with a review of the previous work that has been done, along with a review of all strategic documents prepared by all Council departments during the past five years. Results of the community survey and other consultation processes will also inform discussions regarding the vision, strategic objectives, strategic and implementation mechanisms. Ongoing engagement with the local community through an extensive program of consultation will play a significant role in the preparation of a 10-year vision supported by a number of strategic objectives to secure the future of the Maitland. Resourcing Strategy As a key element of the draft integrated planning and reporting framework, each council must prepare a long term Resourcing Strategy to achieve the objectives established by the Community Strategic Plan. The Resourcing Strategy will be a series of plans that inform the effective management of the council’s assets, finances and workforce. The Resourcing Strategy must include:
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DLG INTEGRATED PLANNING AND REPORTING FRAMEWORK - MAITLAND 2021 COMMUNITY STRATEGIC PLAN (Cont.) • A 10-year Asset Management Plan; • A 10-year Financial Management Plan; and • A 4-year Workforce Management Plan. All of these plans will inform the preparation of the Community Strategic Plan and in turn will need to consider the strategic objectives of the Community Strategic Plan in terms of the identified priorities of the Council. 10-year Asset Management Plan An Asset Management Strategy and Plans are to be prepared, and will also support any new asset solutions proposed in the Community Strategic Plan and Delivery Program. It must provide a clear direction for asset management and define key principles that underpin asset management for the council. The development of an Asset Management Strategy will enable councils to show how their asset portfolio supports the service delivery needs of their communities into the future. An Asset Management Plan is a long term plan that outlines the asset activities for each service and outlines actions and resources to provide a defined level of service in the most cost effective way. Council adopted an Asset Management plan in July 2006. A comprehensive review is currently being conducted in line with the requirements of the draft integrated planning and reporting framework. Therefore, Council is well placed to ensure that the delivery of the 10-year Asset Management Plan within the overall Resourcing Strategy will strengthen the Council’s commitment to the effective long term management of assets and infrastructure in line with the vision and strategic objectives of Maitland 2021. 10-year Financial Management Plan The Financial Management Plan is a decision making tool that will enable a council to model different financial scenarios when they are making significant financial decisions. It aims to ensure that councils identify financial issues at an earlier stage and gauge the effect of their proposed activities in the longer term. Over the next 12 months a revenue strategy will be prepared to investigate and justify special rate increase, increased borrowings, what are the Council’s fees and charges should be, how our assets should be rationalised, what community and operational land we need and how efficiently Council is operating. This review will form part of the overall preparation of Council’s 10-year Financial Strategy, strengthening Council’s long term financial position in line with the vision and strategic objectives of Maitland 2021. 4-year Workplace Management Plan Each council must prepare a Workforce Management Strategy for a minimum of four years that addresses the human resourcing requirements for council to implement the Delivery Program. This will align long term council strategies with the human resources required to deliver these strategies. Specific to the Workplace Management Plan, little detail has been provided about the type of information required, however, it is expected that DLG will provide further guidance once the implementation of the draft integrated planning and reporting has commenced.
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DLG INTEGRATED PLANNING AND REPORTING FRAMEWORK - MAITLAND 2021 COMMUNITY STRATEGIC PLAN (Cont.) Council has already prepared a draft 4-year HR Strategy. The strategic approach of this document ensures that: • Our organisational structures, programs, technologies, skills levels and performance management processes focus on achievement of the best possible outcomes for our community. • Council has the ability to attract, retain and motivate high quality staff across the full range of experience levels and functional areas and at the levels required to ensure organisation efficiency. • The work environment within which we operate is characterised by equity, safety, respect and a regard for career long skills development. Therefore, Council is well placed to ensure that the delivery of the Workplace Management Plan within the overall Resourcing Strategy will strengthen the Council’s commitment to an effective and efficient organisation in line with the vision and strategic objectives of Maitland 2021. 4-year Delivery Plan The implementation of the community’s strategic objectives in the Community Strategic Plan can only be done through a more short term delivery mechanism. It is intended that the Delivery Program is a statement of commitment to the community from each newly elected council to implement the long-term strategic objectives through the actions of Council. The Delivery Program replaces the former Management Plan requirements. It is designed as the single point of reference for all activities undertaken by Council during each term of office and identifies its priorities. All plans, projects, activities and funding allocations must be directly linked to this Program. Annual Operational Plan To monitor the delivery of these priority actions to support the strategic objectives of the Community Strategic Plan, Council will be required to prepare an annual operational plan. It will include the individual projects and activities that will be undertaken to achieve the commitments made in the Delivery Program during that year, as well as the council’s operational budget. Timing and Implementation The introduction of the framework and preparation of the Community Strategic Plan and Delivery Plan is proposed to be in three groups of Council’s over a three year period. Maitland City Council will make a request to DLG for inclusion in Group 2 which requires adoption of the Maitland 2021-Community Strategic Plan by March 2011 and adoption of the 4-year Delivery Plan by 30 June 2011. This timing provides a logical fit with Council’s current corporate planning review program and the preparation of the Maitland LEP 2011. It also allows for the preparation of a new strategic plan and vision for the City and to ensure that genuine engagement with the local community can occur. COMMUNITY ENGAGEMENT and CONSULTATION A requirement of the draft legislation is that Council prepare a Community Engagement Plan specific to the preparation of the Maitland 2021-Community Strategic Plan. Attachment 2 contains the recommended framework of community
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DLG INTEGRATED PLANNING AND REPORTING FRAMEWORK - MAITLAND 2021 COMMUNITY STRATEGIC PLAN (Cont.) engagement for the preparation of Maitland 2021, which also outlines the overall purpose for each stage. This staged approach allows for flexibility and genuine engagement to occur throughout the project. The Maitland 2021 -Community Engagement Framework will be supported by the preparation of a community consultation plan for each stage, detailing the specific methods of consultation. This will be provided to Councillors prior to commencing consultation with the local community. The Maitland 2021 Community Engagement Framework embraces the principles of Council’s adopted Community Engagement Strategy 2009 and aims to effectively engage the local community throughout the preparation of a 10-year vision, supported by strategic objectives which will inform the Resourcing Strategy and guide the priorities and actions of Council to 2021. FINANCIAL IMPLICATIONS This is a significant project for Council and will require ongoing resources which will be reviewed and reported at each stage of the project. At this time, this report does not have any long term financial implications for Council, however it is recognised that the preparation of a community strategic plan will guide the long term financial commitments of Council. POLICY IMPLICATIONS At this time, this matter has no specific policy implications for Council. STATUTORY IMPLICATIONS The introduction of the integrated planning and reporting framework will result is statutory changes made to both the Local Government Act 1993 and associated Regulations through the ‘Local Government Amendment (Planning and Reporting) Bill 2009’ and ‘Local Government Amendment (Planning and Reporting) Regulations 2009’. As outlined above, these amendments will modify the framework in which the Council plans for the future, manages assets, finances and its workforce and the required annual reporting of Council. CONCLUSION The preparation of a 10-year vision for the City and Council’s long term planning through an integrated planning and reporting framework enables a more effective approach for Council in the delivery of the identified priorities of the Council, the community and partner government departments and agencies. The preparation of Maitland 2021-Community Strategic Plan, requires genuine engagement with the local community in the preparation of a new and vibrant vision for the City. The combination of Council’s adopted principles of community engagement and the proposed Maitland 2021 –Community Engagement Framework provide a logical and inclusive approach to the preparation of the Community Strategic Plan – ‘Maitland 2021’, the Resourcing Strategy and Delivery Plan by 2011.
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DLG INTEGRATED PLANNING AND REPORTING FRAMEWORK - MAITLAND 2021 COMMUNITY STRATEGIC PLAN (Cont.)
General Manager's Reports
DLG INTEGRATED PLANNING AND REPORTING FRAMEWORK - MAITLAND 2021 COMMUNITY STRATEGIC PLAN
Framework Diagram
Meeting Date: 23 June 2009
Attachment No: 1
Number of Pages: 1
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DLG INTEGRATED PLANNING AND REPORTING FRAMEWORK - MAITLAND 2021 COMMUNITY STRATEGIC PLAN (Cont.)
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DLG INTEGRATED PLANNING AND REPORTING FRAMEWORK - MAITLAND 2021 COMMUNITY STRATEGIC PLAN (Cont.)
General Manager's Reports
DLG INTEGRATED PLANNING AND REPORTING FRAMEWORK - MAITLAND 2021 COMMUNITY STRATEGIC PLAN
Community Engagement Framework
Meeting Date: 23 June 2009
Attachment No: 2
Number of Pages: 2
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DLG INTEGRATED PLANNING AND REPORTING FRAMEWORK - MAITLAND 2021 COMMUNITY STRATEGIC PLAN (Cont.)
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DLG INTEGRATED PLANNING AND REPORTING FRAMEWORK - MAITLAND 2021 COMMUNITY STRATEGIC PLAN (Cont.)
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10 SERVICE PLANNING AND REGULATION REPORTS
10.1 DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL
File No: DA 07-3130 Attachments: 1. Locality Plan 2. Development Plans 3. Submission Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation David Simm - Manager Development and Environment Stephen Punch - Principal Planner Author: Ian Cunningham - Town Planner
Applicant: Berama Developments Pty Ltd Owner: Berama Developments Pty Ltd Proposal: Demolition of two existing Industrial Buildings and construction of 5 Industrial Buildings (containing 14 units), with associated car parking. Location: Lot 131, DP 629473, 45 Gardiner Street Zone: 4(a)
EXECUTIVE SUMMARY
The proposal seeks to demolish two existing industrial buildings and construct five (5) industrial buildings containing fourteen (14) individual units on Lot 131, 45 Gardiner Street Rutherford. The level site is 1.851ha in area, and is currently occupied by two large colourbond industrial sheds, with the remainder of the site utilised for storage of heavy machinery/earthmoving equipment.
The site is within the Rutherford industrial estate, with adjoining lots developed and occupied by industrial buildings/storage areas.
The proposal represents a substantial development of the site, however is of similar proportion to surrounding buildings in Gardiner Street in terms of bulk and scale as viewed from Gardiner Road.
The proposal is consistent with the objectives of the zone, and is a permissible use with Council consent.
The proposal was advertised in accordance with Council Policy, and as such, attracted one submission objecting to the proposal. Primary grounds for the objection are perceived non conformity with the Industrial Development Code chapter of the Maitland Citywide DCP, and in particular, relating to the bulk and scale of the development, set backs, car parking and landscaping.
The issues raised in the submission have been addressed, with alterations in the
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DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) proposed design having been made that address the relevant issues. The overall proposal has subsequently been assessed against the applicable planning guidelines, and found to be satisfactory.
The proposal is therefore recommended for approval subject to conditions of consent.
OFFICER’S RECOMMENDATION
THAT
1. The proposed demolition of two (2) existing industrial buildings and the construction of five (5) industrial buildings housing fourteen (14) industrial units, together with associated car parking, hardstand, signage and landscaping at Lot 131, DP 629473, 45 Gardiner Street, Rutherford, be approved subject to conditions of consent.
REPORT
45 Gardiner Street, Rutherford is a level site of 1.851 ha in area, and presently accommodates two large colourbond sheds which are proposed for demolition. The balance of the site is utilised for storage of heavy machinery parts, (refer image below), which shall also be removed from the site.
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DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) Buildings that immediately surround the subject site are typically industrial and of similar bulk and scale as the proposed industrial buildings, however the surrounding buildings are set well back from Gardiner Street with land between the buildings and Gardiner Street used for storage of various heavy engineering components, (refer image below).
This existing scenario as viewed from Gardiner Street is not considered to be consistent with the objectives of relevant planning guidelines for the industrial estate in terms of streetscape presentation and precedence.
The proposed development addresses streetscape presentation by building to the required 5 metre street setback with landscaping and design features that will result in an improved street presentation that is more consistent with existing surrounding development throughout the Rutherford industrial estate.
The proposed development will occupy the entire site with the exception of a 5 metre wide easement that runs parallel to the southern property boundary. This easement will provide separation from the existing adjacent industrial building which is constructed to the boundary.
The five proposed buildings will each achieve varying lateral separation from approximately 12 metres to 18 metres, with these separations providing car parking space. Substantial separation of approximately 30 metres between the buildings within the site is achieved, which creates ample vehicular movement space as well as a practical presentation of each unit in a ‘courtyard’ scenario, which itself is provided with staggered landscaped medians to guide vehicles, permit effective car parking configuration and reduces the visual impact of a large hardstand area.
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DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) Each proposed building incorporates a mezzanine level in an ‘awning’ construction method, which provides covered car spaces to each unit. Mezzanine levels facing the central ‘courtyard’ of the overall complex are provided with floor to ceiling windows which significantly reduces the ‘industrial’ appearance of the buildings, and is considered beneficial in the complete presentation of the development.
It is considered that whilst the subject site is fully exploited by the development, the overall design concept is appropriate and workable. A significant area of industrial floor space is effectively provided that in terms of streetscape presentation will not be overbearing given the ‘L’ shape of the site and the bulk of the development being to the rear portion of the site.
PLANNING ASSESSMENT
Section 79C(1)(a)(i) provisions of any environmental planning instrument
Maitland Local Environmental Plan 1993. (LEP)
The subject site is zoned 4(a) General Industrial. The objectives of this zone are;
a) To set aside land for the purpose of general industry within convenient distances of the urban centres of the city.
b) To allow commercial and retail development that does not undermine the commercial and retail functions of existing and feature urban centres.
c) To ensure that industrial development creates areas which are pleasant to work in and safe and efficient in terms of transportation, land utilisation and service distribution.
In addressing these objectives, it is observed that;
a) The subject site is located within an area designated for this type of development and is within a convenient location of the city.
b) The use of the site is expected to be predominantly for light industrial/storage purposes given the nature of construction. This is consistent with the locality, and does not necessarily present any identifiable commercial threat to existing functions within the city.
c) The overall design concept is considered to be practically suited to the site, its topography and location. The distribution of the proposed buildings within the site offers good presentation and accessibility, which will translate into a pleasant commercial/industrial work area.
Hunter Regional Environmental Plan (HREP)
Division 1 – (Industrial Development) of the HREP is applicable to this proposal.
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DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) The objectives of this plan in relation to planning strategies concerning industrial development are;
a) To ensure that sufficient zoned and serviced industrial land is provided in locations appropriate to the needs of the industry, while ensuring protection of the environment, and
b)To promote the distribution of employment in secondary industry in a manner compatible with the availability of services and distribution of population.
In addressing these objectives, it is observed that;
a) The subject site is within an area zoned and intended for industrial development.
b) The subject site is located within convenient proximity to rapidly expanding residential areas, thus it is considered the proposed development is proportional to the expanding local population.
State Environmental Planning Policies
SEPP 64 ‘Advertising and Signage’ is considered.
The proposal is inclusive of a single pylon sign of approximately 12 sqm in signage area and standing 6.8m high and 2.4m wide. The intent of the signage is to provide tenancy advertising for all units. No other signage to individual units is proposed at this stage.
The requirements of SEPP 64 are satisfied.
Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition
Not relevant.
Section 79C(1)(a)(iii) any development control plan
The ‘Car Parking’ chapter of the Maitland Citywide DCP is applicable to this proposal.
The development is deemed to be industrial, with a requirement of 1 space per 75 sq metres of floor space. Total combined floor space of the 14 units including mezzanine levels equates to 9,471 sq metres thus requiring 126.2 car spaces. A total of 128 off street car spaces are provided.
It is noted that individual units do not provide their assigned number of car spaces directly in front of each unit, however additional car parking spaces provided in separation space between the buildings compensates for this. It is observed that insufficient disabled car spaces are allocated, however there is the physical provision to allow 1 disabled car space per unit. The consent will be conditioned accordingly.
The ‘Industrial Development Code’ chapter of the Maitland Citywide DCP is applicable to this proposal.
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DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) The objectives of this DCP chapter are;
a) To encourage growth in the industrial sector, provided that new industrial development does not present unacceptable risks to residential areas or other land by way of pollution, hazards or otherwise.
b) To encourage applicants to act in their own interests by submitting fully substantiated and documented proposals, including hazards analysis where appropriate.
c) To encourage a process which minimises problems with development proposals, through appropriate consultation prior to applications being submitted.
d) To provide general guidelines for applications for designated development, as to matters to be addressed in Environmental Impact Statements.
e) To assist applicants by minimising duplication of documentation required under other laws (pollution control, occupational health & safety etc)
f) To encourage visual and operational compatibility between industrial development and residential areas.
g) To encourage improvements to the character and appearance of industrial estates.
In addressing these objectives it is observed that;
a) The proposed development seeks to utilise a site within the industrial estate to its full potential. The proposed development will improve the aesthetics of the site and make a positive contribution to the overall standard of the Rutherford Industrial Estate. The proposed development does not present any known unacceptable risk to the environment or residential areas.
b) The application is satisfactory. Amendments have been made to address identified design deficiencies. A condition of consent will require a Phase 1 contaminated site report to be submitted to Council prior to issue of a Construction Certificate as a precautionary measure given the site is not greenfield.
c) Adequate pre-lodgement meetings were undertaken.
d) Not relevant.
e) Satisfactory.
f) The site is not located within close proximity of residential development, as such, design interface is not relevant.
g) It is considered that the proposed development will improve the present aesthetics of the immediate locality.
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DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) Part III (Development Standards) of this chapter is relevant to the proposal. It is considered that the proposed development adequately addresses the requirements of this part in terms of external finish and landscaping. Other design requirements of this part are not relevant given the site is not within a significant visual catchment to residential development.
Setbacks are sufficient to enable reasonable separation between the buildings on the site, this allowing car parking and landscaping treatment. Side boundary setback to the southern property boundary is governed by a five metre wide easement, and there is zero setback to the north and east property boundaries, and zero setback between the subject site and Lot 130 to the west. With required fire resistance being achieved through tilt-up concrete panel construction, the issue of fire spread and relevant BCA compliance is satisfied. Physical separation between the buildings within the site reduces the impact of zero setbacks.
The ‘Guidelines for Outdoor Advertising’ chapter of the Maitland Citywide DCP is applicable to this proposal.
Signage proposed consists of a single pylon sign at the street entry to the site. Actual signage area is approximately 12 sqm, with the overall height of the pylon sign being 6.8m.
The proposed signage is generally consistent with the requirements of this part.
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
It is not forseen that the proposed development will generate negative impact upon the natural, built, social or economic environments. It is expected that the development will be beneficial in terms of providing employment both through construction and ongoing opportunity resultant from the availability of additional industrial units in the Rutherford Industrial Estate.
Section 79C(1)(c) the suitability of the site for the development
The site is suitable for the proposed development in terms of compatibility with relevant planning guidelines and the proximity of this type of development being a convenient distance to the city and residential development. The site does not present any physical constraints that will impede the development, and is consistent with the existing built form surrounding the site.
Section 79C(1)(d) any submissions made in accordance with this act or the regulations
The proposal was notified from the 9th January 2008 until the 23rd January 2008. As a result of this process, one (1) submission was received.
Page (19) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) The main issues raised by the objectors are summarised below and comment provided. It should be noted that some of the issues raised in the submission that were considered relevant have since been addressed through reworking of the design.
Issue 1
The development is excessive in its size and bulk and is an over development of the site.
The submission goes on to assert that an existing shed on adjoining lot 130 is part of the development and setbacks of the proposed development are insufficient.
Comment
The existing shed on Lot 130 is not part of this proposal.
The set backs of the proposed development are in accordance with the relevant planning guidelines in respect of the front (street) property boundary. The south property boundary has an existing easement parallel to the boundary which restricts the siting of the buildings to 5 metres from the boundary.
The remainder of the site is utilised through zero setback of the proposed buildings to property boundaries and compliance with the Building Code of Australia (BCA) in terms of fire separation is achieved by the nature of tilt-up concrete panel external walling which permits construction to the property boundary. It is of note that individual buildings are substantially separated to allow for car parking areas, which in turn effectively reduces the physical impact of construction to the boundary. The DCP does not preclude zero lot line construction to side and rear boundaries for industrial development.
With regard to bulk and scale, it is noted that the proposed height and proportions of the buildings are consistent with existing built development.
Issue 2
The proposed development is in breach of a number of provisions of your Council’s Industrial Development Code.
(a) The submission cites inconsistencies with Clause 3.1 of the Code in terms of; i) It is two storeys in height ii) it is utilising all available space to the rear and side boundaries iii) Gardiner Street has large industrial lots with generous set backs iv) the bulk and scale is excessive and overbearing.
The submission cites inconsistencies with Clause 3.1 (ii);
(b) The bulk and scale is in breach due to two storey buildings being too close to Gardiner Road which is a main road.
Page (20) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) (c) The proposal fails to comply in a number of respects with clause 3.2 (landscaping) of the code;
● There is no external landscaping
● The front setback of 6 metres is occupied by car spaces and not landscaping.
● There are no side setbacks and these are required where the development is visible from a public place (Gardiner Road)
● There is no physical barrier between landscaped areas and vehicle manoeuvring areas.
● There is no frontage mounding or landscape screening the front parking areas.
(d) The proposal fails to comply with clause 3.3 Parking and Access of Council’s Industrial Development Code in that it fails to provide adequate on-site vehicular parking.
The submission goes on to assert that insufficient car spaces are provided given the ratio of car parks required is 1 per 75 sq m of floor space.
The proposed development fails to comply with clause 3.3(iii) in that it makes no provision for visitor parking in front of the building and behind the front five metre landscaped area
(e) The proposal fails to comply with clause 3.4 (Setbacks) of the Council’s Industrial Development Code in that;
(i) There is no five metre front setback.
(ii) The bulk and scale of the building and layout of the building occupy all the space to available boundaries of the site with the requirements of clause 3.4 (iii) and (v) not met. The aims of clause 3.4, subparagraphs (i) (ii) and (iv) are frustrated.
Comment
(a) (i) There is no specific height limit to industrial buildings in Gardiner Street. Further, it is noted that the proposed buildings are of similar proportion (in terms of height) to existing surrounding buildings in Gardiner Street.
(ii) There is no specific reference in Clause 3.1 to maximum floor space ratios for industrial development. The aim of clause 3.1 states:
“To provide industrial buildings which are both functional and attractive in the context of their local environment. This can be achieved through the selective use of materials and colour compatible with design and context”.
It is considered that the proposed development adequately address this aim.
Page (21) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) iii) It is noted that Gardiner Street has large industrial lots, however it is further observed that several lots which have industrial buildings set back from the street, use the land for storage of various materials, (refer images below), which is considered to be to the detriment of the overall streetscape and industrial estate generally. The proposed development will provide a landscaped 5 metre setback, and has addressed streetscape presentation of the building through design that features extensive use of glass that effectively improves the appearance of what otherwise would be another industrial building.
Issue Comment
Page (22) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) iv) The proposed development utilises the entire site. It is considered that the design and configuration of the proposed buildings is a productive use of the site which provides generous open space within the site that will reduce the impact of the scale of the development. The site is of an ‘L’ shape with the narrow end of the lot facing Gardiner Street. This serves to reduce the visual impact of the development from Gardiner Street.
(b) Gardiner Street is a local road and would not be described as a main road. The site is not within a significant visual catchment or influence of a residential area. The design of the streetscape appearance of the building has been re-worked since the original application, and it is considered that the design adequately addresses the DCP requirements relating to design and appearance of buildings. (c) The site plan for the proposed development has been reworked to include a 5 to 6 metre front landscaped setback which does not provide for car spaces. This is in accordance with this part and is satisfactory.
The side setback to the southern property boundary is an easement, which is proposed to be grassed. It is intended to condition the consent so as to provide low level soft landscaping to at least the depth of unit 2 so as to adequately address this part as well as reduce the impact of the external walls. It is considered that such landscaping will not impede the purpose of the easement.
The side setback to the northern property boundary of Lot 130 exceeds 17 metres with a landscape buffer provided beyond the extent of the adjoining northern property boundary to Lot 130, thus it is demonstrated that as viewed from the street, the proposed development has a side set back of 17 metres to one side and 5 metres to the other. Proposed buildings with zero setback are to the rear of the site with boundaries not readily visible from the street, therein it is considered this part is satisfied.
Landscaped medians are provided at various locations through the hardstand car parking areas which effectively separate car parking areas and act as directional measures for vehicles.
The design has been reworked to include landscaped buffers between the car parking areas to the street end of the site.
(d) The floor space of the total development including mezzanine levels is assessed at 9,471 sq metres, requiring 1 car space per 75 sq metres of floor space in accordance with ‘industrial buildings’ ratio. This equates to 126.2 spaces. 128 spaces are provided. Car spaces are provided to the front of each building with additional spaces located at short distance from the buildings within the separation space between buildings.
(e) The building has a landscaped set back from Gardiner Street of approximately 5 to 6 metres.
It is considered that part 3.4 (requirements, (i) to (v) ) are adequately satisfied in terms of landscaping, car parking, building height, bulk and layout, the nature and needs of industry, and the general landscape. It is further considered that the aims of this part which relate to site coverage and building separation, landscaping,
Page (23) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) emergency vehicle access and restriction of fire spread have been adequately addressed in the assessment of this proposal with the exception of emergency vehicle access. Emergency vehicle access is available to all buildings within the site, and mandatory BCA compliance will require fire hydrants to serve all of the buildings.
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 proposed development initially displayed some design shortcomings which have primarily been the subject of the objection received against the development. The relevant matters requiring amendment have been reworked to the extent that the proposed development satisfactorily addresses the applicable planning guidelines and requirements.
The proposal represents a substantial development of the site, and is considered to be beneficial to the local community both in terms of economic benefit as well as design outcomes. The proposal is thus recommended for approval subject to conditions.
Page (24) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) SCHEDULE OF CONDITIONS
Proposed demolition of two (2) industrial buildings and construction of five (5) industrial buildings containing fourteen (14) units with associated hardstand, car parking and signage at Lot 131, DP 629473, 45 Gardiner Street, Rutherford
Reason for Conditions The following condition(s) have been applied to the development, subject of this consent, to ensure that the development meets the requirements of the NSW Environmental Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment Regulation 2000, and the various policies and development controls of Maitland City Council and other government agencies relevant to the development being undertaken.
1 APPROVED PLANS AND DOCUMENTATION
The development shall be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule and any amendments arising through conditions to this consent or as shown in red colour on the plans:
Plan Ref No Sheet Rev n Revision Date Prepared by: (consultant) No No Site Plan (part 1) A1 A Feb 09 David Cooper Building Design Site Plan (part 2) A2 A Feb 09 David Cooper Building Design Unit 1 & 2 Ground A3 A Feb 09 David Cooper Building Design floor plan & elevations Unit 1 & 2 A4 A Feb 09 David Cooper Building Design Mezzanine floor plan Unit 3 Ground floor A5 n/a Aug 06 David Cooper Building Design plan & elevations Unit 3 Mezzanine A6 n/a Aug 06 David Cooper Building Design floor plan Unit 4 Ground floor A7 n/a Aug 06 David Cooper Building Design plan & elevations Unit 4 Mezzanine A8 n/a Aug 06 David Cooper Building Design floor plan Unit 5 Ground floor A9 n/a Aug 06 David Cooper Building Design plan & elevations Unit 5 Mezzanine A10 n/a Aug 06 David Cooper Building Design floor plan Unit 6 Ground floor A11 n/a Aug 06 David Cooper Building Design plan & elevations Unit 6 Mezzanine A12 n/a Aug 06 David Cooper Building Design floor plan
Page (25) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) Unit 7 Ground floor A13 n/a Aug 06 David Cooper Building Design plan & elevations Unit 7 Mezzanine A14 n/a Aug 06 David Cooper Building Design floor plan Unit 8 Ground floor A15 n/a Aug 06 David Cooper Building Design plan & elevations Unit 8 Mezzanine A16 n/a Aug 06 David Cooper Building Design floor plan Unit 9 Ground floor A17 n/a Aug 06 David Cooper Building Design plan & elevations Unit 9 Mezzanine A18 n/a Aug 06 David Cooper Building Design floor plan Unit 10 Ground A19 n/a Aug 06 David Cooper Building Design floor plan & elevations Unit 10 Mezzanine A20 n/a Aug 06 David Cooper Building Design floor plans Unit 11 Ground A21 n/a Aug 06 David Cooper Building Design floor plan & elevations Unit 11 Mezzanine A22 n/a Aug 06 David Cooper Building Design floor plan Unit 12 Ground A23 n/a Aug 06 David Cooper Building Design floor plan & elevations Unit 12 Mezzanine A24 n/a Aug 06 David Cooper Building Design floor plan Unit 13 Ground A25 n/a Aug 06 David Cooper Building Design floor plan & elevations Unit 13 Mezzanine A26 n/a Aug 06 David Cooper Building Design floor plan Unit 14 Ground A27 n/a Aug 06 David Cooper Building Design floor plan & elevations Unit 14 Mezzanine A28 n/a Aug 06 David Cooper Building Design floor plan Sign location and A29 n/a Aug 06 David Cooper Building Design sectional drawing Site analysis plan A30 n/a Aug 06 David Cooper Building Design (part 1) Site analysis plan A31 n/a Aug 06 David Cooper Building Design (part 2) Soil erosion plan A32 n/a Aug 06 David Cooper Building Design (part 1)
Page (26) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) Soil erosion plan A33 n/a Aug 06 David Cooper Building Design (part 2) Landscape plan A34 A Feb 09 David Cooper Building Design (part 2) Landscape plan A35 A Feb 09 David Cooper Building Design (part 2) Concept storm 2 B 22/1/09 Barker Harle water plan (part 1) Concept storm 2 A 22/9/06 Barker Harle water plan (part 2)
CONTRIBUTIONS & FEES
2 Pursuant to Section 80A(1) of the Environmental Planning and Assessment Act 1979, and the Maitland S94A Levy Contributions Plan 2006, a contribution of $92,472 shall be paid to the Council.
The above amount may be adjusted at the time of the actual payment, in accordance with the provisions of the Maitland City Council S94A Levy Contributions Plan 2006.
Payment of the above amount shall apply to Development Applications as follows:
- 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.
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 the issue of an Occupation Certificate all conditions of development consent shall be complied with.
Page (27) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)
5 Prior to occupation of the building an Occupation Certificate shall be issued by the Principal Certifying Authority.
6 Prior to issue of the Construction Certificate, a certificate of compliance under Section 50 of the Hunter Water Act 1991 for this development, shall be submitted to the Accredited Certifier.
LANDSCAPING
7 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, waste material, and the like.
8 Additional low level landscaping shall be provided to the easement to the south property boundary for the length of units 1 & 2 that reduces the visual impact of the external walling. Such landscaping should not unduly affect access to the easement.
CARPARKING
9 Car parking for the development shall be provided in accordance with the approved plans, with a minimum allocation for the development of 128 spaces. The car parking area between units 2 & 6 shall provide a minimum distance of 6.7 metres manoeuvring space between opposing 90 deg. car parks.
10 All on-site driveways, parking areas and vehicles turning areas shall be constructed with a bitumen sealed granular pavement, segmental pavers, or as reinforced concrete.
11 All parking bays shall be delineated with line-marking and/or signposting.
12 One disabled car space shall be provided to each unit.
VEHICLE ACCESS
13 Prior to issue of the Construction Certificate, approved driveway design profiles that comply with Council’s Manual of Engineering Standards, shall be submitted to the Accredited Certifier.
14 Prior to commencement of construction of the driveway, an application form – “Application To Construct Private Works On Footway” – for the driveway crossing on the public footway verge, shall be submitted to Council, together with the appropriate fee.
Page (28) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)
15 Prior to issue of the Occupation Certificate, the proposed driveway crossing(s), from the road pavement to the property boundary, shall be constructed in concrete, (“heavy duty”) in accordance with an engineer’s design or Council’s Manual of Engineering Standards, with reference to Council’s information document “Footway Crossings (Driveways)”.
16 Damage to existing footway and/or kerb and gutter along the frontage of the property, arising from construction activity on the site, shall be reinstated in accordance with Council’s standards.
STORMWATER DRAINAGE
17 Prior to issue of the Construction Certificate, a detailed stormwater drainage plan, providing: i) On-Site Detention (OSD) of stormwater, and ii) an emergency overland flow path for major storm events, that is directed to the public drainage system, and iii) entrapment of gross pollutants, nutrients and hydrocarbons generated from the contributing ground-surface catchment areas, shall be designed in accordance with Council’s Manual of Engineering Standards, and be submitted to the Accredited Certifier. The design shall be based on the concept plan number 60904 dated 22.1.09 & 22.9.06
18 Prior to issue of the Occupation Certificate, the stormwater-control system shall be constructed in accordance with approved plans, and a copy of Work-As-Executed drawings, together with supporting verification that the “detention” system has been satisfactorily constructed, shall be submitted to Council.
19 Final discharge of collected stormwater runoff shall be piped to the existing on-site drainage system. In the absence of that drainage system, discharge shall be piped to the street gutter with a kerb adaptor, in accordance with Council's Manual of Engineering Standards,
EROSION CONTROLS
20 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”.
SERVICES & EQUIPMENT
21 A copy of the fire safety schedule and fire safety certificate shall be prominently displayed in the building in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation 2000.
Page (29) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) 22 A copy of the fire safety schedule and fire safety certificate shall be forwarded 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.
SITE CONSIDERATIONS
23 Prior to the issue of the Construction Certificate, a Phase 1 contaminated site report shall be prepared by a suitably qualified person and submitted to Council for review.
24 All excavated an/or filled areas are to be retained or battered and suitably drained so as to prevent any subsidence of the area and constructed so as to deny any flow of water into or around the building or neighbouring buildings or onto neighbouring land.
Where a retaining wall is planned for this purpose and such wall exceeds 1.0m in height at any point from finished ground level, plans and specifications of the construction SHALL BE APPROVED BY COUNCIL BEFORE WORKS COMMENCE. Plans and specifications of retaining walls greater than 1.0m in height MUST BE CERTIFIED BY A PRACTICING PROFESSIONAL ENGINEER. Note: The submission of a separate Development Application is not required for a retaining wall associated with this approval and indicated on the approved plans.
25 All building refuse on this building site shall be stored in such a manner so as not to cause a nuisance to adjoining properties.
26 If an excavation extends below the level of the base of the footings of a building/structure on an adjoining allotment of land, the person causing the excavation to be made.
i) Must preserve and protect the building/structure from damage, and
ii) If necessary, must underpin and support the building/structure in an approved manner, and
iii) Must, at least 7 days before excavating below the level of the base of the footings of a building/structure on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building/structure being erected or demolished.
The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this condition, whether carried out on the allotment of land being excavated or on the adjoining allotment of land. (Includes a public road and any other public place).
Page (30) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) 27 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.
28 A sign must be erected in a prominent position on the work:
(i) stating that unauthorised entry to work site is prohibited, and
(ii) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted during work hours. Any such sign is to be removed when the work has been completed.
This condition does not apply to:
(i) building work carried out inside an existing building, or
(ii) building work carried out on premises that are to be occupied continuously (both during and outside working hours) while the work is being carried out.
29 Approved toilet facilities are to be provided, at or in the vicinity of the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. The provision of toilet facilities in accordance with this Clause must be completed before any other work is commenced.
30 The site is to be cleared of all building refuse and spoil immediately after completion of the building/structure.
31 No building materials, refuse or spoil is to be deposited on or be allowed to remain on Council's footpath.
32 Suitable and adequate measures are to be applied to restrict public access to the site and building works, materials and equipment.
Page (31) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) GENERAL PROVISIONS
33 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.
34 All aspects of the building design shall comply with the applicable performance requirements of the BCA 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).
35 All building work must be carried out in accordance with the provisions of the Building Code of Australia.
36 The building must comply with the Category 1 fire safety provisions applicable to the proposed new use.
37 The building shall be set out by a registered surveyor. A Survey Certificate shall be submitted indicating the location of the footprint of the building relative to the boundaries of the lot and where applicable other buildings.
38 Upon completion of the building BUT prior to its occupation, a Final Fire Safety Certificate with respect to each critical and essential fire safety measure installed in the building is to be provided. Such certificate(s) are to be in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.
39 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. 40 All excavations and backfilling must be executed safely, in accordance with appropriate professional standards and be properly guarded and protected to prevent
Page (32) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) them from being dangerous to life or property.
41 The proposed building works are to be constructed clear of the existing easement.
42 The applicant is required to submit to Council Notice of Commencement at least two (2) days prior to the commencement of construction works.
43 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.
44 All demolition works are to be carried out in accordance with Australian Standard AS 2601-2001.
SERVICES & EQUIPMENT
45 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.
46 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.
47 Fire safety notices of a size and kind prescribed by the Environmental Planning and Assessment Regulations are to be displayed at all times in a conspicuous position adjacent to, but not within, any fire isolated passageway, fire isolated ramp or a fire isolated stairway.
ACCESS & EGRESS
48 Access for disabled persons must be provided in accordance with DP1, DP2, and DP8 of the Building Code of Australia. Compliance with Part D3 of the Building Code of Australia satisfies this requirement. All elements are to meet the requirements of Australian Standard AS1428.1 "Design for Access & Mobility".
COMPLIANCE
49 The applicant shall comply with all conditions within this schedule prior to occupancy of the proposed development.
Page (33) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) ADVICES
A You are advised that, prior to submitting an application for an Occupation Certificate the applicant should ensure that all relevant conditions of development consent have been complied with.
B You are advised that in regard to potential soil erosion from the construction site, such pollution of the environment is an offence under the Protection of the Environment & Operations (POEO) Act and may incur infringement fines.
C You are advised that, 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), levels should be confirmed, by survey, on formwork and control marks.
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 issue of this development consent does not amount to a release, variation or modification by Council of any covenant or easement applicable to this property and that Council will not be held responsible when action on this consent results in any loss or damage by way of breach of matters relating to title of the property.
F You are advised that compliance with the requirements of the Disability Discrimination Act, (DDA) applies to works on this site. It should be noted that compliance with the Building Code of Australia does not necessarily meet the requirements of the DDA.
G You are advised that any proposed advertising signs are subject to a separate Development Application to Council.
Page (34) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)
Service Planning and Regulation Reports
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL
Locality Plan
Meeting Date: 23 June 2009
Attachment No: 1
Number of Pages: 1
Page (35) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)
Page (36) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)
Service Planning and Regulation Reports
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL
Development Plans
Meeting Date: 23 June 2009
Attachment No: 2
Number of Pages: 4
Page (37) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)
Page (38) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)
Page (39) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)
Page (40) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)
Page (41) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)
Service Planning and Regulation Reports
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL
Submission
Meeting Date: 23 June 2009
Attachment No: 3
Number of Pages: 3
Page (42) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)
Page (43) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)
Page (44) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 07-3130 PROPOSED INDUSTRIAL BUILDINGS, 45 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)
Page (45) ORDINARY MEETING AGENDA 23 JUNE 2009
10.2 DA 09-0832 TWO LOT TORRENS TITLE SUBDIVISION, DEMOLITON OF SHED, CARPORT & FERNERY & ERECTION OF GARAGE - 224 PATERSON ROAD, BOLWARRA HEIGHTS RECOMMENDATION: APPROVAL
File No: DA 09-0832 Attachments: 1. Locality Plan 2. Development Plan 3. Submissions Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation David Simm - Manager Development and Environment Stephen Punch - Principal Planner Author: Anne Humphries - Team Leader/Town Planning Assistant
Applicant: Trent Dean Owner: Trent & Sally-Anne Dean Proposal: Two Lot Torrens Title Subdivision, Demolition of Shed, Carport & Fernery & Erection of Garage Location: 224 Paterson Road, Bolwarra Heights Zone: 2(a) Residential
EXECUTIVE SUMMARY
Development consent is sought from Council for a two lot Torrens Title Subdivision at 224 Paterson Road, Bolwarra Heights. The subject land is zoned 2(a) Residential under the Maitland Local Environmental Plan, 1993.
Torrens Title Subdivision is a permissible form of development in the 2(a) Residential Zone with Council consent and is consistent with the objectives of the zone.
The subject land has an area of 1554 sqm and is currently occupied by an older style weatherboard cottage which is situated towards the front of the site and ancillary buildings at the rear.
The proposal also includes the demolition of an old shed, carport and fernery and the erection of a garage associated with the existing dwelling. The proposed subdivision would result in Lot 21 – 691.4sqm and Lot 22 – 759.9sqm.
The application and associated plans were placed on public exhibition and notified in accordance with Council policy. As a result of the notification process, two submissions were received. The issues raised by the objectors are addressed in the body of this report. Whilst the objections raised are acknowledged, it is considered that they are not sufficient to warrant refusal of the proposed development.
Overall the proposal is consistent with the Maitland Local Environmental Plan, 1993 and the Maitland City Wide Development Control Plan. As such the application is recommended for approval subject to conditions.
Page (46) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-0832 TWO LOT TORRENS TITLE SUBDIVISION, DEMOLITON OF SHED, CARPORT & FERNERY & ERECTION OF GARAGE - 224 PATERSON ROAD, BOLWARRA HEIGHTS RECOMMENDATION: APPROVAL (Cont.)
OFFICER’S RECOMMENDATION
THAT
DA 09—832 for a Two Lot Torrens Title Subdivision on Lot 2 DP 594797 – 224 Paterson Road, Bolwarra Heights, be approved subject to the conditions of consent set out in the attached schedule.
INTRODUCTION
The development application seeks consent for a Torrens Title Subdivision of Lot 2 DP 594797 to form two new lots identified as Lot 21 & Lot 22 on the development plan (provided as Attachment 2). The proposal also includes the demolition of a garage and outbuildings and the construction of a garage ancillary to the existing dwelling on the subject site.
The proposed lots exceed Council’s size and dimension requirements for residential subdivision as defined in the Maitland City Wide Development Control Plan Chapter – Subdivisions.
BACKGROUND / SITE DESCRIPTION
The subject site is located at 224 Paterson Road, in the older section of Bolwarra Heights. The area is characterised by varying sized allotments from 581sqm to 1554sqm with the subject site being the largest in the immediate locality. The lot was created as part of a two lot subdivision in 1977 – DA 77-030 - with the previous allotment extending from Wesley Street through to Paterson Road and having an area of 2923sqm.
The site contains a number of trees including three mature pine trees, gum trees and fruit trees of several varieties.
Land use on adjoining properties is for residential purposes with all properties containing single storey dwellings. The subject site has a fall of around 1m from the north western corner down to Paterson Road with drainage being generally good, although this issue is raised by one of the objectors and is addressed later in this report.
PROPOSAL
The development application seeks consent for the Torrens Title subdivision of Lot 2 DP 59479 to form two new allotments being proposed Lot 21 – 691.4sqm and proposed Lot 22 – 759.9sqm. Proposed Lot 22 is situated at the rear of proposed Lot 21 with an access handle to Paterson Road. The application also seeks consent for the demolition of a garage, carport and fernery and the erection of a new garage to service the existing cottage on proposed Lot 21.
Page (47) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-0832 TWO LOT TORRENS TITLE SUBDIVISION, DEMOLITON OF SHED, CARPORT & FERNERY & ERECTION OF GARAGE - 224 PATERSON ROAD, BOLWARRA HEIGHTS RECOMMENDATION: APPROVAL (Cont.) It is proposed that a dwelling will be constructed on proposed Lot 22 which will be the subject of a future development application.
PLANNING ASSESSMENT
The proposal has been assessed under the relevant matters for consideration detailed in Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as follows:
Section 79C(1)(a)(i) provisions of any environmental planning instrument Local Environmental Plan
The subject land is zoned 2(a) Residential under the Maitland Local Environmental Plan 1993. The proposed development is defined under the LEP as “Subdivision” which is a permissible land use in the 2(a) zone with Council consent. The proposal is considered to be consistent with the zone objectives, as follows:
Zone 2(a) Residential a) To provide for 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. c) To ensure that development does not create unreasonable demands, in the present or in the future, for the provision or extension of public amenities or services
Regional Environmental Plan
The proposal is consistent with the objectives of the Hunter Regional Environmental Plan, providing varying sized allotments, greater housing choice and maximising the use of existing and future infrastructure.
State Environmental Planning Policies
Not relevant.
Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition
Not relevant
Section 79C(1)(a)(iii) any development control plan
Maitland City Wide Development Control Plan applies to the subject site and contains provisions which relate to residential subdivision. The main considerations for the proposed development are the criteria contained within the chapter – Subdivisions – as addressed below.
Page (48) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-0832 TWO LOT TORRENS TITLE SUBDIVISION, DEMOLITON OF SHED, CARPORT & FERNERY & ERECTION OF GARAGE - 224 PATERSON ROAD, BOLWARRA HEIGHTS RECOMMENDATION: APPROVAL (Cont.) Chapter Subdivisions
“Residential subdivision means subdivision of land into relatively small lots for single dwelling houses, dual occupancies, townhouses and the like, and in Maitland will generally occur in the Residential 2(a) zone.”
Clause 4.3 of the DCP Chapter contains specific provisions for urban residential subdivisions which are addressed below:
The proposal meets the requirements for minimum lot size with both proposed lots exceeding 450sqm. The DCP states that a suitable building envelope with minimum dimensions of approximately 15 metres x 10 metres shall be provided behind the building line. A dwelling already exists on proposed Lot 21. The configuration of proposed Lot 22 is such that the building envelope requirements will easily be achieved. All utility services are available to the site. The site is not flood or bushfire affected and is not contained within a heritage conservation area. The access handle to Paterson Road is 4m wide – the DCP requires a minimum width of 3.5m. The subdivided lots are considered to be of a sufficient size and dimension to allow for ancillary buildings, adequate vehicle access and solar access.
The DCP also requires Council to have regard to the circumstances and planning rationale that formed the basis for the creation of the parent lot the subject of an application. The original subdivision pattern for this area was established by the registration of DP 39273 in the late 1950’s with no specific character statements provided for subdivisions at that time. As stated previously, the area is characterised by varying sized allotments from 581sqm to 1554sqm with the subject site being the largest in the immediate locality. It is therefore considered that the proposed lots will be consistent with the overall low density nature of lots in the area.
Although battleaxe blocks are not common in the precinct, the owners could have alternatively sought approval for a detached dual occupancy development at the rear of the existing dwelling which would result in the same physical outcome – a dwelling at the rear with a driveway handle alongside the existing dwelling.
The proposed development is considered to be generally compliant with all other relevant clauses of the DCP chapter. It will create two Torrens Title allotments which are free from bushfire threat, flood inundation, land slip and flora and fauna constraints. The orientation of the proposed Lot 22 is such that it will enjoy a northerly aspect allowing solar access to be maximised.
Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph)
Not relevant
Page (49) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-0832 TWO LOT TORRENS TITLE SUBDIVISION, DEMOLITON OF SHED, CARPORT & FERNERY & ERECTION OF GARAGE - 224 PATERSON ROAD, BOLWARRA HEIGHTS RECOMMENDATION: APPROVAL (Cont.) 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
Environmental Impacts
The proposal seeks to subdivide one lot into two. The physical works associated with this development include the demolition of a garage and ancillary buildings and the erection of a new garage. The property is quite densely vegetated with a variety of tree species, shrubs and climbing plants. The proposal includes the removal of seven trees which is proposed to take place during the demolition stage. The trees to be removed include three mature pine trees a gum tree and other introduced species. Although the pine trees are mature and their removal may result in the loss of some amenity in the immediate area, they are not native to the area, are not considered to be of ecological significance, and are not habitat trees. The trees are centrally located and would necessarily have to be removed to accommodate any future dwelling on proposed Lot 22. It is therefore considered to be appropriate that they be removed in conjunction with the demolition of the ancillary buildings.
Impacts on the Built Environment
Whilst the proposed subdivision of the land will not impact on the built environment, the applicant has indicated that the purpose of the subdivision is to allow for the construction of a new dwelling on proposed Lot 22. This dwelling would be the subject of a future development application and would be assessed against the provisions of the Maitland City Wide Development Control Plan – Residential Design.
Social & Economic Impacts
It is considered that the proposal will have no significant adverse social or economic impact in the locality. It will provide additional housing opportunities and a variety of lot sizes to accommodate the needs of the community.
Section 79C(1)(c) the suitability of the site for the development
The site is located in a residential area where existing infrastructure and services are available. The size and configuration of the proposed lots suggests that they are capable of accommodating an additional dwelling and that there will be sufficient private open space for the occupants. The site is therefore considered to be conducive to the development.
Section 79C(1)(d) any submissions made in accordance with this act or the regulations
The development application and accompanying information were placed on public exhibition for a period of 14 days from 11 May to 25 May 2009. As a result of the notification process two submissions were received and are provided as Attachment 3 to this report.
Page (50) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-0832 TWO LOT TORRENS TITLE SUBDIVISION, DEMOLITON OF SHED, CARPORT & FERNERY & ERECTION OF GARAGE - 224 PATERSON ROAD, BOLWARRA HEIGHTS RECOMMENDATION: APPROVAL (Cont.) The main issues raised by the objectors are summarised below and comment provided:
Issue 1
It is an overdevelopment of the site
Comment
Although the subdivision design is not typical of the subdivision pattern in the area, the resulting average density for this site will be one dwelling per 777sqm. This type of relatively low density and low impact development is considered appropriate in terms of providing wider housing choice without any substantial negative impacts on the character of what will remain an essentially low density residential precinct. It is also noted that there are several properties in the immediate locality which are similar in size to the lots proposed as part of this subdivision.
Issue 2
Another driveway onto an already overcrowded main road is only going to attract more congestion on our highly stressed traffic way.
Comment
The subject site retains two existing driveway access points to Paterson Road, one of which will be used to access proposed Lot 22. The subject site is located on a straight section of Paterson Road with good sight distance in both directions. It is anticipated that traffic generated by the proposed subdivision and resultant additional dwelling will be minimal and that the existing local road network will be adequate to cater for any minor increase in traffic likely to be created by the proposal.
Issue 3
If this goes ahead we will have lost all our privacy.
Comment
The proposed subdivision is unlikely to adversely impact on the privacy of adjoining residents. The size of the proposed lots and separation distance suggests that the privacy of residents and neighbours will be maintained. The existing fencing between adjoining lots is of steel mesh with climbing vegetation growing over it to form a dense bush-like separation between the properties. It is considered that this adds to the character of the area, however, should adjoining property owners desire a more formal type of fencing to provide additional privacy, this will be a matter for the parties involved.
Page (51) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-0832 TWO LOT TORRENS TITLE SUBDIVISION, DEMOLITON OF SHED, CARPORT & FERNERY & ERECTION OF GARAGE - 224 PATERSON ROAD, BOLWARRA HEIGHTS RECOMMENDATION: APPROVAL (Cont.) Issue 4
We also oppose the lopping of all trees on the property in question as there is a lot of wildlife that call these trees their home.
Comment
As stated earlier in the report there are several mature trees on the property which will require removal to allow for the demolition of the ancillary structures. The trees to be removed include three mature pine trees a gum tree and other introduced species. Although the pine trees are mature and their removal may result in the loss of some amenity in the immediate area, they are not native to the area, are not considered to be of ecological significance, and are not habitat trees. It is therefore considered that the removal of the trees will not significantly impact on wildlife in the area.
Issue 5
Lot 22 poses a worry with water drainage. After heavy rain, water runs off the property into my property and pools anything up to 15cm deep then drains into my neighbour’s property.
Comment
The applicant has provided a stormwater management plan as part of the proposal. The plan indicates that stormwater flows from the existing house will continue to be directed towards Paterson Road, via piped and overland flow. Drainage for proposed lot 22 will be via an IAD line to be positioned adjacent to the north eastern boundary of proposed Lot 21 with a drainage easement required to provide legal access over proposed Lot 21. Further, requirements for on-site detention and stormwater quality measures will be dealt with via a separate development application for the dwelling proposed for Lot 22. Therefore, it is considered that the proposed subdivision of the land will have no impact on the current drainage situation in the area and upon further development of proposed lot 22, the aforementioned on-site detention and stormwater measures will alleviate the drainage issues which are currently affecting the adjoining property. 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.
Page (52) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-0832 TWO LOT TORRENS TITLE SUBDIVISION, DEMOLITON OF SHED, CARPORT & FERNERY & ERECTION OF GARAGE - 224 PATERSON ROAD, BOLWARRA HEIGHTS RECOMMENDATION: APPROVAL (Cont.)
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 (53) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-0832 TWO LOT TORRENS TITLE SUBDIVISION, DEMOLITON OF SHED, CARPORT & FERNERY & ERECTION OF GARAGE - 224 PATERSON ROAD, BOLWARRA HEIGHTS RECOMMENDATION: APPROVAL (Cont.) SCHEDULE OF CONDITIONS
Reason for Conditions
The following conditions have been applied to the development, subject of this consent, to ensure that the development meets the requirements of the NSW Environmental Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment Regulation 2000, and the various policies and development controls of Maitland City Council and other government agencies relevant to the development being undertaken.
1 APPROVED PLANS AND DOCUMENTATION
The proposed subdivision shall be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule, and any amendments to those plans arising through conditions of this consent.
Plan Ref. Sheet Rev n Revision Prepared by: No No No Date (consultant) 0935_DEAN 1 OF 2 Acroplan Planning & Engineering 0935_DEAN 2 OF 2 Acroplan Planning & Engineering
2 CONTRIBUTIONS & FEES
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 $11,830 shall be paid to the 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 1 x $4,574 $4,574 2006(A) Citywide Road & Traffic Facilities 1 x $4,250 $4,250 2006(A) Citywide Cultural Facilities 1 x $821 $821 2006(A) Citywide Cycleways/Shared Paths 1 x $188 $188 2006(A) Citywide Community Facilities 1 x $1,823 $1,823 2006(A) Citywide Management/Admin 1 x $174 $174 ______$11,830
The above contributions rates are indexed, at least annually, with reviewed rates to apply from 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.
Page (54) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-0832 TWO LOT TORRENS TITLE SUBDIVISION, DEMOLITON OF SHED, CARPORT & FERNERY & ERECTION OF GARAGE - 224 PATERSON ROAD, BOLWARRA HEIGHTS RECOMMENDATION: APPROVAL (Cont.)
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 & PLANS
3 Prior to the issue of the Subdivision Certificate, “house numbering” and “subdivision certificate” fees, in accordance with Council’s Schedule of Fees and Charges, shall be paid to Council.
4 Prior to issue of the Subdivision Certificate, original plans and/or documents of survey/title, and four copies, shall be submitted to Council.
5 Prior to issue of the Subdivision Certificate, a certificate of compliance under Section 50 of the Hunter Water Act 1991 for this development shall be submitted to Council.
6 Prior to issue of the Subdivision Certificate, documentary evidence from the suppliers of electrical power, and communications (and including gas if applicable), confirming that satisfactory arrangements have been made for the installation of infrastructure services, shall be submitted to Council.
VEHICLE ACCESS
7 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.
8 Prior to issue of the Subdivision Certificate the driveway layout and profile, from the road pavement to the property boundary and along the full length of the “handle” of lot 22 shall be constructed, in accordance with the approved design and Council’s standard drawings SD007, SD008, SD009, SD010 & SD012 in the Manual of Engineering Standards, (also with reference to Council’s information document “Footway Crossings – Driveways”).
Page (55) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-0832 TWO LOT TORRENS TITLE SUBDIVISION, DEMOLITON OF SHED, CARPORT & FERNERY & ERECTION OF GARAGE - 224 PATERSON ROAD, BOLWARRA HEIGHTS RECOMMENDATION: APPROVAL (Cont.)
9 Prior to issue of the Subdivision Certificate, redundant vehicle driveway laybacks shall be removed and reinstated as new kerb to match the existing adjacent kerb.
STORMWATER DRAINAGE
10 Prior to issue of the Subdivision Certificate, an Inter-Allotment Drainage stormwater pipeline, (minimum size of 150mm diameter and including a grated surface inlet pit), shall be provided to service the benefiting lot, in accordance with Council’s Manual of Engineering Standards.
11 Prior to commencement of construction of the Inter-Allotment Drainage, a Construction Certificate for the stormwater drainage, being a design prepared in accordance with Council’s Manual of Engineering Standards, shall be issued by Council.
LAND TITLE
12 An easement under Section 88B of the Conveyancing Act, and in accordance with Council’s Manual of Engineering Standards, shall be created to cover the inter- allotment stormwater drainage line.
ADVICES 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 You are advised that where works on the footway are required or necessary (such as a driveway), further consent must be obtained from Council. Refer to Council’s “Application to Construct Private Works on Footway”. The appropriate fee should be paid with the application. Inspection of works (formwork, reinforcement) must be carried out by Council.
B You are advised that the issue of this development consent does not negate the responsibility of the land owner in respect to any restriction, covenant or easement applicable to this property and that Council will not be held responsible when action on this consent results in any loss or damage by way of breach of matters relating to title of the property.
Page (56) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-0832 TWO LOT TORRENS TITLE SUBDIVISION, DEMOLITON OF SHED, CARPORT & FERNERY & ERECTION OF GARAGE - 224 PATERSON ROAD, BOLWARRA HEIGHTS RECOMMENDATION: APPROVAL (Cont.)
Service Planning and Regulation Reports
DA 09-0832 TWO LOT TORRENS TITLE SUBDIVISION, DEMOLITON OF SHED, CARPORT & FERNERY & ERECTION OF GARAGE - 224 PATERSON ROAD, BOLWARRA HEIGHTS RECOMMENDATION: APPROVAL
Locality Plan
Meeting Date: 23 June 2009
Attachment No: 1
Number of Pages: 1
Page (57) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-0832 TWO LOT TORRENS TITLE SUBDIVISION, DEMOLITON OF SHED, CARPORT & FERNERY & ERECTION OF GARAGE - 224 PATERSON ROAD, BOLWARRA HEIGHTS RECOMMENDATION: APPROVAL (Cont.)
Page (58) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-0832 TWO LOT TORRENS TITLE SUBDIVISION, DEMOLITON OF SHED, CARPORT & FERNERY & ERECTION OF GARAGE - 224 PATERSON ROAD, BOLWARRA HEIGHTS RECOMMENDATION: APPROVAL (Cont.)
Service Planning and Regulation Reports
DA 09-0832 TWO LOT TORRENS TITLE SUBDIVISION, DEMOLITON OF SHED, CARPORT & FERNERY & ERECTION OF GARAGE - 224 PATERSON ROAD, BOLWARRA HEIGHTS RECOMMENDATION: APPROVAL
Development Plan
Meeting Date: 23 June 2009
Attachment No: 2
Number of Pages: 1
Page (59) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-0832 TWO LOT TORRENS TITLE SUBDIVISION, DEMOLITON OF SHED, CARPORT & FERNERY & ERECTION OF GARAGE - 224 PATERSON ROAD, BOLWARRA HEIGHTS RECOMMENDATION: APPROVAL (Cont.)
Page (60) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-0832 TWO LOT TORRENS TITLE SUBDIVISION, DEMOLITON OF SHED, CARPORT & FERNERY & ERECTION OF GARAGE - 224 PATERSON ROAD, BOLWARRA HEIGHTS RECOMMENDATION: APPROVAL (Cont.)
Service Planning and Regulation Reports
DA 09-0832 TWO LOT TORRENS TITLE SUBDIVISION, DEMOLITON OF SHED, CARPORT & FERNERY & ERECTION OF GARAGE - 224 PATERSON ROAD, BOLWARRA HEIGHTS RECOMMENDATION: APPROVAL
Submissions
Meeting Date: 23 June 2009
Attachment No: 3
Number of Pages: 2
Page (61) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-0832 TWO LOT TORRENS TITLE SUBDIVISION, DEMOLITON OF SHED, CARPORT & FERNERY & ERECTION OF GARAGE - 224 PATERSON ROAD, BOLWARRA HEIGHTS RECOMMENDATION: APPROVAL (Cont.)
Page (62) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-0832 TWO LOT TORRENS TITLE SUBDIVISION, DEMOLITON OF SHED, CARPORT & FERNERY & ERECTION OF GARAGE - 224 PATERSON ROAD, BOLWARRA HEIGHTS RECOMMENDATION: APPROVAL (Cont.)
Page (63) ORDINARY MEETING AGENDA 23 JUNE 2009
10.3 DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL
File No: DA 09-901 Attachments: 1. Locality Plan 2. Development Plans 3. Submissions Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation David Simm - Manager Development and Environment Stephen Punch - Principal Planner Author: Cindy Dickson - Town Planner
Applicant: Advantage NSW Pty Ltd Owner: Thelma Naranjo Proposal: Signage, Awning & Minor Alterations to Existing Building Location: 101-103 New England Highway, Lochinvar Zone: 2(a) Residential
EXECUTIVE SUMMARY
Development consent is sought from Council for signage, an awning and minor alterations to an existing building at 101-103 New England Highway, Lochinvar. The subject land is zoned 2(a) Residential under Maitland Local Environmental Plan, 1993.
The subject site is currently being utilised for a newsagency, post office, take away (café), general store and a mobile food sales van. These uses are considered generally consistent or ancillary to the definition of a Convenience Store under the Maitland Local Environmental Plan, 1993. The subject proposal for signage, an awning and alterations to the existing building is ancillary to the use of the site as a Convenience Store and is permissible in the 2(a) Residential zone with Council consent.
The proposal involves a new business identification sign, an awning on the western side of the existing building and minor alterations to the existing building. The alterations will incorporate a masonry wall, replacing a damaged section of the verandah and replacing the existing boarded windows with three sets of bi-fold doors to match those on the front façade. The awning, sign and bollard proposed are all contained within the existing site boundaries.
Initially the subject proposal included provision for an outdoor dining area and an extendable awning which extended beyond the western boundary of the property. These aspects of the proposal were withdrawn by the applicant due substantial issues regarding safety for traffic and pedestrians.
Page (64) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL (Cont.) The application was notified for a period of 14 days and during the period two (2) submissions were received. The key issues raised include pedestrian and traffic safety. The issues are addressed in the body of this report, however, it is considered that the issues raised are not significant enough to warrant refusal of the application. Accordingly, it is recommended the application be approved subject to conditions.
OFFICER’S RECOMMENDATION
THAT
1. DA 09-901 for signage, an awning and minor alterations to an existing building on 101-103 New England Highway, Lochinvar (Lots 100 & 101 DP849635) be approved, subject to the conditions of consent set out in the attached schedule.
INTRODUCTION
The purpose of this report is to provide Council with an assessment of the development proposal to enable the determination of the application. The application is put before Council due to the receipt of two (2) submissions during the notification process.
BACKGROUND / SITE DESCRIPTION
The subject site has frontages to both the New England Highway and Occupation Lane and comprises two adjoining lots (Lots 100-101 DP849635, 101 & 103 New England Highway, Lochinvar). The existing single storey building on the site extends over both lots.
The current use of the premises includes a newsagency, post office, take away (café) and general store. These uses are considered generally consistent or ancillary to the definition of a Convenience Store under the Maitland Local Environmental Plan, 1993. A mobile food sales van is also approved for use within the car parking area of the site.
Initially the subject proposal included provision for an outdoor dining area and an extendable awning which extended beyond the western boundary of the property. The outdoor dining aspect of the proposal was withdrawn by the applicant due to an inability to meet the requirements of Council’s DCP Chapter ‘Outdoor Dining’. It was considered that the public space was not wide enough to accommodate an outdoor dining area while still maintaining a clear pathway of travel or vehicles and pedestrians using the road reserve. In addition, the extendable awning was also withdrawn by the applicant due to potential interference with road users.
The site is relatively flat with a slight fall from Occupation Lane through to the Lochinvar Public School site to the east. The site and building is shown in Figures 1 and 2 below.
Page (65) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL (Cont.)
Figure 1 – Site Aerial Map
Page (66) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL (Cont.) Figure 2 – Existing building - Looking south east from New England Highway
PROPOSAL
The proposal incorporates a new business identification sign, a bollard, an awning on the western side of the existing building and minor alterations to the existing building. The alterations will incorporate a masonry wall with stone finish in conjunction with the sign, replacing a damaged section of the verandah and replacing the existing boarded windows with three sets of bi-fold doors to match those on the front façade. The awning, sign and bollard proposed are all contained within the existing site boundaries.
The location of the proposed signage, awning and alterations are on the western façade of the existing building, which is shown in Figure 3 below.
Figure 3 – Existing building - Looking south east from New England Highway
The application proposal is illustrated more clearly on the application plans contained at Attachment 2 of this report.
PLANNING ASSESSMENT
The proposal has been assessed under the relevant matters for consideration detailed in Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as follows:
Page (67) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL (Cont.) Section 79C(1)(a)(i) provisions of any environmental planning instrument
Local Environmental Plan
The subject land is zoned 2(a) Residential under Maitland Local Environmental Plan 1993. The existing use of the site is defined under the LEP as “Convenience Store” which is a permissible land use in the 2(a) zone with Council consent. The proposal is considered to be ancillary to this use and is consistent with the zone objectives in that it would enhance the viability of an approved use on the site which is compatible with the character of the area and maintains the domestic scale of the existing building.
Regional Environmental Plan
The proposal satisfies the aims and objectives of the Hunter Regional Environmental Plan 1989 in terms of generating economic development and employment opportunities and the orderly use of the land.
State Environmental Planning Policies
State Environmental Planning Policy 64 – Advertising & Signage
The Business Identification Sign component of the proposal satisfies the aims and objectives of SEPP64 in respect of its compatibility with the desired amenity and visual character of the area, its effective provision of communication in the location and its appropriate design, scale and form for both the building and the streetscape setting.
All other provisions outlined in SEPP64 including positioning of the sign are considered acceptable.
Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition
No draft environmental planning instruments apply to the development.
Section 79C(1)(a)(iii) any development control plan
Maitland City Wide Development Control Plan Chapter ‘Outdoor Advertising’
The applicant proposes to locate one business identification sign on the north western wall of the existing building. The sign will sit on a proposed masonry wall and will read ‘Outpost Café’. The sign is approximately 2.4 metres in height, with an arc width of approximately 2.175 metres. The proposed sign is considered appropriate in location, design and dimension, and therefore complies with the requirements of this chapter of the DCP.
Page (68) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL (Cont.) Maitland City Wide Development Control Plan Chapter ‘Advertisement/Notification of Development Applications’
The application was notified for a period of 14 days from 25 May 2009 to 8 June 2009. Council received two (2) submissions in response to the application and the issues raised are considered under Section 79C(1)(d) in this report.
Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph)
The Environmental Planning & Assessment Regulation 2000 does not trigger any additional issues to be considered.
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 development is not expected to result in any significant impacts to the natural and built environments, or social or economic impacts in the locality. The proposal is considered suitable with respect to context, setting, building appearance and complies with the requirements of the Building Code of Australia.
The proposed bi-fold doors will replace the existing boarded windows on the western façade. The doors are consistent with the existing building and shall substantially enhance its appearance. The proposed sign and masonry wall will also replace an existing boarded section of the building and given the prominent position of this building on the highway, the proposed works will improve the overall appearance of the store.
The proposed awning on the western façade will extend to the property boundary in line with the existing kitchen wing at the rear. It will include a drop down weather curtain which shall assist in sheltering the doors from the weather when required.
The proposal will not alter existing arrangements for access, transport and traffic including parking, operational details, privacy and noise. The proposal maintains the convenience store use of the existing building and as such no adverse impacts in the locality are anticipated.
Section 79C(1)(c) the suitability of the site for the development
The premises currently accommodates an established convenience store. The development involves only minor works including the erection of a sign, an awning, installation of doors and a masonry wall. The principle of the use of the site for a convenience store has already been established and therefore it is considered that the minor building alterations would have no significant adverse impacts. The site is therefore capable of accommodating the proposed development.
Page (69) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL (Cont.) Section 79C(1)(d) any submissions made in accordance with this act or the regulations
Public Submissions The development application and accompanying information were placed on public exhibition for a period of 14 days from 25 May 2009 to 8 June 2009. As a result of the notification process, a total of two (2) submissions were received and are provided as Attachment 3 to this report.
The main issues raised by the objectors are summarised below and comment provided:
“Occupation Lane, Lochinvar is a pedestrian thoroughfare… we are concerned that if further signage were erected on the corner of the Laneway it will make an already dangerous situation potentially fatal, as the existing shop structure does not allow any vision along the footpath access on New England Highway… If signage is extended a further metre into Occupation Lane as proposed vision would be almost totally impaired to motorists and therefore create an extremely dangerous and potentially fatal situation”. Planner's Comment The signage extends to the western property boundary in line with the existing kitchen wing at the rear and the proposed awning (as shown in figure 4 below). The sign splays across the corner of the site in an arc shape and sight distance will not be further restricted beyond that of the existing arrangement. The installation of the bollard in the north western corner of the site shall discourage vehicles from travelling onto the footpath and enhance the safety of pedestrians.
Page (70) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL (Cont.)
Figure 4 – Looking south from New England Highway down Occupation Lane
“A number of vehicles associated with 101-103 New England Highway also use the laneway to park their vehicles partially on the section proposed for the construction of an awning and outdoor dining facility and on the footpath which prevents pedestrian access to the footpath area of Occupation Lane… We are concerned that by extending the shop structure further towards the roadway on Occupation Lane this would almost certainly cause vehicles to be parked on the laneway itself, forcing pedestrians into the centre of the laneway… We feel that should Maitland City Council approve this facility then consideration should be given to the erection of ‘No Stopping’ signs along that section of Occupation Lane in order to ensure pedestrian access to the footpath is available at all times”. Planner's Comment This matter has been passed onto Council’s Traffic Committee who will investigate the implementation of ‘no parking/no stopping’ signs in this area. In addition, the outdoor dining aspect of the proposal has been withdrawn, therefore the development will be confined to within the existing property boundaries, not impeding the footpath.
“Occupation Lane is a small lane which is used for residents accessing their properties. The Laneway is wide enough for only one vehicle to access the laneway at a time. It does not have the facilities for two vehicles to pass and requires one vehicle to pull onto the footpath area to allow a passing vehicle to enter or exit the
Page (71) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL (Cont.) laneway. This could pose a potentially dangerous situation to patrons of 101-103 New England Highway should access to the shop and the outdoor dining facility be erected along Occupation Lane”. Planner's Comment The outdoor dining aspect of the proposal has been withdrawn by the applicant and the development is therefore confined to within the existing property boundaries. The lane pavement is ‘single lane’ and its operation for passing traffic necessitates the use of the verge for vehicle clearance when passing. The property awning and sign up to the property boundary are not considered detrimental to property users as the existing kitchen wing already extends to the property boundary, therefore passing of traffic will not be further restricted beyond that of the existing arrangement.
“If an outdoor dining facility is permitted to be erected to the boundary of the property we are concerned that patrons will try to park their vehicles in Occupation Lane which will cause impaired vision to resident vehicles when driving along the laneway”. Planner's Comment As previously stated, the outdoor dining aspect of the proposal was withdrawn by the applicant and is not being approved as part of this consent.
“In addition to the illegal parking, we stress that Occupation Lane does not have the capacity to cope with increased volumes of traffic as it is not large enough for two vehicles to safety pass each other” and “where are the customers going to park?” Planner's Comment The proposal maintains the existing uses of the building. The subject proposal (which no longer incorporates outdoor dining), will not result in an increase in the existing floor area of the building and therefore is not likely to generate significantly more traffic beyond that of the existing levels.
“It is our understanding that current building regulations stipulate that no permanent building or structure shall be erected within one meter of any boundary. The proposed awning and outdoor dining facility is to be erected right in the immediate boundary of the property and appears to be a permanent structure”. Planner's Comment Under the provisions of the Building Code of Australia (BCA), structures may extend to the boundary subject to general fire safety considerations. The proposal has been assessed by Council’s District Building Surveyor who has determined the proposal complies with requirements of the BCA.
Page (72) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL (Cont.) “What are the hours of operation going to be? Are they going to be business hours or will it extend to after hours or late into the evening?”. Planner's Comment The proposal will not alter the existing hours of operation or the convenience store use of the building and as such no adverse impacts in the locality are anticipated.
“Who is going to be responsible for the garbage created? The current owner of the shop refuses to put a garbage bin out the front of the shop for collection of rubbish. Every week, I put rubbish in my garbage bin that has collected out the front of our house from his business”. Planner's Comment This issue raised relates to the operation of the existing business and waste management practices, therefore the matter has been passed onto Council’s Environmental Health Officer who will investigate the issue.
“What about the privacy issue? I have no problem with the fact there is already outdoor dining on the front verandah, but down the side of the shop”. Planner's Comment As previously stated, the outdoor dining aspect of the proposal was withdrawn by the applicant and is not being approved as part of this consent.
“What about the noise pollution? I am a shift worker who regularly works night shift”. Planner's Comment The proposal no longer incorporates outdoor dining, therefore is not likely to generate significantly more noise beyond that of the existing levels.
“The grease extractor fan. During daytime hours and with the right wind conditions, you cannot open windows and doors. Also the house gets a coating of grease which then has to be degreased”. Planner's Comment This issue raised relates to the operation of the existing business and environmental health practices, therefore the matter has been passed onto Council’s Environmental Health Officer who will investigate the issue.
Submissions from public authorities No submissions were received from any Public Authorities.
Page (73) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL (Cont.) Section 79C(1)(e) the public interest
The proposed development is consistent with the existing building use and shall not result in any significant environmental impacts, therefore it is considered appropriate in terms of the broad public interest.
Issue Commen 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 (74) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL (Cont.) Schedule of Conditions DA 09-901
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 of this consent or as shown in red colour on the plans:
Plan Ref. Sheet Rev n Revision Prepared by: No No No Date (consultant) Cover Page 1 of 3 DA1 3.6.09 Advantage Site Plan 2 of 3 DA1 3.6.09 Advantage Floor Plan / Elevations 3 of 3 DA1 3.6.09 Advantage
BEFORE ANY WORK COMMENCES
2. At least two days before any site works, building or demolition begins, the applicant must:
a) Ensure that a “Construction Certificate” issued by an accredited Principal Certifying Authority (PCA) is obtained prior to commencing any construction works, and
b) Where Council is not the PCA, submit to Council a “Notice of Appointment” of the PCA at least two (2) days prior to the commencement of construction works.
3. Where Council is the PCA the applicant shall submit to Council a “Notice of Commencement” at least two (2) days prior to the commencement of construction works.
4. Before any site works, building or demolition begins, the applicant must:
a) notify Council of the name, address, phone number and licence number of the Principal Building Contractor and, where applicable, Home Owners Warranty Insurance details, and
b) erect signage at the front of the property with the PCA’s and Principal Contractor's name, and contact number, site address and the number given
Page (75) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL (Cont.) by the Council to the application for the development approval, and
c) provide temporary on-site toilet facilities if access to existing toilets is not adequate, and
d) protect and support any neighbouring buildings and land, and
e) protect any public land or place from obstruction, inconvenience or damage due to the carrying out of the development, and
f) prevent any substance from falling onto any public land or place, and
g) provide suitable and adequate measures to restrict public access to the site and building works, materials and equipment, and
h) pay any Section 94 contributions if required by a contributions plan applying to the land, and
i) comply with any other conditions prescribed by the Environmental Planning & Assessment Regulation.
Note: Various items do not impose a requirement on an applicant where complied with by the builder.
SITE MANAGEMENT
5. Run-off and erosion controls must be implemented before construction to prevent soil erosion, water pollution or the discharge of loose sediment on surrounding land, as follows:
a) divert uncontaminated run-off around cleared or disturbed areas, and
b) erect a silt fence to prevent debris escaping into drainage systems or waterways, and
c) prevent tracking of sediment by vehicles onto roads, and
d) stockpile topsoil, excavated material, construction and landscaping supplies and debris within the site. In particular, no building materials, refuse or spoil shall be deposited on, or be allowed to remain on, Council's footpath.
6. Removal or disturbance of vegetation and topsoil must be confined to within 3 metres of the proposed building.
Page (76) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL (Cont.) DEMOLITION
7. Any demolition works authorised by the certificate are to be carried out in accordance with AS 2601 - 1991 ‘The Demolition of Structures’ and comply with any Council policy on waste management.
DRAINAGE
8. The completed building is to have a drainage system so that:
a) the land surrounding any structure is graded to divert surface water to the street, and is clear of existing and proposed structures and adjoining premises, and
b) if the water drains to the rear of the property, it is collected and drained via a gravity system to a Council stormwater line or disposed of in a manner consistent with Council's soil and water management policy.
HOURS OF WORK
9. Any building work must be carried out between 7.00am and 6.00pm Monday to Fridays, and 7.00am to 5.00pm Saturdays, with no work permitted on Sundays or public holidays that may cause offensive noise.
CONSTRUCTION WORKS
10. All building work must be carried out in accordance with the provisions of the Building Code of Australia and in a professional and tradesperson like manner.
GENERAL
11. 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.
AT THE COMPLETION OR WORKS
12. The site is to be cleared of all building refuse and spoil immediately after completion of the building/structure.
13. The applicant shall comply with all of the conditions within this schedule prior to occupancy or use of the proposed development.
ADVISORY NOTES:
A. The owner and applicant should note that the issue of this development consent does not amount to a release, variation or modification by Council of any covenant or ‘restriction as to user’ applicable to this property and that any action taken by the applicant in accordance with the consent which results in any loss or damage by way of breach of the covenant will not be the responsibility of Council.
Page (77) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL (Cont.) B It is the Applicant's responsibility to ensure compliance with any applicable requirements of the Federal Disability Discrimination Act, 1992 (DDA) and it should be noted that compliance with the Building Code of Australia may not necessarily meet the requirements of the DDA.
C The use of any building/s associated with this development consent shall not be changed from the BCA classification approved of to that of another BCA classification unless the change of use has been approved under the Environmental Planning and Assessment Act, 1979.
D The development or any portion of the development SHALL NOT BE USED OR OCCUPIED UNTIL an "Occupation Certificate Application" has been received and determined by the PCA and an Occupation or Interim Occupation Certificate has been issued.
Note: where Council is the PCA responsible for issuing the Occupation Certificate, the required fee and all associated information and certifications must accompany the application for the certificate. To ensure occupation or use of the development can occur in a timely fashion, the occupation certificate application should be submitted at the same time as the final mandatory critical stage inspection is being requested.
Page (78) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL (Cont.)
Service Planning and Regulation Reports
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL
Locality Plan
Meeting Date: 23 June 2009
Attachment No: 1
Number of Pages: 1
Page (79) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL (Cont.)
Page (80) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL (Cont.)
Service Planning and Regulation Reports
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL
Development Plans
Meeting Date: 23 June 2009
Attachment No: 2
Number of Pages: 3
Page (81) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL (Cont.)
Page (82) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL (Cont.)
Page (83) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL (Cont.)
Page (84) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL (Cont.)
Service Planning and Regulation Reports
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL
Submissions
Meeting Date: 23 June 2009
Attachment No: 3
Number of Pages: 4
Page (85) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL (Cont.)
Page (86) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL (Cont.)
Page (87) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL (Cont.)
Page (88) ORDINARY MEETING AGENDA 23 JUNE 2009
DA 09-901 SIGNAGE, AWNING & MINOR ALTERATIONS TO EXISTING BUILDING - LOT 100 AND 101 DP849635, 101-103 NEW ENGLAND HIGHWAY, LOCHINVAR RECOMMENDATION: APPROVAL (Cont.)
Page (89) ORDINARY MEETING AGENDA 23 JUNE 2009
10.4 ALCOHOL FREE ZONE - MAITLAND CENTRAL BUSINESS DISTRICT
File No: 21/44/1 Attachments: 1. Map - Proposed Boundary & Draft Signage Locations 2. Application by Central Hunter Local Area Command 3. Public Exhibition Submissions 4. Map - Existing Signage to be Removed 5. Signage - Minimum Requirement Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation Lynn Morton - Manager Community and Recreation Services Nicole Bennett - Community Planning Coordinator Author: Robert Kerr - Community Planner/Projects and Safety Previous Items: 10.6 - Alcohol Free Zone Maitland Central Business District - Ordinary Council - 27 January 2009 Current References: Alcohol Free Zone - Maitland Central Business District
EXECUTIVE SUMMARY
In January 2009 an application was received from NSW Police Service requesting the revision of the boundaries for the existing Alcohol Free Zone in Maitland Central Business District.
Subsequent to this request, at the Ordinary Meeting of Council on 27 January 2009, item 10.6, Council resolved to; “commence the required processes in accordance with the Ministerial Guidelines of the Local Government Act 1993 Part 4 – Street Drinking, including Public Exhibition, of the draft Alcohol Free Zone for Central Maitland”.
This report describes the procedures undertaken to process the application and provides feedback to Council from Public Exhibition of the proposal, and recommends that Council formally resolve to re-define the Central Maitland Alcohol Free Zone in accordance with the map included as Attachment 1.
OFFICER’S RECOMMENDATION
THAT
1. Council resolve to re-define the boundaries of the Central Maitland Alcohol Free Zone in accordance with this Report, section Proposed Boundary and Attachment 1. 2. Council makes provision for funding the financial implications associated with the costs for signage, as an addition to the 2009/2010 Management Plan. 3. Council commence the process of establishing the re-defined Central Maitland Alcohol Free Zone.
Page (90) ORDINARY MEETING AGENDA 23 JUNE 2009
ALCOHOL FREE ZONE - MAITLAND CENTRAL BUSINESS DISTRICT (Cont.) REPORT Background Information
In January 2009 an application was received from NSW Police Service requesting the revision of the boundaries for the existing Alcohol Free Zone in Maitland Central Business District. (Attachment 2)
Subsequent to this request, at the Ordinary Meeting of Council on 27 January 2009, item 10.6, Council resolved to; “commence the required processes in accordance with the Ministerial Guidelines of the Local Government Act 1993 Part 4 – Street Drinking, including Public Exhibition, of the draft Alcohol Free Zone for Central Maitland”.
Procedure The proposal was placed on Public Exhibition for the period 12 March 2009 to 17 April 2009. A copy of the proposal was also sent to:
The Belmore Hotel, The Caledonian Hotel, The Clubhouse Hotel, Grand Junction Hotel, Metropolitan Hotel, Queens Arms Hotel, Shenanigans at the Imperial, Hunter Valley Brewery, Maitland Leagues Club, Woolworths Liquor, Pender Place, Maitland Business Chamber, and NSW Police – Central Hunter LAC.
The above licensed premises, Maitland Business Chamber and NSW Police were allowed a further period in which to make a submission. This period closed on 8 May 2009.
Two submissions were received from the Public Exhibition period (Attachment 3). Both submissions were supportive of the proposal and suggested adjustments that would increase the size of the Zone. These submissions were forwarded to the Licensing Office of NSW Police, Central Hunter LAC. The Licensing Office agreed to include the Court House precinct within the new boundary
Proposed Boundary Taking into account the submissions received, the Central Maitland Alcohol Free Zone shall comprise roads or parts of roads (‘roads’ includes ‘footpaths’) and/or public car parks bounded by:
1. Riverside Walk from the Belmore Bridge east to Cathedral Street, then south to High Street. 2. From the Belmore Bridge south along Ken Tubman Drive and Alan Walsh Drive to and including Maitland Station railway overpass. 3. From Maitland Station railway overpass east covering Maitland Station car park to Elgin Street.
Page (91) ORDINARY MEETING AGENDA 23 JUNE 2009
ALCOHOL FREE ZONE - MAITLAND CENTRAL BUSINESS DISTRICT (Cont.) 4. From the railway line north along Elgin Street to the intersection of Olive Street then continuing into Bulwer Street to the intersection of Ken Tubman Drive. 5. East along Ken Tubman Drive from Bulwer Street to the Cinema car park and then north to High Street and then west to Cathedral Street, and including the Council leased Uniting Church car park in Ken Tubman Drive.
The Zone will also include a recommendation from the submissions received, being the Court House precinct bounded by:
1. The Belmore Bridge north along Sempill Street to and including the Council owned angled strip car parking area (adjacent to 44 Sempill Street. 2. West along the boundary between the Department of Mineral Resources and the Court House car park. 3. High Street and Ken Tubman Drive intersection north along High Street to the Anlaby Street roundabout.
Public Notification and Signage In accordance with the Ministerial Guidelines (2009) and the Local Government Act 1993 section 644B (3) and (4) Council must:
Publicly advise the establishment of an alcohol free zone, Provide new signage designating the alcohol free zone, and Remove the existing signage that does not comply with the Guidelines.
As a minimum and in consultation with the police, new signage is to be placed at the outer limits of the zone, at suitable intervals within the zone and at identified trouble spots. Preliminary discussions have been held with NSW Police Central Hunter LAC and a draft signage location has been included in Attachment 1. The signs must be consistent with the Guidelines and indicate the period of operation. An example of the minimum requirement is included as Attachment 5.
Signage Costings The constructing and installation of new signage that is consistent with the minimum requirements of the Guidelines is estimated to cost $300 per sign and the draft sign layout provides for 31 signs. Therefore the construction and erection of new signage is estimated at $9,300.
The removal of existing signage is estimated at $100 per sign. There are 43 signs located within the existing alcohol free zone (Attachment 4). Therefore the cost to remove existing signage is estimated at $4,300.
The total cost to remove the existing signage and construct and install the new signage is estimated at $13,600.
There is no provision for this financial cost in either Councils’ adopted budget of 2008-2009, or forward estimates. This Report recommends that Council provide funding to cover the cost of installing new signage and removing the old signage, as an addition to the 2009/2010 Management Plan.
Page (92) ORDINARY MEETING AGENDA 23 JUNE 2009
ALCOHOL FREE ZONE - MAITLAND CENTRAL BUSINESS DISTRICT (Cont.) CONCLUSION This Report describes the procedures undertaken to process the application made by NSW Police, Central Hunter LAC and provides feedback to Council from Public Exhibition, and recommends that Council formally resolve to re-define the Central Maitland Alcohol Free Zone.
The Report also provides a cost estimate for signage that will have a financial impact on the Councils’ adopted budget. The Report further recommends that Council provides for funding the estimated cost of signage, as an addition to the 2009/2010 Management Plan.
FINANCIAL IMPLICATIONS This matter has a direct financial impact upon Council's adopted budget or forward estimates. There is no provision for the costs associated with the installation of new signage and the removal of existing signage. The total cost estimate for this matter is $13,600.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page (93) ORDINARY MEETING AGENDA 23 JUNE 2009
ALCOHOL FREE ZONE - MAITLAND CENTRAL BUSINESS DISTRICT (Cont.)
Service Planning and Regulation Reports
ALCOHOL FREE ZONE - MAITLAND CENTRAL BUSINESS DISTRICT
Map - Proposed Boundary & Draft Signage Locations
Meeting Date: 23 June 2009
Attachment No: 1
Number of Pages: 1
Page (94) ORDINARY MEETING AGENDA 23 JUNE 2009
ALCOHOL FREE ZONE - MAITLAND CENTRAL BUSINESS DISTRICT (Cont.)
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ALCOHOL FREE ZONE - MAITLAND CENTRAL BUSINESS DISTRICT (Cont.)
Service Planning and Regulation Reports
ALCOHOL FREE ZONE - MAITLAND CENTRAL BUSINESS DISTRICT
Application by Central Hunter Local Area Command
Meeting Date: 23 June 2009
Attachment No: 2
Number of Pages: 4
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Public Exhibition Submissions
Meeting Date: 23 June 2009
Attachment No: 3
Number of Pages: 4
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ALCOHOL FREE ZONE - MAITLAND CENTRAL BUSINESS DISTRICT (Cont.)
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ALCOHOL FREE ZONE - MAITLAND CENTRAL BUSINESS DISTRICT (Cont.)
Service Planning and Regulation Reports
ALCOHOL FREE ZONE - MAITLAND CENTRAL BUSINESS DISTRICT
Map - Existing Signage to be Removed
Meeting Date: 23 June 2009
Attachment No: 4
Number of Pages: 1
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ALCOHOL FREE ZONE - MAITLAND CENTRAL BUSINESS DISTRICT (Cont.)
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Service Planning and Regulation Reports
ALCOHOL FREE ZONE - MAITLAND CENTRAL BUSINESS DISTRICT
Signage - Minimum Requirement
Meeting Date: 23 June 2009
Attachment No: 5
Number of Pages: 1
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ALCOHOL FREE ZONE - MAITLAND CENTRAL BUSINESS DISTRICT (Cont.)
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10.5 SITE WASTE MINIMISATION AND MANAGEMENT DEVELOPMENT CONTROL PLAN
File No: 103/138 Attachments: 1. Site Waste Minimisation & Management DCP Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation David Simm - Manager Development and Environment Stephen Punch - Principal Planner Author: Belinda Streeter - Town Planner Previous Items: 10.6 - Site Waste Minimisation and Management Development Control Plan - Ordinary Council - 12 May 2009
EXECUTIVE SUMMARY
Council resolved at its meeting on the 12th May 2009 to exhibit the draft Site Waste Minimisation and Management Chapter of the Maitland Citywide Development Control Plan (the Waste Not DCP). The draft plan was placed on public exhibition from 18th May 2009 to 15th June 2009. No submissions were received.
In this time period, the plan was reviewed by the Department of Environment and Climate Change (DECC). Following advice from DECC, additional provisions have been included for residential development. These inclusions have been further expanded in the body of the report.
As such, the amended chapter is now recommended for adoption.
OFFICER’S RECOMMENDATION
THAT
Pursuant to Clause 21 of the Environmental Planning and Assessment Regulation, 2000, the Site Waste Minimisation and Management Chapter is to be adopted as an amendment to the Maitland Citywide Development Control Plan and public notice be given in the local newspaper within 28 days of the decision being made.
REPORT As discussed in the previous report presented to Council in May 2009, waste management is a major environmental concern, with the building and construction industry a major contributor to waste. The implementation of effective waste management strategies, particularly in the planning stages to a development, has the potential to reduce the volumes significantly. KEY ADDITIONAL ASPECTS OF THE DCP The Waste Not DCP chapter has been amended since last presented to Council on 12th May, 2009. The changes respond to the comments provided by the
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SITE WASTE MINIMISATION AND MANAGEMENT DEVELOPMENT CONTROL PLAN (Cont.) Department of Environment and Climate Change (DECC) during the exhibition period and include minor amendments to wording to clarify some aspects of the document as well as the more significant addition of a new section requiring the extension of the waste management and minimisation controls to single detached residential development.
Council, in producing the initial draft Waste Not DCP did not consider it appropriate to apply the requirements for a Site Waste Management and Minimisation Plan (SWMMP) to applications for single dwellings, residential additions and ancillary residential development such as garage outbuildings etc. This approach was largely based on the fact that a SWMMP is not required for these same categories of development constructed as ‘complying development’ under the recently introduced Codes SEPP 2008 which aims to significantly increase the number of dwellings and other forms of residential developments approved as ‘complying development’. It was initially considered that a SWMMP should not be mandatory for development applications for single dwellings in order to achieve more equitable treatment of applications based on development type. That is, SWMMP’s should not be compulsory for any single dwelling proposal whether complying or requiring a development consent.
However the Department of Environment and Climate Change (DECC) have responded to the draft DCP advising that there are potentially a substantial number of single dwelling proposals which would not meet the complying development criteria prescribed under the Codes SEPP and hence there would be significant benefits in applying the waste minimisation and management controls to those dwellings the subject of a development application.
A dwelling house proposal cannot be considered as ‘complying development’ under the Codes SEPP 2008 where:
• the dwelling is to be located in a Heritage Conservation Area (including draft conservation area), or on a site listed as a Heritage Item or draft heritage item.
• the dwelling is to be located on a lot smaller than 450m2.
• the dwelling is to be located on Bush fire prone land.
• the dwelling is to be located on a ‘flood control’ lot.
• the dwelling is to be located on land identified on an Acid Sulfate Soils map
• the dwelling is to be located on land within 100m of land to which State Environmental Planning Policy No 14 – Coastal Wetlands applies
A development application would be required for all dwelling proposals in the above situations and hence the DECC maintain that there is benefit in making the submission of a SWMMP compulsory in these cases. The DECC also reinforced that the DCP should be sufficiently broad in its application to ensure the retention by Council of grant funding already received as part of the NSW Governments waste management reforms.
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SITE WASTE MINIMISATION AND MANAGEMENT DEVELOPMENT CONTROL PLAN (Cont.) In order to address the requirements for single dwellings, residential additions/ alterations and ancillary developments such as sheds which would require a standard development application and subsequent approval, Council has developed a simple pro forma Site Waste Management and Minimisation Plan to be used for residential development. This has been included in the Appendix of the DCP and will be distributed with the development application forms and included in Council’s Development Application Guide.
FINANCIAL IMPLICATIONS The implementation of this DCP is a requirement in meeting the criteria for Council to retain the Local Council Waste Service Performance Improvement Payment.
POLICY IMPLICATIONS The adoption of this DCP chapter as part of the Maitland Citywide Development Control Plan means it will become a potential matter for consideration for all development applications under Section 79C(1) of the Act.
STATUTORY IMPLICATIONS The statutory implications for the preparation and adoption of a DCP under the Environmental Planning and Assessment Act 1979 (as amended) and associated Regulations have been addressed.
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SITE WASTE MINIMISATION AND MANAGEMENT DEVELOPMENT CONTROL PLAN (Cont.)
Service Planning and Regulation Reports
SITE WASTE MINIMISATION AND MANAGEMENT DEVELOPMENT CONTROL PLAN
Site Waste Minimisation & Management DCP
Meeting Date: 23 June 2009
Attachment No: 1
Number of Pages: 31
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10.6 THE NAMING OF FRANCIS GREENWAY CREEK
File No: 26/8 Attachments: 1. Locality Plan Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation David Simm - Manager Development and Environment Stephen Punch - Principal Planner Author: Clare James - Heritage Officer
EXECUTIVE SUMMARY
There has been considerable interest for some years in the associations of colonial architect Francis Greenway with the Maitland Region. The Maitland City Heritage Group initiated a project in 2007 which resulted in the erection of a memorial at the entry to Glebe cemetery in 2008. A member of the community has now independently approached Council to consider the naming of Francis Greenway Creek and erection of signs at the bridge crossing on Woodberry Road, Woodberry.
OFFICER’S RECOMMENDATION
THAT
1. Council resolve to accept the naming proposal as outlined in this report subject to gazettal by the Geographical Names Board of NSW.
2. That two signs with the name ‘Francis Greenway Creek’ be erected at the bridge crossing on Woodberry Road.
REPORT As part of the investigations into the burial place of Francis Greenway, a historical report was undertaken by Cynthia Hunter in 2008. These investigations highlighted the existence of a Greenway Creek located at Woodberry.
The report found that ‘Greenway Creek’ has been a geographic marker, survey reference and feature since portion 58 was originally granted to Francis Greenway. It has been confirmed, however, that the name is not registered with the Geographic Names Board of New South Wales (GNB). The GNB has the role of assigning names to places and natural features. This report recommends that Council refer an application for the naming of the creek as ‘Francis Greenway Creek’.
The recent submission to Council also quotes an excerpt from ‘Early Australian Architects and Their Work’ by Morton Herman which states that:
‘In 1823 he took up his grant of eight hundred acres, choosing very poor ground on the right bank on the Hunter River, just below where Raymond Terrace now stands. Although good ground in the neighbourhood had not been taken up, including the site of Raymond Terrace itself, he chose part of Tarro Swamp, more than half of
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THE NAMING OF FRANCIS GREENWAY CREEK (Cont.) which is still sour marsh land. He has left his name on the map in the form of Greenways Creek.’
An opportunity also exists to erect signage at the bridge crossing on Woodberry Road to improve the interpretation of Greenway’s association with the area. The site of the bridge that crosses the creek is not within portion 58, but is a short distance north of Howard Farm, the name of Greenways original grant.
It is also noted that Greenway Avenue, Woodberry commemorates the family’s association with the area and is also a short distance from Howard Farm.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates. Costs associated with the proposed signage can be funded from within existing budget allocations.
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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THE NAMING OF FRANCIS GREENWAY CREEK (Cont.)
Service Planning and Regulation Reports
THE NAMING OF FRANCIS GREENWAY CREEK
Locality Plan
Meeting Date: 23 June 2009
Attachment No: 1
Number of Pages: 1
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THE NAMING OF FRANCIS GREENWAY CREEK (Cont.)
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10.7 DEPARTMENT OF AGEING DISABILITY AND HOME CARE FUNDING AGREEMENT FOR THE JULY 2009- JUNE 2011 PERIOD.
File No: 29/26 Attachments: Nil Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation Lynn Morton - Manager Community and Recreation Services Nicole Bennett - Community Planning Coordinator Author: Katherine Putica - Community Options Project Coordinator
EXECUTIVE SUMMARY
The Department of Ageing Disability and Home Care funds the Maitland Community Options Project, which is under the auspices of Council. The sum of $265,556 has been offered for the 1 July 2009- 30 June 2012 period.
The Department requires the following; (i) Two (2) copies of the funding agreement be signed and where applicable the common seal to be affixed (ii) Two (2) copies of the Goods & Services Tax-Recipient Created Tax Invoice Agreement be signed (iii) one (1) copy of the Schedule 1, Part F: Property Details to be completed.
OFFICER’S RECOMMENDATION
THAT
1. The grant of $265,566.00 per annum from the Department of Ageing Disability and Home Care for the operation of the Maitland Community Options Project be accepted for the period 1 July 2009- 30 June 2011. 2. Authority be given to affix the Common Seal of Council to two (2) copies of the 2009-2011 Funding Agreement for the Maitland Community Options Project and sign two (2) copies of the Goods and Services Tax- Recipient Created Tax Invoice Agreement. 3. One (1) completed Schedule 1, Part F: Property Details be completed and provided to the Department of Ageing Disability and Home Care.
REPORT The Department of Ageing Disability and Home Care funds the Community Options Project through the Home and Community Care (HACC) Program. The HACC Program is funded jointly by State and Federal Governments.
The Community Options Project uses a client focussed Case Management model to meet eligible clients support, care and social health needs and enable them to
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DEPARTMENT OF AGEING DISABILITY AND HOME CARE FUNDING AGREEMENT FOR THE JULY 2009- JUNE 2011 PERIOD. (Cont.) maintain maximum independence in the community within the parameters of the HACC Program.
The model aims to achieve quality, cost effective client outcomes through clear communication between the case manager, the client and all formal and informal support providers and through the effective use of available resources.
The Maitland Community Options Project has been under the auspices of Council since 1995 to ensure that case management support is available to people who reside in Maitland LGA that are HACC eligible clients. That is older and frail persons aged over sixty five (65) years with moderate, severe or profound disabilities or younger persons with moderate, severe or profound disabilities who in the absence of basic maintenance and support services provided or to be provided within the scope of the Program, are at risk of premature or inappropriate long term residential care.
CONCLUSION It is recommended that Council accept the grant and duly execute the requirements of the Funding Agreement: That is, sign two (2) copies of the funding agreement and affix the common seal; sign two (2) copies of the Goods and Services Tax-Recipient Created Tax Invoice Agreement; and complete one (1) copy of the Schedule 1, Part F: Property Details.
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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10.8 MAITLAND REGIONAL ART GALLERY MEMBERS MANAGEMENT PLAN AND RE-DRAFTED CONSTITUTION
File No: 11/16 Attachments: 1. the Existing MRAGM Constitution 2. The New Draft MRAGM Constitution 3. The New MRAGM Management Plan Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation Lynn Morton - Manager Community and Recreation Services Joe Eisenberg - Cultural Director Author: Kim Blunt - Public Programs Coordinator
EXECUTIVE SUMMARY
The Maitland Regional Art Gallery Members are a delegated committee under Section 355 of the Local Government Act 1993
The purpose of this report is to seek endorsement from Council for an amended Maitland Regional Art Gallery Constitution and the newly drafted Maitland Regional Art Gallery Members Management Plan
OFFICER’S RECOMMENDATION
THAT
1. The draft Maitland Regional Art Gallery Members (MRAGM) Constitution (as attached) be adopted. 2. The draft Maitland Regional Art Gallery Members (MRAGM) Management Plan (as attached) be adopted. 3. Council nominate a Councillor to serve on the Maitland Regional Art Gallery Members Committee. 4. The current MRAGM Committee be disbanded and a call for nominations be made for a new committee as per the new recommended executive committee structure. 5. That the current Committee members be advised of Council’s decision.
REPORT The creation of the Maitland Regional Art Gallery Members as a 355 Committee was approved by Council at its Ordinary Meeting 22 March 2005, including the adoption of a Constitution to guide the operation of the Committee. A copy of the MRAGM Constitution ratified in March 2005 is attached. Maitland Regional Art Gallery (MRAG) has been closed for the last twelve months to compete a major renovation and extension and during this time staff have been re-evaluating policies and procedures to take into consideration the significant increase in the art gallery premises and its purpose. As a part of this re-evaluation it became apparent that the MRAGM Constitution needed to also be updated and with it the drafting of a
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MAITLAND REGIONAL ART GALLERY MEMBERS MANAGEMENT PLAN AND RE-DRAFTED CONSTITUTION (Cont.) Management Plan to set in place a framework in which to guide the Members into the next phase of development.
To inform the drafting of the Management Plan and the re-drafting of the Constitution, MRAG and MRAGM held a number of consultative meetings with the members who attended the various monthly meetings over the preceding three months. With the assistance of those Members and the Art Gallery Staff, both the Management Plan and the (redrafted) Constitution have been accepted by the Members and now recommended to Council for adoption. The primary function of the group has not changed from the initial Constitution and MRAGM will remain focused on the following aims and objectives:
(i) promote public awareness of MRAG and its activities,
(ii) provide visitors and supporters of the arts an opportunity to develop an ongoing positive relationship with MRAG,
(iii) be a MRAG ambassador and encourage others to associate with the Art Gallery.
MRAGM is recognised by MRAG as a vital ingredient to the growth of the Maitland Regional Art Gallery.
Given the growth in membership since the inception of MRAGM, it was seen that the current structure of the Executive Committee did not best represent a full cross section of its Members. The current MRAGM executive body is as follows:-
Chairperson, Vice Chairperson, Treasurer and Secretary
Therefore after a series of consultations the new structure is as follows:-
The Executive Committee of MRAGM shall consist of one (1) Councillor of Maitland City Council, the Cultural Director (or his/her nominee), a Chairperson, a Vice Chairperson, a Treasurer, a Secretary, a Newsletter Secretary plus two (2) Additional MRAG Members.
It will be recommended current MRAGM Committee be disbanded following Council’s consideration of this report and that steps be taken to call a Public Meeting to elect a new Executive Committee in accordance with the new Constitution. In adopting the new Committee Council is required to nominate a Councillor to serve on the Committee.
To guide the operation of MRAGM, a Management Plan has also been drafted. The purpose of this document is to further explain certain aspects of MRAGM; such as the expectations of the roles of each member of the Executive Committee and how the committee will operate with Art Gallery staff. It was felt that these details, while not necessary for the Constitution, needed to have a formal acknowledgement and so the Management Plan was created.
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MAITLAND REGIONAL ART GALLERY MEMBERS MANAGEMENT PLAN AND RE-DRAFTED CONSTITUTION (Cont.) MRAGM has enjoyed delegated powers to raise revenue in accordance with the Local Government Act 1993, and other applicable legislation, for the support of its objectives. Over the last four years MRAGM has contributed financially and in kind to the development of MRAG. This group is an important component of the over all support group of MRAG which include the Patrons, Partners and Volunteers at MRAG.
CONCLUSION The attached draft Constitution continues to provide a legal and financial framework for the group to operate and support the function and objectives of MRAG. The attached Management Plan is the framework designed to assist MRAGM in its day to day operation.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS There are no financial implications associated with this report, however any profits made by the MRAGM are to be considered as contributions and transferred to a Restricted Assets account.
STATUTORY IMPLICATIONS The draft constitution meets the requirement under Section 355 and Section 377 of the Local Government Act, 1993.
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MAITLAND REGIONAL ART GALLERY MEMBERS MANAGEMENT PLAN AND RE-DRAFTED CONSTITUTION (Cont.)
Service Planning and Regulation Reports
MAITLAND REGIONAL ART GALLERY MEMBERS MANAGEMENT PLAN AND RE-DRAFTED CONSTITUTION
The Existing MRAGM Constitution
Meeting Date: 23 June 2009
Attachment No: 1
Number of Pages: 14
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Service Planning and Regulation Reports
MAITLAND REGIONAL ART GALLERY MEMBERS MANAGEMENT PLAN AND RE- DRAFTED CONSTITUTION
The New Draft MRAGM Constitution
Meeting Date: 23 June 2009
Attachment No: 2
Number of Pages: 5
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MAITLAND REGIONAL ART GALLERY MEMBERS MANAGEMENT PLAN AND RE-DRAFTED CONSTITUTION (Cont.)
Service Planning and Regulation Reports
MAITLAND REGIONAL ART GALLERY MEMBERS MANAGEMENT PLAN AND RE- DRAFTED CONSTITUTION
The New MRAGM Management Plan
Meeting Date: 23 June 2009
Attachment No: 3
Number of Pages: 5
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MAITLAND REGIONAL ART GALLERY MEMBERS MANAGEMENT PLAN AND RE-DRAFTED CONSTITUTION (Cont.)
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MAITLAND REGIONAL ART GALLERY MEMBERS MANAGEMENT PLAN AND RE-DRAFTED CONSTITUTION (Cont.)
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MAITLAND REGIONAL ART GALLERY MEMBERS MANAGEMENT PLAN AND RE-DRAFTED CONSTITUTION (Cont.)
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MAITLAND REGIONAL ART GALLERY MEMBERS MANAGEMENT PLAN AND RE-DRAFTED CONSTITUTION (Cont.)
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MAITLAND REGIONAL ART GALLERY MEMBERS MANAGEMENT PLAN AND RE-DRAFTED CONSTITUTION (Cont.)
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10.9 EXPENDITURE OF SECTION 94 FUNDS
File No: 103/41 Attachments: Nil Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation Monica Gibson - Manager City Strategy Author: Amanda McMahon - Development Contributions Coordinator
EXECUTIVE SUMMARY
Following the adoption of the Maitland Section 94 Contributions Plan (Citywide) 2006 Council resolved that an annual report be presented to Council, prior to June 30th each year, outlining the availability of Section 94 funds held under repealed Section 94 Plans and a suggested work program.
This report also considers the availability of funds in the Maitland City Council Section 94A Levy Development Contributions Plan 2006, the Maitland Section 94 Contributions Plan City Wide 2006 and the Thornton North Section 94 Contributions Plan 2008 and makes recommendations on the expenditure of funds for the 2009/2010 Management Plan.
Due to the level of income from the section 94 contribution plans and restrictions on the expenditure of section 94 funds within the current plans, proposed expenditure of uncommitted funds as detailed in the body of the report is of a similar scale to that expended in the 2008/2009 financial year.
OFFICER’S RECOMMENDATION
THAT
1. No commitments be made from the S94A levy Development Contributions Plan or the Thornton North Section 94 Contributions Plan 2008 in the 2009/2010 Management Plan
2. Funds from the Maitland Citywide Section 94 Contributions Plan 2006 and 1995 Maitland Section 94 Contributions Plan be committed as detailed in this report in the 2009/2010 Management Plan.
3. Funds of $78,533 be allocated from the Maitland Citywide Section 94 Contributions Plan 2006 to extractive industries road maintenance projects in the current 2008/2009 management plan.
REPORT Recent years have seen a period of relatively high growth in the LGA and, as a result significant funds from Section 94 contributions have been received. Over this time Council has regularly reviewed its commitments under Section 94 and has
Page (181) ORDINARY MEETING AGENDA 23 JUNE 2009
EXPENDITURE OF SECTION 94 FUNDS (Cont.) implemented annual expenditure programs through its management planning processes.
More recently, however, funds being received through Section 94 contributions have declined as fewer subdivisions and developments are being constructed. In addition, expenditure of funds received through the current plans, being the 2006 Citywide Plan, the Section 94A plan and the Thornton North 2008 plan are restricted to the individual works schedule attached to the plans. Subsequently, proposed expenditure of uncommitted funds as detailed in this report are of a similar level to that expended for the 2008/2009 financial year.
It is anticipated that other projects may be undertaken by developers throughout the year as a Works in Kind, or under a Voluntary Planning Agreement. Such proposals will be the subject of a Council resolution in accordance with Council’s adopted policy and are not considered within this report.
1995 Maitland Section 94 Contributions Plan
Uncommitted funds in the repealed 1995 Plan till 30 May are as follows;
Bushfire Services $26,431 Car Parking $12,212 Trunk Drainage $3,673 Road Works - Citywide $50,102 Road Works - Rutherford $125,616 Roadworks - Thornton $107,321 Recreation and Open Space $211,011 Community Facilities $549,360 Cycleways -$15,395 Administration $101,593
TOTAL $1,171,929
Proposed expenditure from the repealed 1995 plan is as follows;
Bushfire Services $26,431 Bushfire facilities for the RFS $26,431
Car Parking $12,212 No funds to be committed
Trunk Drainage $3,673 No funds to be committed
Road Works – Citywide $50,102 No funds to be committed
Roadworks – Rutherford $125,616 No funds to be committed
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EXPENDITURE OF SECTION 94 FUNDS (Cont.) Roadworks – Thornton $107,321 No funds to be committed
Recreation and Open Space $211,011 City Wide Recreation and Open Space Rec Study $100,000
This study is required to replace the Maitland Recreational and Open Space Strategy 2004 (MROSSR). The purpose of the study is to establish a framework for the provision of recreation and open space land throughout the local government area. This would involve the evaluation of current and future facilities needs, including cycleways, walking trails, sportsgrounds, bushland reserves, parks, playgrounds, indoor sports facilities and youth activities and facilities. In addition, a community land review would identify land for disposal and/or acquisition based on recreation and open space demand.
Community Facilities $549,360 Community facilities study $40,000
Community facilities are defined as buildings such as halls and multipurpose buildings where community services are delivered. The purpose of this study is to establish a framework for the provision of community facilities throughout the local government area in the form of a Community Facilities and Services Plan. This would involve the evaluation of current and future facility needs based on population growth and an agreed level of service.
Cycleways -$15,395 No funds to be committed
Administration $101,593 No funds to be committed
Revised uncommitted funds in the repealed 1995 Plan are as follows;
Bushfire Services $0 Car Parking $12,212 Trunk Drainage $3,673 Road Works - Citywide $50,102 Road Works - Rutherford $125,616 Roadworks - Thornton $107,321 Recreation and Open Space $44,011 Community Facilities $509,360 Cycleways -$15,395 Administration $101,593
TOTAL $938,493
A substantial balance remains as uncommitted funds. It is envisaged that projects currently under investigation may require funding in the future. The details and funding of such projects would be subject to further reports to Council.
Page (183) ORDINARY MEETING AGENDA 23 JUNE 2009
EXPENDITURE OF SECTION 94 FUNDS (Cont.)
Maitland City Wide Section 94 Contributions Plan 2006
Section 94 contributions that have been levied and received under the 2006 Citywide Plan must be expended in accordance with the works schedules as detailed in the plan. Uncommitted funds in the 2006 Citywide Plan until 30 May are as follows;
Recreation and Open Space – Aquatic Facilities $159,585 Recreation and Open Space – Local and District Facilities $615,470 Road and Traffic Facilities -$70,510 Cultural Services – Library Services $118,486 Cultural Services – Library Resources -$60,159 Cultural Services – Cultural Precinct -$91,067 Community Services $681,736 Cycleways $125,422 Administration -$151,997 Extractive Industries $78,533
TOTAL $1,405,498
Proposed expenditure form the 2006 plan is as follows:
Recreation and Open Space – Aquatic Facilities $159,585 No funds to be committed
Recreation and Open Space – Local and District Facilities $615,470 Maitland Park neighbourhood park/playground all abilities project stage 2 development $241,912 Gillieston Heights neighbourhood sportsground Masterplan design and documentation for playing field development $50,000
Road and Traffic Facilities -$70,510 Mount Vincent Road – Progressive Reconstruction $273,400 Molly Morgan Drive Reconstruction/Rehabilitation $176,600 Citywide Contribution to Rehabilitation Program $50,000
Note : It will be necessary to utilise contributions anticipated to be received under this plan during the 09/10 year to fund these projects.
Cultural Services – Library Services $118,485 No funds to be committed
Cultural Services – Library Resources -$60,159 No funds to be committed
Cultural Services – Cultural Precinct -$91,066 Art gallery loan repayments - $162,023
Community Services $681,736 No funds to be committed
Page (184) ORDINARY MEETING AGENDA 23 JUNE 2009
EXPENDITURE OF SECTION 94 FUNDS (Cont.) Cycleways $125,422 No funds to be committed
Administration -$151,997 Salary and vehicle expenses $81,255
Extractive Industries $78,533 $78,533 to be allocated to extractive industries road maintenance projects in the current 2008/2009 management plan.
Revised uncommitted funds in the repealed 2006 Plan are as follows;
Recreation and Open Space – Aquatic Facilities $159,585 Recreation and Open Space – Local and District Facilities $323,558 Road and Traffic Facilities -$570,510 Cultural Services – Library Services $118,485 Cultural Services – Library Resources -$60,159 Cultural Services – Cultural Precinct -$253,090 Community Services $681,736 Cycleways $125,422 Administration -$233,252 Extractive Industries $0
TOTAL $291,772
Maitland City Council S94A Levy Development Contributions Plan 2006
Funds within the S94A contributions plan until 30 May are overcommitted by $348,779.
Consequently it is proposed that no commitments be made from this plan in the 2009/2010 Management Plan.
Thornton North Section 94 Contributions Plan 2008
The Thornton North Section 94 Contributions Plan 2008 has not yet collected any funds.
FINANCIAL IMPLICATIONS This report makes recommendations on the expenditure of Section 94 funds for the 2009/2010 financial year.
This matter has no direct financial impact upon any other element of Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
Page (185) ORDINARY MEETING AGENDA 23 JUNE 2009
EXPENDITURE OF SECTION 94 FUNDS (Cont.) STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 or the Environmental Planning and Assessment Act 1979 with this matter.
Page (186) ORDINARY MEETING AGENDA 23 JUNE 2009
10.10 REVIEW OF THORNTON NORTH SECTION 94 CONTRIBUTIONS PLAN 2008
File No: 103/41/8 Attachments: 1. Letter & Direction from Minister Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation Monica Gibson - Manager City Strategy Author: Amanda McMahon - Development Contributions Coordinator
EXECUTIVE SUMMARY
Under development contribution reforms announced in December 2008 Councils were required to provide contribution plans that would allow for contributions in excess of $20,000 per dwelling to the Government for an evaluation of the plan in order to continue levying in excess of $20,000 after 30 April 2009.
Council resolved in January 2009 to provide the Thornton North Section 94 Contributions Plan 2008 to the Minister for Planning for review.
As a result of the review Council has received a direction from the Minister for Planning that requires Council to procure an independent review of the appropriate specification and costing of the road works in the contributions plan relating to Raymond Terrace Road.
The review is to be completed by September 2009 and submitted to the Department of Planning. Any necessary review and amendment of contributions plans to reflect a revised specification and costing is to be completed by the end of 2009.
OFFICER’S RECOMMENDATION
THAT Council note the information provided and endorse the action recommended in the report.
REPORT
On 17 December 2008, the Premier announced a package of reforms to the way that State and Local infrastructure levies are imposed on development in NSW. The reforms included the establishment of a $20,000 threshold above which local government contributions for individual residential dwellings may not be imposed except with the approval of the Minister for Planning.
Council resolved in January to provide the Thornton North Section 94 Contributions Plan 2008 to Department of Planning by 1 February 2009 for review. Under the Thornton North Contributions Plan adopted by Council in February 2008, contributions are currently $32,760 per three bedroom dwelling or lot.
Page (187) ORDINARY MEETING AGENDA 23 JUNE 2009
REVIEW OF THORNTON NORTH SECTION 94 CONTRIBUTIONS PLAN 2008 (Cont.) In the initial stages of the review process Council officers were required to provide detailed information in relation to the plan and its development as well as Council’s broader infrastructure and asset management strategy to the Department of Planning.
A meeting was held on the 3rd April between Council officers, the Department of Planning and their consultant to discuss any concerns raised by the Department in greater detail. Matters which were discussed included; • Population projections and demographics • Land acquisition valuations • RTA road works • Open Space Demand • Cultural Facilities • Plan Administration
Key points arising from the discussion and included in a summary assessment report prepared by Cite Urban Strategies to the Department of Planning Local Contributions Review Panel made the following recommendations; • The costing for external roads (RTA classified) should be reviewed to ensure that the standard of construction is reasonable. • Minor formula and apportionment calculations in the Plan should be amended. • Future revisions of the 2006 City Wide Plan should explore the potential to fund works through alternatives to S94 contributions • The future asset management strategy for the City should assess the potential for asset re-use and should be reflected in any revision to the 2006 City Wide Plan. • The contributions for a new aquatic centre required by the Thornton North community should be appropriately reflected in the 2 contributions plans. • Miscellaneous background material on demographics, etc should be included in the two plans to provide greater clarity. These recommendations will be considered in the future as part of the regular review of Council’s development contribution plans.
A meeting was then held on 17th April between Council’s officers and the Local Contributions Review Panel to discuss how Council would respond to the issues raised by the Department of Planning and the consequences of likely recommendations. This discussion focused primarily on the Thornton North Roadworks contribution and the inclusion of Raymond Terrace Road within the local contributions plan.
As a result of the review process Council has received a direction from the Minister for Planning which is attached. The direction requires Council to procure an independent review of the appropriate specification and costing of the road works in the contributions plan relating to Raymond Terrace Road. Any revised specification must be endorsed by the RTA. It is noted that the current specification and costing used in the Thornton North Section 94 Plan was approved and endorsed by the RTA.
Page (188) ORDINARY MEETING AGENDA 23 JUNE 2009
REVIEW OF THORNTON NORTH SECTION 94 CONTRIBUTIONS PLAN 2008 (Cont.)
The review is to be completed by September 2009 and submitted to the Department of Planning. Any necessary review and amendment of contributions plans to reflect a revised specification and costing is to be completed by the end of 2009. Whilst Council completes the review of the road costs, the Thornton North Contributions Plan is to be exempted from the maximum threshold amount of $20,000, and therefore can continue to apply the contributions of $32,760.
Applications to exceed the levy threshold were made by 28 councils across New South Wales to review 92 separate Section 94 contributions plans. Following the first round of the review, which included eleven councils, the Minister for Planning has applied the $20,000 threshold to one council. Four more councils, Camden, Wyong, Liverpool and Penrith Councils, via the review process, identified savings of between $2,000 and $18,000 per lot. The remaining six councils (including Maitland) were given an exemption to reducing their levies, in nearly all cases on the condition that additional reviews are undertaken to look at how savings can be made.
FINANCIAL IMPLICATIONS It is proposed to fund the review of the specification and costing of the roadworks through Section 94 administration funds, which are currently available.
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.
Council must adhere to the Ministerial Direction under Section 94E of the Environmental Planning and Assessment Act 1979.
Page (189) ORDINARY MEETING AGENDA 23 JUNE 2009
REVIEW OF THORNTON NORTH SECTION 94 CONTRIBUTIONS PLAN 2008 (Cont.)
Service Planning and Regulation Reports
REVIEW OF THORNTON NORTH SECTION 94 CONTRIBUTIONS PLAN 2008
Letter & Direction from Minister
Meeting Date: 23 June 2009
Attachment No: 1
Number of Pages: 4
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REVIEW OF THORNTON NORTH SECTION 94 CONTRIBUTIONS PLAN 2008 (Cont.)
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REVIEW OF THORNTON NORTH SECTION 94 CONTRIBUTIONS PLAN 2008 (Cont.)
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REVIEW OF THORNTON NORTH SECTION 94 CONTRIBUTIONS PLAN 2008 (Cont.)
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REVIEW OF THORNTON NORTH SECTION 94 CONTRIBUTIONS PLAN 2008 (Cont.)
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10.11 CITIES FOR CLIMATE PROTECTION
File No: 148/4/5 Attachments: Nil Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation David Simm - Manager Development and Environment Author: Deanne Nelson-Pritchard - Senior Environmental Health Officer
EXECUTIVE SUMMARY
Council began with Cities for Climate Protection, a voluntary federal greenhouse gas reduction and reporting scheme in 2004. Maitland City Council achieved a completion of all Milestones associated with this project in September 2008. Council has recently been notified that funding for this project from the federal government will now cease, but that a fee generating project is available.
OFFICER’S RECOMMENDATION
THAT Council endorse withdrawal from the Cities Climate Protection program.
REPORT
The Cities for Climate Protection (CCP) program was adopted by Maitland City Council in 2004. This program was a joint initiative by the International Council for Local Environmental Initiatives (ICLEI) and the Australian Greenhouse Office. It was a voluntary program for local government to reduce their organisational (corporate) and community greenhouse gas emissions.
To participate in CCP, Council committed to achieving five key milestones including: • Establishing a baseline of emissions, • A community emissions reduction goal, • Development of a local action plan, • Implementation of the action plan and, • Reporting on achieved greenhouse gas emission reductions.
In September 2008 Council achieved Milestone 5 and therefore completing the CCP tasks.
Recently Council has been notified by ICLEI that the Federal Government have advised that funding for the Cities for Climate Protection program will cease on 30 June 2009. This program will only be provided at a fee generating level and to continue in this program would mean engaging in further milestone works, annual reporting in addition to Council’s numerous statutory reporting requirements, and payment to ICLEI of $2,500 to participate.
Page (195) ORDINARY MEETING AGENDA 23 JUNE 2009
CITIES FOR CLIMATE PROTECTION (Cont.) Additional Greenhouse Gas Emission reporting
Maitland City Council has developed an energy management plan required by State legislation in 2007. Council is in the process of implementing this and is required to report annually on progress and greenhouse gas reductions.
Council has been reviewing its requirements in the recent Federal legislation of carbon pollution and greenhouse gas emissions and has found that the level of information needed to report to this is greater then provided by CCP.
A lengthy review of Councils energy, waste and fuel usage has been required due to National Greenhouse and Energy Reporting Act (NGER) and the Carbon Pollution Reduction Scheme (CPRS). Whilst fundamental decisions regarding this are still to be agreed upon at a political level, it currently appears that Council is required to register with the NGER by August 2009 and in doing so must report on our carbon footprint by October 2009.
Council is required to report its greenhouse gas reduction programs and success in our local State of the Environment report.
In relation to Councils requirements for waste minimisation, it is required to report information required under the National Environment Protection (Used Packaging Materials) Measures, and our baseline data on tonnages of dry recyclables and garden organics for recycling and residual domestic waste collected.
CONCLUSION
Council is required to report on its greenhouse gas emissions and reduction programs on an annual basis for multiple sources, it is therefore not deemed necessary to continue with the CCP process.
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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11 ASSETS AND INFRASTRUCTURE PLANNING REPORTS
11.1 PROPOSED DEDICATION OF LAND AS PUBLIC ROAD
File No: 222/583 & P30605 Attachments: 1. Locality Plan Responsible Officer: Chris James - Group Manager Assets & Infrastructure Planning Kevin Stein - Manager Design and Technical Support Author: Michael Osborn - Survey Co-ordinator
EXECUTIVE SUMMARY
Council has previously resolved to acquire land from 314 Tocal Road, Mindaribba, for the purpose of the realignment and reconstruction of 720m of Tocal Road. This report seeks Council’s concurrence to the dedication of the land as Public Road.
OFFICER’S RECOMMENDATION
THAT Council dedicate Lot 2 DP1136703 to the public as Public Road.
REPORT At its meeting on 10 June 2008, Council resolved to acquire part of 314 Tocal Road, Mindaribba, required for road realignment as part of the reconstruction of 720m of Tocal Road.
As part of the Roads Act 1993, a plan of survey has been registered that identifies the parcel of land required for road. A NSW Government Gazette Notice is now required to dedicate the land, being Lot 2 DP1136703, as Public 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 There are no statutory implications under the Local Government Act 1993 with this matter.
Page (197) ORDINARY MEETING AGENDA 23 JUNE 2009
PROPOSED DEDICATION OF LAND AS PUBLIC ROAD (Cont.)
Assets and Infrastructure Planning Reports
PROPOSED DEDICATION OF LAND AS PUBLIC ROAD
Locality Plan
Meeting Date: 23 June 2009
Attachment No: 1
Number of Pages: 1
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PROPOSED DEDICATION OF LAND AS PUBLIC ROAD (Cont.)
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11.2 REGIONAL AND LOCAL COMMUNITY INFRASTRUCTURE PROGRAM FUNDING UPDATE
File No: 129/2 Attachments: 1. Community Infrastructure Program Letter Responsible Officer: Chris James - Group Manager Assets & Infrastructure Planning Author: Chris McGrath - Manager Assets
EXECUTIVE SUMMARY This report outlines the status of Council’s applications for funding under the various Federal Government infrastructure programs and reports on the progress of the three approved Community Infrastructure Program projects.
Council has been notified that the funding application for the Aquatic Centre under the Local Community Infrastructure Program was not successful.
Four applications for funding have been lodged for the following projects under the Jobs Fund & Heritage Projects:
1. Morpeth Court House Museum – progressive restoration works; 2. Morpeth – restoration and resetting of sandstone kerbs and footpath; 3. Town Hall – progressive restoration work; and 4. Bike Path – off road cycleway from Glenarvon Road, Lorn to Westbourne Road, Bolwarra.
The three approved Regional and Local Community Infrastructure Program projects, namely Rutherford Youth Space, Maitland Park Accessible Playground, and Walka Amenities Block, are on schedule for completion by 30 September 2009.
OFFICER’S RECOMMENDATION
THAT the progress of the projects funded under the Regional and Local Community Infrastructure Program be noted.
REPORT
The purpose of this report is to
1. advise of the status of Council’s applications for funding under the various Federal Government infrastructure programs; and 2. outline progress on the three approved Community Infrastructure Program projects.
Community Infrastructure Program – Strategic Projects
Council has been notified that its application for funding for the Stage One Redevelopment of Maitland Aquatic and Leisure Centre was unsuccessful. A copy of the advice is attached for information.
Page (200) ORDINARY MEETING AGENDA 23 JUNE 2009
REGIONAL AND LOCAL COMMUNITY INFRASTRUCTURE PROGRAM FUNDING UPDATE (Cont.) Federal Jobs Fund & Heritage Projects
Four funding applications have been lodged for the following projects under the Federal Jobs Fund & Heritage Projects:
1. Morpeth Court House Museum – progressive restoration works for $500,000; 2. Morpeth – restoration and resetting of sandstone kerbs and footpath for $1,000,000; 3. Town Hall – progressive restoration works for $400,000; and 4. Bike Path – off road cycleway from Glenarvon Road, Lorn to Westbourne Road, Bolwarra for $175,000.
A further report will be provided to Council when the outcome of the funding application is known.
Regional and Local Community Infrastructure Program
Progress on the three projects since the application date of 30 January 2009, is as follows.
1. Rutherford Youth Space - $700,000.
The Development Application for this project was approved by Council on 26 May 2009.
Council called for expressions of interest for the construction of the project. At its meeting of 9 June 2009, it resolved to invite seven firms to tender for the works. Closing date for receipt of tenders is 22 June 2009.
The project is on target to be completed by 30 September 2009.
2. Maitland Park Accessible Playground and Bike Circuit - $220,000
A concept plan has been prepared and consultation commenced with sporting bodies and park users. The project staging plan and cost estimate is nearing completion. Council was provided with a project briefing on 16 June 2009. Subject to all scope, design, cost and specification elements of the project being satisfactory, it is anticipated that construction will commence before August 2009 and be completed by 30 September 2009.
3. Walka Water Works Amenities Block - $200,000
The preferred location for the amenities block has been identified and the building design completed.
A Development Application was lodged for the project on 13 May 2009.
Due to Department of Environment and Climate Change requirements, further archaeological assessment is necessary to determine if wider consultation is necessary. This assessment is underway and is expected to be completed by 20 July 2009. The outcome of this investigation could lead to the project being delayed.
Page (201) ORDINARY MEETING AGENDA 23 JUNE 2009
REGIONAL AND LOCAL COMMUNITY INFRASTRUCTURE PROGRAM FUNDING UPDATE (Cont.) It is expected that the DA will be reported to Council on 28 July 2009. In the meantime, quotations will be obtained and construction planning completed to ensure works can commence with minimal delay.
The project is on schedule, and, barring any delays from external assessment authorities, construction is planned to begin late July 2009.
CONCLUSION Planning and preparation works for the three projects funded under the Regional and Local Community Infrastructure Program is progressing steadily. It has always been recognised that the timeframes are tight, however, subject to any unforeseen holdups, the projects will be completed by the funding deadline.
FINANCIAL IMPLICATIONS These projects will be funded from the $1.123 million provided to Council under the Regional and Local Community Infrastructure Program.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page (202) ORDINARY MEETING AGENDA 23 JUNE 2009
REGIONAL AND LOCAL COMMUNITY INFRASTRUCTURE PROGRAM FUNDING UPDATE (Cont.)
Assets and Infrastructure Planning Reports
REGIONAL AND LOCAL COMMUNITY INFRASTRUCTURE PROGRAM FUNDING UPDATE
Community Infrastructure Program Letter
Meeting Date: 23 June 2009
Attachment No: 1
Number of Pages: 2
Page (203) ORDINARY MEETING AGENDA 23 JUNE 2009
REGIONAL AND LOCAL COMMUNITY INFRASTRUCTURE PROGRAM FUNDING UPDATE (Cont.)
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REGIONAL AND LOCAL COMMUNITY INFRASTRUCTURE PROGRAM FUNDING UPDATE (Cont.)
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11.3 STATUS REPORT ON DESIGN OF CAPITAL WORKS PROJECTS
File No: 122/814 Attachments: 1. Capital Works Program Status June 2009 Responsible Officer: Chris James - Group Manager Assets & Infrastructure Planning Author: Kevin Stein - Manager Design and Technical Support
EXECUTIVE SUMMARY
A report on the status of design projects within the Capital Works Program for 2008/2009 that have yet to be issued to City Works and Services for construction.
OFFICER’S RECOMMENDATION
THAT the information contained in the report be noted.
REPORT The status of the design projects with Survey Design and Technical Services Division as at 10 June 2009, is as shown in Attachment 1.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page (206) ORDINARY MEETING AGENDA 23 JUNE 2009
STATUS REPORT ON DESIGN OF CAPITAL WORKS PROJECTS (Cont.)
Assets and Infrastructure Planning Reports
STATUS REPORT ON DESIGN OF CAPITAL WORKS PROJECTS
Capital Works Program Status June 2009
Meeting Date: 23 June 2009
Attachment No: 1
Number of Pages: 1
Page (207) ORDINARY MEETING AGENDA 23 JUNE 2009
STATUS REPORT ON DESIGN OF CAPITAL WORKS PROJECTS (Cont.)
CAPITAL WORKS PROGRAM 10 June 2009 REVIEW
PROJECT DESCRIPTION COMMENT ESTIMATED ISSUE DATE Access Priority Program East Maitland Pool Accessible Car Park: Vertical Signage, Modify Issued 25/05/2009 Kerb Ramp to Gradient of 1:8 Drainage Construction Woodlands Drive Thornton Increase the pipe capacity under Woodlands Design amendments being 15/06/2009 Drive near #36 incorporated into final plan Rehabilitation / Reseal George Street East Maitland Lawes to New England Highway Concept Design completed, Design 15/06/2009 currently being finalised Building Works- Asset Maintenance Maitland City Library Library Roof Replacement Issued 26/05/2009 Town Hall Maitland Asbestos Replacement (Stage 1) - Stage Roof Works to be undertaken Mid-Jan to 16/11/2009 Feb as per Council Report 12 May 2009 Recreational Services Harold Gregson Reserve Maitland Stage 1-Improvements to Accessible Drivers Investigations indicate insufficient Stand and Improvements to Harold Gregson funds to complete project. Alternate Reserve funding or reallocation of funds is being investigated, subject to report to Council Maitland Park Netball Facility Maitland Stage 2 - Court Surface Improvements Review of project. Court treatment 15/06/2009 being undertaken following request from Netball Association Strategic Planning Projects Woodberry Commercial Centre Issued 26/05/2009 Revitialisation
Page (208) ORDINARY MEETING AGENDA 23 JUNE 2009
11.4 PROPOSED ROAD CLOSURE ASHTON GROVE ESTATE EAST MAITLAND
File No: 122/945 Attachments: 1. Locality Plan Responsible Officer: Chris James - Group Manager Assets & Infrastructure Planning Stephen Hawes - Manager Infrastructure Planning and Administration Author: Karen Gleeson - Asset Data and Administration Officer
EXECUTIVE SUMMARY
This report deals with an application from Landcom to close four parcels at Ashton Grove Estate East Maitland as shown on the attached locality plan.
The closures are part of a redevelopment of adjoining land by Landcom and part of the land will be rededicated to Council as public reserve along with the majority of Lot 6038.
OFFICER’S RECOMMENDATION
THAT
1. Council agree to the closure of the four parcels adjoining Lot 6038 DP1069064 and Lot 2 DP828556 at Ashton Grove Estate East Maitland, as outlined in the report. 2. The applicant is to meet all costs associated with the closure and transfer of land.
REPORT This report deals with an application from Landcom to close four parcels at Ashton Grove Estate East Maitland as shown on the attached locality plan. The closures are part of a redevelopment of adjoining land by Landcom and the majority of the land will be rededicated to Council as public reserve. The need for the closures are as follows:
1. Lot 1 forms part of Upington Drive and is requested to be partially closed to allow for a redesign of the road boundaries for the extension of Upington Drive.
2. Lots 2 & 3 need to be closed to allow for the re-subdivision of Lot 2 DP828556 and part Lot 6038 DP1069064.
3. Part Lot 3 will be dedicated as road for the extension of Kilshanny Avenue once final design has been determined.
4. Lot 4 will be dedicated as Public Reserve along with the residue of the subdivision, being the majority of Lot 6038 DP1069064.
Page (209) ORDINARY MEETING AGENDA 23 JUNE 2009
PROPOSED ROAD CLOSURE ASHTON GROVE ESTATE EAST MAITLAND (Cont.) The roads to be closed are unformed Council Public Roads and therefore ownership reverts to the Crown. Ownership could not be claimed by Council as no evidence of construction or maintenance on the roads could be found to support any such claim.
The proposal has been advertised in accordance with the provisions of the Roads Act 1993 with no formal objections raised. It has been noted, however, that there are Telstra assets within the vicinity. There are no objections in principle, providing access is retained to those assets for augmentation and maintenance purposes.
CONCLUSION The closures are part of a redevelopment by Landcom of adjoining lots and are required to clear up ownership and legal issues before redevelopment. Council will inherit the parts of the closed roads back as public open space along with the majority of Lot 6038 DP1069064.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page (210) ORDINARY MEETING AGENDA 23 JUNE 2009
PROPOSED ROAD CLOSURE ASHTON GROVE ESTATE EAST MAITLAND (Cont.)
Assets and Infrastructure Planning Reports
PROPOSED ROAD CLOSURE ASHTON GROVE ESTATE EAST MAITLAND
Locality Plan
Meeting Date: 23 June 2009
Attachment No: 1
Number of Pages: 1
Page (211) ORDINARY MEETING AGENDA 23 JUNE 2009
PROPOSED ROAD CLOSURE ASHTON GROVE ESTATE EAST MAITLAND (Cont.)
Page (212) ORDINARY MEETING AGENDA 23 JUNE 2009
12 FINANCE AND ADMINISTRATION REPORTS
12.1 ACQUISITION BY COUNCIL OF 3 GRANT STREET MAITLAND AND CLASSIFICATION OF LAND.
File No: P16386 Attachments: 1. Location Plan Responsible Officer: Graeme Tolhurst - Group Manager Finance and Administration Author: Frank Shrimpton - Property/Risk Coordinator
EXECUTIVE SUMMARY
On 24 February 2009 Council resolved to negotiate the purchase of 3 Grant Street Maitland. This report provides an update on the purchase and considers the classification of the land under the Local Government Act 1993.
OFFICER’S RECOMMENDATION
THAT
1. The contents of this report be noted. 2. The land known as 3 Grant Street Maitland and being an unnumbered lot in Deposit Plan 755237 (parish map) and described in Deed of Conveyance Registered Book 3446 No.685 be classified as operational land under section 31 (2) of the Local Government Act 1993.
REPORT Following the resolution of Council on 24 February 2009 to offer to purchase 3 Grant Street Maitland, negotiations resulted in Council acquiring the property for $270,000.
The sale settled on 4 June 2009 and the purchase price was equal to the market valuation obtained by Council from an independent registered valuer.
The Local Government Act 1993 (section 25) requires all land acquired by Council to be classified either as ‘operational land’ or ‘community land’. Council may by resolution classify land prior to acquisition or within 3 months of acquisition (section 31). Land not so classified defaults after 3 months to ‘community land’.
The resolution is sufficient to classify the land and no other action is required of Council.
Council is now the owner of all the land bonded by High Street, Grant Street and Devonshire Street Maitland. All the other land within this area is classified ‘operational land’.
The classification of ‘operational land’ gives Council more flexibility to deal with the land by sale, leasing and development than if classified as ‘community land’.
Page (213) ORDINARY MEETING AGENDA 23 JUNE 2009
ACQUISITION BY COUNCIL OF 3 GRANT STREET MAITLAND AND CLASSIFICATION OF LAND. (Cont.) CONCLUSION
The acquisition of the land provides Council with the final land lot within the immediate precinct of the Administration Centre and Town Hall. The future planning and use of the overall site will be enhanced by all lots being classified ‘operational land’ under the Local Government Act 1993 and the resolution to give effect to the classification of the land is therefore recommended.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates. The cost of acquisition of the property was funded from the economic development fund.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page (214) ORDINARY MEETING AGENDA 23 JUNE 2009
ACQUISITION BY COUNCIL OF 3 GRANT STREET MAITLAND AND CLASSIFICATION OF LAND. (Cont.)
Finance and Administration Reports
ACQUISITION BY COUNCIL OF 3 GRANT STREET MAITLAND AND CLASSIFICATION OF LAND.
Loaction Plan
Meeting Date: 23 June 2009
Attachment No: 1
Number of Pages: 1
Page (215) ORDINARY MEETING AGENDA 23 JUNE 2009
ACQUISITION BY COUNCIL OF 3 GRANT STREET MAITLAND AND CLASSIFICATION OF LAND. (Cont.)
Page (216) ORDINARY MEETING AGENDA 23 JUNE 2009
12.2 STATEMENT OF INVESTMENTS AS AT 31 MAY 2009
File No: 82/2 Attachments: 1. Investments - May 09 Responsible Officer: Graeme Tolhurst - Group Manager Finance and Administration Author: Kristy Bragg - Compliance Accountant
EXECUTIVE SUMMARY
The Local Government (General) Regulation 2005, Section 212 requires Council to report its investments.
OFFICER’S RECOMMENDATION
THAT the report be received and noted.
REPORT The ongoing turbulence and uncertainty within the financial markets continues to affect the market valuations of Council’s investments. If the current market trends continue, as is expected, it should be anticipated that there will be further credit rating downgrades of some of Council’s investments, with further declines in current valuations and the likely default of the Credit Linked Asset Prepackagings (CLEAR) PLC Series 34 CDO in the amount of $500,000.
Council’s investment advisors continue to indicate the following:
(a) Categories 1 – 3: (Asset Backed Securities, Credit Linked Note Investment Group (Stock Exchange) and Credit Linked Note Investment Group) Given the current market, selling these investments is not a viable option as this would crystallise losses which otherwise may be avoided if the investments are held to maturity.
(b) Categories 4 - 7: (Bank Bill Investment Group, Floating Rate Note Investment Group, Term Investment Group and On-call Account) Although the market valuations will continue to fluctuate on a month to month basis, it is expected that all of Council’s capital will be returned on maturity.
In these continuing times of market decline, Council will maintain a conservative and prudent investment strategy aimed at protecting its capital as opposed to generating high interest revenue.
Council’s investment portfolio is being monitored closely during these uncertain times, with all relevant information being disclosed to Council as it unfolds.
Page (217) ORDINARY MEETING AGENDA 23 JUNE 2009
STATEMENT OF INVESTMENTS AS AT 31 MAY 2009 (Cont.)
Please find attached:
• Summary of Investments as at 31 May - Table
FINANCIAL IMPLICATIONS The falling interest rate environment is naturally having an adverse impact on all cash and term deposit investments, including Council’s, resulting in reduced interest income. Any reductions will be addressed as part of the quarterly budget review process.
POLICY IMPLICATIONS Council’s investments are made in accordance with Council’s Investment Policy.
STATUTORY IMPLICATIONS The above sums have been invested in accordance with: • Section 625 of the Local Government Act 1993 • The regulations pertaining to the Local Government Act 1993 • Council’s Investment Policies
Page (218) ORDINARY MEETING AGENDA 23 JUNE 2009
STATEMENT OF INVESTMENTS AS AT 31 MAY 2009 (Cont.)
Finance and Administration Reports
STATEMENT OF INVESTMENTS AS AT 31 MAY 2009
Investments - May 09
Meeting Date: 23 June 2009
Attachment No: 1
Number of Pages: 5
Page (219) ORDINARY MEETING AGENDA 23 JUNE 2009
STATEMENT OF INVESTMENTS AS AT 31 MAY 2009 (Cont.) Summary of Investments:
1. Asset Backed Securities
Market Govt Original Current Current Value Reset / Guarantee Purchase Maturity Standard Standard Face Coupon See Investment as at Coupon (Y or N) Date Date & Poors & Poors Value Interest Note May Date Rating Rating Rate 2009 Credit Linked 2 Apr 07 21 Mar AA CCC- 500,000 5,027 20 Jun 3.075% N 2 & Asset 12 09 6 Prepackagings PLC Series 34 TOTAL 500,000 5,027
2. Credit Linked Note Investment Group (Stock Exchange) (CDOs)
Original Current Market Current Govt Reset / Purchase Maturity Standard Standard Face Value as Coupon Guarantee See Investment Coupon Date Date & Poors & Poors Value at May Interest (Y or N) Note Date Rating Rating 2009 Rate Generator 8 Apr 05 10 Oct AAA AAA 1,000,000 337,500 8 Apr 09 Nil N 2 & Income Note 11 5 TOTAL 1,000,000 337,500
Page (220) ORDINARY MEETING AGENDA 23 JUNE 2009
STATEMENT OF INVESTMENTS AS AT 31 MAY 2009 (Cont.) 3. Credit Linked Note Investment Group (CDOs)
Original Current Market Current Govt Reset / Purchase Maturity Standard Standard Face Value as Coupon Guarantee See Investment Coupon Date Date & Poors & Poors Value at May Interest (Y or N) Note Date Rating Rating 2009 Rate Select 14 Jun 05 14 Dec AAA AAA 500,000 428,523 15 Jun 3.83% N 2 Access 10 09 Investments 2005-4 Magnolia 27 Jun 05 20 Mar AA AA 1,500,000 758,995 20 Mar 4.51% N 2 Finance PLC 12 09 2005-14 TOTAL 2,000,000 1,187,518
4. Bank Bill Investment Group
Original Current Market Current Govt Reset / Purchase Maturity Standard Standard Face Value as Coupon Guarantee See Investment Coupon Date Date & Poors & Poors Value at May Interest (Y or N) Note Date Rating Rating 2009 Rate ANZ Banking 12 May 9 Jun 09 A-1+ A-1+ 1,000,000 999,248 9 Jun 09 3.11% Y 7 Group Ltd 09 ANZ Banking 26 May 23 Jun A-1+ A-1+ 1,000,000 998,024 23 Jun 3.12% N 7 Group Ltd 09 09 09 TOTAL 2,000,000 1,997,272
Page (221) ORDINARY MEETING AGENDA 23 JUNE 2009
STATEMENT OF INVESTMENTS AS AT 31 MAY 2009 (Cont.) 5. Floating Rate Note Investment Group
Original Current Market Current Govt Reset / Purchase Maturity Standard Standard Face Value as Coupon Guarantee See Investment Coupon Date Date & Poors & Poors Value at May Interest (Y or N) Note Date Rating Rating 2009 Rate Westpac 13 Nov 07 16 Nov AA- AA- 2,000,000 1,879,540 17 Aug 3.37% N 2 Banking 10 09 Corporation Subordinated Debt Bendigo Bank 14 Nov 07 9 Nov 12 BBB+ BBB 900,000 778,124 10 Aug 4.3383% N 2 Subordinated 09 Debt Maitland Mutual 31 Dec 07 31 Dec N/A N/A 2,000,000 1,302,548 30 Jun 4.1383% N 2 &4 Building Society 12 09 Subordinated Debt Westpac 7 Mar 08 24 Jan AA- AA- 1,000,000 901,651 24 Jul 09 3.3433% N 2 Banking 12 Corporation Subordinated Debt HSBC Bank 14 Mar 08 15 Mar AA- AA- 1,000,000 872,110 15 Jun 5.2333% N 2 Australia Sub 13 09 Debt ANZ Banking 22 Apr 08 22 Apr AA AA 500,000 497,626 22 Jul 09 4.3483% N 2 Group 13 Holiday Coast 26 May 03 16 Apr N/A N/A 500,000 412,660 16 Jul 09 6.8233% N 2 & 4 Credit Union 13 Sub Debt Commonwealth 24 Jun 08 24 Jun AA AA 500,000 500,725 24 Jun 3.8967% N 2 Bank of 11 09 Australia TOTAL 8,400,000 7,144,984
Page (222) ORDINARY MEETING AGENDA 23 JUNE 2009
STATEMENT OF INVESTMENTS AS AT 31 MAY 2009 (Cont.) 6. Term Investment Group
Maturity Original Current Market Current Govt Maturity / Purchase / Standard Standard Face Value as Coupon Guarantee See Investment Rollover Date Rollover & Poors & Poors Value at May Interest (Y or N) Note Date Date Rating Rating 2009 Rate Bank of 4 Mar 09 28 Aug A-1+ A-1+ 1,000,000 1,011,553 28 Aug 4.00% Y 3 Western 09 09 Australia Macquarie 9 Mar 09 9 Mar 10 A-1 A-1 2,500,000 2,543,784 9 Mar 10 4.25% Y 3 Bank Limited Citibank Pty 25 Feb 09 27 Jul A-1 A-1 900,000 912,987 27 Jul 09 4.68% Y 3 Ltd Sydney 09 Bank of 5 May 09 2 Jun 09 A-1+ A-1+ 1,000,000 1,002,558 2 Jun 09 3.55% N 3 Western Australia Credit Union 12 May 12 Aug N/A N/A 1,000,000 1,004,551 12 Aug 4.35% Y 3 & Australia 09 09 09 4 Bank of 19 May 16 Jun A-1+ A-1+ 1,000,000 1,001,402 16 Jun 09 3.60% N 3 Western 09 09 Australia National 27 May 28 Sep A-1+ A-1+ 1,600,000 1,606,420 28 Sep 4.28% N 3 Australia Bank 09 09 09 TOTAL 9,000,000 9,083,255
Page (223) ORDINARY MEETING AGENDA 23 JUNE 2009
STATEMENT OF INVESTMENTS AS AT 31 MAY 2009 (Cont.) 7. On-call Account
Original Current Market Current Govt Reset / Purchase Maturity Standard Standard Face Value as Coupon Guarantee See Investment Coupon Date Date & Poors & Poors Value at May Interest (Y or N) Note Date Rating Rating 2009 Rate Commonwealth N/A N/A AA- AA- 6,032,000 6,032,000 N/A 2.95% N 1 Bank Cash Deposit Account TOTAL 6,032,000 6,032,000
GRAND TOTAL $28,932,000 $25,787,556
Notes: 1. These funds are not held on a fixed term. The funds are redeemed as and when required. Hence these investments do not have a market value that differs from the face value invested. Council would receive all of its capital back if it was to completely redeem these investments. During these uncertain times Council is holding more funds in this account as they can be fully redeemed within an hour. Council needs to ensure that it has adequate cashflow to be able to fund its immediate obligations for payroll and to its creditors. The on-call account continues to pay good interest given the short term investment of these funds. 2. The interest rate shown applies for the period ending on the current coupon reset date. The interest rate will then reset for the next term based on current BBSW (Bank Bill Swap Rate). These investments can be sold within 3 days at prevailing market prices. The market price can fluctuate on the face value of the investment. Therefore regardless of any changes to market value, there is no realised loss as Council continues to hold the investment to maturity. Given the current market values it would be unwise to crystallise the loss by selling these investments. 3. Term deposit required to be held to maturity. 4. Building Societies and Credit Unions are not rated by Standard & Poor’s, however these investments are issued by authorised deposit-taking institutions (ADIs) as defined by the Banking Act 1959 (Cwth). As such these investments are made in accordance with the order of the Minister regarding investments for the purpose of Section 625 (2), subsection (d) of the Local Government Act 1993. 5. Generator Note – As a result of credit events this security is no longer paying any interest income. The subordination structure of this security was constructed to protect the principal of the investment, with the impact being felt by the income component. Hence as credit events have occurred this has resulted in a loss of interest income. 6. If current market trends continue, this investment is at risk of default. Currently this investment continues to deliver a high, consistent income stream in line with Council’s original investment objectives. 7. Bank Bills are short-term investments offered with a very high credit standing, consequently trading at low yields. They are very liquid assets and can be sold at any point in time at prevailing market prices without incurring break fees. 8. During the 2008/09 financial year to date Council has had one investment that has defaulted and capital was lost in the amount of $500,000.
Page (224) ORDINARY MEETING AGENDA 23 JUNE 2009
13 CITY WORKS AND SERVICES REPORTS
13.1 PLANT REPLACEMENT PROGRAM
File No: 12/6 Attachments: 1. 15 Year Plant Replacement Program 2. 2009/10 Annual Plant Replacement Program 3. 10 Year SES Plant Replacement Program Responsible Officer: Wayne Cone - Group Manager City Works and Services Author: Richard Minter - Manager Projects and City Services
EXECUTIVE SUMMARY
This report deals with a review of the fifteen (15) year plant replacement program and ten (10) year SES plant replacement program for the year commencing 2009/10. It also provides details of the major items of plant to be replaced within the program for 2009/10. These programs are an integral part of the process of updating Council’s plant and equipment for the effective and efficient completion of works. The reviewed programs are presented to Council for adoption.
OFFICER’S RECOMMENDATION
THAT
1. Council cancel the proposed contract for the replacement of P4829 Flocon Truck as a part of the 2008/09 Plant Replacement Program; 2. Council schedule P4829 (Flocon truck) for replacement as part of the 2009/10 plant replacement program; 3. The fifteen (15) year plant replacement program contained in this report as Attachment 1 be adopted; 4. The 2009/10 Annual Plant Replacement Program as presented with the estimated changeover costs in Attachment 2 be adopted; 5. The ten (10) year SES plant replacement program contained in this report as Attachment 3 be adopted.
REPORT This report deals with a review of one (1) item of plant in the 2008/09 plant replacement program, and a review of the fifteen (15) year plant replacement program, the 2009/10 annual plant replacement program and the SES plant replacement program.
Part 1 – 2008/09 Plant Replacement Program
The 2008/09 plant replacement program included the replacement of plant P4829, a 7T Dual Cab Flocon Truck used for pothole patching and heavy patching works on Council’s roads.
Page (225) ORDINARY MEETING AGENDA 23 JUNE 2009
PLANT REPLACEMENT PROGRAM (Cont.) Tenders were called for the replacement of this item of plant, however, following the assessment of tenders, insufficient funds were available for replacement. As such, Council at its meeting of 25 November, 2008 resolved (in part) to:
“a) Council declines to accept any of the tenders for Tender 137/1153 Replacement of Dual Cab Chassis with Flocon body; b) Council enter into negotiations with Flocon Engineering Pty. Ltd., with a view to entering into a contract for the refurbishment of the existing body and change over onto a new truck chassis; c) Fresh tenders not be invited, and Council only negotiate with Flocon Engineering Pty. Ltd., as this company is the only one able to undertake a refurbishment of the existing Flocon body; d) Plant No 4829 (Cab Chassis) be sold at auction.”
Further review and a subsequent inspection of the plant item has indicated that its replacement or refurbishment is not essential in 2008/09 and that the item can be retained for a further year and be replaced in the 2009/10 plant replacement program.
As such, it is recommended that Council cancels the proposed contract for the replacement of P4829 as a part of the 2008/09 plant replacement program.
Part 2 – Fifteen (15) Year Plant Replacement Program
The fifteen (15) year plant replacement program has been reviewed for the years commencing 2009/10. The review has indicated that the majority of plant is well utilised and most suitable for its purpose. Some adjustments to the program are recommended due to changing plant needs, achieving maximum usage and reducing whole of life changeover costs.
The amended program includes the following:
• Plant item P4829 (7 tonne dual cab Flocon patching truck) included for 2009/10 as detailed in Part 1 above.
• Plant item P4828 (Mitsubishi MG230 Grader) being changed to a backhoe loader due to reduced utilisation of Council’s graders, current and predicted future changes to the type of program works that will require less graders and the continual external hire of up to four (4) backhoe loaders. Over the last 10 years the length of unsealed roads requiring grading has reduced from 55km to 32 km. As such, P4828 has low utilisation and replacing this grader with a backhoe will allow better utilisation on the remaining three (3) graders.
• Plant item P4976 (Gianni Ferrari Out Front Mower) being changed to an all terrain mower to allow steep bank areas to be better and more safely maintained without the need to hire external equipment. The all terrain (low profile) mower will maintain areas such as the Maitland Riverbank, bridge abutments, and steep road banks. These areas are currently being maintained by hand.
Page (226) ORDINARY MEETING AGENDA 23 JUNE 2009
PLANT REPLACEMENT PROGRAM (Cont.) • Extending the changeover period for various utilities and light vehicles from 2 years to 3 or 4 years (depending on mileage) to reduce changeover costs of these low mileage vehicles.
• Retaining trucks for the maximum life of their changeover policy period ranges due to lower trade-in returns for trucks at the lower end of the changeover periods.
Included as Attachment 1 is the proposed fifteen (15) year plant replacement program.
Part 3 – Annual Plant Replacement Program 2009/10
The annual plant replacement program for the disposal and replacement of plant and equipment for 2009/10 is included as Attachment 2 and is as follows:
3.1 Major Plant
Proposals for the disposal and replacement of major plant in 2009/10 are listed below.
Plant No. 4828 – Grader Mitsubishi MG230 – Purchased 27/11/02
− Plant No. 4828 is used by Council’s Civil and Recreation Works division for the maintenance and construction of Council’s roads and has a utilisation rate of 45%.
− As indicated in Part 2 of this report, changes to Council’s work types mean this grader is no longer required and should be replaced with a backhoe loader.
It is proposed that Plant No. 4828 be replaced with a backhoe loader.
Plant No. 4066 – Caravan Amenities – Purchased 5/6/95
− Plant No. 4066 is used by Council’s Civil and Recreation Works division as an amenities facility for the work crews.
− Plant No. 4066 has a utilisation rate of 47%.
It is proposed that Plant No. 4066 be replaced with an equivalent caravan amenities facility.
Plant No. 5115 – Backhoe Loader JCB 4x4 – Purchased 10/1/05
− Plant No. 5115 is used by Council’s Civil and Recreation Works division for the maintenance of Council’s roads, drains and footpaths.
− Plant No. 5115 has a utilisation rate of 80% and an hour meter reading of 4753 hrs.
It is proposed that Plant No. 5115 be replaced with a backhoe of a similar size and power and that the Depot Yard backhoe (P1027) be used as the trade-in plant item and Plant No. 5115 be retained for use in the Depot Yard.
Page (227) ORDINARY MEETING AGENDA 23 JUNE 2009
PLANT REPLACEMENT PROGRAM (Cont.) Plant No. 5108 Gianni Ferrari Out Front Mower – Purchased 22/12/04
− Plant No. 5108 is used by Council’s Civil and Recreation Works division for the maintenance of Council’s parks and reserves.
− Plant No. 5108 has a utilisation rate of 60%.
It is proposed that Plant No. 5108 be replaced with an out front mower of similar size and power.
Plant No. 4829 – Dual Cab Flocon Truck 7T – Purchased 18/12/02
− Plant No. 4829 is used by Council’s Civil and Recreation Works division for the maintenance of Council’s roads.
− Plant No. 4829 has a utilisation rate of 86% and an odometer reading of 69,110km.
It is proposed that Plant No. 4829 be replaced with a Flocon truck of similar size and power.
Plant No. 4976 – Gianni Ferrari Out Front Mower – Purchased 18/12/04
− Plant No. 4976 is used by Council’s Civil and Recreation works division for the maintenance of Council’s parks and reserves and has a utilisation rate of 20%.
− As indicated in Part 2 of this report, the needs of Council indicate an all terrain mower would be better suited for works currently being done by Council, rather than another out front mower.
It is proposed that Plant No. 4976 be replaced with an all terrain (low profile) mower.
Plant No. 4454 – Carlton Pedestrian Stump Grinder – Purchased 25/9/98
− Plant No. 4454 is used by Council’s Civil and Recreation Works division as a part of tree maintenance.
− Plant No. 4454 has a utilisation rate of 16%. The low utilisation has been due to a number of repairs being required in 2008/09.
It is proposed that Plant No. 4454 be replaced with a stump grinder of similar size and power.
Plant No. 5261 – Truck Table Top with crane and toolbox – Purchased 27/3/06
− Plant No. 5261 is used by Council’s Projects and City Services division for the maintenance of Council’s buildings and assets and fabrication works.
− Plant No. 5261 has a utilisation rate of 97% and an odometer reading of 32,336km.
Page (228) ORDINARY MEETING AGENDA 23 JUNE 2009
PLANT REPLACEMENT PROGRAM (Cont.) It is proposed that Plant No. 5261 be replaced with a truck of similar size and power.
Plant No. 5113 – Bomag Landfill Compactor – Purchased 30/3/05
− Plant No. 5113 is used by Council’s Projects and City Services division at the Mt Vincent waste facility.
− Plant No. 5113 has a utilisation rate of 64% and an hour meter reading of 4,001 hrs.
It is proposed that Plant No. 5113 be replaced with a landfill compactor of similar size and power with the replacement to be funded through a lease or hire purchase arrangement.
Plant No. 5117 – Caterpillar Track Loader – Purchased 20/5/05
− Plant No. 5117 is used by Council’s Projects and City Services division at the Mt Vincent waste facility.
− Plant No. 5117 has utilisation rate of 64% and an hour meter reading of 5,207 hrs.
It is proposed that Plant No. 5117 be replaced with a track loader of similar size and power with the replacement to be funded through a lease or hire purchase arrangement.
Plant No. 4944 – Truck Tipper Dual Cab 4T – Purchased 6/2/04
− Plant No. 4944 is used by Council’s Civil and Recreation Works division for the maintenance and construction of Council’s concrete works such as kerb and gutter, footpaths and cycleways.
− Plant No. 4944 has a utilisation rate of 98% and an odometer reading of 91,045 km.
It is proposed that Plant No. 4944 be replaced with a truck of similar size and power.
Plant No. 5488 – Ford Ranger Dual Cab with Canopy – Purchased 13/12/07
− Plant No. 5488 is used by Council’s Service Planning and Regulation division as a support vehicle for Council’s Rangers to carry out inspections, control of car parking and reserves, and for the collection of stray animals.
− Plant No. 5488 has a utilisation rate of 77% and an odometer reading of 57,176km.
It is proposed that Plant No. 5488 be replaced with vehicle of similar size and power.
Page (229) ORDINARY MEETING AGENDA 23 JUNE 2009
PLANT REPLACEMENT PROGRAM (Cont.) Plant No. 5489 – Ford Ranger Dual Cab with Canopy – Purchased 31/3/08
− Plant No. 5489 is used by Council’s Service Planning and Regulation division as a support vehicle for Council’s Rangers to carry out inspections, control of car parking and reserves, and for the collection of stray animals.
− Plant No. 5489 has a utilisation rate of 87% and an odometer reading of 36,694km.
It is proposed that Plant No. 5489 be replaced with a vehicle of similar size and power.
Plant No. 5490 –Commodore Utility with Tonneau Cover – Purchased 27/3/08
− Plant No. 5490 is used by Council’s Projects and City Services division for the Building Works Project Officer.
− Plant No. 5490 has a utilisation rate of 91% and an odometer reading of 35,415km.
It is proposed that Plant No. 5490 be replaced with a vehicle of similar size and power.
Plant No. 5487 – Ford Ranger Dual Cab with Canopy – Purchased 31/3/08
− Plant No. 5487 is used by Council’s Service Planning and Regulation division as a support vehicle for Council’s Rangers to carry out inspections, control of car parking and reserves, and for the collection of stray animals.
− Plant No. 5487 has a utilisation rate of 86% and an odometer reading of 64,749km.
It is proposed that Plant No. 5487 be replaced with a vehicle of similar size and power.
Plant No. 5486 – Ford Falcon Utility with Tonneau Cover – Purchased 19/2/08
− Plant No. 5486 is used by Council’s Civil and Recreation Works division for the Civil Maintenance Works Co-ordinator.
− Plant No. 5486 has a utilisation rate of 91% and an odometer reading of 40,042km.
It is proposed that Plant No. 5486 be replaced with a vehicle of similar size and power.
Plant No. 5483 – Ford Ranger Dual Cab with tray – Purchased 27/3/08
− Plant No. 5483 is used by Council’s Service Planning and Regulation division as a part of the environmental programs section and for landcare works.
− Plant No. 5483 has a utilisation rate of 85% and an odometer reading of 37,809km.
Page (230) ORDINARY MEETING AGENDA 23 JUNE 2009
PLANT REPLACEMENT PROGRAM (Cont.) It is proposed that Plant No. 5483 be replaced with a vehicle of similar size and power.
Plant No. 5339 – Ford Courier 4x4 Dual Cab Tipper – Purchased 24/1/07
− Plant No. 5339 is used by Council’s Civil and Recreation Works division for the transport of staff and equipment for the maintenance of Council’s roads, drainage and footpaths.
− Plant No. 5339 has a utilisation rate of 53% and an odometer reading of 59,447km.
It is proposed that Plant No. 5339 be replaced with a vehicle of similar size and power.
3.2 Minor Plant
Proposals for the disposal and replacement of existing minor plant in 2009/10 are listed below.
Plant No. 5039 – Mower PTO Driven Howard Stealth (3.6m) – Purchased 22/6/04
Plant No. 5039 is used by Council’s Civil and Recreation Works division for the maintenance of Council’s parks and reserves.
It is proposed that Plant No. 5039 be replaced with a similar mower and that P5039 be auctioned, with the proceeds used to offset the estimated changeover cost.
Plant No. 5040 – Mower PTO Driven Howard Stealth (3.6m) – Purchased 22/6/04
Plant No. 5040 is used by Council’s Civil and Recreation Works division for the maintenance of Council’s parks and reserves.
It is proposed that Plant No. 5040 be replaced with a similar mower and that P5040 be auctioned, with the proceeds used to offset the estimated changeover cost.
Plant No. 5177 – Mower PTO Driven Jarrett Folding Wing (3.6m) – Purchased 7/6/05
Plant No. 5177 is used by Council’s Civil and Recreation Works division for the maintenance of Council’s parks and reserves.
It is proposed that Plant No. 5177 be replaced with a similar mower and that P5177 be auctioned, with the proceeds used to offset the estimated changeover cost.
Plant No. 5041 – Mower PTO Driven Jarrett Slasher (2.4m) – Purchased 24/6/04
Plant No. 5041 is used by Council’s Civil and Recreation Works division for the maintenance of Council’s parks and reserves.
It is proposed that Plant No. 5041 be replaced with a slasher and that P5041 be auctioned, with the proceeds used to offset the estimated changeover cost.
Page (231) ORDINARY MEETING AGENDA 23 JUNE 2009
PLANT REPLACEMENT PROGRAM (Cont.) Plant No. 5292 – Mower PTO Driven Jarrett (2.4m) – Purchased 21/6/06 and Plant No. 5179 – Mower PTO Driven Jarrett (2.4m) – Purchased 7/6/05
Plant Nos. 5292 and 5179 are used by Council’s Civil and Recreation Works division primarily for the maintenance of highway medians and roadsides. Due to changes in work types (RTA doing highway median mowing from 1st July 2009), these plant items are no longer required and should be replaced with a 3.6m folding wing mower. The new folding wing will be used to do more broad area mowing instead of roadside mowing that was done by the two 2.4m mowers.
It is proposed that Plant Nos. 5292 and 5179 be replaced with a single 3.6m folding wing mower and that P5292 and P5179 be auctioned, with the proceeds used to offset the estimated changeover cost.
Plant No. 5348 – John Deere LX280 Ride-on Mower – Purchased 30/6/05
Plant No. 5348 is used by Council’s Civil and Recreation Works division for the maintenance of Council’s parks and reserves. Council has been changing over ride- on mowers to zero turn mowers with trailers due to their increased productivity and it is proposed to do the same with this item of plant.
It is proposed that Plant No. 5348 be replaced with a zero turn mower and trailer, that P5348 be used at Maitland Pool, and the current Maitland Pool mower (P4748) be auctioned, with the proceeds used to offset the estimated changeover cost.
Part 3 – SES Plant Replacement Program
A review has been undertaken on the ten (10) year SES Plant Replacement Program. The proposed program is included as Attachment 3 to this report and is consistent with previous SES plant replacement programs.
Proposals for the disposal and replacement of existing SES plant in 2009/10 are listed below.
Plant No. 4990 – Ford Transit Dual Cab – Purchased 30/6/04
Plant No. 4990 is used by the Maitland SES as an emergency response vehicle. In accordance with the SES ten (10) year plant replacement program, P4990 is due for replacement in 2009/10.
It is proposed that Plant No. 4990 be replaced with a vehicle of similar size and power.
FINANCIAL IMPLICATIONS An allocation of $982,000 has been made in the 2009/10 budget for the major and minor plant replacement programs. The proposed program for major and minor plant replacement will be contained within this budget allocation.
Page (232) ORDINARY MEETING AGENDA 23 JUNE 2009
PLANT REPLACEMENT PROGRAM (Cont.) POLICY IMPLICATIONS The adoption of this report will result in variations to the plant that is listed in Council’s adopted 15 year plant replacement program.
Proposed replacement periods are in accordance with Council’s policy for changeover periods.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page (233) ORDINARY MEETING AGENDA 23 JUNE 2009
PLANT REPLACEMENT PROGRAM (Cont.)
City Works and Services Reports
PLANT REPLACEMENT PROGRAM
15 Year Plant Replacement Program
Meeting Date: 23 June 2009
Attachment No: 1
Number of Pages: 3
Page (234) ORDINARY MEETING AGENDA 23 JUNE 2009
PLANT REPLACEMENT PROGRAM (Cont.)
Page (235) ORDINARY MEETING AGENDA 23 JUNE 2009
PLANT REPLACEMENT PROGRAM (Cont.)
Page (236) ORDINARY MEETING AGENDA 23 JUNE 2009
PLANT REPLACEMENT PROGRAM (Cont.)
Page (237) ORDINARY MEETING AGENDA 23 JUNE 2009
PLANT REPLACEMENT PROGRAM (Cont.)
City Works and Services Reports
PLANT REPLACEMENT PROGRAM
2009/10 Annual Plant Replacement Program
Meeting Date: 23 June 2009
Attachment No: 2
Number of Pages: 1
Page (238) ORDINARY MEETING AGENDA 23 JUNE 2009
PLANT REPLACEMENT PROGRAM (Cont.)
Page (239) ORDINARY MEETING AGENDA 23 JUNE 2009
PLANT REPLACEMENT PROGRAM (Cont.)
City Works and Services Reports
PLANT REPLACEMENT PROGRAM
10 Year SES Plant Replacement Program
Meeting Date: 23 June 2009
Attachment No: 3
Number of Pages: 1
Page (240) ORDINARY MEETING AGENDA 23 JUNE 2009
PLANT REPLACEMENT PROGRAM (Cont.)
Page (241) ORDINARY MEETING 23 JUNE 2009
14 ITEMS FOR INFORMATION
14.1 KEY PERFORMANCE INDICATORS - MAY 2009
File No: 35/57 Attachment/s: Nil Responsible Officer: Graeme Tolhurst - Group Manager Finance and Administration Author: Melissa Allen - Executive Assistant Marketing and Business Services
EXECUTIVE SUMMARY
This report provides Council with information in relation to performance against key indicators.
OFFICER’S RECOMMENDATION
THAT the information contained in this Report be noted.
REPORT
This report provides regular monthly data against a set of core key performance indicators.
These types of indicators align broadly with Council’s adopted Key Focus Areas and together provide an overall snapshot of activity in the Maitland Local Government Area.
The aim of such reporting is to present the data in an informative and easily understood manner, so that Council can easily determine trends and / or anomalies that may require action. It is also intended that this type of reporting will provide an opportunity to highlight any key issues of particular importance to Council.
Performance Indicator: Approval Statistics
Approval statistics provide an indication of the level of building and development activity in the LGA, as well as the efficiency and effectiveness of our processing systems.
Data is presented showing trends over the last twelve months for the number of applications (DAs and CCs) lodged with Council, the number approved and the number that remain outstanding. Median days and the estimated value of development and construction are also presented.
For the 12 month period of June 2008 through to May 2009, the average monthly number of lodged Development Applications was 84 and the average monthly number of applications approved was 88. In May 2009, there were 84 applications
Page (242) ORDINARY MEETING 23 JUNE 2009
KEY PERFORMANCE INDICATORS - MAY 2009 (Cont.) lodged and 98 applications approved. The number of applications on-hand has decreased to 178.
The Median Processing Times for Development Applications in May 2009 has increased to 25 days. The average Median Days for the twelve month period is 22 days.
For the 12 (twelve) month period June 2008 through to May 2009, the average monthly number of lodged Construction Certificates was 52 and the average monthly number of approved Construction Certificates was 53. In May 2009, there were 52 Construction Certificates lodged and 48 approved. There are currently 101 applications on-hand.
The Median Processing Times for Construction Certificates in May 2009 has increased to 20 days. The twelve month period is 14 days.
For the 12 (twelve) month period June 2008 through to May 2009, the average monthly number of lodged DA S96 Applications was 11 and the average monthly number of determined DA S96 Applications was 10. In May 2009, there were 9 DA S96 Applications lodged and 9 determined. There are currently 33 applications on- hand.
Page (243) ORDINARY MEETING 23 JUNE 2009
KEY PERFORMANCE INDICATORS - MAY 2009 (Cont.)
DAs - On-Hand, Lodged & Approved Applications
120 300
250
100 200
150
80 100
50
60 0
Jun-08 Jul-08 Aug-08 Sep-08 Oct-08 Nov-08 Dec-08 Jan-09 Feb-09 Mar-09 Apr-09 May-09
Lodged 90 79 89 85 85 83 65 67 80 107 97 84 Approved 7911497996883836577939598 On-Hand 239 203 195 177 193 194 176 177 180 191 193 178
DAs - Median Processing Times
35
30
25
20
15
10
5
0
Jun-08 Jul-08 Aug-08 Sep-08 Oct-08 Nov-08 Dec-08 Jan-09 Feb-09 Mar-09 Apr-09 May-09
Calendar Days 24 27 18 15 19 18 23 29 21 28 23 25
DAs - Estimated Value of Development
$30,000
$25,000
$20,000
$15,000 $'000s $10,000
$5,000
$0
Jun-08 Jul-08 Aug-08 Sep-08 Oct-08 Nov-08 Dec-08 Jan-09 Feb-09 Mar-09 Apr-09 May-09
Estimated Value $20,823 $17,369 $19,130 $8,339 $8,464 $26,700 $23,202 $5,889 $11,659 $8,545 $12,061 $23,011
Page (244) ORDINARY MEETING 23 JUNE 2009
KEY PERFORMANCE INDICATORS - MAY 2009 (Cont.)
CCs - On-Hand, Lodged & Approved Applications
80 140 120 60 100 80 40 60 40 Trendline - 20 Approved 20 0 0
Jun-08 Jul-08 Aug-08 Sep-08 Oct-08 Nov-08 Dec-08 Jan-09 Feb-09 Mar-09 Apr-09 May-09
Lodged 55 47 52 58 58 53 38 45 52 73 45 52 Approved 48 67 53 59 48 52 46 47 49 58 62 48 On-Hand 121 100 99 97 107 108 100 99 102 115 98 101
CCs - Median Processing Times
30
25
20
15
10
5
0
Jun-08 Jul-08 Aug-08 Sep-08 Oct-08 Nov-08 Dec-08 Jan-09 Feb-09 Mar-09 Apr-09 May-09
Calendar Days 19 17 10 12 13 15 15 2 6 17 2 1 19 2 0
CCs Estimated Value of Construction
$9,000 $8,000 $7,000 $6,000 $5,000 $4,000 $'000s $3,000 $2,000 $1,000 $0
Jun-08 Jul-08 Aug-08 Sep-08 Oct-08 Nov-08 Dec-08 Jan-09 Feb-09 Mar-09 Apr-09 May-09
Estimated Value $6,304 $8,238 $4,994 $4,159 $3,662 $3,750 $3,381 $3,958 $4,682 $4,753 $4,151 $5,019
Page (245) ORDINARY MEETING 23 JUNE 2009
KEY PERFORMANCE INDICATORS - MAY 2009 (Cont.)
DA S96 Applications - On-Hand, Lodged & Determined Applications
40 40 35 35 30 30 25 25 20 20 15 15 10 10 5 5 0 0 Jun-08 Jul-08 Aug-08 Sep-08 Oct-08 Nov-08 Dec-08 Jan-09 Feb-09 M ar-09 Apr-09 M ay-09
S96 Applications Lodged 14 11 13 12 16 8 8 9 7 11 12 9 S96 Applications Determined 11 10 10 11 18 13 6 10 5 12 9 9 S96 Applications On Hand 28 29 31 32 30 25 27 26 28 27 33 33
Page (246) ORDINARY MEETING 23 JUNE 2009
KEY PERFORMANCE INDICATORS - MAY 2009 (Cont.)
Performance Indicator: Consolidated Development Services Income
The following graph shows actual YTD consolidated Development Services income to May 2009.
$2,250,000 YTD CONSOLIDATED DEVELOPMENT SERVICES INCOME 2008/2009 $2,000,000
$1,750,000
$1,500,000
$1,250,000
$1,000,000
$750,000
$500,000
$250,000
$0 J 08 A 08 S 08 O 08 N 08 D 08 J 09 F 09 M 09 A 09 M 09 J 09
Org Vote $172,375 $344,750 $517,125 $689,500 $861,875 $1,034,250 $1,206,625 $1,379,000 $1,551,375 $1,723,750 $1,896,125 $2,068,500 YTD $99,376.03 $322,969.2$446,203.8 $539,848.8$621,591.74 $752,570.16$840,236.3 $962,623.0$1,102,645.1$1,215,449. $1,360,929. $0.00 Adj Vote $172,375 $344,750 $517,125 $629,167 $786,458 $943,750 $977,958 $1,117,667 $1,257,375 $1,340,000 $1,474,000 $1,608,000
Actual income is shown below.
$250,000.00 MONTHLY CONSOLIDATED DEVELOPMENT SERVICES INCOME 2008/2009
$225,000.00
$200,000.00
$175,000.00
$150,000.00
$125,000.00
$100,000.00
$75,000.00
$50,000.00
$25,000.00
$0.00 J 08 A 08 S 08 O 08 N 08 D 08 J 09 F 09 M 09 A 09 M 09 J 09
A ct ual $99,376.03$223,593.2 $123,234.6 $93,644.9 $81,742.89 $130,978.4 $87,666.15$122,386.7$140,022.0 $112,804.2 $145,480.3 $0.00 $172,375 $172,375 $172,375 $157,292 $157,292 $157,292 $139,708 $139,708 $139,708 $134,000 $134,000 $134,000 A V M ont hly
Page (247) ORDINARY MEETING 23 JUNE 2009
KEY PERFORMANCE INDICATORS - MAY 2009 (Cont.) Performance Indicator: Patronage of Community Services
Patronage at Council’s libraries, art gallery and childhood immunisation clinics are displayed graphically below to more clearly identify trends of usage at the various facilities.
Libraries
Overall patronage trends at Council’s libraries for the months March to May 2009 inclusive are higher to the patronage trends for the corresponding period last year. Total patronage for all libraries for this three month period was 1.57% higher than the corresponding period last year. The same comparison but on an individual library basis reveals the following comparisons:
City 0.47% lower East Maitland 5.29% lower Rutherford 6.50% higher Thornton 10.84% higher
LIBRARY VISITORS 25,000
20,000
15,000
10,000
5,000
0 Mar 2008 Apr 2008 May 2008 Mar 2009 Apr 2009 May 2009 Library Visitors City 5,237 5,558 5,424 5,835 5,161 5,146 East 6,775 8,048 7,634 7,344 7,175 6,750 Ruth 3,750 4,632 4,299 4,498 4,625 4,382 Thorn 3,308 5,230 4,898 4,842 5,156 4,894 Total 19,070 23,468 22,255 22,519 22,117 21,172
Page (248) ORDINARY MEETING 23 JUNE 2009
KEY PERFORMANCE INDICATORS - MAY 2009 (Cont.) Art Gallery
BUSINESS LEVELS MRAG closed its doors to the public 11 May 2008. From then until the art gallery reopens staff are working towards implementing the strategic plan for the direction of all aspects of the gallery facility in preparation of the reopening in August 2009.
EDUCATION
5th,12th, 19th, 26th, May. Art Tuesdays classes. 4:00pm – 5:30pm Tuesday evenings with children aged 6-12. The children in this term’s classes are focusing on changing seasons and trees.
7th, 8th May. Free Art workshops in the Maitland Heritage Mall. 11am – 1pm both days. MRAG held a free children’s art workshop in conjunction with the Maitland Heritage Mall to promote MRAG’s upcoming exhibition space for children, the Art Factory.
Funding In May, MRAG learned that a grant application to Arts NSW had been successful. The grant program, entitled ConnectEd, aims to bring schools to arts experiences. MRAG will host over 10 disadvantaged schools from the area at the art gallery for free workshops, art tours and art talks. Also, MRAG will send an artist to each school to visit the classes involved. Using this grant, MRAG will reach over 500 primary students.
PUBLIC PROGRAMS
Adult Workshops and Art Classes During the closure, MRAG has continued to present practical art making workshops and classes off site. Gwendolyn Lewis’ popular series of art classes are held on Monday mornings and Tuesday evenings at Buchanan Gallery just out of Maitland.
Gallery Hire Currently the art gallery is unavailable for hire. However, a number of booking have already been made for future gallery use. There is a book launch planned for July 24 in conjunction with Maitland Library to support locally based but internationally renowned author Barry Maitland. MCC has also taken the opportunity to showcase the new gallery with a booking in August for the Master Builders Association-Hunter Region. Maitland Arts Council has also requested MRAG as a future venue for their events.
Audience Development Regional Conversations Stage Two began in May 2009 with Dr Barbara Piscitelli AM visiting MRAG to implement the delivery of the next phase of Regional Conversations. This project began in 2008 with grant funds received from Arts NSW and involved a series of community consultations facilitated by Dr Piscatelli. This next stage seeks to implement the outcomes of the first stage with the delivery of a series of public programs and events with an aim to develop and grow the art going audience in Maitland.
Page (249) ORDINARY MEETING 23 JUNE 2009
KEY PERFORMANCE INDICATORS - MAY 2009 (Cont.)
MRAG EXHIBITIONS (In house and touring)
MRAG Exhibition Program There is no exhibition currently on show at MRAG. The consolidation of the gallery exhibition program for the next three years continues, with final arrangements being set in place with artists, curators and private lenders for the opening exhibitions.
On the 11th and 12th May artist Fiona Davies conducted more interviews with local people to uncover their stories about the Technical College and Museum, previous uses of the MRAG building. These memories will be used by the artist to develop her exhibition, Intangible Collections at MRAG in August. More interviews are to be held on the 9th and 10th of June.
MRAG Touring Exhibitions There are two touring exhibitions touring from MRAG in 2009. The exhibitions, Hanna Kay - Undertow and Salvatore Zofrea - Days of Summer are being promoted to galleries and institutions across the east coast of Australia. Both exhibitions will also be exhibited at MRAG.
The exhibition Salvatore Zofrea – Days of Summer is currently on exhibition at Orange Regional Gallery. Due to the success of the MRAG touring package, Orange Regional Gallery has now booked MRAG’s other touring exhibition Hanna Kay – Undertow for 2011. Adjustments to the Zofrea package have been made with the addition of an Advertisement Template for venues to use and also two DVDs, provided by the artist, to show in the galleries and complement the exhibition. A weblink has been created by Cressida Goddard to make all Touring Manual support material accessible to venues prior to receiving the hard copy package. Cheryl continues to work on the Hanna Kay - Undertow touring package. The Judy Cassab exhibition closed in Dalby Queensland at the end of April and was returned to MRAG on 12th May. The condition of the works has been checked and noted, the works were repackaged in preparation for return to Judy Cassab.
Future exhibition plan MRAG is currently completing the 2009 and 2010 artistic program. From August until December 2009 there are 14 exhibitions planed and so far 33 different exhibitions planned for 2010. The exhibition program is made up from exhibition curated by MRAG and in some cases the exhibitions are touring exhibitions sourced externally. Planning has also begun for 2011 exhibitions.
Page (250) ORDINARY MEETING 23 JUNE 2009
KEY PERFORMANCE INDICATORS - MAY 2009 (Cont.)
Immunisation Clinics
Immunisation attendances which increased since the introduction of the national Childhood Pneumococcal Vaccination Program in January 2005, have plateaued and remained stable in recent months. As an immunisation provider, Maitland City Council will continue to administer this expanded program for the children of Maitland.
IMMUNISATION ATTENDANCES
80
70
60
50
40
30
20
10
0 Mar-08 Apr-08 May-08 Mar 09 Apr 09 May 09 Immunisation Attendances Thornton 18 11 7 15 16 14 Rutherford 31 30 25 27 30 30 Town Hall 17 22 14 21 30 27 Total 66 63 46 63 76 71
Page (251) ORDINARY MEETING 23 JUNE 2009
KEY PERFORMANCE INDICATORS - MAY 2009 (Cont.)
Swimming Pool Attendance
The swimming pool attendance figures will resume with the reopening of the Aquatic Centres in September 2009.
Swimming Pool Attendance
20000 25000 18000 16000 20000 14000 12000 15000 10000 8000 10000 6000 4000 5000 2000 0 0 Oct Nov- Dec- Jan- Feb- Mar- Apr- Sep Oct - Nov- Dec- Jan- Feb- Mar- Apr- 07 07 07 08 08 08 08 08 08 08 08 09 09 09 09
Maitland Pool 1128 11043 7600 1092112067 6198 1298 378 10056 12674 10843 17259 12625 9306 2122 East M aitland Pool 9465 9845 7472 7414 6943 3255 293 0 4549 7234 5970 6230 7240 5638 Tot al A t t endance 10 59 3 2 0 8 8 8 15072 1833519010 9453 1591 378 14605 19908 16813 23489 19865 14944 2122
Page (252) ORDINARY MEETING 23 JUNE 2009
KEY PERFORMANCE INDICATORS - MAY 2009 (Cont.)
Performance Indicator: Marketing and Business Strategy
Visitor Information Centre
Enquiries through the Maitland Visitor Information Centre for May 2009 totalled 15,896 bringing the total number of enquiries for 2009 to 106,582. It is important to note that whilst the figures for personal, mail and phone enquiries have remained similar to 2008, website visitation is down. This is a result of a change in the analytics tool that is being used, which means that visitation and page visits are tracked differently.
Throughout the month of May, Maitland Tourism has been coordinating a number of initiatives including distribution of the creative briefs for the special 25th anniversary branding of Steamfest, the 2009 Bitter & Twisted International Boutique Beer Festival and concepts for a new event to be held in July 2010 (a report will be presented to Council on this event in the coming months). The brief has also been distributed for the 2009/10 Maitland Hunter Valley marketing campaign and staff have been working on finalising the 2009/10 Partnership Prospectus.
The Maitland, Hunter Valley website www.maitlandhuntervalley.com.au attracted 11,443 visitors who visited 30,403 pages.
VISITOR INFORMATION CENTRE ENQUIRIES
29,800
24,800
19,800
14,800
9,800
4,800
-200 Mar 2008 Apr 2008 May 2008 Mar 2009 Apr 2009 May 2009
Personal 3,235 4,671 3,023 3,619 4,606 3,085 Telephone 1,961 3,392 1,095 1,666 2,435 1,008 Mail 301 839 325 280 401 360 Internet 26,327 29,843 23,153 16,085 27,599 11,443
Maitland Reservations through the on line system that operates in conjunction with the website secured 69 bookings for the month of May totalling $10,783 of instantly confirmed and paid bookings. The Maitland Visitor Information Centre receives 11% commission in income from these bookings.
The graph below displays the total number of bookings taken for the month of May along with total number of nights, average number of nights and average value per booking. The Centre booked a total of 69 bookings totalling 95 nights.
Page (253) ORDINARY MEETING 23 JUNE 2009
KEY PERFORMANCE INDICATORS - MAY 2009 (Cont.)
VISITOR INFORMATION CENTRE ACCOMMODATION BOOKINGS
140 $16,000
120 $14,000 $12,000 100 $10,000 80 $8,000 60 $6,000 40 $4,000
20 $2,000
0 $0
Jun-08 Jul-08 Aug-08 Sep-08 Oct-08 Nov-08 Dec-08 Jan-09 Feb-09 Mar-09 Apr-09 May-09 Number of Nights 68 42 65 94 107 62 55 75 78 125 98 95 Bookings 53 29 48 61 73 51 43 68 72 95 60 69 Total Cost $7,327 $4,346 $7,792 $10,792 $11,977 $6,611 $6,916$8,363 $9,272 $14,916 $10,940 $10,783
Page (254) ORDINARY MEETING 23 JUNE 2009
KEY PERFORMANCE INDICATORS - MAY 2009 (Cont.) Maitland Gaol
Total tour visitation was down on the same month last year by 14% particularly in the daytime guided tours. Self guided tours were up marginally on 2008 and night tours were firm. However, over the 5 year average, total tour numbers were only marginally down, continuing the trend of several months. The specific drops in types of tours can be attributed to the economic situation and the current unavailability of meal and tour packages which should be overcome by the reestablishment of a café on site from early July. Total numbers through the site were only slightly down (3.6%) on 2008 and were up on the 5 year average, due primarily to the regular Battlezone Laser Skirmish now using the site at least 2 nights a week. Final year figures look as though we will reach the 20,000 tour visits which will be down on 2007/2008 but still a good result. Due to the major new, large scale activities now using the site throughout the year, total numbers will well exceed 30,000 for 2008/2009 (already 31,869), the first time they have exceeded 25,000 for a financial year since records have been maintained under the current management structure.
Like the visitation statistics, web statistics are down slightly on the same period last year which had an unexplained peak in May 2008. The figures do however maintain the current year’s trends with 13,576 unique visits for the month (the highest since November 2008) and 1,818 unique visitors which has maintained an almost uniform number since December 2008.
Statistically, May and June have proven to be fairly volatile months of the year and it is expected that June 2009 will be no different.
Maitland Gaol Visitation Numbers
3000 2500 2000 1500 1000 500 0 Mar-08 Apr-08 May-08 Mar-09 Apr-09 May-09 Vis itors Vis itors 1975 2206 2124 2169 2646 2048
Page (255) ORDINARY MEETING 23 JUNE 2009
KEY PERFORMANCE INDICATORS - MAY 2009 (Cont.) Performance Indicator: Food Premises Inspections
The number of inspections undertaken at Food Premises over the last 12 months is graphically presented below. The average number of monthly food premises inspections for this period was 21.
During the month of May there was 1 Improvement Notice issued and 0 Penalty Infringement Notice issued.
FOOD PREMISES INSPECTIONS
50
40
30
20
10
0 Jun- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jul-08 08 08 08 08 08 08 09 09 09 09 09 Inspections 46 11 14 31 41 32 5 16 30 1 17 11
Page (256) ORDINARY MEETING 23 JUNE 2009
KEY PERFORMANCE INDICATORS - MAY 2009 (Cont.) Performance Indicator: Customer Request System
The chart below shows data from 2008/2009 for Council’s customer service request system. This system records and monitors complaints and requests from the community.
It should be noted that given the nature of some of the requests received (eg capital projects that may not form part of Council’s adopted rolling works program), resources available and the varying service levels set for differing types of requests, there will always be a certain level of outstanding items in the system.
Customer Request System
1200 1000 900 1000 800 800 700 600 Received 600 500 completed 400 outstanding 400 300 200 200 100 0 0 Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- 08 08 08 08 08 08 08 09 09 09 09 09
Received 739 913 729 950 892 835 832 936 865 901 900 803 completed 744 1068 823 884 961 791 790 879 840 867 866 862 outstanding 891 713 619 679 605 640 659 698 713 735 782 722
Page (257) ORDINARY MEETING 23 JUNE 2009
KEY PERFORMANCE INDICATORS - MAY 2009 (Cont.)
Performance Indicator: Rates Collections
As at 30th June 2008, 5.30% of rates levied for the 2007 / 2008 year remained uncollected. (In comparison, as at 30th June 2007, 5.41% of the rates levied for the 2006 /2007 year remained uncollected). The graph below shows the reductions achieved per month in the percentage of rates in arrears. Remaining arrears continue to be pursued through Council’s debt recovery agency and by Council’s debt recovery officer.
Percentage of Rates in Arrears
5.00%
4.00%
3.00%
2.00%
1.00%
0.00% Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May June Fin Year 2006/07 5.02 4.28 3.87 3.24 2.98 2.67 2.42 2.27 2.06 1.89 1.79 1.64 1.55 Fin Year 2007/08 5.41 4.61 3.97 3.57 2.64 2.32 2.16 1.96 1.75 1.63 1.52 1.36 1.22 Fin Year 2008/09 5.30 3.76 3.13 2.70 2.22 1.99 1.76 1.61 1.47 1.35 1.25 1.14
As at 30th June 2008 the total rates outstanding was $1,377,542. At 31st May 2009 $374,675.52 of those rates remains unpaid.
Page (258) ORDINARY MEETING AGENDA 23 JUNE 2009
14.2 MONTHLY FINANCIAL REPORT - MAY 2009
File No: 35/53 Attachments: 1. May 09 Financial Reports Responsible Officer: Graeme Tolhurst - Group Manager Finance and Administration Author: Alicia Perry - Expenditure Accountant
EXECUTIVE SUMMARY
This report contains relevant performance data for Council. Besides being a valuable management tool, it is a performance reporting mechanism to the general community.
OFFICER’S RECOMMENDATION
THAT the information contained in this Report be noted.
REPORT
The Income statement shows a surplus to the end of May 2009 of $13,930,000. Income is generally in line with budget year to date figures with the exception of interest and investment income, which is below budget due to the default of one of Council’s CDO investments, which was previously reported to Council.
Expenses are below budget year to date figures, with the major item being Materials and Contracts, which are below budget by $4.0 million. A number of projects have been scheduled for completion in June 2009, including RTA ordered works projects that have only recently been received from RTA. A number of other projects are proposed to be carried forward to be completed in 2009/10 including grant and reserve projects such as the Bero Tarwood project, the Community Sensory Garden, the East Maitland Gas Works Remediation Review and Greening Plan works.
The Balance sheet shows that Council has net assets totalling $595,261,000.
Page (259) ORDINARY MEETING AGENDA 23 JUNE 2009
MONTHLY FINANCIAL REPORT - MAY 2009 (Cont.)
Items for Information
MONTHLY FINANCIAL REPORT - MAY 2009
May 09 Financial Reports
Meeting Date: 23 June 2009
Attachment No: 1
Number of Pages: 2
Page (260) ORDINARY MEETING AGENDA 23 JUNE 2009
MONTHLY FINANCIAL REPORT - MAY 2009 (Cont.)
Page (261) ORDINARY MEETING AGENDA 23 JUNE 2009
MONTHLY FINANCIAL REPORT - MAY 2009 (Cont.)
Page (262) ORDINARY MEETING AGENDA 23 JUNE 2009
14.3 LOCAL TRAFFIC COMMITTEE MINUTES FOR JUNE 2009
File No: 140/5 Attachments: 1. Draft Local Traffic Committee Meeting Minutes - June 2009 Responsible Officer: Chris James - Group Manager Assets & Infrastructure Planning Stephen Hawes - Manager Infrastructure Planning and Administration Scott Henderson - Infrastructure Planning Engineer Author: Kenneth Splatt - Traffic Officer
EXECUTIVE SUMMARY
Draft minutes of Maitland City Council’s Local Traffic Committee Meeting held Thursday, 4 June 2009, are attached for Council’s information. These draft minutes will be adopted at the next Local Traffic Committee Meeting to be held Thursday, 2 July 2009.
OFFICER’S RECOMMENDATION
THAT the information contained in this Report be noted.
REPORT
The draft minutes of Maitland City Council’s Local Traffic Committee Meeting held Thursday, 4 June 2009, are attached for Council’s information. These draft minutes will be adopted at the next Local Traffic Committee Meeting to be held Thursday, 2 July 2009.
Page (263) ORDINARY MEETING AGENDA 23 JUNE 2009
LOCAL TRAFFIC COMMITTEE MINUTES FOR JUNE 2009 (Cont.)
Items for Information
LOCAL TRAFFIC COMMITTEE MINUTES FOR JUNE 2009
Draft Local Traffic Committee Meeting Minutes - June 2009
Meeting Date: 23 June 2009
Attachment No: 1
Number of Pages: 6
Page (264) ORDINARY MEETING AGENDA 23 JUNE 2009
LOCAL TRAFFIC COMMITTEE MINUTES FOR JUNE 2009 (Cont.)
Page (265) ORDINARY MEETING AGENDA 23 JUNE 2009
LOCAL TRAFFIC COMMITTEE MINUTES FOR JUNE 2009 (Cont.)
Page (266) ORDINARY MEETING AGENDA 23 JUNE 2009
LOCAL TRAFFIC COMMITTEE MINUTES FOR JUNE 2009 (Cont.)
Page (267) ORDINARY MEETING AGENDA 23 JUNE 2009
LOCAL TRAFFIC COMMITTEE MINUTES FOR JUNE 2009 (Cont.)
Page (268) ORDINARY MEETING AGENDA 23 JUNE 2009
LOCAL TRAFFIC COMMITTEE MINUTES FOR JUNE 2009 (Cont.)
Page (269) ORDINARY MEETING AGENDA 23 JUNE 2009
LOCAL TRAFFIC COMMITTEE MINUTES FOR JUNE 2009 (Cont.)
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14.4 CORRESPONDENCE ANALYSIS
File No: 35/61 Attachments: Nil Responsible Officer: Graeme Tolhurst - Group Manager Finance and Administration Author: Matthew Ryan - Corporate Documents Coordinator
EXECUTIVE SUMMARY
This report contains valuable information in relation to Council’s outstanding correspondence. The report is a valuable management tool within the organisation and provides information in relation to the guidelines for replying to correspondence.
OFFICER’S RECOMMENDATION
THAT the information contained in this Report be noted.
REPORT
TOTAL Number of Documents Received May 2009 2881 TOTAL Number of Documents Sent May 2009 2785 Note 1: The figures shown above relate to all documents received and sent by Council and include all property applications and items for information.
ACTIONABLE DOCUMENTS OUTSTANDING TOTAL Outstanding Over 30 Days 30/4/2009 62 PLUS Actionable Items Received May 2009 42 LESS Outstanding Items Actioned May 2009 73 TOTAL Number of Outstanding Documents 31/5/2009 31 Over 30 Days Note 2: Many of the documents received by Council are dealt with by formal processes, such as Development Applications. Council processes will trigger the necessary action, whether it is a response to a developer or result of a tender. These items are not included in this table. This table relates to documents that do not have a formal process and therefore acts as a safety net for actionable correspondence.
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CORRESPONDENCE ANALYSIS (Cont.)
ACTIONABLE DOCUMENTS BY CATEGORY • Approvals 4
• Customer Service Requests 4 • General 17 • Works/Projects - • Rating 6 TOTAL Outstanding Over 30 Days 31/5/2009 31 Note 3: This table is a further dissection of the actionable documents. The full implementation of the Electronic Document Management System will provide an enhanced reporting facility.
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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15 NOTICES OF MOTION/RESCISSION
Nil 16 QUESTIONS WITHOUT NOTICE
17 URGENT BUSINESS
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18 COMMITTEE OF THE WHOLE
18.1 LEASE BY COUNCIL OF CAR PARKING AREA CNR CHARLES STREET AND KEN TUBMAN DRIVE MAITLAND FROM THE UNITING CHURCH IN AUSTRALIA PROPERTY TRUST (NSW)
File No: P12927 P37952 Attachments: 1. Location Plan Responsible Officer: Graeme Tolhurst - Group Manager Finance and Administration Author: Frank Shrimpton - Property/Risk Coordinator THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows: (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
EXECUTIVE SUMMARY
Council has leased land for public car parking on the corner of Charles Street and Ken Tubman Drive Maitland from the Uniting Church for several years. The Church is prepared to renew the Lease for a further period of 3 years.
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18.2 MOUNT VINCENT LANDFILL
File No: P44197 Attachments: 1. Report on Mount Vincent Waste Facility, GHD April 2009 Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation David Simm - Manager Development and Environment Author: Deanne Nelson-Pritchard - Senior Environmental Health Officer THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows: (d) (i) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it; AND (d) (ii) information that would, if disclosed, confer a commercial advantage on a competitor of the council.
EXECUTIVE SUMMARY
This report provides Council with an update on the Mount Vincent Landfill following a recent investigation. This report discusses and explains the results of the investigation and steps required following these results.
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18.3 LEGAL TENDER
File No: 137/1171 Attachments: 1. LEGAL SERVICES MATRIX 2009 Responsible Officer: Graeme Tolhurst - Group Manager Finance and Administration Author: Graeme Tolhurst - Group Manager Finance and Administration THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows: (d) (i) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.
EXECUTIVE SUMMARY
Maitland City Council called tenders in May 2009 for the provision of Legal Services. The period of the tender is July 2009 to June 2012. The tender called for legal services for the following areas:
1. Planning, Environmental and Local Government Law (litigation and advice); 2. Property Law 3. Other (including tendering, risk management, intellectual property and commercial law) 4. Employment Law
Council received a total of 18 tenders. Some of the tenders did not offer for all of the categories. After a lengthy discussion and investigation of all of the tenderers, it was decided to appoint a panel of two firms to each category.
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19 CLOSURE
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