Business Paper
Ordinary Meeting
Venue: Administrative Headquarters Civic Place Katoomba
Meeting: 7.30pm 8 June, 2010
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ORDINARY MEETING
8 JUNE 2010
AGENDA
ITEM PAGE SUBJECT COMMENTS NO.
PRAYER/REFLECTION (and Recognition of the Traditional Owners, the Darug and Gundungurra People)
APOLOGIES
CONFIRMATION OF MINUTES
Ordinary Meeting held on 18 May 2010
DECLARATIONS OF INTEREST
MINUTE BY MAYOR
1 17 General Manager Selection Panel
NOTICES OF RESCISSION
2 21 Felled Trees at Major Mitchell Reserve, East Blaxland
PROVIDING GOOD GOVERNMENT
3 25 Schedule of invested monies for April 2010 Attachment x 1
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ITEM PAGE SUBJECT COMMENTS NO. 4 31 Community Assistance / Donations - Recommendations by Councillors
5 32 Fees payable to the Mayor and Councillors 2010/11
6 34 Membership Renewal with Lachlan Regional Transport Committee
LOOKING AFTER ENVIRONMENT
7 36 Provision of Recycling Facilities in Public Spaces Throughout the Blue Mountains LGA Attachment x 1
8 44 Draft Weed Strategy 2010 Enclosure x 1
LOOKING AFTER PEOPLE
9 47 Future Bookings of Warrimoo Citizens' Hall
10 51 Promotion of the National Heart Foundation Walking Program Based in Blackheath
11 53 Katoomba Skate Park Alternative Locations
12 62 Tree Planting At Bundah St Winmalee
13 65 Year Round Access to the Kiosk and Toilets, Blackheath Memorial Pool
USING LAND FOR LIVING
14 68 Restoration of Lawson Shops Facade Attachments x 3
15 74 Confidential Business Paper - Proposed Purchase Of RTA Land - Lawson Town Centre - Lot 54, 56 And 57 In Dp1130340
16 75 Blue Mountains Local Environmental Plan 2005 - Amendment 16 - Rezoning of certain land at White Cross Road Winmalee for a medical centre. Attachment x 1
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ITEM PAGE SUBJECT COMMENTS NO.
17 104 Joint Regional Planning Panels - Review and Changes Attachment x 1
18 110 Section 96(2) Modification Application XM/786/2007/A - Blue Mountains Cultural Centre, Library, Coles Supermarket, Specialty Retail Shops with two basement parking levels, Parke Street, Katoomba Attachments x 4
19 201 Development Application No. X/85/2010 for alterations and additions to the existing dwelling on Lot 10 DP 625732, 10 Jellicoe Street, Blackheath Attachments x 2
20 216 Development Application No. X/1070/2009 for a new Visitor Centre on Lot B DP 389723, The Everglades, 37-49 Everglades Avenue, Leura Attachments x 3
MOVING AROUND
21 280 Improvements to Accessibility in Pioneer Place, Katoomba for Pedestrians, Cyclists and People with Disabilities
22 288 Grose Road Faulconbridge - Traffic Calming Device north of Douglas Street
23 292 Weight Restriction on Harley Avenue, Mt Victoria Attachment x 1
WORKING AND LEARNING
24 298 Expression of Appreciation to Federal Government for Blue Mountains Clean Technology Park Grant
NOTICES OF MOTION
25 303 Commuter Car Park at Glenbrook Railway Station
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ITEM PAGE SUBJECT COMMENTS NO. 26 304 Residents Vote on the Issue of a Popularly Elected Mayor for the Blue Mountains LGA
27 305 Fumes and Toxic Effluent at Attunga Road, East Blaxland
28 306 State Rail plans for Closure of CCTV and Alarm Monitoring Stations, Including Katoomba
29 307 Unflued Gas Heaters in Public Schools
PRECIS OF SELECTED CORRESPONDENCE
30 311 Precis of Selected Correspondence - 8 June 2010 Attachments x 4
RESPONSES TO QUESTIONS WITHOUT NOTICE
31 321 Renewable Energy Production Systems Attachments x 2
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THE COUNCIL MEETING
The following information has been taken directly from the Blue Mountains City Council Code of Meeting Practice 2009 using corresponding section numbers, and should be used to assist the public in participating in the Council’s decision making process. To obtain the full version of Blue Mountains City Council Code of Meeting Practice, please visit the Council website, Council Libraries or contact Blue Mountains City Council.
1.1 PUBLIC ATTENDANCE AT MEETINGS Everyone is entitled to attend meetings of the Council and those of its Committees of which all the members are Councillors, except in the limited circumstances set out in 1.8 below. The Council has a responsibility to ensure that such meetings are open to the public.
1.3 PUBLIC NOTICE OF MEETINGS The Council gives public notice of all scheduled Council meetings in the Blue Mountains Gazette newspaper each Wednesday. This information is also available on the Council’s website at address www.bmcc.nsw.gov.au.
1.6 PARTICIPATION IN THE COUNCIL MEETINGS
1.6.1 Public Access Members of the public are welcome to address the Council on any items of business in the Business Paper other than Minutes by the Mayor, responses to Questions without Notice, Notices of Motion (including Rescission Motions), the Précis of Correspondence and Matters of Urgency. A “Guide to Public Speakers” will be available at each meeting.
Members of the public may make representation to, or at a meeting, before any part of the meeting is closed to the public as to whether that part of the meeting should be closed. The representations may be made by addressing the Council at the meeting (see also Section 1.8.1 of this Code).
Members of the public must remain behind the roped barrier in front of the Councillors seating at all times. Councillors must enter the Public Gallery when speaking with members of the public. No communication with the Councillors is permitted once the meeting commences.
Those wishing to address the Council must register with the Council Administration Officer present in the Council Chamber prior to the commencement of the Meeting. Speakers may register from 6:45 to 7:20 pm.
Registrations may be also be made prior to the Meeting by completing the on- line Registration form and emailing or faxing the form to Executive Services staff.
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The following details are to be completed on the Registration form:
• name; • address; • organisation (if applicable); • item on business paper to be addressed; • a clear statement as to whether the person is for (supports) or against (opposes) the recommendation or proposition as printed in the business paper; • interest of speaker (as affected neighbour or as applicant or applicant’s spokesperson, or as interested citizen).
If, due to exceptional circumstances, a member of the public is unable to complete a registration form prior to the commencement of the meeting, that person must speak to the Council Administration Officer and the Mayor will determine if the speaker can address the item.
Members of the public will not be able to address the Council on a particular item after the business on that item has been completed
Only persons who have completed the Registration form and clearly indicated their intention to speak for or against a recommendation or proposition in the business paper may address the Council. Speakers who do not speak in accordance with their stated intention shall forfeit the right to continue speaking.
The Council encourages members of the public to present their views to meetings in order that the Council deliberations may be better informed. An opportunity to speak will be afforded to persons representing a diverse range of views and opinions in preference to hearing the same view stated repeatedly or sequentially. Organisations may be restricted in number of speakers.
1.6.2 Protocol for public speakers Up to 3 speakers for each opposing viewpoint will be permitted to address the Council. On development applications, the applicant (or a spokesperson) will be permitted a final 3 minute address. In selecting other speakers, preference will be given to neighbours who would be affected by the proposal, whether favourably or unfavourably.
If more than 3 persons wish to speak on each of the differing views on an issue, they register through lodging a completed form with the Council staff. The Mayor or Chairperson will determine the number of speakers to be heard and may on occasions put a procedural resolution to the Council to increase the number of speakers.
If the number of persons requesting to speak exceeds the number the Council has nominated, the Mayor shall invite persons to voluntarily withdraw, and if necessary, the Council staff will conduct a draw to determine the speakers. The draw provides that, on development applications, the speakers shall include the applicant (or a spokesperson) as above, and at least one neighbour for and one against the recommendation. Where necessary, a separate ballot will be conducted to determine the two neighbour speakers.
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Public speakers are restricted to three (3) minutes. No extensions of time will be granted.
All speakers must state their name and address, organisation (if applicable), and interest in the issue before speaking.
Presentations and questions should be made or put courteously and concisely, and without hectoring. Councillors will observe the same courtesies while members of the public are addressing the Council.
Personal allegations against Councillors and/or staff may not be made. A member of the public making such allegations forfeits forthwith the opportunity to address the Council. The Mayor shall insist that an offending speaker cease speaking. Councillors may ask questions of speakers at the conclusion of their address.
Those in the public gallery shall not ask questions of members of the public addressing the Council or otherwise canvass issues in a public way.
Special arrangements apply when members of the public wish to make representations to the Council on the question of whether or not part of the meeting should be closed to the public. Where an agenda includes notice that an item of business is likely to be considered in closed session, the following procedure will be followed:
(a) any person may make written representations to the General Manager up to the time of commencement of the meeting; (b) any person who wishes to make verbal representations at the meeting must follow the procedures set out above for registering with the Administration Officer and for addressing the Council; (c) after a motion proposing to close part of the meeting to the public has been moved and seconded, the Chairperson will ask the General Manager to read out any written representations; (d) the Chairperson will then invite members of the public to address the Council. After three speakers have spoken in favour of the proposal and three against, the Chairperson will ask the Council to indicate by a show of hands whether the majority of Councillors present are satisfied that the range of views has been sufficiently canvassed. If the vote is in the affirmative, the motion to close part of the meeting will be put to the vote; and (e) in the event that the Council disagrees with the recommendation of the General Manager to discuss an item in closed session and no motion to that effect is forthcoming, the Chairperson will announce that representations from the public will not be needed.
If it becomes apparent during a meeting that a matter should be considered in a closed part of the meeting, the Council can consider such a motion notwithstanding that notice has not been given in the agenda. In such cases, time will permit neither the registration of speakers nor written representations. However, the Chairperson will invite members of the public to address the Council and the procedure set out in (d) above will be followed.
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1.7 SOUND RECORDINGS BY THE PUBLIC Unless the Council otherwise resolves, no recording equipment, excepting the official recording system, may be used to record the proceedings at meetings of the Council or its Committees. This prohibition applies to tape recorders, video cameras and any electronic devices including mobile phones or notebook computers capable of recording speech.
A person may be expelled from a meeting for using a recording device in contravention of the above. (See Clause 3.10).
1.7.1 Mobile Phones All mobile phones in the Chamber and Public Gallery are to be turned off or switched to silent/vibrate. Failure to do so may be treated as an act of disorder.
1.7.2 Photography in the Council Chambers Photographers are permitted to take photos in the Council Chambers by prior approval, on the condition that the press respects people’s right not to be photographed if they do not wish to be.
1.8 MEETINGS CLOSED TO PUBLIC
1.8.1 General Section 10A of the Local Government Act, 1993 provides that the Council or a Committee may close part of a meeting to the public. The Act states:
“10A(1) A Council, or a Committee of the Council of which all members are Councillors, may close to the public so much of its meeting as comprises: (a) the discussion of any of the matters listed in subclause (2); or (b) the receipt or discussion of any of the information so listed.
(2) The matters and information are the following:
(a) personnel matters concerning particular individuals; (b) the personal hardship of any resident or ratepayer; (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; (d) commercial information of a confidential nature that would, if disclosed: (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret; (e) information that would, if disclosed, prejudice the maintenance of law; (f) matters affecting the security of the Council, Councillors, the Council staff or the Council property; (g) advice concerning litigation or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. (3) The Council, or a Committee of the Council of which all the members are Councillors, may also close to the public so much of its meeting as comprises a motion to close another part of the meeting to the public.”
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The grounds on which part of a meeting is closed to the public will be specified in the decision to close the meeting and recorded in full in the minutes of the meeting. The grounds will specify:
(a) the relevant provision of Section 10A(2) which applies; (b) the matter that is to be discussed during the closed part of the meeting; (c) the reasons why that part of the meeting is being closed to the public indicating whether it is being closed for preservation of confidentiality, privilege or security (this does not apply to personnel matters concerning particular individuals, or the personal hardship of a resident or ratepayer or a trade secret); and (d) an explanation of the way in which discussion of the matter in open meeting would, on balance, be contrary to the public interest.
For the purpose of determining whether the discussion of a matter in an open meeting would be contrary to the public interest, the Council will regard the following as irrelevant:
(a) a person may misinterpret or misunderstand the discussion; or (b) the discussion could cause embarrassment to the Council, a Committee, Councillors or staff or cause a loss of confidence in the Council or a Committee.
When considering, at a meeting closed to the public, a motion to close another part of the meeting as provided under Section 10A(3) of the Local Government Act, the Council will not consider any details of the matter concerned other than whether or not it constitutes one of the grounds for closure specified in Section 10A(2).
The Council may close part of a meeting to the public notwithstanding that notice has not been given in the agenda only in the following circumstances:-
(a) It becomes apparent that the matter is one of those specified in Section 10A(2) as grounds for closure; and (b) The Council considers representations by the public as to whether or not the meeting should be closed; and (c) The Council resolves that discussion on the matter should not be deferred because of its urgency and should take place while the meeting is closed to the public.
In accordance with Section 10B of the Local Government Act, a meeting will remain closed only so long as necessary to preserve the relevant confidentiality, privilege or security of the matter concerned, but only for such portion of the debate on an item as is necessary to preserve confidentiality, privilege or security. In all cases other than personnel matters concerning particular individuals, the personal hardship of residents or ratepayers, or a trade secret, the meeting will not remain closed unless the Council is satisfied that discussion of a matter in open meeting would, on balance, be contrary to the public interest.
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A member of the public is not entitled to be present at part of a meeting which has been closed in accordance with Section 10A of the Act. A resolution passed at a closed meeting or part of a meeting must be made public by the Chairperson as soon as practicable after the meeting or part of the meeting has ended.
The Council will at all times keep principles of open and transparent governance and the public interest in mind when discussing closure of meetings to the public.
1.8.2 Representations by the public on closure of part of meeting In accordance with clause 252 of the Regulation, the Council is required to give members of the public the opportunity to make representations as to why part of a meeting should be closed.
There are two mechanisms for achieving such representation: a) By registering to speak to the Business Paper calling for the item to be heard in Confidential Session (see Section 1.6); OR b) Following a resolution of the Council to close the meeting to the public, the Chairperson will call for members of the public to make representations as to why the meeting should be closed.
In either of these circumstances the representation by a member of the public will be limited to 3 minutes.
3.9 MAKING DECISIONS - RULES OF DEBATE
3.9.1 Standing to Address the Council Any Councillor or member of the public (unless physically disabled or elderly) must stand to address the Council. This does not apply to the Mayor or Council officers and may not apply during Committee meetings.
A Councillor who is unable to stand to address the Council due to a physical impairment or ill-health should notify the Chairperson prior to the meeting commencing.
4.1 EFFECT OF RESOLUTIONS Once a motion has been passed, it becomes a resolution of the Council and the General Manager must ensure that it is implemented without undue delay as required by Section 335(1) of the Act.
However, a resolution of the Council will not be implemented for a period of two days after the meeting at which a motion has been passed to allow time for rescission motions to be lodged. Thereafter action necessary to give effect to the Council decision must be commenced immediately to avoid excessive delay in implementation. (See also 4.3 below, “Limits on when/how often Decisions can be revisited”).
Each Business Paper shall include a public notice of the Council policy that decisions of the Council will not be implemented until the third day after a meeting, or until after any notices of rescission have been dealt with. The Council decisions should not therefore be acted upon until officially communicated in writing.
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There is no time limit on the lodgement of a Rescission Motion. Until a resolution of the Council is “carried into effect” - meaning that irrevocable steps have been taken to implement the resolution - a Rescission Motion may be lodged.
However in the case of approvals of building or development applications, once the applicant has been formally advised of the Council’s decision the approval or consent may not, in the absence of clear statutory authority (s. 109 LGA 1993 or s.9 E&PA Act) be rescinded or altered.
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MINUTE BY MAYOR
MINUTE BY MAYOR Item 1, Ordinary Meeting, 08.06.10
ITEM NO: 1
SUBJECT: GENERAL MANAGER SELECTION PANEL
FILE NO: F05787 - 10/77900
Management Plan Link Principal Activity: Providing Good Government Service: Human Resource Management Project: This report does not relate to a Management Plan project
Recommendations:
1. That the Council establishes the General Manager Selection Panel to take all steps reasonable and necessary to nominate a single candidate to the position of General Manager; and
2. That the Council resolves that Councillors Searle (Mayor), Mays (Deputy Mayor), Gibbs, Greenhill and Myles form the General Manager Selection Panel; to enter into negotiations with the nominated preferred candidate subject to the agreement between the parties to a four year performance based contract of employment and outcome be reported back to the Council as soon as possible.
Mayoral Minute
Background The General Manager position became vacant on the 12 February 2010 and an Acting General Manager was appointed at the Ordinary Meeting of Council on 2 February 2010 as follows:
“That the Council appoint Mr Robert Greenwood as Acting General Manager due to the resignation of the current General Manager, with this appointment being effective from close of business on 5 February 2010 That the Council appoint as Acting General Manager, Mr Robert Greenwood, with full delegations of the position.”
(Minute Number 7, 2 February 2010)
The position was advertised in National print and online media, for Executive Appointments, on 15 May 2010 with a closing date of 11 June 2010.
Selection Panel Due to the imminent closure of the advertisement a General Manager selection panel is required. The Selection Panel will be responsible for the process which reviews applications, short-lists applicants for interview, interviews applicants and then nominates the selected single candidate to the Council.
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The Mayor has liaised with Councillors and appreciates that the following Councillors are willing to serve on the selection panel: • Councillor Searle, Mayor; • Councillor Mays, Deputy Mayor; • Councillor Gibbs; • Councillor Greenhill; and • Councillor Myles.
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NOTICES OF RESCISSION
NOTICES OF RESCISSION Item 2, Ordinary Meeting, 08.06.10
ITEM NO: 2
SUBJECT: FELLED TREES AT MAJOR MITCHELL RESERVE, EAST BLAXLAND
FILE NO: F05787 - 10/78498
Management Plan Link Principal Activity: Providing Good Government Service: Governance Project: This report does not relate to a Management Plan project
Notice of Rescission by Councillors Searle, McLaren and Greenhill:
That a report comes to Council about the potential to clear felled trees from the walking tracks at Major Mitchell Reserve, East Blaxland.
Reason for Report We, the undersigned, wish to rescind the following resolution of the Council from 18 May 2010 Council meeting:
Item 25 - 10/65607. Felled Trees at Major Mitchell Reserve, East Blaxland
“That a report comes to Council about the potential to clear felled trees from the walking tracks at Major Mitchell Reserve, East Blaxland.”
(Minute Number 213, 18 May 2010)
• Councillor Searle; • Councillor McLaren; and • Councillor Greenhill.
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OFFICERS REPORTS
PROVIDING GOOD GOVERNMENT Item 3, Ordinary Meeting, 08.06.10
ITEM NO: 3
SUBJECT: SCHEDULE OF INVESTED MONIES FOR APRIL 2010
FILE NO: F03848 - 10/68014
Management Plan Link Principal Activity: Providing Good Government Service: Financial Management Project: This report does not relate to a Management Plan project
Recommendations:
1. That the Schedule of Invested Monies report for April 2010 be received and noted; and
2. That the Certificate of the Responsible Accounting Officer be noted.
Report by Group Manager, Community & Corporate:
Reason for report This report for the period April 2010 is submitted for the purpose of financial accountability and to satisfy the investment reporting requirements of the Local Government (General) Regulation 2005 (clause 212), the Local Government Act 1993 (Section 625) and the BMCC Investment Policy. The report certifies that Council investments comply with the forms of investment made by order of the Minister under section 625(2) of the Local Government Act 1993. The current Ministerial Order was issued under the Council Circular 08-48 on 18 August 2008.
Background The Schedule of the Council Invested Monies for April 2010 is attached for information (refer Table 1).
Council Investment Portfolio Analysis The report shows increased returns from investments, being $105,893 above budget as at April 2010 due to a greater than anticipated cash position for the period July 2009 to April 2010 (refer Table 6).
Valuations and credit ratings have been calculated and updated to 30 April 2010 for all the Council investments and shows the Council investments’ fair value market valuation increasing by $38,380 (refer Table 2) for the month of April 2010. The Council investment portfolio outperformed the benchmark bank bill index for the month of April 2010.
The financial impact on the Council’s investment portfolio is that the mark to market valuation of the Council’s investment securities, classified as fair value through the profit and loss statement, has now been reduced by a total of $4.9m indicatively between 1 July 2007 and 30 April 2010, but has improved by $1.2m within the current financial year. If the Council were forced to sell these securities for liquidity reasons it could potentially realise a loss based on current market conditions.
The liquidity position is continually being monitored and reviewed in order that future potential financial impacts are identified and understood to allow for proactive and informed
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decisions to be taken by the Council. Legal avenues against Lehman Brothers Australia Ltd and other institutions continue to be explored as optional means of securing or improving the investment position.
Despite the gains, valuations on Collateral Debt Obligations (CDOs) may differ significantly to potential sale prices during non-liquid conditions in financial markets. Structured securities such as these have the potential for eventual default. Whilst economic conditions domestically and internationally have improved in recent months, many underlying reference entities within CDOs are still experiencing financial stress.
The credit market opportunities (e.g. indicative bid prices), corporate default rates, the Lehman Brothers Holding Inc. bankruptcy and the Lehman Brothers Australia Ltd administration continue to be reviewed by the Council’s independent investment advisor, Oakvale Capital in conjunction with legal advice. The Council continues to seek legal advice exploring the potential for the Council to participate in a joint action against Lehman Brothers. As these matters progress they will, at the appropriate time, be the subject of briefings and Council reports.
Global and Domestic Market Developments Global developments: • Greece continues to face insolvency despite proclamations of support from the International Monetary Fund, the European Union and Greece itself. Doubts regarding the country’s ability to abide by its own measures and the reluctance of tax payers elsewhere in Europe to a bail out are keeping the worst case scenario a real possibility; • In May the attention focussed on Spain where the Nation’s central bank stepped in to protect a small bank from collapsing under property related losses. The anticipation that more Spanish banks would need to be saved caused a sharp drop in global markets toward the end of the month. Tough budgetary constraints were narrowly passed by the Spanish government by the end of the month to provide the market some respite from the sell-off; and • The US economy is expected to continue improving during 2010, prompting the International Monetary Fund to increase its global growth forecast to +4.2% from its forecast in January of +3.9%.
Domestic developments: • Latest employment figures reflect a continuing upward trend with another 196,000 jobs being added in March while the unemployment rate remained steady at 5.3%; and • Inflation data for the first quarter of 2010 was higher than expected with CPI up 2.9%. Building approvals also had a surprisingly sharp increase, up 15% versus expectations of only a 1% rise.
Interest rates: • The RBA increased the official cash rate to 4.25% at its May 2010 meeting. The RBA noted that it has made significant adjustment from the very expansionary settings last year and, as a result of the latest move, rates for most borrowers will now be around the decade’s average; and • Conditions in Europe will likely weigh heavy on the RBA’s next interest rate decision. A struggling Euro zone will dampen economic activity globally.
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Certification by Responsible Accounting Officer I hereby certify that the investments listed in the report have been made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government (General) Regulation 2005 and Council’s Investments Policy.
Neil Farquharson (Responsible Accounting Officer)
Sustainability Assessment
Effects Positive Negative Environmental Nil Nil Social Nil Nil Economic Nil Nil Governance Supports the Council investment policy, Nil the Local Government Regulations and other financial reporting requirements.
Financial implications for the Council The adoption of the report recommendations has no immediate impact on the Council’s financial position. The performance and security of the investment portfolio however, has a significant bearing on the Council’s current budgeting processes and long term financial planning.
Legal and risk management issues for the Council There are no legal or risk management issues associated with the adoption of the report recommendations.
External consultation Nil
Conclusion The report is submitted to comply with the Local Government (General) regulations and the Local Government Act 1993.
ATTACHMENTS/ENCLOSURES
1 Schedule of invested monies for April 2010 attachment 10/67997 Attachment
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Attachment 1 - Schedule of invested monies for April 2010 attachment
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(Table 2)
(Table 3)
Investment Portfolio (based on current valuations)
CDO Call 9% 0% FRN 18%
Term Deposits Bank Note 62% 11%
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(Table 5)
Investment Balances 2007/08 to 2009/2010(based on current valuations)
35 30 Millions 25
20 15 10 31 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May 30 Jun Month
2007/08 2008/09 2009/10
- 30 - PROVIDING GOOD GOVERNMENT Item 4, Ordinary Meeting, 08.06.10
ITEM NO: 4
SUBJECT: COMMUNITY ASSISTANCE / DONATIONS - RECOMMENDATIONS BY COUNCILLORS
FILE NO: F05787 - 10/78332
Management Plan Link Principal Activity: Providing Good Government Service: Governance Project: This report does not relate to a Management Plan project
Recommendation:
That the Council approve the following donations from the Councillors’ Minor Local Projects vote:
Organisation Amount Blue Mountains ANTAR $500.00
Report by Acting General Manager:
Reason for report On 11 July 2000 the Council adopted a revised Policy for Councillors’ Minor Local Projects allocations for the provision of community assistance/donations. The following recommendations for donation, which appear to fall within the ambit of the Policy, have been received and are submitted for approval to the Council meeting.
Minor Local Projects
Recommending Organisation Purpose Amount Councillor
Clr Clark Blue Mountains ANTAR To assist with the Dreaming $500.00 Festival
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- 31 - PROVIDING GOOD GOVERNMENT Item 5, Ordinary Meeting, 08.06.10
ITEM NO: 5
SUBJECT: FEES PAYABLE TO THE MAYOR AND COUNCILLORS 2010/11
FILE NO: F05787 - 10/66924
Management Plan Link Principal Activity: Providing Good Government Service: Governance Project: This report does not relate to a Management Plan project
Recommendations:
1. That Council adopt either Option 1 or 2, as the increase in fees payable for Councillors and the Mayor and set aside 10% of the Mayoral Fee for the Deputy Mayor when acting in the role of the Mayor in alignment with the under the NSW Local Government Remuneration Tribunal annual review;
2. That the Deputy Mayor Fee be paid during periods of absence of the Mayor; and
3. That the unused portion of the Deputy Mayoral Fee be paid to the Mayor in the last fee period of the Financial Year proportional to the time in the role.
Report by Acting General Manager:
Reason for report The NSW Local Government Remuneration Tribunal has set the range of fees for all Councillors and Mayors in NSW for 2010-11.
Background Blue Mountains City Council is a Regional Rural Category 3 Council for the purposes of the Tribunal categorisations. The Tribunal concluded its 2009 annual review on 1 May 2010 and having regard to key economic data and the views of assessors, has determined that an increase of 3% for Councillors and Mayors is appropriate. These increases are to be effective from 1 July 2010.
A copy of the Tribunal recommendations can be found at: www.remtribunals.nsw.gov.au/localgovernment/currentdeterminations
Current Payments At the Ordinary Council Meeting of 7 July 2009, the Council resolved to adopt the maximum fees payable by the NSW Local Government Remuneration Tribunal which is $15,500 for Councillors, $33,840 additional fee for the Mayor and $3,384 of the Mayoral fee set aside for the Deputy Mayor when acting in the role of the Mayor.
Future Payment based on increase Two options are presented for Council for an increase to Councillors Fees as per the recent determination by the Local Government Remuneration Tribunal.
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Option 1 Blue Mountains City Council is a category three Council and the proposed following annual fees would apply if the 3% increase is adopted:
Deputy Mayoral Fee Councillor/Member Mayor/Chairperson Total Mayoral (a component of the Fee Additional Fee Fee Mayoral Fee) $50,830 $15,970 $34,860 $3,486
Option 2 This option aligns with rate pegging for Blue Mountains City Council which was set by the Division of Local Government, Department of Premiers and Cabinet at 2.6%. Based on this fact, options for payment at a rate of 2.6% in line with rate pegging are as below:
Deputy Mayoral Fee Councillor/Member Mayor/Chairperson Total Mayoral (a component of the Fee Additional Fee Fee Mayoral Fee) $50,623 $15,903 $34,720 $3,472
Deputy Mayoral allowance There are two methods for payment of the Deputy Mayoral Fee: 1. Payment of a monthly fee of 12 equal payments; and 2. Payment of the Fee during times of absence of the Mayor with any remaining monies at the end of the year being paid to the Mayor.
The second method is recommended by the Department of Local Government. The Mayor, at the end of the financial year, is then paid any monies that are not attributed to the Deputy Mayor for Acting as the Mayor in that financial year.
Legal and risk management issues for the Council There are no legal or risk management issues for the Council.
External consultation No external consultation is required.
Conclusion It is recommended that Councillors adopt either Option 1 or 2 for an increase in fees which is allowable under the NSW Local Government Remuneration Tribunal allocation for 2010-11. The Councillors should also note and approve the payment of fees method two as recommended by the Department of Local Government for the Deputy Mayor.
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- 33 - PROVIDING GOOD GOVERNMENT Item 6, Ordinary Meeting, 08.06.10
ITEM NO: 6
SUBJECT: MEMBERSHIP RENEWAL WITH LACHLAN REGIONAL TRANSPORT COMMITTEE
FILE NO: F05787 - 10/72649
Management Plan Link Principal Activity: Providing Good Government Service: Strategic Planning for the Organisation Project: Complete City Vision/ Map for Action 2000-2025 review and revision - ensuring alignment with State Government Integrated Planning reform requirements
Recommendations:
That the Council continue membership of the Lachlan Regional Transport Committee Inc. (LRTC) for 2010 – 2011.
Report by Acting General Manager:
Reason for report The Lachlan Regional Transport Committee Inc. (LRTC) invites Council to renew its membership for the ensuing year 2010 – 2011.
Background The LRTC is composed of the following ten local government Councils in NSW; • Blayney; • Blue Mountains; • Cabonne; • Dubbo; • Lachlan; • Lithgow; • Oberon; • Parkes; • Weddin; and • Young.
It is noted that Orange and Bathurst Councils are not part of this committee.
The LRTC works to advance the cause of public transport and road safety issues in regional, rural and remote NSW on behalf of member Councils and was formed with the objectives of: • Providing the best form of public transport for rural people; • Re-opening branch rail lines and to retain the western rail line; • Retaining and increase the movement of heavy bulk products by rail thereby reducing road damage, cost of repairs, and potential motor vehicle accidents; • Retaining existing rail infrastructure and buildings for heritage value and community use; and • Promoting tourism, eg steam trains and other heritage trains.
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The committee is currently chaired by the President Russell Holden and Secretary/Treasurer Max Duffy. The committee meets each quarter at different hosting Councils. The minutes are faxed to the nominated Council representative by the Committee Secretary.
Councillor Gibbs is the BMCC delegate for this committee.
Benefits of Membership Membership renewal with the LRTC increases the ability to advocate on transport and road safety issues on behalf of the Council. In particular, it should be noted that the Blue Mountains is the preferred route for trucks to and from the west and therefore it is in the interests of Council to stay informed on transport matters.
The Council has previously discussed the benefits to the Blue Mountains community if there were improved rail links for the transport of bulk products in order that truck movements across the Blue Mountains can be reduced. This could benefit road safety and resident lifestyle.
Sustainability Assessment Effects Positive Negative Environmental Potential involvement in local and regional Nil partnerships to enhance environmental outcomes in the LGA. Social Potential involvement in local and regional Nil partnership to enhance social outcomes in the LGA. Economic Potential involvement in local and regional Nil partnerships to enhance economic development in the LGA. Governance Potential involvement in local and regional Nil partnerships with BMCC Councillor representation to assist in Governance outcomes in the LGA.
Financial implications for the Council There are no additional financial implications for Council aside form the cost of membership renewal fees. The fees for membership renewal for 2010-11 are $250.00. These fees are not included in the 2010=11 budget.
Legal and risk management issues for the Council There are no legal or risk management issues for Council.
External consultation No external consultation is required.
Conclusion That the Council endorse renewing membership with the Lachlan Regional Transport Committee Inc., and that the Council write to inform the Committee accordingly.
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- 35 - LOOKING AFTER ENVIRONMENT Item 7, Ordinary Meeting, 08.06.10
ITEM NO: 7
SUBJECT: PROVISION OF RECYCLING FACILITIES IN PUBLIC SPACES THROUGHOUT THE BLUE MOUNTAINS LGA
FILE NO: F00073 - 10/52014
Management Plan Link Principal Activity: Looking After Environment Service: Waste Project: This report does not relate to a Management Plan project
Recommendations:
1. That the Council note the report; and
2. That the provision of recycling facilities in town centres not be pursued at this time due to the high level of resources required to implement public place recycling and the minimal environmental benefit that would be achieved.
Report by Group Manager BM City Services:
Reason for report This report is the second response to a Council Resolution that requested a report be brought to the Council about the provision of recycling facilities in public spaces throughout the Blue Mountains LGA. At the Council meeting of 18 August 2009 it was resolved:
“1. That a report comes to Council, as requested by the BMCC Youth Council, on providing a recycling service for plastic bottles to businesses in Leura and Katoomba; and
2. That a further report comes back to Council about the provision of recycling facilities in public spaces throughout the Blue Mountains LGA”.
(Minute No. 348, 18 August, 2009)
A report responding to point 2 of the above resolution was brought to the Council on 10 November 2009 where it was resolved:
“That this report be deferred until June 2010 to allow for the completion of several related reports.” (Minute No. 475 10 November 2009)
Point 1 of the resolution has been addressed in the Council report on the introduction of a Commercial Recycling Collection Service considered at the 8 September 2009 Council meeting. At the 8 September 2009 Council meeting, the Council endorsed the provision of a commercial recycling service that would be managed by the Council and delivered by the Council’s existing recycling contractor JJ Richards.
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The information contained in this report is largely the same as that presented to the Council in the report on 10 November 2009. However, additional information gathered from a litter bin audit is presented in the section called ‘Town Centre Litter Bin Audit’.
Background Recycling is a component of the resource management hierarchy as follows: 1. Avoidance of unnecessary resource consumption; 2. Resource recovery (including reuse, reprocessing, recycling and energy recovery); and 3. Disposal. (BMCC Strategic Waste Action Plan, 2005)
However, recycling in public spaces is a significant undertaking and needs to be carefully considered in the context of the financial costs of such a service and the level of environmental benefit that can be achieved, particularly when considered in the context of other recycling options and resources committed to them.
For the purpose of this report ‘public places’ are considered to be town centres, parks and sportsgrounds. The term has not been used to include natural areas such as track heads or lookouts (except for Echo Point). Current data on waste in our public spaces for 2008-2009 is as follows: • There are approximately 371 bins in our public spaces (138 in town centres, 124 in sportsgrounds and 109 in parks); • A total of 424 tonnes of material was collected from these bins; and • The material collected is less than 1.5% of the domestic waste stream which is approximately 30,000 tonnes of material (21,000 tonnes of rubbish and 9,000 tonnes of recycling).
Previous Recycling Programs – Public Place Recycling Drop-Off Centres In conjunction with the introduction of the early kerbside domestic recycling service, a series of six Recycling Drop-Off Centres was established in the late 1980’s. These centres were located in the commercial precincts of Glenbrook, Winmalee, Springwood, Hazelbrook, Katoomba and Blackheath to assist residents to maximise the recycling of glass and to allow those residents that were uncomfortable with placing bottles on the footpath in front of their homes to still participate.
Over time, the centres at Winmalee, Katoomba, Glenbrook and, most recently, Hazelbrook have been removed in response to public complaints about misuse and the presence of unsightly / unhealthy conditions. In recent years these facilities experienced a high level of contamination in and around the public recycling receptacles. The active sites all became dumping grounds, receiving large volumes of inappropriate commercial waste and bulky waste items. The presence of broken glass and mixed waste around the bins presented both a physical risk to the potential public liability of Council and an unacceptable visual impact, and were imposing ongoing clean-up and disposal costs on the Council. Prior to the removal of these Drop-Off Centres, advice was provided to Ward Councillors and a public notification period was undertaken. The remaining two sites, Blackheath and Springwood, are currently subject to review as several concerns consistent with the other locations have been raised by residents and community members.
In 2008, a trial public recycling program was implemented at the Katoomba Winter Magic Festival. Fifty clearly marked recycling stations were installed. At the conclusion of the Festival, an inspection of the contents was undertaken which resulted in 49 of the 50 bins being taken directly to landfill due to excessive levels of contamination.
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Town Centre Litter Bin Audit In order to try and better understand current levels of recyclable materials in public space litter bins, the Council undertook a litter bin audit of 4 major town centres (Katoomba, Leura, Springwood and Glenbrook) during late November and early December 2009 at a cost of $1,500. A total of 64 litter bins were surveyed, which comprised: • 20 in Katoomba; • 14 in Leura; • 22 in Springwood; and • 8 in Glenbrook.
The waste sorted from the litter bins was classified in general terms as: • Food Containers (generally plastic “take-away” style containers); • Paper/Cardboard; • PET/Cans; • Glass; • Non-Recyclables (such as bubble wrap, clothing, ceramics, etc); and • Food Scraps.
The waste classified as “Non-Recyclable” or “Food Scraps” was aggregated to provide the “Total Non-Recyclable” portion of the total waste and the other categories were aggregated to identify material that had a potential for recycling.
A very large proportion of the potentially recyclable material was contaminated (primarily by food waste) and had no collection value.
Appendix 1 shows a summary of the audit survey results. In summary however, these 4 town centres will generate almost 150 tonnes of waste each year. Given the most favourable volume of potential recycling, it is estimated that less than 87 tonnes could be recycled from these 4 town centres in a year. However, due to the highly contaminated nature of the material, the real recovery is likely to be less than 50 tonnes (approx 30% of total annual waste).
To put this small potential into context, the amount of waste that can be recycled annually from the domestic waste stream is 9,000 tonnes. Given that an additional collection truck would need to be deployed across the mountains to collect and transfer this relatively small amount of recyclables, any environmental gain would likely be very minor compared to the increased fuel use and emissions produced as a result of the collection and transport of the waste.
Best Practice Guidelines for Public Space Recycling The Department of Environment, Climate Change and Water recommends the following best practice guidelines for public space recycling, which the Council would need to consider implementing if this initiative was pursued: • Audit of the current public space garbage collections in order to determine the best recycling system to meet needs; • A recycling bin should never be positioned on its own and should always be positioned next to a garbage bin to give an option of waste disposal - this would double the number of bins managed by Council; • A 3 bin configuration that consists of two garbage bins either side of a central recycling bin, as this caters to two types of people, those who will recycle their wastes and those that deposit their waste into the first bin they see; • Use of overhead signage where appropriate to identify the bin locations and what materials should be placed in each bin; and
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• A significant and well thought out education campaign, ensuring the message and communication method are relevant to various community groups such as non English speakers or people with visual impairments.
Feasibility Assessment In determining the feasibility of a public space recycling service, the following items are presented for consideration: • Collection would need to be undertaken by another contractor - the existing contractor uses an automated system based on once weekly servicing; • All recycling would need to be collected by hand (not mechanically), increasing resources associated with the collection; • An additional collection truck (or redesign of the existing vehicles to enable collection of both domestic an public space recycling), would need to be employed to collect recycling from public spaces, adding to costs and productivity impacts; • This additional (or redesigned) truck for collecting public space recycling would increase truck movements and the ecological footprint of waste collection in the City, as the truck would need to collect from every shopping precinct, park and sportsground and travel the same distances as the garbage truck; • There is a high likelihood of contamination in public space recycling for various reasons including apathy and deposit of contaminated items such as cardboard boxes with food scraps or broken glass bottles, neither of which can be recycled; • The amount of recycling from public spaces would be very low in quality and quantity in comparison with the recycling yielded from the domestic waste stream; • Resources associated with the collection of public space recycling would outweigh the environmental benefits of the recycling collected; • The Council’s limited resources may be better used to support projects which yield greater environmental benefits and less financial and environmental costs; and • Public space recycling was not indentified as a priority by the community during extensive community consultation for the preparation of the Strategic Waste Action Plan, 2005. As such, it is not one of the actions being pursued in waste and resource management for the Blue Mountains and limited resources for waste initiatives are being applied to other community endorsed priorities.
Sustainability Assessment Effects Positive Negative Environmental A small additional increase Recycling is not the preferred method of in waste recycling will be waste minimisation. The emphasis is on achieved. ‘reduce’ and ‘reuse’ which provide greater environmental benefits;
The environmental costs of the greenhouse gases and vehicle exhaust fumes produced to collect a small amount of recycling, will outweigh the benefits of collection; and
Recycling is likely to be of low quality and quantity, yet the resources required to collect would be considerable.
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Effects Positive Negative Social Residents are able to Confusion about how and what to recycle continue their domestic may occur because of: differences in what recycling habits in the can be recycled at home and in public; public realm. differences between the collection systems Perception of in neighbouring councils; and apathy or lack environmental benefit. of knowledge which may be high amongst international visitors;
Potential for misuse by businesses that may take advantage of bins and add their businesses recyclable waste;
Reduced aesthetic qualities in public spaces as two/three bins are required instead of one and will need to include appropriate signage; and
Potential OH&S and accessibility issues for the Council resulting from reduced space on footpaths, as two/three bins are required instead of one. Economic Nil Significant initial start up costs including the supply and installation of new bins and appropriate signage;
Significant additional capital, renewal, servicing, maintenance and monitoring costs;
Significant costs involved with education campaigns during and after implementation of service; and
No funding is currently available to introduce a public space recycling system. Governance Nil Public space recycling is not identified as a priority action in the Strategic Waste Action
Plan 2005 which was developed with broad community consultation; and Implementation of such a service is not in line with good management practice for reasons outlined above.
Financial implications for the Council In order to provide more accurate figures, the Council would need to complete a full audit of current garbage bins in public spaces. The following assumptions have been made: • 70% of all bins in parks and town centres would need to be doubled to ensure existing garbage bins are situated along side a recycling bin. This will mean that new bins and bin surrounds will need to be purchased and installed; • 70% of all ‘otto’ bins in sportsgrounds would be doubled to ensure existing bins are situated alongside a recycling bin. This will mean that new ‘otto’ bins will need to be purchased and installed and sportsground user groups remain responsible for bin storage and for moving bins onto footpath on collection day; - 40 - LOOKING AFTER ENVIRONMENT Item 7, Ordinary Meeting, 08.06.10
• All new recycling bins regardless of their location will need to be serviced and maintained; • All new recycling bins will need to be well signposted; and • The introduction of a public space recycling service will need to be accompanied by a well developed education campaign.
Costs estimates for capital and start up expenses: 1. Purchase and installation of new recycling bins for parks and town centres (‘otto’ bins and surrounds x 121 bins in town centres and district parks = $242,000 plus 52 ‘otto’ bins at all other parks = $5,200) = $247,200; 2. Purchase and installation of ‘otto’ bins at sportsgrounds = $8,700; 3. Signage for all new bins = $15,000; 4. Education campaign = $20,000; and 5. Staff time to develop, manage and implement = $40,000.
SUB TOTAL = $330,000
Cost estimates for annual ongoing costs: 1. Annual servicing and maintenance of recycling bins = currently unknown as this can only be determined after a full scope and specification is developed; 2. Costs of collection: currently, it costs BMCC in excess of $265 / tonne for the collection and processing of recyclables using a fully automated, high volume system, with low levels of contamination. Any public place system will be less automated, involve much smaller volumes and carry a higher burden of contamination. 3. Annual expense for an ongoing educational campaign and monitoring of the program are estimated to be in the order of $5,000.
SUB TOTAL = Estimated to be in excess of $100,000 p.a.
This type of recycling service cannot be funded from waste levy funding. There are no funds currently available for the establishment of such a service and it is unlikely that any external grants would be available for this work. Any ongoing expenses for the servicing, and maintenance of the recycling service, would need to be covered by existing budgets. If this was to occur, funds allocated to other services provided by Council would need to be diverted. The domestic waste levy can not be used to fund this service.
Legal and risk management issues for the Council There are no known legal issues for the Council with the introduction of such a service.
Risk issues which may occur include hazards resulting from reduced space on footpaths as bins will obstruct clear pathways of travel for pedestrians. This is an increased risk as at least two bins will be required instead of one taking up greater pedestrian space.
External consultation No external consultation has occurred in the preparation of this report.
Conclusion In considering the possible provision of recycling facilities throughout the Blue Mountains, it is important to assess and weigh up the possible benefits and costs associated with such an initiative. Due to the high level of resources required to implement public place recycling and the minimal environmental benefit that would be achieved, it is recommended that no recycling service be provided in public spaces at this time.
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ATTACHMENTS/ENCLOSURES
1 Litter bin audit results summary table 10/52017 Attachment
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Attachment 1 - Litter bin audit results summary table
Litter Bin Audit Summary Results Nov – Dec 2009
Total Town Centre % Kg Weight (Kg) Katoomba (20 litter bins) Material Type Food Containers 12.00 7.2 Paper/Cardboard 33.33 20.0 PET/Cans 19.11 11.5 Glass 0.33 0.2 Non Recyclable 32.33 19.4 Food scraps 2.89 1.7 Total potentially recyclable material 64.78 38.87 Total non-recyclable material 35.22 21.13 60.00 Leura (14 litter bins) Material Type Food Containers 18.25 7.3 Paper/Cardboard 18.75 7.5 PET/Cans 5.50 2.2 Glass 2.50 1.0 Non Recyclable 47.50 19.0 Food scraps 7.50 3.0 Total potentially recyclable material 45.00 18.00 Total non-recyclable material 55.00 22.00 40.00 Springwood (22 litter bins) Material Type Food Containers 25.14 75.4 Paper/Cardboard 15.64 46.9 PET/Cans 13.41 40.2 Glass 3.91 11.7 Non Recyclable 36.87 110.6 Food scraps 5.03 15.1 Total potentially recyclable material 58.10 174.30 Total non-recyclable material 41.90 125.70 300.00 Glenbrook (8 litter bins) Material Type Food Containers 20.00 2.0 Paper/Cardboard 0.00 0.0 PET/Cans 45.00 4.5 Glass 5.00 0.5 Non Recyclable 30.00 3.0 Food scraps 0.00 0.0 Total potentially recyclable material 70.00 7.00 Total non-recyclable material 30.00 3.00 10.00
Total Potentially Recyclable Material (All Sites) 58.09 238.17 Total Non-Recyclable Material (All Sites) 41.91 171.83 TOTAL ALL SITES 100.00 410.00 410.00
- 43 - LOOKING AFTER ENVIRONMENT Item 8, Ordinary Meeting, 08.06.10
ITEM NO: 8
SUBJECT: DRAFT WEED STRATEGY 2010
FILE NO: F05986 - 10/64925
Management Plan Link Principal Activity: Looking After Environment Service: Environmental Management Project: This report does not relate to a Management Plan project
Recommendations:
1. That the Council places the Blue Mountains City Council Draft Weed Strategy on public exhibition for a minimum of 28 days to gain community input; and
2. That the recommended Strategy be reported back to Council following the exhibition.
Report by Group Manager, BM City Services:
Reason for report The purpose of this report is to obtain Council approval to place the Draft Weed Strategy 2010 on public exhibition.
Background The weed management issues which face the Blue Mountains are unique. The long linear development pattern coupled with our proximity to a World Heritage Area places weeds as one of the single biggest threats to our biodiversity. Additionally, weeds affect property values, aesthetics and the productivity of our agricultural lands.
At the meeting of 20 November 2001 (Minute 544) Council formally adopted its first Weed Strategy. This has been successfully implemented for the past 9 years and produced success demonstrated by a number of key indicators. These include: • Over 200 ha of Council and private land weed infestation has been reduced to minimal levels; • Key target weeds such as Gorse and Salvinia have been reduced to maintenance levels across the LGA; • Over 30 new Bushcare / Landcare volunteer groups have been set up (current total of 68) to assist Council in managing weeds resulting in the input of over 72,000 hours of volunteer labour; and • Over $2.1m has been obtained from State and Federal Government sources to assist Council and the Community in controlling weeds.
A review of the existing 2001 Weed Strategy has been undertaken with the key findings being: • Despite considerable investment and past success, weeds continue to pose one of the most significant threats to our local biodiversity and the World Heritage Area; • Complete eradication is an impossible aim and strategic allocation of limited funds is the only practical way forward; • There have been numerous policy and legislative changes at a State and Federal Government level in relation to weed control;
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• There is a new and expanded role for Regional Weed Committees that strongly emphasises regional partnerships between Councils and other public authorities; and • New requirements to reflect Council’s increasingly strategic focus towards weed control to maximise efficiency and reduce long term maintenance costs.
Development of a revised Scheduled Weed List The Council currently has a “Scheduled Weeds of the Blue Mountains” list which details a range of species which have been shown to impact negatively upon our natural and built systems across the LGA. This list is published as part of the “Better Living DCP”. The revised strategy does not update this list; however this will be undertaken as a separate process pending the successful adoption of the strategy. A new “Weed Risk Assessment” process developed by the NSW Department of Industry & Investment will be used to rank and evaluate all species on the existing list and consider any deletions or additions.
Public Exhibition It is proposed to ensure the Draft Weed Strategy 2010 reaches all relevant stakeholders and the widest possible community audience. It will be exhibited for a minimum of 28 days. Notification will be advertised in the Gazette and on the Council’s website; copies will be available in all libraries and on-line. Specific copies will be mailed to the following stakeholders: • All commercial nurseries within the LGA; • All registered garden clubs within the LGA; • All Bush Regeneration and Weed Control Contractors within the LGA; • Other public authorities who function as land managers within the LGA, e.g. DECC, RTA, Sydney Water, Sydney Catchment Authority, Railcorp; • Blue Mountains Conservation Society; and • Blue Mountains Bushcare Network.
Submissions received will be reviewed for possible incorporation into the strategy before it is presented to the Council for final adoption.
Sustainability Assessment Effects Positive Negative Environmental Improved conservation of biodiversity of Nil Council reserves and World Heritage Area Social Improved amenity of Council reserves Nil Raise community awareness of how weeds are managed within their LGA Economic Improved value of private land Nil Reduced long term maintenance costs of public land Governance Adherence to relevant legislation Nil Maintain transparency of the expenditure of weed control funds
Financial implications for the Council This strategy represents no cost increases to Council. It utilises existing core and Environmental Levy budgets. Council will continue to expand existing capacity by sourcing State and Federal Grants when they appropriately match our strategic aims.
Legal and risk management issues for the Council There are no risk management issues for Council if strategy is adopted. The strategy outlines how the Council will meet its obligations as a Local Control Authority under the Noxious
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Weeds Act 1993. The strategies relating to enforcement of weed control on private land have been written to directly adhere to legislated requirements.
External consultation Consultation has been undertaken with key conservation stakeholders in the development of this draft strategy. This includes the Blue Mountains Conservation Society and the Blue Mountains Bushcare Network.
Conclusion Weeds continue to pose a highly significant threat to the Blue Mountains. Their impacts, control methods and results are not always clear to the general community. This strategy seeks to create transparency in the way weeds are managed and the efforts Council undertakes to reduce their impact across the city. It also places Council in a modern management setting that reflects broader state and national trends. It is recommended that the Draft Weed Strategy be placed on public exhibition to gain community input.
ATTACHMENTS/ENCLOSURES
1 Draft Weed Strategy 2010 10/64738 Enclosure
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- 46 - LOOKING AFTER PEOPLE Item 9, Ordinary Meeting, 08.06.10
ITEM NO: 9
SUBJECT: FUTURE BOOKINGS OF WARRIMOO CITIZENS' HALL
FILE NO: F00350 - 10/61651
Management Plan Link Principal Activity: Looking After People Service: Community Development Project: This report does not relate to a Management Plan project
Recommendations:
1. That the Council considers an amendment to the Fees and Charges in the 2010-2011 Operational Plan, as exhibited for public exhibition and to be considered for adoption at the 29 June Council meeting, to increase the current refundable bond fee at Warrimoo Citizens’ Hall from $200.00 to $250.00 for low-risk functions;
2. That the Council considers the additional of a new fee to the Fees and Charges in the 2010-2011 Operational Plan, as exhibited for public exhibition and to be considered for adoption at the 29 June Council meeting, for the charging of a $500.00 bond for high-risk functions at the Warrimoo Citizen’s Hall; and
3. That the Conditions of Hire, for all Warrimoo centres, available for hire by the public, be amended to include external security provision by the hirer.
Report by Group Manager, Community & Corporate:
Reason for report At the Ordinary Meeting of 16 March 2010, the Council resolved:
“1. A report comes to the Council regarding options for future booking controls for the Warrimoo Hall including the following: • Whether security measures should be included in bookings and fees adjusted accordingly;
• Liaison with police and other relevant bodies about the appropriateness of the hall as a future venue for parties like those held on the weekend of 27 – 28 February 2010; and
2. Council honours current bookings but accepts no new bookings for new parties only at Warrimoo Citizens’ Hall following the reports of a second incident involving vandalism, rock throwing and other anti-social behaviour around the vicinity following another party reportedly involving alcohol, until the report is received. Therefore regular community group bookings, e.g. yoga, dancing etc.”
(Minute No. 119, 16 March 2010)
The report responds to these resolutions.
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Background - Policy The Community Buildings Policy, Section 2, Statement of Purpose states that “the Council supports the provision of community buildings to facilitate the provision of services, activities and meeting places which address community needs”.
Bookings for the hall are managed by Council and all potential hirers are issued with a Schedule of Conditions of Hire and a User Guide. Hirers must sign and comply with the following requirements: 1. Application Form acknowledging that they have received and read the schedule of Conditions of Hire and accept nomination as the responsible person in charge of the Hall during the period of hire; 2. Public Liability (Hold Harmless) Insurance form; and 3. Occasional hirers must also pay a $200 refundable bond.
Prior to accepting a booking the Facilities Liaison Officer interviews all potential hirers to determine the type of function to be held in the Hall, the number of attendees, entertainment e.g. live music, the level of noise and the presence of alcohol. Some events, such as 18th and 21st birthday parties, are deemed “High Risk”. However, discretion is used when ascertaining the level of risk associated with other functions, such as live bands, dance events, previous behaviour of the hirers, and other parties that may include large numbers of people and alcohol.
In the event that alcohol is to be consumed or sold on the premises the hirer is required to obtain either of a Liquor Permit or Liquor Licence from the NSW Police and if the function is a “party” the Facilities Liaison Officer recommends to the hirer that they obtain a “Party Pack” from the police which provides tips on how to host a safe party.
Liquor Permits are not legally binding however they are a step in reducing the likelihood of alcohol related problems at a location by giving police the opportunity to assess the suitability of each proposed hirer of a community hall. If police believe the function involving alcohol poses an unacceptable risk, police have no obligation to issue the permit and in such a case, Council reserves the right to refuse to hire the hall to the applicant.
The hirer must keep the Permit or Licence with them on the date of hire and copies are kept on file by the Police and Facilities Liaison Officer. In the majority of cases functions at the hall where alcohol is present proceed without incident however recently there have been several occasions where antisocial behaviour has brought unfavourable publicity to the hall.
In researching this report, the police provided the following details from the past 12 months relating to the Hall: • Over the last 12 months, 16 Liquor permits and licences were issued to hirers of the Hall; and • On 27 February 2010 the police issued “Move on Directions” at Ardill Park as a result of anti social behaviour and on 14 November 2009 police where called to attend to a large number of young persons at a teenage party at the Hall where ongoing problems were encountered through the night in relation to assaults, property damage and anti social behaviour. The police shut this party down.
The Warrimoo Citizens Hall has not sustained any damage as a result of the activity in the hall.
It is not recommended to prescribe a more strict definition to “High Risk” at this time. However to assist in ensuring the functions in the hall do not adversely impact on the community the NSW Police make the following suggestions:
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• Increase the bond charged to a hirer to reflect high risk functions such as 18th and 21st birthday parties; • Ensure that hirers have taken adequate steps in relation to number of guests, security measures and are aware of their responsibility in relation to the quiet and good order of the neighbourhood; and • That organisers of “High Risk” events engage a professional security guard, at a minimum ratio of one guard per 50 people.
It therefore appears, based on suggestions from the police, that the areas for improvement are security at a high risk functions and an increased bond fee to reflect the level of risk. With this in mind it is recommended that consideration be given to the following changes for high risk functions at Warrimoo Citizens Hall: • Add a bond of $500 for high risk functions; • Include in the Conditions of Hire that it is a requirement of the hirer, at their cost, to engage security guards who are licensed and experienced in controlling events; • These security guards must be on site fifteen (15) minutes prior to the start of the function, during the function and fifteen (15) minutes after the close of the function; • There must be one security guard per fifty (50) people; and • The hirer must provide details of the security company that they have engaged prior to the date of hire.
Sustainability Assessment Effects Positive Negative Environmental Not applicable Not applicable Social Supports the utilisation of existing Nil services and facilities.
Strengthens sense of local identity and place.
Strengthens community and Council partnerships.
Fosters mutual understanding. Economic Continued hire of facility and revenue from Nil hire fees. Governance Not applicable Not applicable
Financial implications for the Council There are no known financial implications for the Council.
Legal and risk management issues for the Council There are no known legal and risk management issues for the Council.
External consultation Communication (correspondence and telephone) with the NSW Police who provided statistics on events at the Warrimoo Citizens’ Hall and offered suggestions that may assist in ensuring that high risk functions in all community halls and centres where alcohol is present are incident free.
Conclusion This report overviews the issues relating to the future use and procedure for bookings at Warrimoo Hall. Consultation with the NSW Blue, who provided statistics and advice on
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managing future events that are considered high risk, has assisted in formulating the recommendations to the report. To date Warrimoo Hall has not sustained any damage as a result of activity in the building.
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- 50 - LOOKING AFTER PEOPLE Item 10, Ordinary Meeting, 08.06.10
ITEM NO: 10
SUBJECT: PROMOTION OF THE NATIONAL HEART FOUNDATION WALKING PROGRAM BASED IN BLACKHEATH
FILE NO: F01716 - 10/61390
Management Plan Link Principal Activity: Providing Good Government Service: Asset Planning and Management Project: This report does not relate to a Management Plan project
Recommendations:
1. That the Council include in its Physical Activities Services Directory for Older People, information regarding Blue Mountains Walking Programs including the National Heart Foundation Walking Program based in Blackheath. This directory is currently being updated and will be disseminated to the library branches, Council Customer Service Counters, local Chemists and Medical Centres on its completion;
2. That information flyers on the walking group are disseminated to community groups throughout the Blue Mountains and also be available at Council Sports and Aquatic Centres; and
3. That where appropriate, the Walking Group is invited to participate in annual community events, e.g. Senior’s Week, Children’s Week and Youth Week activities.
Report by Group Manager, Community & Corporate:
Reason for report At the Council Meeting of 6 April 2010, the Council resolved:
“That a report comes to Council detailing the actions that Council can take to assist in the promotion of the National Heart Foundation Walking Program currently based in Blackheath.” (Minute No. 143, 6 April 2010)
This report details the actions and initiatives that have been undertaken to implement this recommendation.
Background The National Heart Foundation Walking Program at Blackheath is a free community-based walking group led by a dedicated volunteer Walk Organiser. The group meets every Monday at 8.30am at Jubilee Park, Blackheath.
The aim of the program is to encourage people to become active and to reduce a sense of social isolation. The program caters for all levels of fitness and ability.
Council’s Promotional Initiatives The Council’s Aged & Disability Services Development Officer has made contact with the Walk Organiser at Blackheath to identify strategies and initiatives to promote this excellent walking program to the Blue Mountains community. These initiatives include:
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• Placing information regarding the National Heart Foundation Walking Program based in Blackheath in the Physical Activities Services Directory for Older People. This directory is currently being updated and will be disseminated to the library branches, Council’s Customer Service Counters, local Chemists and Medical Centres on its completion; • Information flyers on the walking group will also be disseminated to community groups throughout the Blue Mountains; • Information flyers on the walking group will also be available at Council’s Sports and Aquatic Centres; and • When appropriate the Walking Group will be invited to participate in the Council’s Annual Community Events e.g. Senior’s Week, Children’s Week, and Youth Week activities.
Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social The Walking Program provides Nil participants with a good way of meeting people. The Walking Program improves mental and physical health through active participation. Economic The Walking Program improves health and Nil as consequence reduces medical costs. Governance The increased health benefits that the Nil Walking Program provides reduce the impact on health services.
Financial implications for the Council There are no financial implications for the Council arising out of the report recommendations.
Legal and risk management issues for the Council The Blackheath Area Neighbourhood Centre provides Public Liability Insurance for this group.
External consultation Consultation has been conducted with the Blackheath Area Neighbourhood Centre and the Walking Group Organiser.
Conclusion It is recommended that the Council include in its Physical Activities Services Directory for Older People information regarding Blue Mountains Walking Programs including the National Heart Foundation Walking Program based in Blackheath. This directory is currently being updated and will be disseminated to the library branches, Council Customer Service Counters, local Chemists and Medical Centres on its completion.
It is also recommended that information flyers on the walking group are disseminated to community groups throughout the Blue Mountains and also be available at Council Sports and Aquatic Centres. It is recommended that where appropriate, the Walking Group is invited to participate in annual community events, e.g. Senior’s Week, Children’s Week and Youth Week activities.
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- 52 - LOOKING AFTER PEOPLE Item 11, Ordinary Meeting, 08.06.10
ITEM NO: 11
SUBJECT: KATOOMBA SKATE PARK ALTERNATIVE LOCATIONS
FILE NO: F02274 - 10/66597
Management Plan Link Principal Activity: Looking After People Service: Sport and Recreation Project: Capital Works Project
Recommendations:
1. That further investigations and negotiations are undertaken into making the current Katoomba Skate Park located in Goldsmith Place a permanent site; and
2. That a further report comes to the Council on the detailed outcome of the negotiations and investigations within 12 months.
Report by Group Manager, Community & Corporate:
Reason for report The purpose of this report is to make recommendations into an alternative location for the Katoomba Skate Park. Investigation into an alternative location is listed as an action in the 2009-2010 Management Plan.
This report outlines the investigations into alternative sites and options for improving the current site.
Background On 22 November 1994, (Minute Number: 611) Erection of Freestanding Skateboard Ramp – Frank Walford Park, Katoomba, the Council resolved to defer making a decision on a report to place a half-pipe skate ramp at Frank Walford Park until a detailed site analysis of potential sites was available for the location of a skate facility in Katoomba.
This site identification and analysis was undertaken during 1995 and 1996 and included eight (8) sites in Katoomba. These sites included: Bureau Park, Katoomba Showground, Melrose Park, Frank Walford Park, Harold Hodgson Reserve, Barton Street, Goldsmith Place and two sites opposite the Gearins Hotel. A Council report of 24 September 1996 concluded that Goldsmith Place site was the most suitable of the sites investigated for the location of an interim site for a temporary skate facility. The report qualified this decision: “The team members considered that in the longer term, a comprehensive skating facility catering for a much greater range of skills and skating styles is required to ensure maximum skating usage and satisfaction.”
The current Katoomba Skate Park location at Goldsmith Place was established in 1997 and was declared an interim skate park. Since its establishment, a number of issues with its location have become apparent including: poor surveillance, low levels of use and the community perception that it is an unsafe place for young people to visit. These issues arise from: • The isolated nature of its location: no pedestrian or vehicular traffic passes close by;
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• The traffic that can view the skate surface does so from Yeamans Bridge or from the Train or station which is not close enough to easily identify individuals; • Having only a single formal entry point which makes it difficult for users to escape threatening situations; and • The lack of facilities to make it a family friendly site, e.g. junior skating facilities, play equipment, picnic facilities.
Further investigations were required to find a more suitable permanent site that would allow for a comprehensive skating facility as part of a larger recreation precinct.
Councillors should note that the draft CWP includes $40,000 design money in 2011-2012 (year 2 of the draft Delivery Program), and $240,000 construction money in 2012-2013 (year 3). This allows the next financial year to resolve the issues associated with the preferred location.
Current Situation There is an identified need for a skate park to remain in Katoomba. This is supported by Council’s Sport and Recreation Strategy, Council’s Youth Strategy and letters of support from the Blue Mountains Skate Club and the Upper Mountains Youth Services
The skate parks in the Blue Mountains all rate very low for crime incidents. There has been one (1) “reported” incident to the Police in 2009 at the Katoomba site; however 32 incidents have been “noted” by the Police since 1998. A “noted” incident is something that the Police have observed on site in their patrols. The nature of these incidents is categorised as petty crime and Police do not consider that any of the skate parks attract rates of crime or antisocial behaviour higher than any other public place.
Existing users rate the site as “not bad” with regards to safety. However discussions with non-users and feedback through the steering committee indicated that many potential users stay away from the Katoomba Skate Park because: • The setting does not encourage confidence as to safety; • The facility does not cater well for beginner or junior skaters; and • The setting is not attractive to non-skaters who might bring skaters to the site.
This validates the 1996 report’s predication that the skate park, in its current form, does not service as much of the community as it could do if it were in a different location or if more comprehensive facilities could be developed on the current site.
Method of investigation To assist in the review of the existing site and review of other locations a steering committee was established. Membership of the committee included: • 3 Skate boarders; • 3 Mountains Youth Services Team (MYST) staff ; • Council's Youth officer; • Two members of Council’s Recreation Team; and • Community Safety & Crime Prevention Officers from Springwood Police Station.
Council staff undertook a desk top study of the Katoomba/Leura area and identified all sites within Council ownership or management that had an appropriate zoning for recreation use. This was based on the assumption that the Council would not wish to acquire land or rezone a parcel of land. 21 sites were initially identified at this phase.
This committee met and devised a selection criterion for assessing the sites and assigned differing weights to the criteria to reflect their differing importance. All sites were assessed
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against the criteria shown in Table 1, rated from 1 (poor) to 5 (excellent) and the score multiplied by the weighting factor. Some sites were immediately eliminated as they did not meet the essential criteria whilst others were eliminated after initial investigations.
Table 1 - Section criteria and weighting Specific Criteria Weighting Zoning/ Tenure Council owned or managed. Essential Zoning – Recreation or Commercial Essential
Accessibility Distance from Station (less than 15 Essential min walk) * 3 Safe access (minimise Highway 3 crossings) * 1 Public transport. * 2 Parking 1 Walking 2 Shops/ Businesses/ Services * Access to other Recreation Facilities Amenities Water (implemented at reasonable 5 cost) 3 Toilets (close by or implemented at reasonable cost) 1 Power 1 Phone 1 Emergency/ First Aid 2 Shade (existing established) 1 Shelter/ Seating 2 Scope for tuck shop (make location more inviting, increase ownership & provide business) * Suitability Terrain/ Landscape/ Layout/ Size/ 3 Ability to accommodate Skater perception 3 Existing Facilities & Infrastructure 2 Availability to the community cross 3 section/ ‘Family area/ other recreation facilities * 2 Present usage. Compatibilities & Conflicts Impacts Neighbouring residents Essential (Greater than 40m; or natural noise barrier) * 3 Distance to neighbouring residents. 40-49m=1; 50-59=2; 60-69=3; 70- 3 79m=4; >80m = 5
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Specific Criteria Weighting Local businesses 2 <30m=1; 30-39m=2; 40-49=3; 50- 3 59m=4; >60m=5 3 Strong existing Visual character Vegetation & Landscape Compatibility with Cultural values Safety/ Security Degree of Surveillance, particularly 5 day 3 Readily seen by night (the benefits of this are arguable). 3 Well used road with local traffic & some level of pedestrian use Police support Police officer determination as to Essential whether the site is acceptable to the Police.
After initial analysis and discussion, the following sites were selected for site visits and further consideration:
Melrose Park Bloome Park Bureau Park Vale Street Katoomba Showground Goldsmith Place (the current skate park) Hinkler Park East
Outcomes The results the assessment for these sites are summarised below.
Table2 – Findings of site assessments Katoomba Skate Park Assessment Summary - April 2010 Site Criteria Comment Average (grouped) Weighte d Score Goldsmith Accessibly Close to station. 41.6 (In current state Central location. and location) Amenities Seats needed in shade. 23.3 Viewing area needed. Toilets available at station. Suitability Existing. 37.3 Impacts No impacts as due to there being 59.3 no change. Safety/ More of a perception of risk than 30.3 Security real risk. Police support Needs upgrade. TOTAL 191.8
Goldsmith Accessibly Close to station. 50.0 (Improved in line Central Location. with Amenities Seats, Bins, Bubbler installation. 37.75 recommendations Suitability Extra space would improve 52.25 in this report)
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Katoomba Skate Park Assessment Summary - April 2010 suitability. Impacts Re working existing is minimal 60.5 impact. Safety/ More access & development may 36.5 Security improve. Police support Supported if improvements made TOTAL 237
Melrose Park Accessibly Footpath needed on Albion St 31.6 Amenities Toilets 59.4 Shade Suitability Open layout & space. 56.2 Other recreation facilities on site. Impacts Construction could occur with 49.2 minimal impact. Closure of Goldsmith Plc some impact. Safety/ Easily viewed. 40.5 Security Police support Preferred option. TOTAL 236.8
Bureau Park Accessibly 20 minutes from station. 27.25 Few paths. Amenities Toilets. Shade 61.75 Suitability Will vary if placed on North or 34.75 South side of Park. If South side may need to displace sport Impacts Will vary if placed on North or 40.25 South side of Park. North side may impact on trees, playground & greater resident impact. Safety/ Flat. 38.75 Security Low surveillance after 4pm Police support Supported but lower preference. TOTAL 196.25
Vale Street Accessibly Walking access steep. 19.0 No path. Amenities Toilets at Kingsford Smith. 41.0 Need to install bubbler, seats. Suitability Underground utilities, mains etc. 23.0 Small site. Impacts Currently no formal use of 28.0 recreation space. Close to residential setting. Safety/ Holding pond poses safety 28.5 Security threats. Public use low. Police support Not preferred. TOTAL 136.5
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Katoomba Skate Park Assessment Summary - April 2010 Katoomba Police support Not supported. - Showground Comments Too many places to hide. - Structures to vandalise. Not viewed from main highway. Fence prevents quick police access.
Bloome Park Police Support Not supported. - Comments Trees and places for people to - hide. Proximity to residences. ‘Heritage’ nature of park.
Hinkler Park Police support Not Supported - Comments Places for people to hide. - Proximity to residences. Historic feel to location.
The outcome of the investigations and considerations of the steering committee were that two of the options were acceptable: a. changes to the existing site at Goldsmith Place or b. the relocation to Melrose Park. It was also determined that Goldsmith Place would not be acceptable as a permanent site if the changes identified in Table 3 below are not made and the permissibility of these changes are subject to further negotiation with the RTA, State Rail, the Local Traffic Committee and the owners of the adjacent property where development is currently proposed. Further investigations into the costs of the changes are also required.
While the scoring shows very little difference between an improved Goldsmith Place and a new skate facility in Melrose Park, consideration is given to the costs of closing Goldsmith Place if Melrose is developed instead. Improvement of the existing site is considered a more sustainable approach than relocation, if further investigations confirm that it is feasible.
Bureau Park and the Vale Street Wetlands were rated as marginally acceptable for relocation of the skate park but as neither site was rated as highly as either Melrose Park or an improved Goldsmith Place they are not recommended for further investigation.
The advantages of Melrose Park are: • The visibility of the site, whilst being more than 40m from residential property boundaries; • The existing open level space where a skate facility could be easily constructed; and • The existing facilities on site – play equipment, toilet block and sports field – that combine to make a family friendly site.
Goldsmith Place Assessment for Improvements Goldsmith Place was assessed both in its current condition and with a range of improvements suggested by the committee. The improvements are summarised in the table below:
Table 3: Potential improvements to the existing Katoomba Skate Park in Goldsmith Place. Issue Proposed change Concerns and Process required Accessibility 1. Formalise the existing worn track Approval needed from RTA – this into the skate park from Yeamans may lead to people walking on
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Issue Proposed change Concerns and Process required Bridge the wrong side of the highway 2. Provide pedestrian sequence to the Approval needed from RTA – lights on Yeamans Bridge to reach the may lead to additional congestion proposed formalised access in 1. on Yeamans Bridge 3. Provide steps and disabled access Land not owned by Council. May from Yeamans Bridge on the eastern require lift or ramp for disabled side access as part of the proposed development. Visibility and 4. Remove recently planted hedge Need to negotiate with State Rail surveillance which will block view from railway station 5. Provide viewing platform on Approval needed from RTA – this proposed path from Yeamans Bridge may lead to people walking on the wrong side of the highway 6. Trim the trees on site between the Need to ensure healthy attractive bridge and the park trees. 7. Encourage more access through site See accessibility points above. 8. Create more activity in Goldsmith This is proposed in a current Place Development Application, however it is private land and not in Council’s control 9. Encourage other users to the skate There is limited space for park through providing skating facilities additional facilities. More space for younger people and changes to the requires relocation of the cul-de- existing facilities sac to the eastern side of the bridge, or reconfiguration of the existing one. This may involve a Development Application and will require negotiations with the Local Traffic Committee and Council, and also owners of the adjacent property if relocated. 10. Provide an outreach venue; There are zoning issues and possibly a tuck shop. viability issues with a tuck shop, but Youth Centre vans can visit Improvements 11. Remove the weeds, provide seats See comments on space above. to the setting in shade, plant some attractive shrubs, Cost and maintenance a provide lawn if space permits, reduce consideration. concrete where it is not necessary. Provide bins, seats, bubbler and night Need to ensure that with any time lighting. changes vehicles can still drive directly to the site. 12. Improve diversity and layout of skating equipment at the park to attract a better cross section of users.
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Sustainability Assessment Effects Positive Negative Environmental • Development to follow DCP/LEP May involve removal of guidelines; established trees. • Opportunities for additional landscaping of the site; and Minimal materials required from using existing facility. No demolition disposal required. Social • Provide recreation opportunities for Nil a wider range of the community; • Provide a safer and more usable recreation space; and • A central location is maintained for the Katoomba Skate Park. Economic Young people accessing retail and other Nil service opportunities in Katoomba. Governance The 2009-2010 Management Plan listed Nil undertaking investigation into an alternative location for the Katoomba Skate Park as an action. This process has been undertaken utilising professional expertise and community stakeholders with documented measured methodology.
Financial implications for the Council The project is provisionally allocated funding of $40,000 in the 2011-2012 capital works program for design and detailed investigations. A further $240,000 is been allocated in the draft 2012-2013 capital works program for the Katoomba Skate Park construction, as presented in the draft Delivery Program. Salaries and wages relating to the delivery of this project are accounted for in the 2010/11 draft operating budget to deliver this Management Plan objective.
Recurrent operational and maintenance costs are currently funded in maintenance budgets and it is anticipated that the existing maintenance budget for the Katoomba Skate Park will remain with its upgrade. If a new facility is established at Melrose Park, the existing maintenance budget would be utilised for this site, once it is constructed. The need for additional funding may be required depending on the actual nature of the upgrade of the existing site, or the size and characteristics of the new site once it is constructed. It is envisaged that this funding increase, if required, will be minimal.
Legal and risk management issues for the Council There are no known legal or risk management issues associated with further investigations into the possibility of improving the Katoomba Skate Park in Goldsmith Place.
External consultation The investigation into alternative sites for the Katoomba Skate Park included the formation of a steering committee, as outlined above.
As part of the 2008/09 Capital Works Program bids, Council received letters from the Blue Mountains Skate Club and the upper Mountains Youth Centre confirming that there is a
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strong need for a skate facility in Katoomba as well as expressing support for further investigations into relocating the Katoomba Skate Park.
Conclusion Investigation and assessment has determined that Goldsmith Place is the preferred site for a permanent skate park, subject to the upgrades being completed as outlined above.
The changes required to improve the current skate park are complex and involve negotiation with government agencies, an adjacent landholder, and investigations into costs. It is therefore recommended that further negotiations and investigations commence into upgrading the current skate park site and that a further report come back to the Council in March 2011 on the outcomes of these negotiations and investigations, prior to this project proceeding to the detailed design stage.
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- 61 - LOOKING AFTER PEOPLE Item 12, Ordinary Meeting, 08.06.10
ITEM NO: 12
SUBJECT: TREE PLANTING AT BUNDAH ST WINMALEE
FILE NO: F02288 - 10/68075
Management Plan Link Principal Activity: Looking After People Service: Sport and Recreation Project: This report does not relate to a Management Plan project
Recommendations:
1. That the Council notes the contents of the report; and
2. That planting of screening vegetation as a graffiti prevention strategy at this location is not implemented.
Report by Group Manager, Community & Corporate:
Reason for report The Council Ordinary meeting of 16 March 2010, the Council resolved:
“That a report come to council on the feasibility of planting trees along the fences at the park at Bundah Street, Winmalee to prevent the occurrence of graffiti.”
(Minute Number 118, 16 March 2010)
This report responds to the above.
Background The park area that is the subject of the resolution is located at 19-23 Bulbi Avenue, Winmalee. The park area provides a link between the local roads of Bundah Street and Bulbi Avenue.
A site inspection undertaken of the park identified approximately 70 metres of adjoining solid fencing not currently screened by trees. On this area of fencing three locations showed evidence of graffiti attacks and removal. The removal of graffiti from fences adjoining private property is not standard practice and Council records do not indicate any cleaning of graffiti from this location.
Within the park area, there are also sections of mesh type fencing not being screened by trees. These sections of fencing have not been assessed for tree planting as this type of fence is not a desirable medium for graffiti.
Tree Planting for Graffiti Prevention To be effective in preventing graffiti attacks, tree screening along the exposed fencing requires planting at 1-metre intervals. The plant selection for screening has to consider: • Spread of the tree and pruning characteristics required for effective screening; • Potential height and size of the trees; • Growth rate to provide effective screening as soon as possible;
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• Impacts on adjoining properties from shading potential, falling branches and root invasion; and • Ongoing maintenance requirements for the trees such as pruning, weeding and vandalism remediation.
Two potential tree species have been identified as suitable for screening of the fencing area: 1. Callistemon Viminalis (Red) Bottlebrush, 2m - 4m in height. Fast growing, good pruning characteristics, shading and branch risk potential low and low root invasion potential; and 2. Callistemon Endeavour (Red) Bottlebrush, 1m - 3m in height. Slower growing, good pruning characteristics, shading and branch risk potential low and low root invasion potential.
Due to its faster growing characteristic providing effective screening sooner, the Callistemon Viminalis species is the recommended species for planting in this area.
The planting of trees in this area as a graffiti prevention measure is considered feasible however its effectiveness will be subject to plant maintenance and a matter to be monitored over time. The resulting restriction of access to the fences may discourage graffiti attacks however it is also possible that the new trees could be subject to vandalism. It should be noted that this situation is not unique to this particular park and there are many situations across the Blue Mountains where fences on private property that adjoin Council owned or controlled land are subject to graffiti attacks.
Sustainability Assessment
Effects Positive Negative Environmental Provides potential improvement in amenity Nil due to graffiti minimisation. Social The incidence of graffiti across the LGA is Nil recognised as a significant social problem requiring resources dedicated to clean-up and control measures. Prevention strategies are widely recognised as being more cost-effective than reactive clean-up strategies. Economic Nil Nil Governance Nil Nil
Financial implications for the Council Establishment costs for the planting are estimated at $2000.00 for 70 trees, and includes tree purchase, planting, mulching and watering. Maintenance costs are estimated at $500.00 per annum and this includes pruning and weeding, but does not include vandalism remediation or replacement. This project is not currently funded in existing operational budgets. Should the Council resolve to proceed funding will have to found from other operational activities.
Legal and risk management issues for the Council There are no legal or risk management issues with adopting the recommendations of this report.
External consultation No external consultation has been conducted however consultation was undertaken during the preparation of this report with Council Parks Operational Staff. If this is to proceed consultation will be required with the property owners having fences adjoining the park.
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Conclusion In summary, the report concludes that the planting of trees along the exposed fencing areas of this park as a graffiti prevention measure is feasible however such a strategy is not currently funded in Operational or Capital Works budgets. In addition, the situation for this park is not unique and the adoption of this strategy as a graffiti prevention measure may give rise to expectations in other locations across the LGA. Implementation of the planting strategy needs careful consideration and is not recommended at this point in time by staff as a one-off.
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- 64 - LOOKING AFTER PEOPLE Item 13, Ordinary Meeting, 08.06.10
ITEM NO: 13
SUBJECT: YEAR ROUND ACCESS TO THE KIOSK AND TOILETS, BLACKHEATH MEMORIAL POOL
FILE NO: F00971 - 10/68801
Management Plan Link Principal Activity: Looking After People Service: Sport and Recreation Project: This report does not relate to a Management Plan project
Recommendations:
1. That the Council receive a report by May 2011 providing costed design options to modify the toilet amenities at the Blackheath Pool to provide year-round access by park users;
2. That the report back includes a comparative concept design and costing for building a new standalone facility; and
3. That further survey, market testing and feasibility studies are undertaken on the proposal for expanded Kiosk operations to determine the commercial viability of such a development and this is also reported back to the Council by May 2011.
Report by Group Manager, Community & Corporate:
Reason for report At the Council meeting of 16 March 2010, the Council resolved:
"That a report is prepared for Council that outlines:
1. The steps, costs and process to create year-round access to the Blackheath Memorial Pool kiosk and toilets by re-aligning the north edge and any other part as needed of perimeter fence or other alternative access;
2. The necessary upgrades or changes required to the Pool toilets to mitigate the need to build new toilets & showers as discussed in the Blackheath Memorial Park Plan of Management, and budgeted for $400,000; and
3. Potential management of these year-round facilities by the Blackheath Caravan Park, as part of the caravan park facilities."
(Minute Number 26, 16 March 2010)
Background In the recently adopted Plan of Management for the Blackheath Memorial Park, $400,000 has been identified as needed to fund the construction of new public toilets in the park. It was considered a high priority, but currently unfunded project in the Plan of Management. The draft Delivery Program recently exhibited allocates $300,000 in 2012-2013 capital works
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program for the renewal of this toilet block. Additional capital income for asset renewal from the proposed special variation to rates, if approved, is identified as funding for this project.
The toilet block has not been designed or costed at this point and the costs quoted in this report are therefore rough order estimates only. This report explores the potential cost saving to Council through having the toilets accessible by users of the park all year round as an alternative to constructing a new separate toilet block. On the face of it the kiosk may have the potential to generate revenue during and out of the pool season if accessible by both park users and pool users. The report also canvasses this potential to increase revenue from the Kiosk operation.
Pool toilet access Initial investigations indicate that access to the Pool toilet amenities all year round by users of the park is feasible. This could be achieved utilising the male, female and disabled access toilets at the northern end of the building by realigning the fencing, relocating the entrance gates, reconfiguring and undertaking an internal fit-out of the toilets and ensuring compliance with disabled access standards. Issues with access to the Gallipoli stairway can also be addressed along with improvements to the general landscaping around the entrance area.
Conceptually a proposal to expand the kiosk hours as a year-round service accessible to both pool and park recreation users and visitors is achievable however a business case based on proper market analysis should be prepared, to include: • Seasonal operating timeframes; • Park user and visitor profile; • Park user and visitor numbers, duration and repeat visits; • Market testing and product survey of park users; • Fixed and variable cost of running kiosk business; • Capital for any necessary upgrades or business/security equipment; and • Preparation of 3-year draft budget including sales and revenue forecasts, expenditure and profit and loss.
The research, data collection and preparation of the business case as outlined is resource intensive and time-consuming and the unplanned-for stream of work required has not been undertaken as part of the preparation for this report. Should the Council adopt the report recommendations this work will be included in the work planning for 2010-2011.
Potential use of the Caravan Park Management to manage the Amenity Block The Caravan Park Management business demands may differ from park recreation users and visitors and therefore a better understanding of both business operations is needed. A strategic analysis is currently underway of the possible management models for the Council owned Caravan Parks including the Blackheath Caravan Park. At this time it is not possible to comment further on this proposal.
Sustainability Assessment
Effects Positive Negative Environmental Nil Nil Social Improved disabled access. Nil Improved recreation facilities. Eliminate using western side of park toilet facilities which are a long walk and no disabled access.
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Effects Positive Negative Economic Increased and improved levels of service Nil for the park will make the park more attractive for both residents and visitors with unquantifiable, but positive, economic impacts Governance A more Accessible and Equitable City of Nil Blue Mountains
Financial implications for the Council The estimated capital cost to upgrade the amenities at the Blackheath Pool to allow park users access to the amenities outside of the pool operation times is currently not fully costed. However, it is considered a feasible proposition, and initial analysis indicates that retro-fitting the existing amenities block may be less than the cost of constructing an additional new standalone toilet facility at the park.
Should the Council resolve to proceed with the recommendations a further report will be brought back to the Council by May 2011 which will include design options and costing information allowing for a comparative analysis between the options of either building a new separate toilet block for park users or to retrofit the Pool amenities block to provide for use by both pool and park users. This feasibility work will be scheduled into the work stream for 2010/2011. However, no funding is identified in draft budgets to resource this work.
Decisions taken can then be factored into the preparation of forward Capital Works Programs and budgets. The draft funding of $300,000 for the renewal of the Blackheath Park toilet is scheduled in the current draft CWP for 2012-2013 (i.e. year 3 of the draft Delivery Program) noting that funding is dependant upon the additional income from the Special Variation to rates.
Legal and risk management issues for the Council Realignment of the pool enclosure fence to allow access to a retrofitted toilet and amenities block and kiosk operation may expose these facilities, currently located within a secure enclosure, to increased vandalism.
External consultation Further consultation is required with stakeholders such as recreation park management, pool management, caravan park management, Friends of the Blackheath Pool and Memorial Park, and other appropriate local community organisations. In addition business development and market analysis will be required to support the proposed kiosk operation.
Conclusion Initial investigations have revealed that it may be possible to retrofit the existing pool amenities block for less than the cost of constructing new toilets. Further work is needed to fully understand the implications, design and costs of this strategy. It is proposed to bring back a report to the Council by May 2011.
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- 67 - USING LAND FOR LIVING Item 14, Ordinary Meeting, 08.06.10
ITEM NO: 14
SUBJECT: RESTORATION OF LAWSON SHOPS FACADE
FILE NO: F05075 - 10/68450
Management Plan Link Principal Activity: Providing Good Government Service: Strategic Planning for the Organisation Project: This report does not relate to a Management Plan project
Recommendations:
1. That the Council note the options contained in this report for the restoration of the façades;
2. That the Council agrees to proceed with Work Parcel 1, for restoration works on the building façades subject to grant funding assistance being obtained for the project; and
3. That in the event the shops are sold prior to these works being undertaken, and Grant funding cannot be secured within 2 years, the Council will not proceed with the restoration works.
Report by Group Manager, Community & Corporate:
Reason for report At the Ordinary Meeting of 1 December 2009, the Council resolved:
"That the Council receive a report on the options for re-dressing the facades of the Council owned shops in Honour Ave with a view to: • Restoring as near to original while in Council ownership; and • Including in the 2010/11 budgeting and planning cycle."
(Minute Number: 541, 1 December 2009)
This report responds to that request.
Background A specialist heritage consultant has provided advice on what options are available to re- dress the facades on the Council owned shops on Honour Avenue, Lawson. Attachment 1 identifies the ownership of the Honour Avenue shops. Attachment 2 contains a photograph of the current shop facades.
The properties at numbers 3 to 7 Honour Avenue, Lawson were purchased by the Council in 2008 as a strategy to facilitate components of the Lawson Town Centre Development, in particular, to allow road and car parking development to be progressed at the rear of the shops.
The brick parapet façade over the shop at 7 Honour Avenue had been removed some 40 years prior, possibly at the time of compulsory removal of the balcony structure and to facilitate a glass frontage to the store. The shop at 1 Honour Avenue is privately owned and
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has likewise had the original parapet façade removed or altered. The issue of the Council spending public funds on a non Council property is an issue that has still to be addressed.
Furthermore, the Council considered a report on the sale of the Council owned shops at the Ordinary Meeting of 18 May, 2010, where it was resolved, in part:
"1. That Council sell the land and buildings forming 3, 5 and 7 Honour Avenue, Lawson via private treaty and a condition of sale be included that gives Council the right to restore the building façade within a 2 year period after settlement should Council be successful in securing grant funding for this purpose;
(Unconfirmed Minute Number 225, 18 May 2010)
Therefore, should the Council choose an option for the restoration of the façades; the work must be delivered in 2 years and be funded by way of grant funding.
Options for consideration The consultant report has identified the following options for the restoration of the façades and shop frontages. Each option requires further refinement, but the main outcome and a rough order estimate of costs are summarised below and set out in Attachment 3:
Work Parcel 1 A full façade only reconstruction of the shop frontages 1-7 Honour Avenue to 1915 frontage at an indicative cost of approximately $200,000. . The façade only option would go some way as to the intent of the restoration however this would leave the other parts of the buildings unrestored to there original condition i.e. shop fronts and verandas.
Work Parcel 2 Reconstruction of the ground floor and verandas at an indicative cost of approximately $350,000. Ground floor & verandas restoration option, along with Work parcel 1 would result in the complete building restoration being achieved at a total cost of approximately $550,000.
Work Parcel 3 A full reconstruction of 1-3 and 7 Honour Avenue’s façades, at an indicative cost of approximately $185,000.
Work Parcel 4 Reconstruction of the ground floor and verandas with a partial restoration of the frontage of 5 Honour Avenue, at an indicative cost to carryout this work is estimated to be in the vicinity of $230,000. A complete restoration to shop number 5 can not be achieved due to the original veranda depth and the location of the pedestrian footpath; however it would enhance the over all intent of the restoration works.
Sustainability Assessment
Effects Positive Negative Environmental Nil Nil. Social Recreating the heritage appearance of Nil. these shops will add to their attractiveness and future appeal of the precinct, and follows the lead taken by the redevelopment of the adjoining hotel in a manner sympathetic to heritage values.
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Effects Positive Negative Economic The continued commercial viability of the Nil. shops on Honour Avenue contributing to a vibrant town centre is an essential part of the Lawson Town Centre redevelopment. Governance The Council as current owner of a block of Nil. these shops is seen to be exercising the best outcomes for the Lawson community.
Financial implications for the Council Whilst any of these restoration works options will compliment the heritage vista of the restored hotel approaching Lawson from the east and provide an aesthetic benefit to the town, valuation advice is that restoration of the façades and shop frontages will not necessarily add any capital value to the property.
Heritage grant funding can be applied for however a successful application could only expect the sum of $75,000. For any of the works options presented to proceed in accord with the Council resolution, further grant funding will have to be identified.
Legal and risk management issues for the Council In the event that the ownership of the properties passes into private hands before restoration works are undertaken advice on the propriety of expending public monies, grant sourced or otherwise on private property will have to be confirmed.
External consultation A Heritage consultant was contracted to provide the Council with a professional and comprehensive report a number of references are contained within the report.
Conclusion This report is intended to allow the Councillor’s the ability to make an informed decision as to the future of the restoration of the facades and shop frontages to the Staples Stores 1-7 Honour Avenue, Lawson.
ATTACHMENTS/ENCLOSURES
1 Land ownership Honour Avenue shops 10/77333 Attachment 2 Lawson shops 2010 facades 10/16917 Attachment 3 Draft Sketch Honour Avenue Shops 10/76235 Attachment
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Attachment 1 - Land ownership Honour Avenue shops
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Attachment 2 - Lawson shops 2010 facades
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Attachment 3 - Draft Sketch Honour Avenue Shops
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USING LAND FOR LIVING Item 15, Ordinary Meeting, 08.06.10
ITEM NO: 15
SUBJECT: CONFIDENTIAL BUSINESS PAPER – CONFIDENTIAL REPORT - PROPOSED PURCHASE OF RTA LAND LAWSON TOWN CENTRE - LOT 54, 56 AND 57 IN DP1130340
FILE NO: 10/69762
Recommendations:
1. That Item 15 in the Business Paper be deferred for consideration until all other business of this meeting has been concluded; and
2. That the Council close part of the Council Meeting for consideration of Item 15 in the Confidential Business Paper - CONFIDENTIAL REPORT - PROPOSED PURCHASE OF RTA LAND LAWSON TOWN CENTRE - LOT 54, 56 AND 57 IN DP1130340 pursuant to the provisions of Section 10A(2) (c) (d ii) of the Local Government Act 1993, as the report contains and discussion is likely to involve: (c) Information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; and (d ii) Commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council.
Report by Group Manager, Community & Corporate: This matter has been listed in the Confidential Business Paper because consideration of the matter will involve discussion that would best take place in a meeting which has been closed to the public in accordance with the provisions of Section 10A of the Local Government Act 1993.
The matter to be dealt with relates to Confidential Report - Proposed Purchase of RTA Land Lawson Town Centre - Lot 54, 56 and 57 in DP1130340.
Section 10A of the Act requires that any proposal to close part of a meeting to the public be notified in the agenda, and a resolution to close part of a meeting to the public be passed setting out reasons for doing so.
In this case, the reason for closing that part of the meeting to consider Item 15 in the Confidential Business Paper is that the report includes, and discussion is likely to involve information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council.
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ITEM NO: 16
SUBJECT: BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - AMENDMENT 16 - REZONING OF CERTAIN LAND AT WHITE CROSS ROAD WINMALEE FOR A MEDICAL CENTRE.
FILE NO: F05787 - 10/65870
Management Plan Link Principal Activity: Providing Good Government Service: Strategic Planning for the City Project: This report does not relate to a Management Plan project
Recommendation:
That the Council, pursuant to section 59(2) of the Environmental Planning and Assessment Act 1979, forward to the Department of Planning the draft amendment to the Blue Mountains Local Environmental Plan 2005 (LEP 2005) requesting that the Minister make the plan which amends LEP 2005 by rezoning No. 1 White Cross Road, part of No. 1A White Cross Road and No. 412-414 Hawkesbury Road Winmalee from Living – General to Village – Housing.
Report by Group Manager, Community & Corporate:
Report Summary The purpose of this report is to inform the Council of the status of the proposal to rezone No. 1 and part of No. 1A White Cross Road and No. 412-414 Hawkesbury Road Winmalee, from Living – General to Village – Housing with the intention it may be developed as a medical centre and to seek the Council support to proceed with the LEP amendment.
A copy of the Planning Proposal is appended to this report as Attachment 1.
Background At its ordinary meeting of the 15 December 2009, the Council made the following resolution:
“1. That the Council adopt the provisions of the Planning Proposal prepared under s.55 of the Environmental Planning & Assessment Act 1979 for the rezoning of No. 1 White Cross Road, part of No. 1A White Cross Road and No. 412-414 Hawkesbury Road, Winmalee from Living – General to Village - Housing under Blue Mountains Local Environmental Plan 2005;
2. That the Planning Proposal for Local Environmental Plan 2005 Amendment 16 be forwarded to the Department of Planning for assessment and Gateway Determination by the Minister under s.56 of the Environmental Planning & Assessment Act 1979;
3. That Blue Mountains Local Environmental Plan 2005 Amendment 16 be processed with the Gateway Determination; and
4. That a report is brought before the Council, subject to the Gateway Determination, at the conclusion of the notification period by June 2010 to
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enable consideration of submissions to be made to Blue Mountains Local Environmental Plan 2005 Amendment 16.”
(Minute Number 555; 15 December 2009)
A Planning Proposal was prepared in accordance with s55 of the Environmental Planning & Assessment Act 1979 (EP&A Act) and was forwarded to the Department of Planning (DoP) in December 2009 for initial assessment. The Planning Proposal was considered by the LEP Panel and the Minister issued a determination on the proposed LEP amendment. The Gateway Determination was issued on 23 February 2010. The Gateway Determination noted that the proposal should proceed and prescribed the community and agency consultation required and nominated a timeframe of 6 months for the completion of the proposal.
The LEP amendment was publicly exhibited in accordance with s57 of the EP&A Act and cl.1 of the Gateway Determination. The exhibition period was from 10 March 2010 to 9 April 2010. The Council received 2 submissions to the proposal.
The issues noted in the submissions were: 1. Retention of vegetation; 2. Delivery trucks parking on the road reserve; 3. Lack of clarity and certainty; 4. Disadvantage and inequity; and 5. Insufficient information.
Discussion of Submissions From Public Exhibition
1. Retention of Vegetation There are mature trees and shrubs within the subject land, predominantly around the perimeter. The Precinct Provisions which form part of the Planning Proposal and will, should the Council adopt the LEP amendment, provide the development guidelines for any future development, requiring Cl. 2(1) …new building works…. reflect the pattern and scale of the surrounding residential areas, together with surrounding gardens…… redevelopment is to incorporate visually significant elements of established garden settings, particularly tall eucalypts and other canopy trees.
Cl. 3(3) Site Coverage (a) The maximum site cover for buildings is 55 per cent of the total site area (b) The minimum area to be retained as soft, pervious or landscaped area (excluding hard surfaces) is 35 per cent of the total site area.
Cl. 4(1) Landscaping, built form and finishes (a) Gardens and buildings minimise impacts on the surrounding bushland and provide for additional plantings that are compatible with the ecology of adjoining bushland plant communities as well as minimise bush fire hazard. (b) Buildings incorporate design features that promote effective integration with the bushland setting in particular: (i) buildings should be surrounded by landscaped areas,
The proposed Precinct Provisions will ensure that future development on the land will incorporate landscaping features making this site comparable with adjacent residential developments. Vegetation within the road reserve is not entirely within Council’s control as Hawkesbury Road is a classified road and in the control of the Roads and Traffic Authority.
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2. Delivery trucks parking in the road reserve It is understood that a large truck regularly parked in the road reserve between No. 412-414 Hawkesbury Road and the Hawkesbury Road kerb. It’s understood that the vehicle belongs to the former owner of No. 412-414 Hawkesbury Road and is no longer parked at this location.
Council is not aware of any traffic issues with respect to delivery vehicles to the Winmalee Shopping Centre or any significant issues with vehicle movements in the locality of the subject land.
3. Lack of clarity and certainty The Planning Proposal and the previous report to the Council notes that it is the express intention of the proponent to develop a medical centre on the land, however the Planning Proposal considers the rezoning of the land from Living – General to Village – Housing and the possible impact of any of the permissible developments on land zoned Village – Housing. The Planning Proposal and the report both conclude that the rezoning of the land to Village – Housing is considered suitable.
4. Disadvantage and inequity A submission claims that the owner of the adjoining land at No. 416-422 Hawkesbury Road had previously approached the Council seeking advice about developing this land for a “Wellness Centre” and Council records confirm that this occurred in May 2008. The records confirm that a “Wellness Centre” or medical centre would not be permissible within the existing zone, Living – General. There is no indication on the file that an LEP amendment was suggested or considered at that time.
The submitter advises that they only became aware of the LEP amendment proposal when a written notification of LEP amendment 16 was received. The owner of the adjoining land No’s 416-422 Hawkesbury Road now requests that the Council consider including this land within the current rezoning proposal.
In mid-2009, in response to enquiries from a local Winmalee doctor, Council officers undertook preliminary investigations into suitably zoned lands in Winmalee where a medical centre would be permissible. Preliminary and general investigations included discussions about the appropriateness of existing zones in the Hawkesbury Road and White Cross Road area. At the time, no conclusions were made about the suitability of existing zones in Winmalee. In November 2009, the application subject of LEP Amendment 16 was lodged to the Council with the request that the proposal be expedited. In the interests of expediting this proposal, broader zone matters were not considered and the subject land alone was proposed for rezoning.
Following the submission from the land owner at No. 416-422 Hawkesbury Road, preliminary investigations have been again considered in the wider context of the area. These preliminary investigations have concluded that the land at No. 416-422 Hawkesbury Road could be considered for rezoning to Village - Housing. The applicant has lodged a Planning Proposal and a detailed consideration of the request will now be undertaken.
The Department of Planning have reiterated in recent correspondence to the Council that they are not supporting “spot rezonings”. Including the land at No. 416-422 Hawkesbury Road with the current proposal, is more consistent with the Department of Planning directive, however it is likely that amending the LEP Amendment 16, to include No. 416-422 Hawkesbury Road will result in the proposal being re-lodged with the Gateway Panel and a new determination being required for re-exhibition of the amended LEP amendment. This will have the effect of delaying the current LEP Amendment 16 for a further 2 to 6 months.
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The alternative and recommended course is that the Council considers the proposal to rezone land at No’s 416-422 Hawkesbury Road Winmalee as a separate LEP Amendment. The assessment of the Planning Proposal to rezone No’s 416-422 Hawkesbury Road will therefore be the subject of a separate future report to the Council.
5. Insufficient Information The submission claims that there was insufficient information provided with the Planning Proposal and exhibition material to adequately review the proposal for a future medical centre.
As part of the initial assessment of the proposal in December 2009, Council officers requested schematic or preliminary plans to confirm that the site was adequate for a medical centre development including on-site car parking, access and egress and landscaping as described in the information submitted to the Council with the rezoning request. The proponent advised the Council at this time that the site area and characteristics were satisfactory and that time did not allow for the plans to be prepared.
Proceeding with a proposal without preliminary or sketch plans is not desirable however in this instance the development of a medical centre at Winmalee was viewed as an imperative to resolve and improve medical services in Winmalee.
Proponent requests The proponent made a recent written request to the Council that amendments are made to the Precinct Provisions. The request was received at the conclusion of the exhibition period and included the following requests: • Insert the word “residential” in cl. 2(1) in two places. This request is considered reasonable as the zone permits the land to be used for residential purposes. An amended cl. 2(1) would read: “Precinct Vision Statement The precinct reinforces a compact town centre, accompanying a range of residential, medical and other profession services that complement the adjacent district level retail and community facilities;
Buildings in this precinct are designed to establish an attractive and distinctive gateway to the neighbouring town centre, as well as expanding the range of residential, medical and professional services that are available in the Winmalee Village”; • Delete the reference to the Bunya Pines in cl. 2(1). The Bunya Pines are located on adjacent land, and the removal of the reference is considered reasonable. The sentence would now read: ”Significant trees are retained and enhanced with new plantings, particularly within and surrounding car parking areas”; • Delete the word “modest” from cl.2 (2) (c). The relevant clause currently reads: “To encourage modest increases in floor space that: (i) incorporate building designs that are consistent or compatible with the scale and architectural character of modern buildings in the centre; and (ii) protect the visual amenity and privacy of neighbouring residential properties.”
The word “modest” is defined in the Macquarie Dictionary as free from ostentation or showy extravagance; moderate. Moderate is defined as keeping within proper bounds; not extreme. The use of the word “modest” in this clause is considered reasonable and provides a literal description in support of the desired development outcome and complements the noted numeric requirements of building height, building setback and site coverage. It is recommended that the word modest is retained.
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• Request that cl.3(1) be amended to read: “(a) Buildings shall not exceed a maximum building height of 9.5 metres (versus 8m) or a maximum height at eaves of 7.5 metres (versus 6.5m); (b) The height above ground from the lowest habitable floor level shall not exceed 2.5 metres (versus 1.5m); (c) Cut or fill within 5 metres of any property boundary shall not exceed 0.5 metres; and (d) The consent authority may agree to departure from paragraphs (a), (b) and (c) if the departure is concealed by sloping topography or existing vegetation that is to be conserved on the site, and no neighbouring residential property is unreasonably affected by overshadowing or overlooking."
Discussion All of the adjoining and adjacent buildings are single or 2 storey. The adjacent shopping centre has a maximum height of approximately 8 metres and a setback of approximately 25 metres from White Cross Road. Typically 2 storey dwellings have a height at eaves of between 5.5 metres to 6.5 metres above ground. The maximum height of a building, at a roof ridge line is dependent upon the pitch of the roof and the span and is typically 1-3 metres above the eaves.
It is considered reasonable to retain the maximum height at eaves of 6.5 metres as this permits adequate height for a 2 storey building with floor to ceiling level of up to 3 metres. Retaining the maximum building height at 8 metres has the advantage of encouraging a built form that is well articulated as well as articulation of the roof form and avoiding industrial style building forms.
The requirement that the height above ground level for the lowest habitable floor level shall be no greater than 1.5 metres is used to avoid developments with garages occupying the lowest level. Such a development would be inconsistent with and inappropriate in this location. A maximum height to the lowest habitable level of 1.5 metres is insufficient for car parking. Furthermore, generous site coverage provisions have been incorporated in the Precinct Provisions.
It is considered reasonable to retain this provision. Permitting a departure from the exhibited provisions that would provide for greater than 2 storeys is not supported (and would need to be re-exhibited).
A change to the site coverage controls has also been made. The maximum site cover for buildings has been increased from 50% to 55%. The minimum area to be landscaped or turfed has been reduced from 40% to 35%. This is considered appropriate in order to accommodate the proposed medical centre and the area required for parking provision.
The Precinct Provisions with the recommended minor amendments are attached to this report within the Planning Proposal.
Should the Council make changes to the planning principles or alter the Planning Proposal, including the Precinct Provisions, the Department of Planning are likely to require the amended Planning Proposal be re-lodged with the Gateway Panel, resulting in a revised Gateway Determination with the likely outcome that re-exhibition of the proposal must occur. This would result in additional time taken to process the LEP amendment.
The Council should note that the DoP placed a ‘Review of the Infrastructure SEPP Discussion Paper’ on exhibition from 12 March 2010 to 12 April 2010. One of the proposed amendments is to make ‘health services facility’ permissible in the R2 Low Density
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Residential zone which is the ‘equivalent’ zone in BMLEP 2005 of Living –General (the current zoning of this site). Should this occur, this current rezoning proposal would become unnecessary. The Department have advised that they are currently reviewing numerous submissions and would not commit to any timeframe. It is considered however that the review may take approximately two (2) months based on previous amendments. In the event that this change does occur, the Council should abandon the rezoning. Up until this time however, the spot rezoning is recommended to proceed.
Sustainability Assessment
Effects Positive Negative Environmental No significant impacts The proposed rezoning does not directly result in any development, however possible future environmental impacts could include: • Whilst the land currently zoned Environment Protection – Private is not included in the proposal, there is likely to be building work in proximity to this land which could have an adverse impact if adequate protection measures are not included; and An increase in traffic accessing the subject land is a possible result from any permissible development on the subject land. Social The proposed rezoning does not No significant negative social result in any development, however impacts. possible future positive social impacts could include: • Additional general practice doctors would be available to service the local community. It is noted that the current Winmalee doctor/resident ratio is less than the Federal Government’s benchmark. • A larger practice will result in more doctors sharing the workload. Alternate permissible land uses would complement and enhance the existing Winmalee town centre precinct
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Effects Positive Negative Economic The proposed rezoning does not No significant negative economic directly result in any development, impacts. however possible future economic impacts could include: • Additional employment for doctors, professional and clerical support staff as well and cleaning and maintenance staff; and Alternate permissible land uses would complement and enhance the existing Winmalee town centre precinct Governance No significant impact. No significant negative governance impacts.
Financial implications for the Council There are no financial implications for the Council as a result of finalising this LEP amendment.
Legal and risk management issues for the Council There are no legal or risk management implications for the Council as a result of finalising this LEP amendment.
External consultation Roads and Traffic Authority The Roads and Traffic Authority (RTA) made the following comments: • Requesting that the Council ensure that child care centres are prohibited from all properties with a direct frontage to Hawkesbury Road.
Child care centres are permissible within the following Blue Mountains LEP 2005 zones: - Village – Town Centre; - Village – Neighbourhood Centre; - Village – Tourist; - Village – Housing; - Living – Genera; - Living – Conservation; - Employment – General; - Employment – Enterprise; - Recreation – Private; and - Recreation – Open Space.
The subject land is currently zoned Living – General and child care centres are permissible at the site under the current zone. The permissibility of child care centres based on the zone will remain permissible with this proposal: • Advising the Council that access will not be permitted onto Hawkesbury Road resulting from any future change of use or development intensification at No. 412-414 Hawkesbury Road and access must be via White Cross Road; and • Advising the Council that access points via White Cross Road should not be in conflict with access to Winmalee Shopping Centre.
An additional clause in the Precinct Provisions is recommended to satisfy the RTA comments regarding access and egress. The additional clause is recommended as:
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Vehicular Access All vehicular access and egress to the site shall be via White Cross Road located in a position that does not unreasonably interfere with the flow of vehicular and pedestrian movements on White Cross Road, and vehicular and pedestrian movements into and out of the Winmalee Shopping Centre, adjoining properties and the Winmalee Public School.
• Requesting the Council review parking restrictions on White Cross Road.
Any development proposed on the subject land will be required to provide on-site parking including manoeuvring, access and egress, through the development approval process.
Sydney Water Sydney Water responded with the advice that further assessment of the impact of an individual development will be undertaken when a Section 73 Certificate is sought by the proponent.
Conclusion This report informs the Council of the results of the public exhibition of the proposed LEP amendment and seeks the Council’s concurrence to proceed with the LEP amendment. The Council is requested to consider submissions made during the exhibition period for an amendment to the Blue Mountains LEP 16. Two submissions were received from adjacent land owners, neither objecting to the proposal.
At the conclusion of the exhibition period the proponent made a written submission requesting that the Council make changes to the Precinct Provisions. A detailed assessment of the request has been completed and conclusions noted in the report. Some of the amendments requested, and considered reasonable, are essentially typographical changes to the Precinct Provisions. Amendments requested but not considered reasonable, are changes to the fundamental planning principles, and could result in an overdevelopment of the site.
Should the Council resolve to proceed with Blue Mountains Local Environmental Plan 2005 – amendment 16 – rezoning of certain land at White Cross Road Winmalee for a medical centre, the proposal will be forwarded to the Department of Planning where a final assessment will be undertaken prior to the plan being legally made and forwarded to the Minister. A copy of the Planning Proposal, including Precinct Provisions amended as outlined in the report is attached to this report.
ATTACHMENTS/ENCLOSURES
1 Planning Proposal 09/196877 Attachment
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Attachment 1 - Planning Proposal
PLANNING PROPOSAL
FOR
No’s 1 & 1A White Cross Road & No. 412-414 Hawkesbury Road Winmalee
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TABLE OF CONTENTS
PART 1 OBJECTIVES OR INTENDED OUTCOMES 2 PART 2 EXPLANATION OF PROVISIONS 3 PART 3 JUSTIFICATION: 3
SECTION A - A NEED FOR THE PLANNING PROPOSAL 3 1. IS THE PLANNING PROPOSAL A RESULT OF ANY STRATEGIC STUDY OR REPORT? 3 2. IS THE PLANNING PROPOSAL THE BEST MEANS OF ACHIEVING THE OBJECTIVES OR INTENDED OUTCOMES, OR IS THERE A BETTER WAY? 3 3. IS THERE A NET COMMUNITY BENEFIT? 9 SECTION B - RELATIONSHIP TO STRATEGIC PLANNING FRAMEWORK 10 4. IS THE PLANNING PROPOSAL CONSISTENT WITH THE OBJECTIVES AND ACTIONS CONTAINED WITHIN THE APPLICABLE REGIONAL OR SUB – REGIONAL STRATEGY (INCLUDING THE SYDNEY METROPOLITAN STRATEGY AND EXHIBITED DRAFT STRATEGIES)? 10 5. IS THE PLANNING PROPOSAL CONSISTENT WITH THE LOCAL COUNCIL’S COMMUNITY STRATEGIC PLAN, OR OTHER LOCAL STRATEGIC PLAN? 10 6. IS THE PLANNING PROPOSAL CONSISTENT WITH APPLICABLE STATE ENVIRONMENTAL PLANNING POLICIES? 11 7. IS THE PLANNING PROPOSAL CONSISTENT WITH APPLICABLE MINISTERIAL DIRECTIONS (S.117 DIRECTIONS) 12 SECTION C - ENVIRONMENTAL, SOCIAL AND ECONOMIC IMPACT 14 8. IS THERE ANY LIKELIHOOD THAT CRITICAL HABITAT OR THREATENED SPECIES, POPULATIONS OR ECOLOGICAL COMMUNITIES, OR THEIR HABITATS, WILL BE ADVERSELY AFFECTED AS A RESULT OF THE PROPOSAL? 14 9. ARE THERE ANY OTHER LIKELY ENVIRONMENTAL EFFECTS A RESULT OF THE PLANNING PROPOSAL AND HOW ARE THEY PROPOSED TO BE MANAGED? 14 10. HOW HAS THE PLANNING PROPOSAL ADEQUATELY ADDRESSED ANY SOCIAL AND ECONOMIC EFFECTS? 14 SECTION D - STATE AND COMMONWEALTH INTERESTS 14 11. IS THERE ADEQUATE PUBLIC INFRASTRUCTURE FOR THE PLANNING PROPOSAL? 14 12. WHAT ARE THE VIEWS OF STATE AND COMMONWEALTH PUBLIC AUTHORITIES CONSULTED IN ACCORDANCE WITH THE GATEWAY DETERMINATION? 14 PART 4 COMMUNITY CONSULTATION 15 PART 5 ATTACHMENTS 1. ATTACHMENT 1- MAPS 16 2. ATTACHMENT 2 - PRECINCT PROVISIONS 18
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PART 1 OBJECTIVES OR INTENDED OUTCOMES
The objective of this Planning Proposal is to rezone a parcel of land from Living – General to Village – Housing with the aim of permitting a medical centre with consent.
The subject land includes the following lots: Part of Lot 3 DP 570463, No. 1A White Cross Road Winmalee Lot 3 DP 632789, No. 1 White Cross Road Winmalee Lot 4 DP 632789, No. 412-414 Hawkesbury Road Winmalee.
Locality Plan
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PART 2 EXPLANATION OF PROVISIONS
Amendment of the following map panels of the Blue Mountains Local Environmental Plan 2005: Map Panel A : Zones, Precincts and Provisions Map Panel B: Protected Areas Map Panel C: Heritage Conservation and Special Use in the form as shown in Attachment 1. Map Panel B and Map Panel C are not altered by this proposal. Amend the Blue Mountains Local Environmental Plan 2005 by the inclusion of Precinct Provisions in Part 10 - Winmalee Village of Schedule 1, as shown in Attachment 2.
PART 3 JUSTIFICATION:
Section A - A Need for the Planning Proposal 1. Is the planning proposal a result of any strategic study or report? The planning proposal results from an application to rezone the subject land to facilitate the establishment of a medical centre. In accordance with recommendations of Mayoral Minute 1 of the 3 March 2009, Blue Mountains City Councillors are aware that the current general practitioners operating in the Winmalee area have outgrown current premises and additional space for health care facilities are required to service the Winmalee and surrounding communities. This rezoning to facilitate the establishment of a medical centre in Winmalee has been supported by a resolution of the Council on ……….. 2. Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way? The land the subject of this rezoning proposal comprises 3 allotments. Lot 3 DP 570463, No 1A White Cross Road has an area of 6,172m2 and of this 22.47% (1387m2) is zoned Living – General with Accessible Housing provisions. The residue of the allotment, 77.52m2 (4785m2) is zoned Environment Protection – Private. The land zoned Environment Protection – Private is not included in this amendment proposal. This allotment contains a two storey dwelling which has been adapted and is currently used for a health care practice. There is a swimming pool and the front garden is paved and used for car parking. The developed area is relatively level with a slight fall towards the east (rear). The allotment has a 21.96m frontage to White Cross Road. Lot 3 DP 632789, No. 1 White Cross Road has an area of 911.6m2 and is zoned Living – General. The level allotment is undeveloped and used for occasional overflow car parking. The allotment has a frontage of 19.07m to White Cross Road. Lot 4 DP 632789, No. 412 - 414 Hawkesbury Road, has an area of 1384m2 and is zoned Living – General. There is an existing dwelling and separate garage. The level corner allotment has a 30m frontage to Hawkesbury Road and a 32m frontage to White Cross Road. There is a wide road verge in this section of Hawkesbury Road varying between 14m and 26m. The subject parcel of land has a total area of 3682m2. Adjoining and adjacent land to the east, fronting Hawkesbury Road, is zoned Living - General under LEP 2005 and each allotment is developed with detached dwellings. Adjoining and adjacent land to the south, fronting Hawkesbury Road is zoned Living – Bushland Conservation under LEP 2005 and each allotment is developed with detached dwellings. Adjoining land to the north, No. 3 – 5 White Cross Road, is zoned Living – General under LEP 2005 and is developed with an seniors living multi-housing development. The twelve (12) allotments of land further to the north and bounded by White Cross Road and Leslie Street is zoned Living – General under LEP 2005 and is the Winmalee Public School. - 86 –
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The land to the west of the subject land and bounded by White Cross Road and Shelton Avenue, is zoned Village - Town Centre and is developed with a retail shopping centre which includes a Coles supermarket and a tavern, community facilities operate from converted dwellings.
View north along White Cross Road from the No. 1 White Cross Road
View looking north-east showing east (rear) of No.1 and No. 1A White Cross Road
Existing Garage No. 412-414 Hawkesbury Road and rear of No. 1 White Cross Road.
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View south from No. 1 White Cross Road, towards intersection with Hawkesbury Road (traffic lights)
Winmalee Shopping Centre
The subject allotments of land are currently zoned Living – General, the table below lists development permissible with consent within this zone and development permissible with consent within the proposed zone, Village – Housing.
Living – General Zone Village – Housing Zone
Accessible housing Accessible housing
Advertising structures Advertising structures
Bed and breakfast establishments Bed and breakfast establishments
Boarding house Boarding house
Bush fire hazard reduction Bush fire hazard reduction
Child care centres Child care centres
Community buildings Community buildings
Community centres
Development ancillary to a dwelling house Development ancillary to a dwelling house
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Display gardens Display gardens
Domestic swimming pool Domestic swimming pool
Dual occupancies Dual occupancies
Dwelling houses Dwelling houses
Educational establishments Educational establishments
Exhibition homes Exhibition homes
General stores General stores
Granny flats Granny flats
Health care practices Health care practices
Holiday lets Holiday lets
Home employment
Hospitals Hospitals
Integrated housing Integrated housing
Medical centres
Multi-dwelling housing
Parking Parking
Places of assembly
Places of worship Places of worship
Public buildings Public buildings
Refreshment rooms
Remediation of contaminated land Remediation of contaminated land
Roads Roads
Special uses Special uses
Telecommunications facilities Telecommunications facilities
Visitor facilities Visitor facilities
The table below lists development permissible without consent in the current zone, Living – General and development permissible without consent in the proposed zone, Village – Housing.
Living – General Zone Village – Housing Zone
Bush regeneration Bush regeneration
Home businesses Home businesses
Home occupations Home occupations
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Land management works Land management works
Permaculture Permaculture
Public utility undertakings Public utility undertakings
Utility installations Utility installations
There are currently 2 health care practices in Winmalee, both operating from converted dwellings, one at No 382 Hawkesbury Road Winmalee and the other at 1A White Cross Road Winmalee. These health care practices service the Winmalee, Yellow Rock and Hawkesbury Heights localities. The health care practices have outgrown the premises and there is no opportunity for expansion at the current premises. The localities of Winmalee, Yellow Rock and Hawkesbury Heights have a population of 8,000 people. Currently this area is serviced by 3.3 full time equivalent general practitioners equating to 1 doctor to 2,100 people. There are medical practices in Springwood and a super clinic contract was recently awarded to a consortium which will be operating in Springwood. Springwood is the adjoining suburb to the south of Winmalee. There is limited public transport between Winmalee and Springwood. The current doctors wish to remain in the Winmalee area to serve their current patients. Blue Mountains City Council is aware of the issue of the continuation of adequate provision of medical services in Winmalee and has endorsed and is supporting the continuation and expansion of the medical services. There is no land suitably zoned and available to allow medical centres in the Winmalee area. The existing health care practices operate from converted dwellings on land zoned Living – General under Blue Mountains Local Environmental Plan 2005 (LEP 2005). Under the provisions of LEP 2005, health care practices are permissible with consent. A health care practice has the following definition. Health care practice means a room or a number of rooms forming part of, attached to, or within the cartilage of a dwelling house and used by not more than one health care professional at any one time for rendering professional treatments or health care services to members of the public, together with administrative support. For the purposes of this definition, a health care professional includes; (a) a doctor, and (b) a dentist, and (c) a podiatrist registered under the Podiatrists Act 1989 or the Podiatrists Act 2003, and (d) a chiropractor or osteopath or chiropractor and osteopath registered under the Chiropractors Act 2001 or the Osteopaths Act 2001, and (e) a physiotherapist registered under the Physiotherapists Act 2001, and (f) an optometrist registered under the Optometrists Act 2001, and (g) a complementary medicine practitioner who is a member of a professional organisation listed in Schedule 1 of the Therapeutic Goods Regulations 1990 of the Commonwealth. Any expansion of the activity would not be permissible within the Living – General zone. An appropriate definition for a larger medical facility incorporating more than one health care professional, would be a medical centre which has the following definition: Medical centre means a building or place used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment or counselling to out-patients only. The majority of the developable land within Winmalee is zoned Living – General, Living – Bushland Conservation or Residential Bushland Conservation. A medical centre is prohibited within each of these zones. A medical centre is permissible with consent in the following zones:
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Village – Town Centre Village – Neighbourhood Centre Village – Housing Employment – General Employment - Enterprise Seven (7) allotments of land at the corner of White Cross Road and Shelton Avenue are zoned Village – Town Centre. A medical centre is permissible with consent on land zoned Village – Town Centre. The whole of this land is developed with retail and community facilities.
Land uses permissible with consent on land zoned Village - Housing, in addition to those permissible under the current Living – General zoning are: Community centres Home employment Medical centres Multi-dwelling housing Places of assembly Refreshment rooms
In the event that the rezoning proceeds and the medical centre does not proceed, the subject land is also considered suitable for any of the above permissible land uses.
Locality management provisions under Schedule 1 will be required to be added. The format of the Blue Mountains LEP 2005 results in locality rather than broad zone provisions. Locality management provisions prescribe desired development outcomes. The proposed additional Locality Management Provisions under Schedule 1 are appended as Attachment 2.
With respect to the Standard Instrument LEP, equivalent zones are: Living – General equates to R2 Low Density Residential. Mandated permissible land uses within the R2 zone are: Roads Dwelling houses Group homes Permanent group homes Transitional group homes Home occupations
Village – Housing equates to R3 Medium Density Residential. Mandated permissible land uses within the R3 zone are: Roads Neighbourhood shops Child care centres Community facilities Places of public worship Attached dwellings Multi-dwelling houses Seniors housing Residential care facilities Boarding houses Group homes - 91 –
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Permanent group homes Transitional group homes The proposed rezoning is not inconsistent with mandated land use developments under the Standard Instrument.
3. Is there a net community benefit? The following table has been prepared to assess net community benefit of the proposal
Factor Current Proposed
Land values Current land values reflect the The land value is likely to rise reflecting the current zone, Living – General and higher value of the proposed Village – permissible land uses applying to Housing zone and increase in possible land this zone. uses. The increased land values are unlikely to have any significant wider effect as adjoining land properties are developed. The property to the north contains six, seniors living strata units which were approved in 2000, the land to the west is developed as a retail centre servicing Winmalee. The properties to the east and the south are developed with detached dwellings.
Land uses Part of Lot 3 DP 570465, No. 1A The expressed intention is that the land will White Cross Road contains a be developed as a medical centre. A dwelling which has been modified medical centre and associated as is used as a health care practice. infrastructure developed on the subject land is considered an appropriate Lot 3 DP 632789, No.1 White Cross development given the site characteristics Road is vacant land. and impacts upon the site, in particular Lot 4 DP 632789, No.s 412-414 adverse impacts from traffic on Hawkesbury Road contains a Hawkesbury Road. detached dwelling and separate Land uses permissible in Village – Housing, garage. and in addition to those currently The land is within an accessible permissible on land, are considered housing area and could be appropriate on this land. Additional land developed as such. Being located uses are: on Hawkesbury Road and White Community centre Cross Road, result in noise and other impacts from traffic. Home employment Medical centres Multi-dwelling housing Places of assembly Refreshment rooms
Community The current medical services in A medical centre development on the welfare Winmalee equate to 1 doctor for subject land will result in additional general 2100 people. The Federal practitioners and supporting staff, resulting Government’s benchmark is 1 GP in improved medical services in Winmalee. for 1100 patients. There is a need for additional medical services in the Winmalee, Yellow Rock and Hawkesbury Height areas. A Mayoral Minute supports the - 92 –
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retention and extension of medical facilities in Winmalee.
Employment There are currently 3.3 full time The expressed intention of this proposal is equivalent general practitioners to rezone land to permit a medical centre working in Winmalee as well as which will result in additional general support staff. practitioners and medical and clerical support staff. There will be an increase in the number of employment positions in Winmalee as a result of this proposal.
Travel Winmalee, Yellow Rock and The development of a medical centre at Hawkesbury Heights residents this location will result in less travel to visit currently obtain medical services a general practitioner for residents in the from one of the doctors working in Winmalee, Yellow Rock and Hawkesbury Winmalee or travel to Springwood, Heights suburbs. which is approximately 6kms away. A pharmacy is located within the existing A private bus company provides a adjacent Winmalee shopping centre. bus service between Winmalee and Springwood. This service runs at approximately 1 hourly intervals between 5.30 am and 8.30pm.
Section B - Relationship to strategic planning framework 4. Is the planning proposal consistent with the objectives and actions contained within the applicable regional or sub – regional strategy (including the Sydney Metropolitan Strategy and exhibited draft strategies)? The proposed rezoning is consistent with the objectives and actions of the Sydney North West Regional Strategy. The potential land uses permissible within the proposed zone are consistent with the 2031 vision statement and are not inconsistent with the key directions. The adjoining suburb of Springwood is identified as a Town Centre where services and facilities are focussed. Winmalee, a suburb of 8,000 people is not mentioned in the North West Strategy. The current medical services in Winmalee are inadequate by the Federal Government benchmark. The proposed rezoning will permit the subject land to be developed for a medical centre which will improve general practice services in the Winmalee locality. Any of the possible land uses under the proposed Village – Housing zone are not inconsistent with the regional strategy.
5. Is the planning proposal consistent with the local council’s Community Strategic Plan, or other local strategic plan? The proposal to rezone the land for the purpose of developing a medical centre is consistent with the Blue Mountains Community Plan. In particular, cl. 3.2 Healthy Vibrant Community notes Key Outcome as The access of Blue Mountains residents to needed health services improves over the next five years…… Key Action Areas for all Stakeholders – 2007 – 2012 notes Provide health and community services that address priority needs of the Blue Mountains population including improved allied health services. Advocate for and support initiatives that address medical practitioner workforce shortages. Key Action Areas for Council 2007 – 2012 Advocate for the provision of needed health services. Key Issues Extensive waiting lists for specialist medical services and allied health services.
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Lack of General Medical Practitioners servicing the Blue Mountains.
The proposed rezoning will facilitate the provision of improved health services in Winmalee. Should the expressed proposed medical centre fail to proceed at this location, the alternate and additional permissible land uses are not inconsistent with the Community Strategic Plan.
6. Is the planning proposal consistent with applicable state environmental planning policies? Note: 1 Not Relevant: This provision or planning instrument does not apply to land within the Draft Amendment to Draft LEP 2005 2 Consistent: This provision or planning instrument applies; the Draft Amendment to Draft LEP 2005 meets the relevant requirements and is in accordance with the provision or planning instrument. 3 Justifiably Inconsistent: This provision or planning instrument applies, and is considered to be locally inappropriate.
1
State Environmental Planning Policies in force 3 2
NOT RELEVANT CONSISTENT JUSTIFIABLY INCONSISTENT SEPP 1 Development Standards 3 SEPP 4 Development without Consent and Miscellaneous Complying 3 Development SEPP 6 Number of Storeys in a Building 3 SEPP 14 Coastal Wetlands 3 SEPP 15 Rural Landsharing Communities 3 SEPP 19 Bushland in Urban Areas 3 SEPP 21 Caravan Parks 3 SEPP 22 Shops and Commercial Premises 3 SEPP 26 Littoral Rainforests 3 SEPP 29 Western Sydney Recreation Area 3 SEPP 30 Intensive Agriculture 3 SEPP 32 Urban Consolidation (Redevelopment of Urban Land) 3 SEPP 33 Hazardous and Offensive Development 3 SEPP 36 Manufactured Home Estates 3 SEPP 39 Spit Island Bird Habitat 3 SEPP 41 Casino/Entertainment complex 3 SEPP 44 Koala Habitat Protection 3 SEPP 47 Moore Park Showground 3 SEPP 50 Canal Estate Development 3 SEPP 52 Farm Dams and Other Works in Land and Water Management 3 Plan Areas SEPP 53 Metropolitan Residential Development 3
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1
State Environmental Planning Policies in force 3 2
NOT RELEVANT CONSISTENT JUSTIFIABLY INCONSISTENT SEPP 55 Remediation of Land 3 SEPP 59 Central Western Sydney Economic and Employment Area 3 SEPP 60 Exempt and Complying Development 3 SEPP 62 Sustainable Aquaculture 3 SEPP 64 Advertising and Signage 3 SEPP 65 Design quality of Residential Flat Development 3 D SEPP 66 Integration of Land Use and Transport 3 SEPP 70 Affordable Housing (Revised Schemes) 3 SEPP 71 Coastal Protection 3 SEPP (Housing for Seniors or People with a Disability) 2004 3 SEPP (Building Sustainability Index: BASIX) 2004 3 SEPP (Development on Kurnell Peninsula) 2005 3 SEPP (Major Development) 2005 3 SEPP (Sydney Region Growth Centres) 2006 3 SEPP (Mining, Petroleum Production and Extractive Industries) 2007 3 SEPP (Temporary Structures) 2007 3 SEPP (Kosciuszko National Park – Alpine Resorts) 2007 3 SEPP (Infrastructure) 2007 3 SEPP (Rural Lands) 2008 3 SEPP (Exempt and Complying Development Codes) 2008 3 SEPP (Western Sydney Parklands) 2009 3 D SEPP (Application of Development Standards) 2004 3 SEPP (Western Sydney Employment Area) 2009 3 SEPP Sydney Regional Environmental Plan No. 20 Hawkesbury – 3 Nepean River (No. 2 – 1997) SEPP Drinking Water Catchments Regional Environmental Plan No 3 1 SEPP State Environmental Planning Policy (Affordable Rental 3 Housing) 2009 7. Is the planning proposal consistent with applicable Ministerial Directions (s.117 directions) Note: 1 Not Relevant: This provision or planning instrument does not apply to land within the Draft Amendment to Draft LEP 2005 2 Consistent: This provision or planning instrument applies; the Draft Amendment to Draft LEP 2005 meets the relevant requirements and is in accordance with the provision or planning instrument.
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3 Justifiably Inconsistent: This provision or planning instrument applies, and is considered to be locally inappropriate. Directions under Section 117(2)
NOT RELEVANT 1 CONSISTENT 2 JUSTIFIABLY INCONSISTENT 3 1. EMPLOYMENT AND RESOURCES 1.1 Business and Industrial Zones 3 1.2 Rural Zones 3 1.3 Mining, Petroleum Production and Extractive Industries 3 1.4 Oyster Aquaculture 3 1.5 Rural Lands 3 2. ENVIRONMENT AND HERITAGE 2.1 Environmental Protection Zones 3 2.2 Coastal Protection 3 2.3 Heritage Conservation 3 2.4 Recreation Vehicle Areas 3 3. HOUSING, INFRASTRUCTURE AND URBAN DEVELOPMENT 3.1 Residential Zones 3 3.2 Caravan Parks and Manufactured Home Estates 3 3.3 Home Occupations 3 3.4 Integrating Land Use and Transport 3 3.5 Development Near Licensed Aerodromes 3 4. HAZARD AND RISK 4.1 Acid Sulfate Soils 3 4.2 Mine Subsidence and Unstable Land 3 4.3 Flood Prone Land 3 4.4 Planning for Bushfire Protection 3 5. REGIONAL PLANNING 5.1 Implementation of Regional Strategies 3 5.2 Sydney Drinking Water Catchments 3 5.3 Farmland of State and Regional Significance on the NSW Far 3 North Coast 5.4 Commercial and Retail Development along the Pacific Highway, 3 North Coast 5.5 Development in the vicinity of Ellalong, Paxton and Millfield 3 (Cessnock LGA) 5.6 Sydney to Canberra Corridor (Revoked 10 July 2008. See 3 amended Direction 5.1) 5.7 Central Coast (Revoked 10 July 2008. See amended Direction 3 5.1) 5.8 Second Sydney Airport: Badgerys Creek 3 6. LOCAL PLAN MAKING 6.1 Approval and Referral Requirements 3 6.2 Reserving Land for Public Purposes 3 6.3 Site Specific Provisions 3 7. METROPOLITAN PLANNING 7.1 Implementation of the Metropolitan Strategy 3
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Section C - Environmental, Social and Economic Impact 8. Is there any likelihood that critical habitat or threatened species, populations or ecological communities, or their habitats, will be adversely affected as a result of the proposal? The subject land is currently zoned Living - General and is developed with dwellings. This land is located within a residential precinct and adjacent to existing retail and community facilities and a primary school. The subject land is bounded to the south by Hawkesbury Road and to the west by White Cross Road.
Lot 3 DP 570463, No. 1A White Cross Road has a total area of 6,172m2 and of this 77.52% (4,785m2) is zoned Environmental Protection – Private. This portion of lot 3 DP 570463 is not included in this proposal. The proposed precinct provisions and other provisions within the LEP will ensure there is no impact on this land from future development on the land the subject of this planning proposal.
9. Are there any other likely environmental effects a result of the planning proposal and how are they proposed to be managed? The subject land is mapped as Bush Fire prone and any future development will be subject to relevant provisions. There is no watercourse on the subject land and the water catchment will not be impacted upon by the proposal as sewer is available to the site.
10. How has the planning proposal adequately addressed any social and economic effects? It is the expressed intention of the proponent to develop the site for a medical centre. The medical centre will provide general practice medical services for the local community. The medical centre will employ up to 8 general practitioners, 2 training registrars, nursing staff, support staff and cleaners. There will be a net increase in the number of people employed at this site following this development. Developments permissible within land zoned Village – Housing and not currently permissible include: Community centres Home employment Medical centres Multi-dwelling housing Places of assembly Refreshment rooms There will not be any detrimental social or economic impact from any of the above land uses.
There are no known items or places of European or aboriginal cultural heritage in the subject land.
Section D - State and Commonwealth Interests 11. Is there adequate public infrastructure for the planning proposal? Water, sewer, electricity and telecommunication are available to the subject land and are adequate to service a medical centre or other development permissible within the proposed zone.
12. What are the views of State and Commonwealth public authorities consulted in accordance with the gateway determination? Roads and Traffic Authority The Roads and Traffic Authority (RTA) made the following comments: • Requesting that the Council ensure that child care centres are prohibited from all properties with a direct frontage to Hawkesbury Road. - 97 –
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Child care centres are permissible within the following Blue Mountains LEP 2005 zones: - Village – Town Centre; - Village – Neighbourhood Centre; - Village – Tourist; - Village – Housing; - Living – Genera; - Living – Conservation; - Employment – General; - Employment – Enterprise; - Recreation – Private; and - Recreation – Open Space.
The subject land is currently zoned Living – General and child care centres are permissible at the site under the current zone. The permissibility of child care centres based on the zone will remain permissible with this proposal.
• Advising the Council that access will not be permitted onto Hawkesbury Road resulting from any future change of use or development intensification at No. 412-414 Hawkesbury Road and access must be via White Cross Road; and • Advising the Council that access points via White Cross Road should not be in conflict with access to Winmalee Shopping Centre.
An additional clause in the Precinct Provisions is recommended to satisfy the RTA comments regarding access and egress. The additional clause is recommended as:
Vehicular Access All vehicular access and egress to the site shall be via White Cross Road located in a position that does not unreasonably interfere with the flow of vehicular and pedestrian movements on White Cross Road, and vehicular and pedestrian movements into and out of the Winmalee Shopping Centre, adjoining properties and the Winmalee Public School.
• Requesting the Council review parking restrictions on White Cross Road.
Any development proposed on the subject land will be required to provide on-site parking including manoeuvring, access and egress, through the development approval process.
Sydney Water Sydney Water responded with the advice that further assessment of the impact of an individual development will be undertaken when a Section 73 Certificate is sought by the proponent.
PART 4 COMMUNITY CONSULTATION
The LEP amendment was publicly exhibited in accordance with s57 of the EP&A Act and cl.1 of the Gateway Determination. The exhibition period was from 10 March 2010 to 9 April 2010. The Council received 2 submissions to the proposal.
The issues noted in the submissions were: 1. Retention of vegetation; 2. Delivery trucks parking on the road reserve; 3. Lack of clarity and certainty; 4. Disadvantage and inequity; and 5. Insufficient information. These issues were considered by the Council and …………..
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ATTACHMENT 1
PLANNING PROPOSAL
FOR
No’s 1 & 1A White Cross Road & No. 412-414 Hawkesbury Road Winmalee
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ATTACHMENT 2
PLANNING PROPOSAL
FOR
No’s 1 & 1A White Cross Road & No. 412-414 Hawkesbury Road Winmalee
Part 10 Winmalee Village Division 2 Winmalee Precinct VH-WL01 – White Cross Road Precinct - 101 –
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1 Consideration of precinct (1) This Division applies to land shown edged heavy black on the locality plan below named “Winmalee Precinct VH-WL01–Village Housing Precinct” and shown by distinctive edging and annotated “VH-WL01” on Map Panel A.
Winmalee Precinct VH-WL01 – Village Housing Precinct
(2) Consent shall not be granted to development within the Winmalee Precinct VH-WL01 unless the development proposed to be carried out: (a) complies, to the satisfaction of the consent authority, with the precinct objectives in achieving the precinct vision statement within this Division, and (b) complies with the building envelope within this Division, and (c) is consistent, to the satisfaction of the consent authority, with the design considerations within this Division.
2 Desired future character (1) Precinct vision statement The precinct reinforces a compact town centre, accommodating a range of residential, medical and other professional services that complement the adjacent district level retail and community facilities.
Buildings in this precinct are designed to establish an attractive and distinctive gateway to the neighbouring town centre, as well as expanding the range of residential, medical and professional services that are available in the Winmalee Village.
New building works are well articulated and reflect the pattern and scale of the surrounding residential areas, together with surrounding gardens. In order to provide a visually distinctive backdrop to the town centre, redevelopment is to incorporate visually significant elements of established garden settings, particularly tall eucalypts and other canopy trees.
Buildings and associated infrastructure in this precinct are planned and constructed to protect the neighbouring Environment Protection – Private land from environmental effects.
The development of the precinct is to incorporate the low densities and bushland character elements that have characterised the traditional development of Winmalee village. The visual impact of built components is minimised through design elements and native vegetation
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screening from surrounding roadways. Significant trees are retained and enhanced with new plantings, particularly within and surrounding car parking areas.
(2) Precinct objectives (a) To maximise the diversity of medical and other professional services provided primarily to local communities. (b) To accommodate permanent residents in dwellings that: (i) promote housing choice, and (ii) incorporate high levels of residential amenity, and (iii) encourage passive surveillance of streets and other public places. (c) To encourage modest increases in floorspace that: (i) incorporate building designs that are consistent or compatible with the scale and architectural character of modern buildings in the centre, and (ii) protect the visual amenity and privacy of neighbouring residential properties. (d) To incorporate car parking areas that are safe and attractively landscaped. (e) To ensure that the scale and character of future buildings is compatible with the adjoining residential neighbourhood.
3 Building envelope (1) Building height (a) Buildings are not to exceed a maximum building height of 8 metres or a maximum height at eaves of 6.5 metres. (b) The height above ground level for the lowest habitable floor level shall not exceed 1.5 metres. (c) Cut or fill within 5 metres of any property boundary shall not exceed 0.5 metres. (2) Building setback (a) The minimum setback to Hawkesbury Road is 8 metres. (b) The minimum setback to White Cross Road is 6 metres. (c) All setback areas are to be landscaped. (3) Site Coverage (a) The maximum site cover for buildings is 55 per cent of the total site area. (b) the minimum area to be retained as soft, pervious or landscaped area (excluding hard surfaces) is 35 per cent of the total site area.
4 Design Considerations (1) Landscaping, built form and finishes (a) Gardens and buildings minimise impacts on the surrounding bushland and provide for additional plantings that are compatible with the ecology of adjoining bushland plant communities as well as minimise bush fire hazard. (b) Buildings incorporate design features that promote effective integration with the bushland setting. In particular: (i) buildings should be surrounded by landscaped areas, and (ii) residential buildings should not exceed 15 metres in width or depth, and (iii) floorplans should be articulated, and (iv) roofs should be gently-pitched with shady eaves or verandahs, and (v) external walls are to display earthy tones. (c) Any non-residential activities should be accommodated in buildings with a residential character. (d) Driveways, parking areas and garages: (i) should not dominate any street frontage, and (ii) should be integrated with the design of surrounding landscaped areas. (2) Amenity and safety (a) Passive surveillance is to be promoted throughout public places by appropriate orientation of verandahs, balconies, entrance doors and the windows to living rooms or business premises. (b) Reasonable solar access is to be provided to all living rooms and private open spaces. (3) Vehicular Access (a) All vehicular access and egress to the site shall be via White Cross Road located in a position that does not unreasonably interfere with the flow of vehicular and pedestrian movements on White Cross Road, and vehicular and pedestrian movements into and out of the Winmalee Shopping Centre, adjoining properties and the Winmalee Public School.
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ITEM NO: 17
SUBJECT: JOINT REGIONAL PLANNING PANELS - REVIEW AND CHANGES
FILE NO: F05787 – F00534 - 10/73222
Management Plan Link Principal Activity: Using Land for Living Service: Land Use Management Project: This report does not relate to a Management Plan project
Recommendation:
That the Council consider the request by the Minister for Planning, the Hon Tony Kelly, seeking written commitment from the Council to confer the delegations to the appropriate level of Council officer to enable determination by the Council of the classes of development application set out in the request, and adopt one of the two options:
a) That the request by the Minister be declined; or
b) That the Minister be advised that the Council agrees to delegate the determination of the regionally significant applications in the three circumstances set out in the letter at Attachment 1, but that the identification of areas and precincts to which such delegation may apply will require further consideration. The delegation will be made to the General Manager. Any sub-delegation will only be made to appropriately qualified staff at the level of Group Manager.
Report by Acting Group Manager, Environmental & Customer Services:
Reason for report The Minister for Planning, the Hon Tony Kelly has requested that the Council consider a proposed change to procedures governing the operation of the Joint Regional Planning Panels (JRPPs), which would see the determination of certain applications delegated by the Chair of the JRPP to the Council, on the condition that the Council delegates the authority to determine those applications to appropriate senior staff and not by the full Council or a Council committee.
A copy of the request from the Minister is at Attachment 1. The letter is dated 18 May 2010 and the Council is requested to respond within 21 days of the date of the letter.
Background The Council has previously considered reports on the changes to the NSW statutory planning framework that provided for the determination of certain classes of development application by Joint Regional Planning Panels. This Council has determined that it would not accept the invitation to nominate two local representatives to the Sydney West Joint Regional Planning Panel.
The Department of Planning has conducted an ‘Interim Review of Operation’ (April 2010) of the Joint Regional Planning Panels. As part of that work, several amendments are proposed to the operation of the JRPPs. Some of the amendments that are being implemented address matters such as the detailed communication between council officers assessing
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development applications and the Secretariat for the panels, particularly as regards delays to the assessment, but also to enable Council’s to determine s96(1A) applications for modifications to consents that involve minor impact, for those applications that were originally determined by the JRPP.
Discussion The request from the Minister for Planning, the Hon Tony Kelly would see “…a range of applications currently dealt with by the Regional Panels, determined by council officers under delegation.”
The three circumstances wherein the Regional Panel Chairs could delegate authority provided that the Council has agreed that the applications will be determined by appropriate senior staff are: • Straight forward applications where there are no objections and the assessment report recommends approval; • Designated development with a capital value of $5M or less, regardless of whether there are objections but provided that the assessment report recommends approval; and • Applications located in areas and precincts where detailed planning has occurred regardless of whether objections have been received, provided that the development is strictly in accord with identified key planning controls and where the assessment report recommends approval.
In the case of applications falling into this latter category the Department of Planning has requested that Councils provide details of the areas where such precinct planning controls exist. That information has also been requested within 21 days of the date of the letter. Blue Mountains LEP 2005 contains detailed area specific precinct controls in Schedule 1. Those areas may be suitable for defining applications in this category but time has not permitted detailed consideration of this aspect of the request.
In all instances, the delegation to the Council will not occur where the Panel Chair advises the Council in advance that the delegation will not apply to a particular application.
This Council has had three development applications lodged with the JRPP one of which has been determined. • Hydro Majestic Hotel Redevelopment- still under consideration; • Supermarket and shops Leura- approved subject to conditions; and • St Columbas’ School redevelopment and additions – still under consideration.
It is unlikely that any of these applications would have qualified for the delegation to the officers of Council under the criteria as currently proposed.
This Council has voiced major objections and concerns regarding the removal of the assessment and determination functions for regionally significant development applications from the elected Council. The delegation of such applications for determination by staff may be equally problematic from a Council perspective. In any case, given the relatively low number of development applications involved and the challenges involved in Councillors and staff having to manage community expectations of the role of Councillors under such an arrangement, it is considered that the proposal may be of little benefit to the Blue Mountains community. Option 1 of the Recommendation reflects this position.
In the event that the Council does wish to contemplate the approach as set out by the Minister, delegations would need to be provided to the appropriate staff. The delegation would be made to the General Manager who would then sub-delegate to the appropriately
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qualified staff, which it is recommended, should not be below the level of Group Manager. Option 2 of the Recommendation reflects that position.
Sustainability Assessment Effects Positive Negative Environmental NA Social NA Community concerns with lack of involvement in decision making unlikely to be altered Economic State Government would argue that the proposal promotes efficient processing Governance Council and community concerns may remain regarding lack of elected Councillor involvement in the decisions
Financial implications for the Council The return of the determination of certain development applications to staff under delegations. Nil
Legal and risk management issues for the Council Nil
External consultation Nil
Conclusion This is clearly a matter for the elected body and as such the request from the Minister is put to the Council for consideration of the two options discussed in the body of the report.
ATTACHMENTS/ENCLOSURES
1 JRPP Attachment 1 - NSW Minister for Planning 10/73453 Attachment correspondence
* * * * * * * * * *
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Attachment 1 - JRPP Attachment 1 - NSW Minister for Planning correspondence
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ITEM NO: 18
SUBJECT: SECTION 96(2) MODIFICATION APPLICATION XM/786/2007/A - BLUE MOUNTAINS CULTURAL CENTRE, LIBRARY, COLES SUPERMARKET, SPECIALTY RETAIL SHOPS WITH TWO BASEMENT PARKING LEVELS, PARKE STREET, KATOOMBA
FILE NO: F05787 - XM/786/2007/A -10/73964
Management Plan Link Principal Activity: Using Land for Living Service: Land Use Management Project: This report does not relate to a Management Plan project
Recommendation:
That the application to modify Development Consent No. X/786/2007 for the Blue Mountains Cultural Centre, Library, Coles supermarket, specialty retail shops with two basement parking levels on Lot 1 DP 123748, Lot 1 DP 566097, Lot 2 DP 547229, RD R22071, RD R23403, DP 547229, DP 541495, L 1 DP 344870, RD R22071, RD R23403, DP 547229, DP 541495, Former college of TAFE, 30-32 Parke Street, Former Motor Registry, 34 Parke Street, Parking Reserve, 33-35 College Lane, Road Reserve, College Lane and Public road (East/West section), College Lane, Katoomba be determined pursuant to S.96(2) of the Environmental Planning and Assessment Act 1979 by: a) Modifying the consent in accordance with the s.96 modification application XM/786/2007/A submitted by Root Projects Australia (except that part of the application relating to advertising signage specified in item b), subject to conditions shown in Attachment 1 to this report; and
b) Amending in red the approved plan “Signage and Public Art Plan – DA 019 issue D dated 9 December 2009” to delete the additional ‘Coles’ advertising signage on the southern elevation of the building as depicted on that plan for the reasons that: i) The signage is not compatible with the cultural facility, does not respect the cultural significance of the building and would compromise the building’s contribution to the streetscape; ii) The location of the signage on the building is not associated with entrances to the relevant retail premises or otherwise architecturally integrated with the related retail use, with the result that the “Coles” signage has the effect of inappropriately identifying or branding the entire building with the retail use, including the ‘signature facades’ of the regional cultural facility; iii) The proposed signage promotes visual clutter and, along with related signage on the College Lane elevation, exceeds the total area of signage contemplated by the “Advertising signage” controls of Katoomba Precinct VTC-KA06 – Cultural Precinct for signage visible from College Lane for the major tenant and associated retail tenants; and iv) The introduction of business identification signage on the southern elevation differs in material respects from the signage approved as part of the original development consent, which confined such signage to the Parke Street and College Lane elevations.
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Disclosure Disclosure of any political donation and/or gift - No
Report by Acting Group Manager, Environmental & Customer Services:
Reason for report On 18 May 2010 the Council resolved that the determination of this application for modification of development consent No. X/786/2007 be deferred until the 8 June 2010 pending a further briefing of Councillors by Council Officers on the applicant’s issues related to this development. (Minute No. 206)
Applicant Root Projects Australia
Owner Ministerial Corporation For Industry and BMCC
Application lodged 24 December 2009
Property address Former college of TAFE, 30-32 Parke Street, Former Motor Registry, 34 Parke Street, Parking Reserve, 33-35 College Lane, Road Reserve, College Lane and Public road (East/West section), College Lane, Katoomba
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Action to address the The report to the Council on 18 May 2010 recommended that Resolution of the the S96(2) application should be approved, other than in Council 18 May 2010 relation to the new ‘Coles’ advertising sign on the Southern elevation of the building. The report recommended that the additional advertising sign should be refused for the reasons that: i) The signage is not compatible with the cultural facility, does not respect the cultural significance of the building and would compromise the building’s contribution to the streetscape; ii) The location of the signage on the building is not associated with entrances to the relevant retail premises or otherwise architecturally integrated with the related retail use, with the result that the “Coles” signage has the effect of inappropriately identifying or branding the entire building with the retail use, including the ‘signature facades’ of the regional cultural facility; iii) The proposed signage promotes visual clutter and, along with related signage on the College Lane elevation, exceeds the total area of signage contemplated by the “Advertising signage” controls of Katoomba Precinct VTC-KA06 – Cultural Precinct for signage visible from College Lane for the major tenant and associated retail tenants; and iv) The introduction of business identification signage on the southern elevation differs in material respects from the signage approved as part of the original development consent, which confined such signage to the Parke Street and College Lane elevations. The applicant has subsequently submitted documentation in support of their argument that the additional ‘Coles’ advertising sign, should be granted consent as part of the S96(2) application and arrangements were made to brief the Councillors on the applicant’s issues related to the development.
A copy of the applicant’s written submission is at Attachment 4.
The applicant’s covering letter is supported by a statement from the applicant’s town planners and several of the key images, namely schematic montage views of the development site and precinct photos for comparative view purposes. (The full set of the images submitted by the applicant were available for perusal by the Councillors at the scheduled briefing.)
The entirety of the report presented to the Council on 18 May 2010 is repeated in this report (subject to minor editorial corrections/clarification), with the additional information presented in response to the 18 May 2010 resolution of the Council, simply being inserted into this front section of the report and relevantly labelled.
Applicant’s The applicants submit that there is no objection to any of
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submission dated 24 recommendations other than item b), which recommends that May 2010 the additional ‘Coles’ advertising sign on the southern elevation be refused.
The applicant submits that the reasons for refusal are unreasonable and exaggerated. The following arguments are put by the applicant in support of their argument that the subject advertising sign should be approved: • There is no legal impediment to approval of the sign; • That the approved signage complied with development standards for signage; • The total area of the ‘Coles’ signs proposed on the site is reduced by 7.7sqm. Each of the approved signs, one to the Park Street entry to the retail level and one to the College Lane retail entry, is reduced from 10.48sqm to 9.1sqm; • The sign is the only visible cue on the southern elevation and the important circulation and parking areas of Pioneer Place as to the location of the Coles supermarket within the building. The sign is needed for shoppers approaching the site from the south for way- finding to direct access via College Lane; • Photomontages demonstrate that the proposed sign is understated, below podium level, and is recessed slightly so that it is only visible to the south and south- east in near proximity to the site; • The sign is only a small sign, being 2.8% of area of the southern elevation; • Not visible from south west- directed only to near views to the south and south east; • The sign is directed south along the lower part of College Lane and should be regarded as part of the signage allowed under the LEP; and • The sign does not affect the cultural significance of the building.
The applicant submits that the schematic montages provided as part of the submission and the photographs included for the purpose of comparison demonstrate the applicant’s case and in particular show that vegetation within Pioneer Place, will screen the sign from more southerly sections of Pioneer Place.
Consideration of the The assessment comments contained in the original report applicant’s further under item ‘3. Discussion of Issues’ ‘Advertising Signage’ submission remains relevant. Only a brief additional commentary is required here to address any new emphasis in the applicant’s further submission.
It is agreed that there is no legal impediment to grant of consent to the advertising sign and the reasons for refusal do not state that there is a legal impediment.
One fundamental element of the applicant’s case is essentially that numerically, the additional advertising sign is insignificant
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and even represents an improvement over the approved signage. Notwithstanding the applicant’s assertion to the contrary, it is the case that the extent of signage visible from College Lane for the “major tenant and associated retail tenants” exceeds the total maximum area of 20m2 set by the applicable development standards, as identified in this report.
The numerical standards provide guidance in relation to expected outcomes sought by the LEP precinct controls. Critically, the consent authority must be satisfied that the design and size of advertising signage shall be compatible with the cultural facility, respect the cultural significance of the building and be architecturally integrated.
The arguments advanced by the applicant do not address this core concern, other than to simply state that the understated nature of the signage does not affect the cultural significance of the building.
That position is not agreed. The ‘Coles’ sign is a highly recognisable brand, it is the only sign on the visually prominent and important southern façade and viewing platform and it has the effect of branding the entire building as a retail building.
It is the case that the sign in the proposed location is somewhat recessed and that in combination with the domination of the foreground by the building previously occupied by Civic Video, the views of the sign from the south and south west are obscured. Similarly for more distant views from the southerly portion of Pioneer Place vegetation currently obscures a view of the relevant section of the Cultural Centre building. The signage will have limited effectiveness for both pedestrians and people in vehicles.
Notwithstanding, insofar as it is viewed from the south, it serves to badge that important cultural centre façade as a retail building.
The s.96 represents a new signage strategy that contrasts with that approved in the original application. The applicant’s architectural design statement suggested that: The proposed signage is rationally located adjacent to the two retail entry locations, is positioned beneath the podium level and is of sizes and comparative scales that will be compatible with the cultural facility and respectful of the cultural significance of the building.
Similarly, the applicant’s original planning report suggested that the signage was “integrated into the design of the building as it is located directly above the retail entry points”. The signage on the southern elevation does not suggest a rational relationship to the building, nor an integrated approach as required by the LEP.
It is the case that the way finding relies upon advertising signs
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on the Parke Street façade and the College Lane elevation but this constraint is something that has been evident from the outset of this project, and a compromise necessary in order that the significance of the Cultural Centre is not undermined. This was considered by the Council in adopting the signage approach of the LEP in 2005: There is a guiding principle that the cultural facility is to be developed as a distinct entity. Although this public facility is proposed to occupy the same site as the commercial/retail component, it is to remain functionally and perceptually separate. The approach to advertising, like the development itself, is to be the product of an integrated approach. But it is to maintain the distinction between the cultural/civic aspects of the development and the retail component.
In conclusion, it is not considered that the applicant’s additional information provides justification to amend the original recommendation that the additional sign on the southern façade should be refused. The wording of item b) of the recommendation has been amended slightly in form but not in substance as the result of further legal advice regarding a more appropriate form for a determination under S96 EP&A Act 1979.
The report from this point on is the same report as presented to the 18 May 2010 Council Meeting, except for minor editorial changes/clarification.
Site description The subject land is located at 30-32, 34 Parke Street, 33-35 College Lane and the Road Reserve of College Lane in Katoomba. The site comprises three allotments having a total area of 7,011.3sqm and the Road Reserve of part of the northern (east-west) portion of College Lane.
The site is bounded by Parke Street to the west (98.78m), College Lane to the north (63.26m), a north-eastern splay corner to College Lane (12.44m), College Lane to the east (88.085m) and a one/two storey retail/commercial building to the south (70.235m).
A temporary at-grade car park occupied the northern portion of the site which was formerly the site of the TAFE. However, the car park was recently removed due to commencement of construction works on the site. A 13 space public car parking area exists at the south-eastern part of the site and is accessed from College Lane. A single storey brick building with a metal roof, formerly occupied by the Roads and Traffic Authority of NSW, is located in the south-western corner of the site.
The site falls from the north to the south approximately 12 metres, although the steep topography of the natural ground level has been modified by previous development.
The site was the location for the first private residence in Katoomba, known as (the former) Froma House, and is consequently identified as a local item of archaeological heritage in Schedule 6 of the Blue Mountains Local
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Environmental Plan 2005.
The State listed heritage item, The Carrington Hotel, is located to the north of the site. Froma House, a local heritage item, is located to the east of the site.
To the east are the backs of a number of commercial, retail and community properties, including some driveways, which front Katoomba Street (a heritage conservation area). Katoomba Street is the main street of the Katoomba township and is occupied by traditional, fine-grain, specialty retail shops which service both tourists and residents. Pedestrian access to Katoomba Street is available via Froma Lane and the existing Civic Centre (which is currently undergoing redevelopment). A third pedestrian connection is also proposed from the north- eastern corner of the subject site, via the front of the Carrington Hotel (subject to satisfactory lease arrangements and pending an upgrade).
As stated above, to the south is a one/two storey retail/commercial building, currently occupied by a Retravision store, a Civic Video store and a hairdressing salon which front a large, at grade car park. Further to south are two existing supermarkets and a Kmart store.
The western side of Parke Street is characterised by low-scale residential development, many of which sites have been converted to accommodate commercial home occupations.
The site defines part of the western edge of the existing Katoomba town centre.
Background The original development application for the Blue Mountains Cultural Centre (ref. X/786/2007) was approved on the 29 July 2008. The proposal as approved is for the construction of a Cultural Centre and Library above a podium, a Cole’s supermarket and associated specialty retail shops below the podium. Two levels of basement parking are proposed. Details of the approved proposal are provided below.
Above podium development (Cultural Centre and Library) The above-podium development comprises the Blue Mountains Cultural Centre and Library, which consisted at that time of: • 783sqm library (611sqm at podium level and 172sqm at mezzanine level) and associated office space (approx. 90sqm); • 800sqm gallery and associated storerooms and workshops (292sqm) and administration/office areas (approx. 95sqm); • 860sqm external courtyard (the main courtyard) and a 527sqm raised viewing platform with views to the Megalong and Jamieson Valleys; • 237sqm courtyard in the northern portion of the site (the northern courtyard); • 251sqm interpretive centre; - 116 - USING LAND FOR LIVING Item 18, Ordinary Meeting, 08.06.10
• 83sqm theatrette; • Shop (associated to the Cultural Centre) and reception area; • Café with internal and external seating to the northern courtyard; and, • Loading bay off Parke Street is proposed to service the café and gallery.
The above-podium area has three direct pedestrian connection points: 1. A ramp down into the site from Parke Street, at the north- western corner of the site; 2. The north-eastern corner of the site, from College Lane, via 3 stairs; and, 3. From College Lane, at the intersection with Froma Lane (which provides pedestrian access to Katoomba Street), via a flight of 12 stairs.
Access from the two levels of basement parking is available via a lift and set of stairs at the eastern boundary of the site.
Below podium development (Supermarket and specialty retail and associated parking and loading) The below podium development consists of: • 3181.93sqm Coles supermarket; • Specialty retail shops (approximately 17) and approximately 3 retail kiosks (total area 1,876.89sqm); • Retail loading dock with access from Parke Street; and • Two levels of basement parking providing 359 parking spaces, including 4 motorcycle spaces.
Development consent was approved for the use of the Coles supermarket and associated signage (above the retail level entrances on Parke Street and College Lane).
The supermarket and specialty retail shops are proposed to operate from 6am to 12 midnight, seven days per week. The supermarket loading dock is proposed to be operable from 6am to 10pm, seven days per week. Waste collection and management is proposed to operate between 9am and 5pm seven days per week.
Pedestrian access to the retail level is from two points: 1. Via a ramp (or 6 to 10 stairs) from Parke Street; and 2. Via a ramp (or 2 stairs) from College Lane (eastern portion), connecting into a link through the redeveloped Civic Centre site into Katoomba Street.
Pedestrian access between the retail level and basement car parking levels is available via a travelator and the same lift and set of stairs which provides access to and from the Cultural Centre and Library at the eastern boundary of the site.
On 15 February 2010, a s.96 (1A) application (ref.
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XM/786/2007/B) was approved by Council. The proposal as approved was required to enable the modification of a number of consent conditions to allow the staging (or phasing) of works to occur onsite and the submission of various management plans which correspond with the two main phases of the site and building works.
Phase 1 of the site works relates to the preparatory works such as demolition of existing buildings and structures, erection of fencing and hoarding, archaeological investigations, shallow topsoil excavation and site remediation.
Phase 2 of the site works relates predominantly to the building works including bulk excavation, construction of the retail centre and the main cultural centre building, civil works in College Lane and Parke Street. Several conditions were amended and several additional conditions were added, these amendments and additions can be seen in Attachment 1 of this report and are shown dated 15 February 2010.
Proposal The current s.96 (2) application lodged on the 24 December 2009, involves the following primary elements: • Modification to the configuration of internal floor space for retail premises (below podium level) together with an increase in car parking spaces and an extension of parking at basement levels 1 and 2 under College Lane; • Modification to elevations including additional advertising signage and an extra electric substation; and • Modification to conditions.
The changes are summarised below from basement level number 2 through to the roof level. Many of the modifications are minor, those changes which are more significant, are discussed in further detail in subsequent sections of this report.
Car Park Level 2 – Drawing DA-001 issue E dated 27/11/2009: • Car parking capacity increased to 214 parking spaces, an increase of 22 parking spaces; • Car park footprint increased to extend north under College Lane in alignment with retail above for parking increase; • Car park footprint increased to extend to the southern boundary; • Car park ramp connecting basement levels 1 and 2 relocated to the northern end of the car park; • Fire stairs 04 and 05 and the Civic Centre pedestrian access have been amended to suit modified College Lane levels; and • Pedestrian ramp deleted and replaced with travelator including air lock.
Car Park Level 1 – Drawing DA-002 issue E dated 27/11/2009:
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• Car parking capacity increased by 20 spaces from 163 spaces to 183 including the provision of 8 accessible parking spaces and 2 emergency vehicle spaces repositioned near the lift location; • Car park footprint increased to extend north under College Lane in alignment with retail above; • Car park footprint increased to extend to the southern boundary; • Car park ramp connecting basement levels 1 and 2 relocated to the northern end of the car park; • Car park entry driveway relocated; • Mechanical Plant room floor area increased; • Northern mechanical plenum amended; • Increased hoist size to lift no.4; • Pedestrian ramp to basement level 2 deleted – travelator from Basement level 2 added with new airlock; and • Taxi bays added adjacent to travelator lobby.
Retail Level Plan –DA A003 issue C dated 27/11/2009: • The supermarket footprint will increase by 1300m2 to have a total gross floor area (gfa) of 4463m2; • Speciality retail tenancies will be reduced in number from 17 (plus 3 kiosks) to 8 (plus 2 kiosks). Overall the speciality retail floor space will reduce from 1,875m2 gfa to 927m2 gfa; • Arcade Level (RL) amended to 1020.000; • Parke Street entry amended to suit relocated car park access driveway; • Civil works to Parke Street including the provision of traffic calming measures and kerb a mountable emergency vehicle parking bay; • College Lane entry amended to suit new road levels; • Amenities relocated; and • Trolley hoist and speciality hoist are combined and relocated to new lift no. 4.
Loading Dock Plan DA-004 issue D dated 9/12/2009: • The western entry (Parke Street entry) to the retail centre has been repositioned to the south and the entry has been reconfigured to accommodate a more accessible path of travel; • Southern extent of loading dock (Speciality Loading) shifted South in line with changes to Parke Street retail entry; and • Lift 4 – Specialty loading goods lift has been provided.
Podium Level Plan - DA_A005 issue E dated 30/11/2009: • Electrical sub-stations – Two sub-stations are required to be provided for this development and these have been located adjacent to the NE corner of the podium; • The landscaped area in the vicinity of the sub-stations has been reconfigured; • Additional egress and break out doors via the
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interpretation centre and via doors at top of stairs External Circulation East; • Revision to the internal plan of the Foyer, Café, library offices area, Administration Area; • Relocate internal column within the Interpretation Centre; • Adjustment to the wall lines and door positions within the services area and Gallery BOH area; • Adjustment to internal Stair 2; and • Deletion of two security gates.
Mezzanine Level Plan - DA_A006 issue C dated 30/11/2009: • Increased size of mezzanine plant room 3 to become Plant Room 3a and Plant Room 3b; • New FHR cupboard to the Library mezzanine area; • Relocation of emergency smoke exhaust vents; • Reconfiguration of the vaulted spaces within the administration area; • Reduction in floor area along northern elevation; and • Increase in the area of the library mezzanine from 172m2 to 174.5m2 (2.5m2).
Roof Level Plan - DA_A007 Issue C dated 30/11/2009 • Additional intake vents and mechanical roof vents provided; • Exhaust vents added; • Reposition smoke vents; • Provide lift overrun to library lift; • Variations to roof in the vicinity of the plant roof north; and • Solar panels added.
West and East Elevations - DA_A008 Issue E dated 30/11/2009 West Elevation • Substation kiosks lowered; • Emergency egress doors reconfigured; • Retail entry adjusted to include revision to Accessible ramp and the relocation of the Fire Control Centre; • Adjustment to the car park entry portal and retail glazing above; • Adjustments to the location of mechanical louvre panel;. • New solar panels shown; and • The extent of car park entry signage and capacity shown dashed.
East Elevation Adjustments to the extent of mechanical louvers • Additional handrails to external stairs and additional egress doors shown; • Additional mechanical roof vents and lift over run to library shown; and • Revision to retail entrance and windows adjacent to internal stair 2.
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North and South Elevations -DA_A009 Issue B dated 30/11/2009: North Elevation • Additional mechanical roof vents shown; • Relocation of smoke exhaust vents shown ; and • New timber screen with lowered substation kiosks shown. South Elevation • Additional mechanical roof vents and library lift over run shown; and • The extent of car park entry signage and capacity shown dashed.
Sections A,B,C Sheet 1- DA A010 Issue C dated 27/11/2009: Amended to suit modifications identified above.
Sections D,E,F Sheet 2 - DA A011 Issue D dated 27/11/2009: Amended to suit modifications identified above.
Sections 1,2,3 –DA A012 Issue C dated 30/11/2009: Amended to suit modifications identified above including: • Additional mechanical roof vents, library lift over run and relocated emergency smoke exhaust vents shown; and • New solar panels shown.
Sections 4,5 – DA A013 Issue B dated 30/11/2009: Amended to suit modifications identified above including: • Additional mechanical roof vents, library lift over run and relocated emergency smoke exhaust vents shown; and • New solar panels shown.
Sections 6,7,8 – DA A014 Issue B dated 30/11/2009: Amended to suit modifications identified above including: • Reconfigured vaulted spaces shown within the Administration area shown; • Additional mechanical roof vents, library lift over run and relocated emergency smoke exhaust vents shown; and • New solar panels shown.
Landscape Plan – DA A015 issue C dated 30/11/2009: • Variations to landscaping on NW corner of site in the vicinity of the electrical sub stations.
Signage and Public Art Plan – DA A019 issue D dated 9/12/2009: • Adjust the extent of public art due to the deletion of two security gates; and • Provide additional ‘Coles’ sign to southern elevation.
Condition Modifications In addition to the changes to the architectural plans, modification of conditions of consent, are also sought. The proposed modifications relate to the timing for the submission of more detailed reports, the requirement for access to the basement car park by certain emergency vehicles to be
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provided, construction times, car parking numbers and the treatment of the intersection of Parke Street and Pryor Place. The proposed changes to the relevant conditions are discussed in the issues section of this report below.
Independent Review of Mr David Ryan, Executive Director at City Plan Strategy and Assessment Development was commissioned to undertake a Peer Review of this s.96 (2) planning assessment report given that the application is a joint project between Coles and the Blue Mountains City Council. A copy of Mr Ryan’s report is attached at Attachment 3. Mr Ryan concurs with the assessment report findings and recommendations.
Development controls Blue Mountains Local Environmental Plan 2005 (the LEP):
Zoning: Village - Town Centre zone
Katoomba Precinct VTC-KA06- Cultural Precinct
Blue Mountains Better Living DCP
State Environmental Planning Policy No. 64 – Advertising and Signage
Drinking Water Catchments Regional Environmental Plan No. 1 Regional Environmental Plan No. 20 – Hawkesbury-Nepean River.
Notification The application was advertised for a period of 14 days from 20 January 2010 to the 3 February 2010 in the Blue Mountains Gazette as well as written notification to adjoining and nearby properties. A total of four (4) submissions were received. One (1) submission was in objection to the application as a whole, (1) makes objection primarily to the signage aspect and the other two (2) did not indicate a desired recommendation.
S.96 Evaluation Section 96 (Modification of Consents) of the Environmental Planning and Assessment Act 1979 (the Act) allows consent authorities to modify a development consent in certain circumstances. It also provides relevant matters that need to be assessed when considering an application to modify the development consent.
This application has been assessed in accordance with Section 96(2) of the Act. A commentary on the assessment of the proposed modification against the relevant provisions of the Act has been detailed in this report for consideration of the Council.
Specifically, Section 96(2) states:
“A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:
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(a)it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified if at all), and
(b) it has consulted with the relevant Minister, public authority or approval body (within the remaining of Division 5) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and
(c) it has notified the application in accordance with: (i) the Regulations, if the Regulations so require; (ii) a development control plan if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for notification of a development consent.”
1. Section 96(2)(a) - Substantially the same development Section 96(2) (a) of the Act requires the Council to be satisfied that the development, as modified, will be substantially the same development as the approved development. To prevent the approved development from being significantly altered by virtue of a number of consecutive modifications, S96 (2) (a) also requires that each modification is assessed as being substantially the same development as the originally approved development prior to any modifications occurring.
This application will be the second modification for the subject development consent.
To determine whether modified development consent will be 'substantially the same' as originally approved, the Council needs to compare the likely impacts of the proposed modified development consent with the impacts of the originally approved development. Assessment of the original development consent related to compliance with relevant statutory provisions. The areas of particular note identified during assessment of the original development can be summarised as being: • Architectural Design; • Parke Street façade; • Connectivity and Accessibility; • Heritage impact; • European archaeology; • Traffic, parking and servicing; • Solar access; • Acoustic privacy; • Visual privacy; • Social impacts;
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• Safety by design; • Ecologically Sustainable Development; • Economic impact; • Stormwater management; • Groundwater; • Land contamination; and • Geotechnics.
The proposed modification is not considered to affect the architectural design, heritage impact, a European archaeology, solar access, acoustic privacy, visual privacy, social impacts, safety by design, or ecologically sustainable development,
The other matters have been discussed in subsequent sections of this report.
The proposed modification to the approved development consent does not alter the development to such an extent that it would not be substantially the same development.
2. Section 96(2)(b) – Concurrence requirements Council is required to consult with any Concurrence Authority in respect of any condition imposed with the general terms of approval that may have been issued in relation to the original consent.
The approved development is located within a catchment identified under Drinking Water Catchments Regional Environmental Plan No. 1 (REP 1). In accordance with the requirements of Clause 28 of REP 1, the Sydney Catchment Authority had provided their concurrence to the original consent on 18 June 2008, subject to specified general terms of approval. These terms generally related to the stormwater treatment and management measures and drainage works, the submission of a Soil and Stormwater Management Plan (SWMP) and implementation of effective erosion and sediment controls, these requirements are included in the original conditions of consent.
Sydney Catchment Authority (SCA) was advised of the proposed modification on the 18 January 2010. The SCA stated that they have no objection to the proposed modification as there is no increase in roof and hard stand areas. The previously provided general terms of approval will continue largely unchanged with the exception of the required total capacity of the onsite detention (OSD) tank which is to increase in volume from 79,000 litres to 80,000 litres.
The original consent was of a scale and within a location that required notification to the Roads and Traffic Authority (RTA) under clause 104 (Traffic Generating Development) of the State Environmental Planning Policy (Infrastructure) 2007. Referral under this policy is necessary if a retail premises is over 2000m2 or 500m2, if access is within 90m of a classified road.
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The original application was referred to the RTA for comment, the proposed modification does not seek to alter any aspect of the approved conditions or limitations that relate to the access of service and delivery vehicles to the site, furthermore there will be no impacts on the Great Western Highway.
3. Section 96(2)(c) - Notification Notification is required to occur in accordance with any relevant provisions within the Environmental Planning and Assessment Regulations 2000 (the Regulations) and any Development Control Plan (DCP). Clause 119(3) of the Regulations require, where a DCP is in place, for the proposed modification to be notified in accordance with the DCP. Clause 2.1.5.3 of Council’s DCP 35 (Community Consultation for Land Use Management) requires notice of the proposed modification to be forwarded to any persons who made a submission on the original development consent and to the owners of land who may suffer increased adverse impacts. Refer to the “Notification” section of this report for further detail on the extent of notification.
It is considered that the proposed modification was notified in accordance with the requirements of the Regulations and DCP 35.
4. Section 96(2)(d) - Submissions Several issues were identified during the notification process. The majority of these issues have been addressed throughout this report.
The issues raised in the submissions are not sufficient to warrant the proposed modification not being supported except those which raise concerns relating to advertising signage.
5. Section 96(3) – Matters for consideration. Section 96(3) requires that assessment of any application to modify the development consent must include consideration of any matters under Section 79(C) (1) of the Act, which are relevant to the development. Section 79(C) (1) requires an assessment of statutory provisions as well as the likely impacts of the development, the suitability of the site, submissions and the public interest.
A summary of the assessment of relevant matters that are relevant to the proposed modification (and that have not already been addressed above) is provided in this report.
Issues Resident issues – A total of four (4) submissions were received at the conclusion of the public notification process, the issues raised are summarised as follows:
Access, Parking and Loading • Limited access and poor visibility from Parke Street for delivery vehicles – on street parking will be lost;
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• Adverse traffic generation impacts; • Australian Standards for vehicle manoeuvring are not met in relation to service vehicles; • The proposal does not meet the RTA’s guide to Traffic Generating Developments as required by the BLDCP; • Stormwater and Groundwater problems requiring excavation in Froma Lane to upgrade services – disruption to access to dental practice; and • Extension to supermarket and parking under College Lane.
Comment: Both the RTA and Council’s development engineering staff have assessed the application and found it to be acceptable. Relevant conditions have been applied in Attachment 1. Works to be carried out within College Lane have been previously addressed in the approved development application and it is not necessary to reconsider these impacts.
Advertising Signage • Signage does not meet DCP 21 requirements; • Signage to be as per deed of development as approved in original development application; • Sign detracts from cultural significance of the building; • Supermarket component would brand cultural facilities podium level for which Council is the eventual owner; and • Signage does not correlate with entrances to the supermarket component of the development.
Comment: Issues relating to additional Coles Advertising Signage are discussed in a later section of this report.
Other Matters • Requirement for addition of an information centre; • Convention centre required in upper Blue Mountains; • Entrance Fees and Upkeep fees not acceptable; • Development should be considered by an independent body other than Council; • Public financial implications not provided; • Acquisition of property by Council in the community interest; and • Stormwater and Groundwater problems requiring excavation in Froma Lane to upgrade services – disruption to access to dental practice.
Comment: Public desire for additional services to be provided within the development such as a convention centre and visitor centre are not issues which require consideration within this report, these facilities are provided elsewhere in Katoomba.
The day to day management and operation of the centre in terms of entrance and upkeep fees together with issues pertaining to the public financial implications of the development and the acquisition of neighbouring properties by Council are not planning related issues and need not be addressed in this
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assessment.
Assessment issues – • Stormwater; • Economic Impact; • Parking; • Accessibility; • Advertising Signage; • Electric Sub-stations; • Landscaping; • Development Density; • Ecologically sustainable Development; • Modification to Plans; and • Modification to conditions.
1. Compliance Table: Local Environment Plan 2005 Clause Standard Proposed Compliance cl. 9 Considerations The proposal satisfies Parts 1, 2 and 3 of the Does not before LEP, but does not comply with the car parking comply, SEPP development requirement in Part 4 or the podium height 1 previously consent requirement in Schedule 1. The podium height submitted with was approved as part of the original original DA - application and is not affected by the s96 Approved application. See discussion in later section of assessment report. Cl. 10 Aim of the plan The proposal is consistent with the aims of the Complies LEP. Cl. 11 Ecologically The proposal incorporates the principles of Complies sustainable ESD and will not have any adverse impact on development any threatened species of flora or fauna, or ecological communities identified in Schedule 5 of the LEP Cl. 12 Principal The proposal complies with the relevant Complies objectives of principal objectives of the LEP as the proposal the plan will: • not detract from the unique identity and values of the Blue Mountains; • meet the needs of residents, visitors and the business community through the provision of an appropriate balance of land uses and built forms; • respond to the principles of ecologically sustainable development; • conserve and enhance the ecological integrity, environmental heritage and environmental significance of the Blue Mountains; • conserve European heritage; • preserve water quality; • not have an unreasonable impact on infrastructure; • provide facilities to meet the social needs of existing and future residents;
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Clause Standard Proposed Compliance • provide reasonable access to buildings for all people; and • be integrated with transport systems. Cl. 13 General locality The proposal complies with Clause 1 as it Complies management complies with the zone objectives within Division 2 (see below) and the proposed uses are permissible with consent. Cl. 14 Locality The proposal has previously been assessed in Does not management accordance with the provisions specified within comply, SEPP within the Schedule 1. The proposal complies with most 1 previously villages of those provisions (excluding podium height). submitted and considered in Previously considered. original DA - Approved Cl. 18 Village—Town The application satisfies the relevant Complies. Centre zone objectives of the Village—Town Centre zone as the application will: • develop retail and community activities within the Katoomba Town Centre; • promote the unique character of Katoomba; • promote the economic viability of Katoomba; • encourage tourist activities in Katoomba; • provide larger scale retailing within the district centre of Katoomba; and • be of a high quality urban design Cl. 32 Land use matrix All of the land use activities proposed are Complies permissible with consent: • arts and crafts galleries; • community buildings; and • shops. In addition “a cultural facility integrated with a district supermarket” is permissible pursuant to Clause 38 and Schedule 8 (see below). Cl. 43 Contents of site A site analysis plan, in accordance with Cl. 43, Complies analysis plan accompanied the development application. Cl. 44 Environmental The proposal will not adversely affect the Complies impact natural environment. Previously assessed.
Cl. 48 Protected The application has been referred to the Complies Area—Water Sydney Catchment Authority, which has Supply provided its concurrence, subject to the Catchment inclusion of conditions of consent.
Furthermore, the proposal satisfies the relevant objectives and provisions of Clause 48 as it will: • not adversely affect water quality; • minimise vegetation clearing and the impact of soil disturbance; • incorporate water quality management practices; and
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Clause Standard Proposed Compliance • be connected to a reticulated sewerage system. Cl. 53 Retention and The proposal satisfies Clause 53 as it will have Complies management of no impact on threatened species. This aspect vegetation has been previously addressed and there are no changes as a result of the s.96 modifications.
Cl. 54 Preservation of This clause has previously been addressed in Complies trees the original development application and there are no changes proposed as a result of this s.96 application. Cl. 56 Site A condition of consent has been included to Complies disturbance and prevent sediment, building materials, waste or erosion control other pollutants from leaving the site and entering adjoining land, street gutters, drains or watercourses. Any issues pertaining to site disturbance and erosion control have been previously addressed in the original development application. Cl. 57 Stormwater The stormwater impacts of the proposal are Complies Management considered below and found to be satisfactory. Cl. 60 Consideration The issues pertaining to the architectural Complies of character design and external treatment of the façade and landscape have been previously addressed, issues relating to the addition of solar panels and relocation of ingress/egress points and loading dock and other minor external modifications are discussed in further detail below. Cl. 98 Access to land Clause 98 has been considered in the Complies from a public previous development application. road Cl. 99 Car parking Council’s Better Living DCP requires 421 Does not provision parking spaces. 397 (including 22 spaces to comply, SEPP replace those existing spaces lost by the 1 previously proposal) parking spaces are proposed. See submitted and discussion below. considered in original DA approval Cl. 100 Design for car Refer to the ‘Traffic, Parking Accessibility’ Complies parking assessments below. Cl. 101 Loading and Refer to the Traffic, Parking and Accessibility Complies unloading assessments below. facilities Cl. 106 Sustainable The proposal incorporates sustainable Complies resource resource management principles. management Cl. 107 Access to Refer to the ‘Connectivity and Accessibility’ Complies public buildings assessment below. and public land
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VTC-KA06 – Cultural Precinct The precinct vision statement and precinct objectives have been addressed within the original development application and it is considered unnecessary to revisit these aspects of the development. Furthermore, most of the design provisions for the precinct have already been assessed and approved and require no further consideration within this assessment as these elements are not altering as a result of the current s.96 application. Energy conservation, development density and advertising signage are all discussed in later sections of this report.
2. Better Living Development Control Plan The proposal complies with the relevant sections of the Better Living DCP, including: Site Planning A site plan and site analysis was included in the application.
Biodiversity The site contains no threatened species or significant vegetation communities. The quality and quantity of the stormwater will not have an adverse impact on threatened species or significant vegetation communities downstream.
Stormwater The proposed stormwater impacts have been considered to be acceptable by the SCA subject to the imposition of conditions of consent.
Site Management A sediment and erosion control plan and construction traffic management plan have been prepared by the applicant. These matters, and other site construction management matters, are considered acceptable subject to the imposition of conditions of consent.
Heritage Conservation The impact of the proposal on the heritage significance of the surrounding heritage items and heritage areas has been assessed in the previously approved development application. It was found that the proposal would not have any unreasonable impacts on the heritage significance of the adjoining items or heritage areas. The s.96 application does not alter the development to an extent which would have an adverse impact on Heritage and therefore does not need revisiting within this assessment.
Crime Minimisation The consistency of the proposal, with the key principles of crime minimisation through design (being surveillance, access control, territorial enforcement and space management), have been considered in the previously approved development application, the current application does not alter the design of the development and therefore the proposal is found to satisfactorily incorporate crime minimisation through design.
Land Contamination Land contamination was considered by Marten’s Engineering, (part of the Independent Assessment Team) within the previously approved development application and the site was found to be satisfactory for the proposed uses, subject to the remediation of the site as proposed. There are no changes proposed as a result of the s.96 application which warrant revisiting this issue.
Health and Safety The health and safety of the future users of the proposed building will be ensured through the use of appropriate materials, as proposed, and the effective maintenance of mechanical and ventilation systems.
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Services The proposed development is capable of being serviced, subject to augmentation of the existing infrastructure services.
Wastewater Wastewater will be adequately disposed of through Sydney Water’s reticulated sewage system.
Streetscape and Character The impact of the proposal on the surrounding streetscape and character of the locality has been previously considered in the original development application and found to be satisfactory.
Landscaping There is only a small area of soft landscaping proposed on the site. This soft landscaping is in a prominent location at the north-western corner of the site. Council’s Landscape Officer reviewed the landscape plans within the original development application and conditions of consent were applied. These conditions have been carried over to this application and are included in Attachment 1 of this report. It is considered that the landscaping proposed, although minimal, is adequate for the nature, form and use of the proposal. See further discussion below pertaining to landscaping.
Vehicular Access, Parking and Roads Traffic and parking matters have been considered by the RTA (see below) and Council’s Traffic Engineer (see below). An assessment of the traffic and parking aspects of the proposal is provided below. In summary, the proposal is found to be satisfactory with regard to traffic and parking, subject to the imposition of a number of conditions of consent.
Amenity Subject to the imposition of conditions of consent, the proposal will not have an unreasonable adverse impact on amenity, including noise, pollution, traffic, light spill or the like.
Energy Previously addressed, it is proposed to minimise energy consumption through the implementation of a Building Management System to control air conditioning and lighting, thermal insulation in walls and ceilings, the double glazing of windows throughout occupied areas, the selection of energy efficient light fittings and other technological measures.
Access and Mobility Accessibility for people with disabilities or limited mobility within the site is assessed to be adequate, subject to the imposition of a number of conditions of consent. Accessibility is assessed in further detail below.
3. Discussion of Issues Stormwater An assessment of the stormwater impacts of the original proposal has been undertaken, there is no change proposed to the roof area or hard stand areas and therefore there are no changes regarding both water quality and quantity. All previous conditions have been applied.
The Sydney Catchment Authority (SCA) and Council’s Engineering team have also assessed the s.96 application. The SCA reviewed the quality and quantity of the stormwater proposed to leave the site and found it acceptable, subject to conditions of consent which have been applied.
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Overall, given that there is no change in roof or hardstand areas the post-development stormwater satisfies the relevant State and local assessment criteria and will not adversely affect the natural environment.
Economic Impact An assessment of the economic impacts of the proposal was undertaken by Don Fox Planning (DFP) incorporating Hirst Consulting Services. DFP considered the likely impact of the proposal on key centres within the upper Blue Mountains as well as the existing specialty retail outlets in Katoomba Street, the main retail shopping strip in Katoomba.
DFP identifies the several economic benefits from the proposal (pg 12&13) and make the following comments:
“a) Shopper Convenience A proposal should contribute in a positive way to the convenience of shoppers by providing retail facilities not otherwise available in the locality.
The Upper Mountains area of the Blue Mountains LGA is significantly underserved in terms of supermarket floor space.
Residents of this area currently have access to only one medium-sized supermarket which is supported by a network of smaller supermarkets and grocery stores. There is still a significant undersupply of supermarket floor space which has resulted in a significant amount of expenditure escaping the area; interest from new operators; and ·the existing medium size supermarket over-trading.
Katoomba, as the major retail and commercial centre of the Upper Mountains is therefore “missing out” on expenditure which would generally be directed to a centre of this size if more facilities were available. The provision of a large, full-line supermarket, together with some supporting specialty floor space, will go part of the way to correcting this anomaly.
The redirection of some expenditure from the existing facilities will have most impact on the existing supermarket. Given that this store is potentially trading at levels in excess of normal for a facility of this size and composition, the redirection of this expenditure will correct this imbalance. The existing store will however still be able to trade at a level that can ensure it is sustainable. It is also likely that most expenditure at the new supermarket will be retained escape expenditure in which case the impact on existing facilities will be somewhat diluted.
Both shoppers and the centre as a whole could benefit from the increase in specialty floor space which could accommodate a variety of uses both retail and non-retail, and thereby increases the variety of outlets available.
b) Competition Any proposal for a new development to introduce an element of competition within the retail network should be considered positively.
The proposed store may impact in the short term on existing supermarkets in the area particularly those within the Katoomba town centre. It has been estimated, however, that there is sufficient expenditure available within the trade area to support additional supermarket facilities and therefore that the impact can be generally acceptable.
The provision of the services provided by the new floor space will increase the level of choice for consumers, particularly as many of the trade area residents are on lower-than
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average incomes. The fact that there will be an increase in competition can be viewed positively. How existing grocery stores, supermarkets and specialty shops respond to this competition will depend on their ability to respond to any market anomaly.
c) Support for Existing Facilities Development proposals in the vicinity of other outlets have the potential to support those by extending the range of goods and services provided.
The development of a new large supermarket together with supporting specialty floor space within Katoomba could have a synergistic effect on other businesses in the town centre by attracting more people and expenditure to the centre.
d) Maximisation of Investment & Employment Opportunities These aspects can be difficult to assess and are often not realised for some time after facilities have been established. However, where an investor has made a commitment to build a new retail facility, such commitment is often considered a strong positive factor and can have flow-on effects to the area as a whole. The proposed retail facilities will also create opportunities for employment in the local area, both during the construction phase and when the facility is operational. When operational, and based on a rate of one employee per 30m2 of shop floor space, the proposed supermarket could provide employment for up to 150 part-time and full- time employees, and the specialty shops up to 30 employees. During the construction phase of this development, and based on our experience, as many as 85 direct construction jobs and 140 indirect jobs might be generated.”
The assessment by DFP concludes (pg14):
“The modified proposal provides an increase in supermarket floor space (compared to the approved development) however it has been demonstrated that there is a significant undersupply of such floor space for the population of the Upper Mountains area. The modified proposal will assist in correcting this anomaly somewhat.
The modified scheme reduces the amount of specialty retail floor space proposed to be provided in conjunction with the supermarket facility. Even though the approved scheme has been assessed as having an acceptable impact on the function and operation of existing specialty floor space in the Katoomba town centre, the reduction in specialty retail floor space as part of the modified proposal will have a corresponding reduced impact on the existing floor space in Katoomba and is therefore considered to be appropriate.
Therefore the likely impact of the new retail facilities, including the supermarket, are predicted to be acceptable, and indeed, positive, in the broader market in terms of increasing facilities and choice for consumers.”
Comment: At the time the EIS was prepared the new ALDI store located on the corner of Waratah and Katoomba Streets was not yet operational and the Woolworths supermarket in Leura had not then been approved. However, the EIS does consider economic impacts on the basis that both ALDI and the Woolworths Supermarket in Leura would be operational in the future. The EIS considers below that ‘’there is sufficient expenditure within the trade area to support additional supermarket facilities… and….the increase in competition can be viewed positively’’.
In consideration of the submitted Economic Impact Assessment it is considered that the proposal will not have any unreasonable economic impacts.
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Parking and Traffic Generation The original development application required a SEPP 1 objection to be lodged which required variation to the number of onsite car parking spaces required by Clause 99 of LEP 2005.
Clause 99 “Car parking provision”, of the LEP, states that “car parking is to be provided in accordance with the Council’s Better Living DCP”. In accordance with Table 3, Part D of the Better Living DCP the original development application required a total of 421 car parking spaces. A SEPP 1 objection, to vary this development standard in relation to car parking, was submitted and considered acceptable.
The approved application provides a total of 355 car parking spaces, inclusive of 4 motorcycle spaces.
The current s.96 application seeks to increase onsite car parking at both basement levels 1 and 2 from 355 to 397 inclusive of 8 accessible parking spaces (an increase of 42 spaces total).
The supermarket as approved has a total gross floor area (gfa) of 3163m2 which is proposed to increase by 1300m2 to 4463m2 gfa.
The speciality retail floor space is proposed to decrease from 1875m2 to 927m2. Shops are required to provide parking at a ratio of 1 space per 25m2 gfa which would result in a decrease in the parking requirement of 38 spaces for the speciality retail component of the development.
The district supermarket parking requirement is 1 space per 20m2 gfa, resulting in an increase of 65 car parks.
The total requirement resulting from the redistribution of retail floor area across the development is 27 car parking spaces resulting from the increase of the supermarket floor area. The development application proposes, an extra 42 spaces, which more than exceeds the BLDCP requirement for the additional floor space.
The original development application fell short of meeting the BLDCP car parking requirement by 66 spaces, the amended application closes this gap so that the shortfall is now only 24 spaces. Given that the original development application was found to be acceptable with a shortfall of 66 car parks (subject to SEPP 1 and TTPA assessment), a reduction in this shortfall to 24 spaces is a significant improvement and is also considered acceptable.
In regards to the increase in Traffic Generation as a result of the increase in supermarket floor area, the applicant has submitted Traffic Impact Assessment (TIA) in support of the modifications. A summary of the TIA is as follows: • Access arrangements are similar to the approved development application and are considered appropriate; • Internal layout amendments and circulation comply with AS2890.1- 2004; • Amendments to the loading dock are minor and comply with AS 2890.2-2002; and • The surrounding road network will cater for traffic generated by the additional traffic, with intersections continuing to operate at a satisfactory level of service in the peak periods.
The following modifications have also been assessed as compliant with the relevant Australian Standards:
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• Extension of car park at basement level 1 & 2 and additional parking spaces; • Relocation of the car parking ramp at basement levels 1 and 2; • Taxi bays have been located near the travelator lobby on car park level 1; • 8 accessible parking spaces are provided which is one extra than the original proposal. The previously approved DA recommended that 2% of the total parking provision be accessible parking – under the s.96 provision of 397 spaces 2% is equal to 7.94 spaces or 8 in total which is considered acceptable; • Car park entry driveway relocated; • Civil works to Parke Street amended; and • Arcade Relative Level (RL) amended to 1020.000.
There are no changes to the provision of emergency vehicle parking, motorcycle or bicycle parking within the building. However the applicant makes further provision for emergency vehicle parking near the Parke Street entrance.
Condition 77 The Applicant requests specific reference to the provision of 22 council car parking spaces be made within condition 77 where previously no reference to these spaces was made.
The identification of specific car parking ownership within a condition of consent is considered unnecessary as it has already been dealt with via alternate legal mechanisms i.e., deeds of ownership. The condition will be altered to include the increased number of car parking spaces (in general terms only) and the increase in accessible parking space but will not make specific mention of the 22 Council owned car parking spaces.
Accessibility The applicant proposes a passenger set down point to be located within Parke Street near the entrance to the Cultural Centre. The applicant states that it is not possible to make this set down point compliant with the relevant requirements and requests that condition 22(f) (iii) be amended or deleted to reflect this inability. Council has specifically requested the applicant address this issue however it has since been acknowledged that given the gradient of Parke Street, strict compliance with accessibility provisions is not possible. Furthermore, given that the Parke Street entrance is located outside of the site, strict compliance is not required.
There are other entrances within the site which are all accessible. Condition 22 (f) (iii) is deleted as requested.
Advertising Signage The applicant is proposing an additional Coles sign to be erected on the southern elevation of the building, approximately 10 metres above the level of College Lane. Under the present approval, such signage is limited to above the supermarket entrance on the Parke Street elevation and above the supermarket entrance on College Lane.
The additional sign is to act as a business identification sign and will have a sign face area of 9.1m2 with the broadly recognised COLES text located within the sign face.
The applicant also proposes to delete the round ‘orb’ symbol from the front of the COLES text on all signs in order to reduce the total sign face area. All 3 proposed signs will have a total combined sign face area of 27.3m2 which is a reduction of overall sign face area of 7.7m2.
The approved retail signage visible from Parke Street includes 15m2 for the major tenant and 4m2 of signage for ‘future retail signage’ on the western elevation. In terms of approved
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signage visible from College Lane, this includes 20m2 for the major tenant and 31m2 for the associated retail tenants.
The proposal has been assessed against the “Advertising signage” controls of Katoomba Precinct VTC-KA06 – Cultural Precinct of LEP 2005 and State Environment Planning Policy 64 (SEPP 64).
The provisions of LEP 2005 that are relevant to the s. 96 application follow:
LEP 2005, VTC-KA06 – Cultural Precinct (7) Advertising signage
“(a) The consent authority must be satisfied that the design and size of advertising signage shall:
(i) be compatible with the cultural facility and respect the cultural significance of the building, and (ii) reduce visual clutter by rationalising and simplifying signage, and (iii) be the product of an integrated signage package for the entire building or the precinct as a whole.
(b) Advertising signage shall be fully integrated with the architectural elements of that part of the building on which it is located. (c)…
(d) Advertising signage related exclusively to development for the purpose of the district supermarket or other commercial premises located below the podium level set by clause 3 (1) (a),and any associated facilities, shall:
(i) be compatible with the scale and proportion of the building on which the signage is to be located, and (ii) be limited to business identification purposes for the major tenant for any signage within the precinct visible from Parke Street, and shall be contained within an envelope or envelopes with a total maximum area of 15m2, and (iii) be limited to business identification purposes for the major tenant and associated retail tenants for any signage within the precinct that is visible from College Lane, and shall be contained within an envelope or envelopes with a total maximum area of 20m2, and (iv) be located below the podium level set by clause 3 (1)(a), and (v) not be used for product promotion or other temporary advertising purposes…….”
Comment The proposed sign is generally located just below the podium level, with some protrusion above the prescribed podium level of 1024.5 AHD. However, given the sign’s purpose for the advertising of a prominent retail facility it is considered that its proximity to the Cultural Centre facility in this location is inappropriate as it bears no relationship to the cultural significance of the Cultural Centre itself and is considered to be contrary to (a) (i) above.
Furthermore, the addition of a third sign creates a sense of visual clutter upon the south eastern elevation and does not rationalise proposed signage but increases total number of signs unnecessarily.
The approved development application was supported by an advertising signage strategy prepared by the applicant. The strategy states the following:
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“The commercial retail uses of the lower levels of the building, the principal address and entry points are via College Lane and the Civic Centre from the east and off Parke Street from the West. The signage strategy specifically locates retail precinct and business identification signage adjacent to these entry points…”
Thus the approved signs have been integrated appropriately to identify the entry and are reconciled with the functional elements of the building to which they relate.
This contrasts with the present proposal, which introduces the retail signage in this location which is not associated with the entrances to the relevant retail premises or otherwise architecturally integrated with the related retail use. The result is that the “Coles” signage has the effect of inappropriately identifying or branding the entire building with the retail use, including the ‘signature facades’ and viewing platforms of the public cultural facility. All the visual markers or defining elements of the building in this location are related to the cultural centre, yet the signage relates to the retail undertaking.
The architectural design of the building which comprises the curved roof form together with the proposed colours and materials complement the community uses within the building and also the character of area. In effect the northern elevation fronting the Carrington Hotel and the southern elevation, where additional signage is proposed, are ‘signature’ facades of the Cultural Centre as viewed from public places. The addition of a sign associated with a retail development does not resonate well with these elements as viewed from the south-east. In this respect the signage does not respect the cultural significance of the building.
Whilst the applicant proposes marginal decreases in the area of approved advertising, the necessary assessment against the Precinct provisions suggests that the extent of advertising for retail premises exceeds the maximum area limits contemplated in the controls. The area of approved advertising cannot be re-visited through the s. 96 application. However, a consideration of the planning controls and the applicant’s own advertising signage strategy are consistent with a recommendation to not support the introduction of advertising onto the southern elevation of the building as part of the s.96 application.
State Environment Planning Policy 64 The proposed signage is considered to be ‘business identification’ signage for the purposes of the SEPP. The assessment of the signage subject to the modification application as undertaken against the LEP provisions accords with the Assessment Criteria of Schedule 1 of the SEPP and the objectives of the Policy.
Two (2) Pad mount electric sub-stations The most significant external alteration is the addition of a second electricity sub-station. Integral Energy has advised the applicant that the single pad-mount substation originally proposed to service the development will not be adequate and would result in insufficient supply of the total energy required to service the development. The applicant now proposes the installation of two (2) pad-mount electric power sub-stations to be located externally to the development.
Comment The sub-stations will be located in approximately the same location as the approved development. The 2 sub-stations will utilise an area of 25.21 m2 in comparison to the single sub-station which required approximately 15.m2. The increase in area required for the operation of 2 sub-stations will result in a small reduction in the landscaped area along the northern elevation of the development adjacent to College Lane. The proposed design for the substations as lodged with the s.96 application were not in fact acceptable to Integral Energy and have been amended during the assessment process.
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It is unfortunate that external pad-mount substations are required to be located at one of the principal entrances to a regional cultural facility. Typically, these utilities are located ‘’back of house’’ rather than in such a prominent location. It is the case that the single pad-mount sub station was approved as part of the original DA, in response to conditions requiring its integration with the principal façade.
An improved outcome could only be achieved via an internal chamber configuration in which the substations were located within the building. The applicant has advised that such an approach is not considered viable. On that basis, attention has been directed to integrating and screening the pad mount substations as much as possible in view of operational constraints stipulated by Integral Energy.
The substations will be located a distance of approximately 2.0 metres from the intersection of Parke Street and College Lanes and will be flanked on either side by landscaped areas which will help to soften their appearance and screen them from the public view. Furthermore the applicant has proposed to lower the sub-stations below the level of College Lane so their visibility is further reduced and to erect a screen fence along the northern and western sides.
A letter from Integral Energy dated 21 April 2010 has been provided in relation to the proposed changes to the substations, which includes a Notice for Constituent Council and associated requirements. Integral Energy have reviewed architectural documentation and liaised with the applicant in the development of an acceptable solution to the pad mount substations. Queries were raised with Integral Energy about its requirements, which restrict any structures within 3 metres of the substations. Such an outcome would not accord with approved plans, and would have adverse impacts on the design outcome. Integral have since indicated this limit only applies to habitable structures. On this understanding, the Council expects that the design for the substations, including screening and surrounds, can be achieved as part of the development. It is considered that an acceptable outcome will result provided the substations and related architectural treatments are completed in accordance with approved plans.
Initially, the applicant had requested that these approvals be deferred to the occupation certificate stage. However, the issues arising from the introduction of two padmount substations as part of the s.96 application have required the approvals to be obtained at this earlier stage in any event. Accordingly, conditions will be imposed maintaining the approval at construction certificate stage, but with reference to two-pad mount substations and the proposed design of the substations that form part of the consent.
The applicant’s efforts to address amenity related issues surrounding the external installation of 2 pad mount sub-stations are considered acceptable and the amendments are supported subject to the imposition of relevant conditions.
Development Density A total gross floor area (gfa) of 10,869m2 is now proposed which is equal to a floor space ratio (FSR) of 1.55:1 which is less than the maximum permissible FSR of 2:1 allowable in Schedule 1, Part 4, division 1 of LEP 2005, VTC-KA06 – Cultural Precinct.
Comment The modification is considered acceptable.
Environmentally Sustainable Development The proposal now incorporates solar panels to be located on the roof which will help to supplement power usage, reducing power consumption and the overall carbon footprint of the development.
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Comment The applicant provides a Reflectivity Glare Assessment prepared by Heggies (at Appendix K) which demonstrates that the solar panels will not have an adverse glare impact on surrounding properties (including the Carrington Hotel), pedestrians, cyclists and motorists. This is achieved in the following ways: • The glass of the panels has a reflectivity coefficient of less than 10%; • The solar panels are to be oriented to the north; • The panels are located high on the roof; • The tilt angle of the panels helps reduce glare; and • The roof of the development will help shield surrounding streets and buildings from reflections.
The photomontage shown in Appendix B of the application shows the visual impact of the solar panels on the roof. It is considered that the addition of solar panels to the development complies with Environmentally Sustainable Development Principles and Sustainable Resource Management. The impacts resulting from such an initiative are considered to be positive and therefore the modification is supported.
Landscaping Modifications made to the landscape area located at the intersection of College Lane and Parke Street is necessary to cater for the additional sub-station.
Comment The modifications are minor, purely a small reduction and reconfiguration of the total landscaped area. However, the changes enhance the screening of the substation and soften the appearance of the elevation in this location. The modifications to the landscaped area are considered acceptable subject to imposition of previously applied conditions.
Roof modifications The applicant made reference within their assessment to a small increase in roof area – this issue has been clarified as it was understood by Council Officer’s that there would be no increase in the roof area as part of this application. It was determined that there would be no increase in the roof area (within the SW corner) as stated.
Modification to Conditions: Condition 1 is required to be amended to reflect the changes to the architectural drawings. These changes are made in accordance with the application, with the exception that the Signage and Public Art Plan – DA 019 will be amended in red to exclude signage on the southern elevation for the reasons discussed in the sections in the report pertaining to advertising signage.
Condition 12 requires the submission of a Construction Management Plan to Council prior to the issue of a Construction Certificate. Modification of this condition is sought to replace “prior to issue of the construction certificate” with “prior to the commencement of works on- site”.
Comment The condition was modified in XM/786/2007/B to reflect the requested amendments above. The previous assessment and subsequent approval pertaining to the amendment of condition 12 in this respect requires no further consideration.
The note at 12 (e) is requested to be modified to include the text except with the written approval of Council as follows:
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‘’In accordance with the Noise Assessment prepared by Wilkinson Murray (Report No. 06104 Version B dated June 2007), construction during the noisiest phases must be limited to the DECC recommended standard hours of 7am – 6pm Monday to Friday and 8am – 1pm Saturdays, with no audible work on Sundays or public holidays, except with the written approval of Council’’.
Comment: The modification will allow for construction works to occur outside of the nominated days and hours of operation as specified by the condition but only with the prior written approval of Council. The change is considered acceptable.
Condition 13 requires the preparation of a Construction, Pedestrian and Vehicle Traffic Management Plan prior to the issue of a Construction Certificate.
Amendment to this condition is sought to replace “prior to issue of the construction certificate” with “prior to the commencement of works on-site”.
Condition 14 requires the preparation of a comprehensive Waste and Recycling Management Plan. This modification sought by the applicant has already been achieved by the February modification to the consent.
Condition 16 requires the submission of an application for the erection of hoarding within the public road reserve to be submitted to and approved by Blue Mountains City Council prior to the issue of Construction Certificate.
Amendment of this condition is sought to replace “prior to issue of the construction certificate” with “prior to the commencement of works on-site”.
Condition 18 requires the preparation of a dilapidation report on adjoining buildings to be prepared and submitted prior to issue of the Construction certificate.
Modification of this condition is sought to replace “prior to issue of the construction certificate” with “prior to the commencement of works on-site”.
Condition 34 requires that “prior to commencement of any works within the site, a construction certificate for all work is to be issued by an appropriately qualified certifier”. The applicant requests the wording to be changed as follows: “Prior to commencement of works within the site, a Construction Certificate for that work is to be issued by an appropriately qualified certifier.”
Comment Condition 13, 14, 18 and 34 were previously modified in XM/786/2007/B to reflect the requested amendments above. Condition 16 was deleted as requested in application XM/786/2007/B. Discussions pertaining to the amendment of conditions 13, 14, 18, 34 and deletion of condition 16 have therefore already been considered and subsequently approved and require no further consideration.
Condition 22(f)(iii) requires the provision of a functional accessible continuous path of travel to be provided from the passenger set down point in Parke Street to the Cultural Centre entry.
Amendment of this condition to delete the requirement for this path to be ‘accessible’ is sought by the applicant as it is not possible to comply with the requirements of the condition. This issue is discussed in a previous section of this report.
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Condition 23 relates to the provision of on-site parking and requires, the provision of two large spaces on Level B1 for emergency vehicles only (and signpost (sic) as such) adjacent to travelator entry door – suitable to accommodate an ambulance and police rescue truck.
Drawing No. DA_A002 issue E makes provision for two spaces for emergency vehicles on basement Level 1. However, due to clearance requirements, some emergency vehicles may not be able to access this level. Therefore is it proposed to modify condition 23, bullet point 3 to delete reference to ambulance and police rescue trucks.
Comment Only emergency vehicles less than 2.3 metres in height are able to park in this location and whilst this includes many emergency vehicles, there will not be sufficient clearance for some rescue trucks and ambulances. Therefore, an alternate location is provided for such vehicles along the Parke Street frontage which has been designated for the parking of emergency vehicles. This area, adjacent to the Parke Street centre entry will be provided with a mountable kerb as indicated on Drawing No. SKC101 Rev E. The provision of a designated area along Parke Street with a mountable kerb was discussed and agreed to at the Local Traffic Committee meeting held 22 October 2009.
Condition 31 requires the reflectivity of the roof not to exceed 20%.
Comment The level of reflectivity of the roof is a function of roof material, texture and colour. A more reflective roof has beneficial thermal properties, but has the potential for glare impacts. It appears the purpose of the condition is to minimise reflectivity, which is at odds with the thermal efficiency objective which is generally a primary factor in the choice of roof colour and material.
Against this background, the materials and colours of the featured vaulted roof of the Cultural Centre were approved by the Council as part of the original consent, which were specified in the Materials Board forming part of the application. The approved material is Colorbond roofing, coloured “Shale Grey”. To alter the reflectivity of the roof would require alterations to these approved colours and materials. The approved colour has a solar absorptance of 43 percent, and is classified as a light colour. The Colorbond range has a solar absorptance from 31 to 75 per cent. However, Colorbond does not specify reflectivity values. On present information, no Colorbond roofing products are understood to meet reflectivity of less than 20 percent.
Given that the corrugated roof material is a core or featured component of the development, and the thermal efficiency benefits of the approved colours, it is not considered reasonable to maintain the condition on reflectivity, particularly as the materials and colours have already been approved as part of the development consent. Modification of the consent is sought to delete this condition and this is agreed as there will be limited glare impact upon adjoining occupiers in respect to light reflectivity from roof materials, noting that the Carrington Hotel is the primary building overlooking the site, but is located to the north which will limit glare potential.
Condition 33 relates to the provision of a sub-station and requires that the applicant demonstrate that all approval requirements from Integral Energy have been complied with prior to the issue of an occupation certificate. The modification requested is to move condition 33 (which is located within Section D of the consent). Section D contains the conditions that are required to be satisfied prior to issue of construction certificate, the condition should be located within Section G of the consent where all conditions are contained which are to be satisfied prior to occupation certificate.
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Comment Refer to previous section of this report “Two (2) Pad mount electric sub-stations”. The resolution of the padmount design alters the approach initially sought in relation to Condition 33.
Modification is also sought to refer to the provision of two pad-mount sub stations in condition 33.
Comment The provision of two pad-mount sub-stations at the northern (College Lane) end of the site (instead of the one (1) approved) is discussed in a previous section of this report as nominated above.
Conditions 48 and 53 relate to days and hours of work for construction, the applicant requests the wording be modified to include the text except with the written approval of Council as per 12(e) above.
Comment The modification will allow for construction works to occur outside of the nominated days and hours of operation as specified by the condition but only with the prior written approval of Council. The change is considered acceptable as potential noise impacts can still be assessed and monitored on a case by cases basis as the need may arise. Condition 77 requires parking to be provided for a minimum of 359 vehicles (including 4 motorcycle parking spaces).
Modification of this condition is sought to require the provision of 397 car parking bays (including 22 Council car parking spaces and 8 accessible car parking spaces).
The remainder of the condition is to remain unchanged.
Comment Increases in relation to the provision of onsite car parking and modification to the condition as proposed are discussed in further detail in a later section of this report.
Condition 79 should be amended to read as follows: “To ensure safe pedestrian access to the site, pedestrian refuges are to be constructed in Parke Street adjacent to both pedestrian entries into the site, consistent with the Roads Act approval together with all necessary works , line marking, signage and drainage to make the construction effective prior to the issue of the Occupation Certificate.”
Comment The change to the condition is through the addition of the text consistent with the Roads Act approval. The purpose of the condition remains unchanged and ensures the works are consistent with the Roads Act approval, the proposed modification is considered acceptable.
Condition 101: makes reference to condition 19 - the correct condition reference should be condition 14.
Comment Condition 101 relates to waste generated from the development and refers to the requirement for the preparation of a comprehensive Waste and Recycling Management Plan (condition 14). Condition 19 relates to signage which is unrelated. The modification is considered acceptable.
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Plan Changes There are a number of minor internal plan changes which are listed as follows: • Fire stairs 04 and 05 and the Civic Centre pedestrian access have been amended to suit modified College Lane levels; • Pedestrian ramp deleted and replaced with travelator including air lock; • Mechanical Plant room floor area increased; • Northern mechanical plenum amended; • Increased hoist size to lift no.4; • Pedestrian ramp to basement level 2 deleted – travelator from Basement level 2 added with new airlock; • Parke Street entry amended to suit relocated car park access driveway; • College Lane entry amended to suit new road levels; • Amenities relocated; • Trolley hoist and speciality hoist are combined and relocated to new lift no. 4; • The western entry (Parke Street entry) to the retail centre has been repositioned to the south and the entry has been reconfigured to accommodate a more accessible path of travel; • Southern extent of loading dock (Speciality Loading) shifted South in line with changes to Parke Street retail entry; • Additional egress and break out doors via the interpretation centre and via doors at top of stairs External Circulation East; • Revision to the internal plan of the Foyer, Café, library offices area, Administration Area; • Relocate internal column within the Interpretation Centre; • Adjustment to the wall lines and door positions within the services area and Gallery BOH area; • Adjustment to internal Stair 2; • Deletion of two security gates; • Lift 4 – Specialty loading goods lift has been provided; • Increased size of mezzanine plant room 3 to become Plant Room 3a and Plant Room 3b; • New FHR cupboard to the Library mezzanine area; • Relocation of emergency smoke exhaust vents; • Reconfiguration of the vaulted spaces within the administration area; • Reduction in floor area along northern elevation; • Increase in the area of the library mezzanine from 172m2 to 174.5m2 (2.5m2); • Additional intake vents and mechanical roof vents provided; • Exhaust vents added; • Reposition smoke vents; • Provide lift overrun to library lift; • Variations to roof in the vicinity of the plant roof north. Additional roof area to be provided over the SW corner; • Emergency egress doors reconfigured; • Retail entry adjusted to include revision to Accessible ramp and the relocation of the Fire Control Centre; • Adjustment to the car park entry portal and retail glazing above; • Adjustments to the location of mechanical louvre panels; • The extent of car park entry signage and capacity shown dashed; • Additional handrails to external stairs and additional egress doors shown; • Additional mechanical roof vents and lift over run to library shown; • Revision to retail entrance and windows adjacent to internal stair 2; • Additional mechanical roof vents shown;
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• Relocation of smoke exhaust vents shown; • Additional mechanical roof vents and library lift over run shown; and • The extent of car park entry signage and capacity shown dashed.
Comment The changes listed above do not need to be considered individually or in detail, these changes have no impact upon the assessment of issues previously discussed and will have no adverse impact upon any component of this development or upon the immediate and surrounding Environment.
3. Referrals (External and Internal) The application was referred to the following external agencies: • Roads and Traffic Authority of NSW (Sydney Regional Development Advisory Committee); and • Sydney Catchment Authority.
A summary of each referral is provided below:
Roads and Traffic Authority of NSW (Sydney Regional Development Advisory Committee) NSW’s (the RTA) Sydney Regional Development Advisory Committee (SRDAC) on 10 February 2010 and no objections were raised to the proposal. Existing conditions applied to the original approved development application are required to be applied. There are no outstanding issues which result from the s.96 application.
Sydney Catchment Authority The development application was referred to the Sydney Catchment Authority (the SCA) in accordance with s. 96 (2)(b) of the EP&A Act 1979. A response from the SCA in relation to conditions imposed as a requirement of concurrence was received by the Council on 8 April 2010. There is no objection to the modification subject to the imposition of a number of conditions relating to stormwater management and construction and erosion management.
Comment All of the conditions identified by the SCA have been included in Attachment 1.
Conclusion Overall the proposal remains of a high quality and will result in significant benefits for the local community and visitors to Katoomba. The Cultural Centre, which includes the proposed art gallery, library, café and significant public courtyard areas with extensive views of the spectacular local setting, will be a significant resource for the local community. In addition it will attract tourists who will be able to experience the cultural attributes of Katoomba whilst enjoying Katoomba’s natural setting.
The retail centre, which is anchored by a Coles supermarket, will provide additional shopping facilities for residents of Katoomba and the Blue Mountains. The increase in floor area of the supermarket component will encourage the retention of spending by locals within the community as well as creating additional jobs.
The increased provision of parking on site will adequately service the demands of the proposal which will relieve potential parking demand in surrounding local streets.
The proposed COLES sign to be located on the southern elevation is the single aspect of the s.96 application which is not supported as it does not respond appropriately to architectural elements of the elevation, is unrelated to the Cultural Significance of the Cultural Centre facility in that location, and is inconsistent with the signage strategy developed for the site.
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The sign is also considered to be contrary to the provisions of SEPP 64 as previously discussed.
In conclusion, the proposal largely satisfies (excluding advertising signage) the relevant statutory and non-statutory planning policies and instruments, subject to the conditions of consent.
ATTACHMENTS/ENCLOSURES
1 Conditions of Consent 10/73990 Attachment 2 Plans 10/73986 Attachment 3 Independent Review - David Ryan 10/73993 Attachment 4 Applicant's submission of 24 May 2010 10/76801 Attachment
* * * * * * * * * *
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Attachment 1 - Conditions of Consent
A. Preliminary
Confirmation of relevant 1. 1. To confirm and clarify the terms of consent, the development shall be plans – Amended 18th carried out in accordance with the following plans and accompanying supportive May 2010 documentation, except as otherwise provided or modified by the conditions of this consent:
Plan No. Prepared by Date Issue 2. D 3. Scott 4. Nov 5. E A A000 Carver/HASSELL 2009 6. D 7. Scott 8. 27 9. E A A001 Carver/HASSELL Nov 2009 10. D 11. Scott 12. 27 13. E A A002 Carver/HASSELL Nov 2009 14. D 15. Scott 16. 27 17. C A A003 Carver/HASSELL Nov 2009 18. D 19. Scott 20. 9 21. D A A004 Carver/HASSELL Dec 2009 22. D 23. Scott 24. Apri 25. F A A005 Carver/HASSELL l 2010 26. D 27. Scott 28. 30 29. C A A006 Carver/HASSELL Nov 2009 30. D 31. Scott 32. 30 33. C A A007 Carver/HASSELL Nov 2009 34. D 35. Scott 36. Apri 37. F A A008 Carver/HASSELL l 2010 38. D 39. Scott 40. Apri 41. C A A009 Carver/HASSELL l 2010 42. D 43. Scott 44. 27 45. C A A010 Carver/HASSELL Nov 2009 46. D 47. Scott 48. Apri 49. E A A011 Carver/HASSELL l 2010 50. D 51. Scott 52. Apri 53. D A A012 Carver/HASSELL l 2010 54. D 55. Scott 56. 30 57. B A A013 Carver/HASSELL Nov 2009 58. D 59. Scott 60. Apri 61. C A A014 Carver/HASSELL l 2010 62. D 63. Scott 64. Apri 65. D A A015 Carver/HASSELL l 2010 66. D 68. Scott 69. Nov 70. D A A019 Carver/HASSELL ember 2009 67. A mended in red
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71. Dr 72. Hughes Trueman 73. 21 74. N awing May 2008 ot SK01 75. st ated 76. Dr 77. Hughes Trueman 78. 2 79. C awing September SK20 2008 80. Dr 81. Hughes Trueman 82. 2 83. C awing September SK21 2008 84.
85. Phasing of construction 1A 86. Construction phases of the development are to occur in accordance with the phasing plan described in application XM/786/2007/B, as follows: Additional condition 87. Inserted 88. Phase 1 - Preparatory Site Works including: 15 February 2010 1. Erection of fencing/hoarding around the perimeter of the lots on which works will be undertaken, being Lot 1 DP 123748 (former TAFE site) and Lot 1 DP 566097 (former Motor Registry site). All fencing/hoarding (including any support anchors) will be wholly located within the boundaries of the site on which the Phase 1 works will be undertaken. 2. Demolition of existing building / car park (on Lot 1 DP 123748) structures. 3. Archaeological investigation works. 4. Site remediation works including the removal of any soil and imported material (to the level of bedrock), contaminated material and solid waste. No excavation of rock will occur in Phase 1. 5. Provision of batters around the perimeter of the site on which the Phase 1 works will be undertaken. 6. Disconnection of in-ground high voltage (HV) cables in the east- west section of College Lane. The cables will be temporarily reconnected with overheard HV cables (using new and existing poles) during the Phase 1 works and will be reinstated as in- ground cables at the completion of the Phase 2 works (Note:- This work will require a road opening permit). 89. Phase 2 - Building Works including: 1. Bulk excavation, piling and shoring including the provision of any temporary rock anchors (Note:- Where these rock anchors are located on adjoining properties, the written permission of the owners of those properties is required prior to the installation of those anchors). 2. Construction of the retail centre and Blue Mountains Cultural Centre main building.
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90. Civil works in College Lane and Parke Street. 91. A reference in this consent to the terms “Phase 1”, “Phase 2” or “Phase” is to be read as a reference to the phases described in this condition. 92.
Period of development 2. Physical commencement of construction is required within a five (5) consent year period from the date on which the consent becomes operational pursuant to s.95 (Lapsing of Consent) of the Environmental Planning and Assessment Act 1979.
Construction certificate 3. A construction certificate is required prior to the commencement of (building) any site or building works in Phase 2 of the development. This Amended certificate can be issued either by Council as the consent authority or 15 February 2010 by an accredited certifier.
B. Engineering Works
Council’s Specifications for 4. 93. All engineering works required by this development Engineering Works (including sediment and erosion controls, road, access, footpath and drainage works) are to be in accordance with the Council's Specification for Engineering Work for Subdivisions and Development, Part 1—Design and Part 2—Construction (Development Control Plan No. 31), Australian Rainfall and Runoff 1987, The Australian Runoff Quality, A Guide to Water Sensitive Urban design 2006, AS 2890 and other relevant Australian Standards.
The design and construction is to include any additional works to make the construction effective.
Sydney Catchment Authority 5. General - Stormwater management 1. The works and site layout are to be as specified in the Amended development application report and as shown on the Site Plans 8 June, 2010 prepared by ScottCarver Pty Ltd (Project No. 20090004 DA_A001 to DA_A004; Issues C, D & E; dated 27 November & 9 December 2009 and Project No. 20060030 DA_A005 to DA_A007; Issues C & F; dated 30 November 2009 & 1 April 2010). Any revision to the site layout or works is to be agreed to by the Sydney Catchment Authority; Reason for Condition 1- The Sydney Catchment Authority has based its assessment under the Drinking Water Catchments Regional Environmental Plan No. 1 on this version of the development; Stormwater Management 2. All stormwater treatment and management measures and associated drainage works, as shown in the Civil Works Plans (Drawing Nos. 06P071 C-20 & C-21; Issue F; dated 22 March 2010) and as specified in the revised Stormwater Management Report
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(dated 1 April 2010) prepared by HughesTrueman Pty Ltd, are to be implemented in particular as elaborated in the conditions below: • rainwater tanks with a minimum total capacity of 120,000 litres are to be installed to collect all roof runoff from the buildings; • the rainwater tanks are as a minimum to be plumbed to toilets, hot water system and other areas for non-potable use; • a gross pollutant trap (Rocla First Defence FD450 or equivalent) is to be installed to capture and treat stormwater runoff; • an onsite stormwater detention tank or tanks with a minimum total capacity of 80,000 litres are to be installed and otherwise to Council’s requirements; • any variation to stormwater treatment and management is to be agreed to by the Sydney Catchment Authority; 3. All stormwater management structures are to be regularly inspected, cleaned and maintained in accordance with manufacturer’s specifications; Reason for Conditions 2 & 3 – To ensure appropriate stormwater management and quality control measures are installed and managed to ensure a sustainable neutral or beneficial impact on water quality particularly during wet weather over the longer term; Construction Activities 4. A Soil & Water Management Plan (SWMP) is required for all site works proposed as part of the development. The SWMP is to be prepared by a person with knowledge and experience in the preparation of such plans and is to incorporate the elements of Section 4 of the revised Stormwater Management Report (dated 1 April 2010) prepared by HughesTrueman Pty Ltd. The SWMP is to meet the requirements outlined in Chapter 2 of the NSW Landcom Soils and Construction: Managing Urban Stormwater (2004) manual – the “Blue Book” – and be to the satisfaction of Council; 5. Effective erosion and sediment controls are to be installed prior to any construction activity. The controls must be prevent sediment entering the Council’s stormwater drainage system and are to be regularly maintained and retained until works have been completed and groundcover established; Reason for Conditions 4 & 5 – To manage adverse environmental impacts and water quality impacts during the construction stage of the development and to minimise the risk of erosion, sedimentation or pollution within or from the site during this construction phase.
Stormwater 6. 94. Stormwater discharged from the subject site shall be connected to Council’s piped drainage system in either College Lane or Parke Street. 95. Where required, this shall include extensions of Council’s piped drainage system.
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The public drainage system must be designed to have the capacity to convey 20 year ARI flows which would be collected from (a) the subject site; and (b) the section of street extending from the subject site to the Parke Street crest.
Stormwater 7. 96. The applicant shall bear the costs of the following works: • Stormwater drainage works involving the extension of Council’s stormwater drainage system to the frontage of the site; • Reconstruction, to the satisfaction of Council, of the kerb, footpath, vehicular crossings and pavement reinstatement associated with the extension of the public drainage system; and • Traffic control measures associated with the extension of the public drainage system.
Stormwater 8. 97. Engineering plans, including longitudinal sections along the public drainage system extension, together with detailed calculations that clearly demonstrate the criteria of Conditions 21 and 6 have been achieved, must be prepared. The design of all pipe extension works within the road reserve shall be submitted to and approved by Council pursuant to the Roads Act 1993 prior to these works commencing.
Site stormwater drainage 9. 98. All stormwater runoff from impervious areas of the site are to system be collected and drained by a gravity underground stormwater system to the Parke Street and College Lane drainage system. Provision shall be made for an emergency overland flow path capable of conveying all surcharge flows up to and including the 1 in 100 years ARI storms to the public road network. The stormwater drainage system shall include a sump and pump drainage system within the basement car park that discharges flows into the site piped drainage system upstream of the GPT/OSD.
Gross pollutant trap and oil 10. In order to treat the contaminated runoff generated from the total site and grease separator a gross pollutant trap and oil and grease separator shall be installed onsite immediately upstream of the onsite detention system. All stormwater runoff generated from the site is to be collected and piped to the gross pollutant trap and oil and grease separator prior to discharging into Council’s drainage system via the OSD.
C. Prior to commencement of works in Phase 1 (Heading amended 15 February 2010)
Sydney Catchment Authority 11. 99. A Soil & Water Management Plan (SWMP) shall be - Construction Activities submitted for the Council’s consideration and approval for each Phase of the development. Each SWMP shall be prepared having Amended regard to the nature of the works to be undertaken in that Phase. 15 February 2010 100. To enable the Council reasonable time to assess and
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finalise the approval, the following requirements are to be met: 101. a) the SWMP for Phase 1 shall be submitted at least 10 business days prior to the intended commencement date for works in that phase. 102. b) the SWMP for Phase 2 shall be submitted at least 15 business days prior to the intended commencement date for works in that phase. 103. Works in relation to a particular Phase shall not commence until the Council has provided written notice of the approval of the SWMP for that Phase. 104. The SWMP’s are to be prepared by a person with knowledge and experience in the preparation of such plans and are to incorporate the elements of Section 4 of the revised Civil Engineering report (dated 17 June 2008) and the Erosion and Sediment Control Plan (Drawing No. 06P071 C-DAC01, Issue D, dated 4 June 2008) prepared by HughesTrueman Pty Ltd. The SWMP’s are to meet the requirements outlined in Chapter 2 of the NSW Landcom’s Soil and Construction: Managing Urban Stormwater (2004) manual – the “Blue Book” – and to be the satisfaction of Council.
Construction Management 12. 105. A Construction Management Plan (CMP) shall be submitted Plan for the Council’s consideration and approval for each Phase of the development. Each CMP shall be prepared having regard to the nature of the works undertaken in that particular Phase. Amended 106. To enable the Council reasonable time to assess and 15 February 2010 finalise the approval, the following requirements are to be met:
107. a) the CMP for Phase 1 shall be submitted at least 10 Amended business days prior to the intended commencement date for 8 June, 2010 works in that phase. 108. b) the CMP for Phase 2 shall be submitted at least 15 business days prior to the intended commencement date for works in that phase. 109. Works in relation to a particular Phase shall not commence until the Council has provided written notice of the approval of the CMP for that Phase. 110. The CMP’s shall contain the following detail:- 111. (a) the construction program 112. (b) routes of construction/earth moving vehicles, with construction traffic not to access the site via College Lane, (except in relation to specific works within College Lane road reserve). 113. (c) proposed hoarding location, type, height, and duration, including proposed methods to ensure the safe and convenient use of the public parking facility. Note:- a separate approval is required under the Roads Act 1993 for the erection
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of any hoardings in College Lane or Parke Street. 114. (d) proposed method for maintenance of safe pedestrian access along the Parke Street and College Lane frontages of the site at all times. 115. (e) In accordance with the Noise Assessment prepared by Wilkinson Murray (Report No. 06104 version B, dated June 2007), construction during the noisiest phases must be limited to the DECC recommended standard hours of 7.00am-6.00pm Monday to Friday and 8.00am-1.00pm Saturdays, with no audible work permitted on Sundays or Public Holidays, except with the written approval of Council. 116. (f) A Construction Pedestrian and Vehicle Traffic Management Plan (refer to Condition No. 13). (g) location of site shed & toilet.
Construction Pedestrian and 13. 117. A Construction Pedestrian and Vehicle Traffic Management Vehicle Traffic Management Plan (CP&VTMP) prepared by a suitably qualified person shall be Plan submitted for the Council’s consideration and approval for each Phase of the development. Each CP&VTMP shall be prepared having regard to the nature of the works undertaken in that particular Phase. Amended 118. To enable the Council reasonable time to assess and 15 February 2010 finalise the approval, the following requirements are to be met:
119. a) the CP&VTMP for Phase 1 shall be submitted at least 10 business days prior to the intended commencement date for works in that phase. 120. b) the CP&VTMP for Phase 2 shall be submitted at least 15 business days prior to the intended commencement date for works in that phase. 121. Works in relation to a particular Phase shall not commence until the Council has provided written notice of the approval of the CP&VTMP for that Phase. 122. Where relevant to the works relating to a particular phase, the CP&VTMP’s are to address (but not be limited to) the following: • All works within College Lane and Parke Street, which may affect pedestrian and vehicle movement in public places. • Safety of public. • A schedule of the construction program. • Details of the average daily volume of truck movements to/from the site during the various Phases of site works (eg demolition, excavation, construction). • Details of the proposed construction vehicle access routes. • Traffic Control Plans which outline how pedestrian/traffic movements around the site and access to adjacent properties are to be managed during Phase 1 and Phase 2. • Traffic Control Plans details how construction vehicle movements
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entering and exiting the site are to be managed. • Materials storage and handling for works both internal and external to the site. • Deliveries and construction traffic for works both internal and external to the site. • Provision of a full-time traffic controller in College Lane to ensure safe vehicle access to the properties accessed via College Lane, including the existing Civic Centre dock off College Lane. • Proposed delivery/loading/storage locations, noting that Parke Street, other roads and the public car park that are not proposed to be altered as part of the development shall not be used as loading or storage locations. • Details of the proposed parking and access arrangements for workers and sub-contractors. • A strategy to replace/relocate the 13 spaces off College Lane during the period of construction in Phase 2 (or otherwise to Council’s satisfaction). Safety devices such as signs, barricades, barriers, warning lights etc. shall be placed where works affect the Council roads and shall be in accordance with Australian Standard No. 1742—Manual of Uniform Traffic Control Devices and Roads and Traffic Authority Manual— Traffic Control at Work Sites 1998. Details are to be included in the Traffic Management Plan Report.
Road opening permit 13 123. A Road Opening Permit under the Roads Act 1993 shall be A obtained from the Council prior to disconnection of the in-ground high Additional condition voltage (HV) cable and the installation of temporary overheard HV in inserted College Lane in Phase 1 of the development 15 February 2010
Waste and Recycling 14. Phase1 Management Plan 124. A comprehensive Waste and Recycling Management Plan (W&RMP) shall be submitted for the Council’s consideration and approval for Phase 1 of the development. 125. The W&RMP shall be submitted at least 10 business days Amended prior to the intended commencement date of Phase 1, to enable the 15 February 2010 Council reasonable time to assess and finalise the approval. No works shall commence until the Council has approved the W&RMP.
126. Phase 2 127. A comprehensive W&RMP for Phase 2 of the development shall be approved by the Principal Certifying Authority prior to the commencement of works on this Phase. 128. Completed development 129. A comprehensive Waste and Recycling Management Plan (W&RMP) shall be submitted for the Council’s consideration and
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approval for the operational phase of the completed development, prior to the issue of any Occupation Certificate.
130. All W&RMP’s must be prepared in accordance with Section 4.7 of the “Ecologically Sustainable Development (ESD) Design Report”, (dated 16 July 2007 and prepared by Heggies Pty Ltd). Each W&RMP shall be prepared having regard to the nature of the works undertaken in that particular Phase. 131. The Waste and Recycling Management Plan for the ongoing operation of the completed development must address all uses within the development, including but not limited to: • The Coles supermarket; • The specialty retail stores/kiosks; • The podium level café; • The library; and, • The art gallery.
Performance, damage and 15. 132. Prior to the commencement of works in Phase 1, a defects bond performance, damage and defects bond to the value of $50,000 must be lodged with the Council. The bond is to cover all works, safety Amended and environmental controls internal and external to the site. 15 February 2010 133. The bond can be in the form of an unconditional bank guarantee or cash deposit. 134. A fee is payable upon lodgement of the bond and application for release of the bond in accordance with the Council’s schedule of fees and charges. 135. The bond is refundable on application, twelve (12) months after the completion of all work in Phase 2 subject to satisfactory performance of the works.
Approval under the Roads 16. 136. Condition 16 – deleted Act 1993 for erection of a 137. Note: hording within the public 138. Incorporated into original Condition 39 (Installation of site road reserve safety fencing/hoarding)
Amended 15 February 2010
Dilapidation report on 17. A dilapidation report on Council’s surrounding public roads and surrounding Council assets drainage system is to be prepared by the applicant and submitted to Council at least 10 business days prior to the intended Amended commencement date for works in Phase 1. The dilapidation report is 15 February 2010 to include the route of trucks transporting excavated material from the development site to the Great Western Highway.
Building dilapidation report 18. 139. A dilapidation report on the adjoining building shall be prepared by the applicant and submitted to the Council at least 10
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Amended business days prior to the intended commencement date for works in 15 February 2010 Phase 1. 140. (Note: separate dilapidation report for Phase 2 required by Condition 36A).
D. Prior to issue of a construction certificate (Heading amended 15 February 2010)
Coles signage 19. 141. The Coles signage is not to protrude beyond 300mm from the wall to which the structure is attached. 142. Compliance shall be illustrated on the Construction Certificate plans.
Screening of roof 20. 143. So as to minimise any visual impact the above roof “chimneys” “chimneys” must be visually integrated with the roof through the use of compatible colours and materials. 144. Compliance shall be illustrated on the Construction Certificate plans.
Stormwater 21. 145. Discharge rates from the subject site shall be restricted to pre-developed flow rates for all frequency and durations of storms up to and including 100yr ARI events. For these storms, the event volume directed to College Lane shall not be increased from the pre- development scenario. 146. 147. Any on site detention system shall be designed to incorporate the following: 148. a. All finished floor levels are to be located a minimum 100 mm above the 1 in 100 year ARI top water level. 149. b. An emergency overflow facility capable of safely conveying all storms up to and including the 1 in 100 year ARI storm to the public road. 150. c. Allowable storage depth shall be underground tanks with 0.8 metres minimum depth. 151. Engineering plans prepared by a qualified person and endorsed by a chartered civil engineer with NPER registration together with certification verifying the above requirements have been met shall be submitted to the Principal Certifying Authority for approval prior to the issue of the Construction Certificate.
Accessibility 22. 152. To ensure appropriate access and facilities are provided Amended having regard to the Disability Discrimination Act 1992, the 8 June, 2010 development and associated works as identified in this consent shall be designed and constructed to comply with Clause 107 (Access to public buildings and public land) and relevant provisions of Katoomba
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Precinct VTC-KA06 of Local Environmental Plan 2005, Australian Standard AS1428 (Design for Access and Mobility) and Council’s Better Living Development Control Plan (cl. D9.12). 153. 154. In accordance with the “Access Audit of DA Drawings” (dated June 2007) which was prepared by Access Associates Sydney and accompanied the development application, the development must comply with the following accessibility requirements (as well as any other provisions required to ensure compliance with the above provisions or standards): 155. 156. a) The entrance and vehicular path of travel to all accessible car spaces must have an unobstructed floor to ceiling height of 2.3m and the accessible car spaces must have an unobstructed floor to ceiling height of 2.5m to comply with AS2890.1 and DR04021. 157. b) College Lane Entry of the Retail Level: 158. (i) The ramp design must include features to fully comply with AS1428.1 clause 5 and figure 1 including handrails on both sides and tactile ground surface indicators (tgsi) at the top and bottom of the ramp. 159. (ii) The stair design must meet the requirements of AS1428.1 clause 9 and figure 17 to include tactile ground surface indicators (tgsi) correctly located at the top and bottom, complying handrails on both sides of the stairs and highlighting on the tread at the nosing, in a solid strip 50mm to 75mm wide with a 30% luminance contrast to the background. 160. c) Parke Street Entry of the Retail Level: 161. (i) The stair design must meet the requirements of AS1428.1 clause 9 and figure 17 to include tactile ground surface indicators (tgsi) correctly located at the top and bottom, (set back 300mm from the last tread and in a band 600mm deep) complying handrails on both sides and centrally on the stairs and highlighting on the tread at the nosing and at the end of each bottom step, in a solid strip 50mm to 75mm wide with a 30% luminance contrast to the background. 162. (ii) The ramp design must include features to fully comply with AS1428.1 clause 5 and figure 1 including handrails on both sides and tactile ground surface indicators (tgsi) at the top and bottom. 163. d) Retail Outlets - The retail entries must have a threshold which is level and no lip greater than 5mm is created for the full width of the entry. 164. e) Accessible Sanitary Facilities on the Retail Level: 165. (i) The accessible sanitary facility must include
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circulation spaces for the WC pan and basin and fittings to fully comply with the BCA F2.4 and AS1428.1 clause 10 and to include signage complying with the specifications of the BCA D3.6, to be tactual and Braille and to incorporate the international symbol of access and provided on the wall on the latch side of the door. The following fittings must comply with AS1428.1: • toilet paper dispenser is provided in the zone to meet the requirements of AS1428.1 figure 20 • grabrails are provided as per figure 21 • a flat mirror is provided at 900-1800mm AFFL as per AS1428.1 clause 10.4.1 • soap dispensers, paper towel/hand dryer are provided at 900-1100mm AFFL as per AS1428.1 clause 10.4.3 • a shelf is provided at 900-1100mm AFFL as per AS1428.1 clause 10.4.2 and to meet the BCA F2.4 • a clothes hook is provided at 1200-1350mm AFFL as per AS1428.1 clause 10.4.4. • The floor should have a minimum 30% luminance contrast with the walls 166. (ii) Cubicles for people with ambulant disabilities must be included in male and female toilet areas. 167. f) Cultural Centre Entry: 168. (i) The ramp design must include features to fully comply with AS1428.1 clause 5 and figure 1 including handrails on both sides and tactile ground surface indicators (tgsi) at the top and bottom (of the ramp.) 169. (ii) The stair design on all stairs must meet the requirements of AS1428.1 clause 9 and figure 17 to include tactile ground surface indicators (tgsi) correctly located at the top and bottom, complying handrails on both sides and highlighting on the tread at the nosing, in a solid strip 50mm to 75mm wide with a 30% luminance contrast to the background. 170. g) Cultural Facilities 171. (i) A single leaf opening of all double hinged doors must be provided on accessible paths of travel and provide an 800mm minimum clear door (850mm recommended to meet the intent of the DDA) opening to meet AS1428.2 clause 11.5.3 requirements. 172. (ii) There must be no abutments exceeding 5mm in the continuous accessible path of travel to comply with AS1428.1 clause 5.1.2 173. h) Accessible Sanitary Facilities on the Cultural Centre Level: 174. (i) The accessible sanitary facilities must include
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circulation spaces for the WC pan and basin and fittings which fully comply with the BCA F2.4 and AS1428.1 clause 10 and to include signage complying with the specifications of the BCA D3.6, to be tactual and Braille and to incorporate the international symbol of access and provided on the wall on the latch side of the door. The following fittings must comply with AS1428.1: • toilet paper dispenser is provided in the zone to meet the requirements of AS1428.1 figure 20 • grabrails are provided as per figure 21 • a flat mirror is provided at 900-1800mm AFFL as per AS1428.1 clause 10.4.1 • soap dispensers, paper towel/hand dryer are provided at 900-1100mm AFFL as per AS1428.1 clause 10.4.3 • a shelf is provided at 900-1100mm AFFL as per AS1428.1 clause 10.4.2 and to meet the BCA F2.4 • a clothes hook is provided at 1200-1350mm AFFL as per AS1428.1 clause 10.4.4. • The floor should have a minimum 30% luminance contrast with the walls 175. (ii) The public gender specific toilet areas must include cubicles for people with ambulant disabilities to meet the requirements of AS1428.1 Figures 38 and 39. 176. i) Vertical Access 177. The passenger lifts must have features to fully comply with AS1735.12 and BCA E3.6 including independent operation, provision of a handrail and call & control buttons meeting the requirements for tactile and Braille and luminance contrast. The inclusion of auditory announcement for travel over 3 levels is also required. 178. Compliance with the above requirements shall be demonstrated in documentation submitted with the Construction Certificate application.
Onsite parking 23. 179. Prior to issue of a Construction Certificate the applicant must arrangements prepare detailed signposting and road marking plans for the proposed carparking and loading dock areas in accordance with AS 2890.1 Amended (2004) and AS 2890.2 (2002) by an appropriately qualified engineer. 8 June, 2010 This is to include: • Disabled spaces to be 3.8m wide & 5.5m long, with 2.5m overhead clearance, & 2.3m unobstructed floor to ceiling height on paths of travel. • Provision of spaces for bicycles and motor bikes. • Provision of 2 large spaces on level B1 for emergency vehicles only (& signpost as such) adjacent to travelator entry door
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• Painted arrows directions & appropriate signage at the car park entrance/exit off Parke Street.
Approval under the Roads 24. 180. Prior to issue of a Construction Certificate, detailed Act 1993 for construction engineering plans and specifications of all proposed works within the within the public road Council’s road reserves are to be submitted to and approved by Blue reserve Mountains City Council pursuant to the Roads Act 1993. 181. The plans are to include: • Full details of all proposed linemarking and signposting in College Lane, Pryor Place and Parke Street • Certification of all design of structural items such as retaining walls and suspended slabs that are proposed within and adjacent to the road reserve. The suspended slabs are to be designed for the heaviest wheel loading in accordance the RTA standards. Design plans and specifications are to be submitted with the Roads Act application, and are to be certified by a chartered Civil Engineer with NPER registration as complying with the Council Design and Construction Standards contained within DCP31.
On-site Landscape and 25. a) A detailed On-site Landscape and Public Domain Plan prepared Public Domain Plan and shall be submitted for approval by the Principal Certifying Authority prior to release of the Construction Certificate. The detailed landscape plan shall be in accordance with the concept landscape plan shown on the plan numbered DA_A015 (Issue B), as applicable to the on-site works, as amended below: • The low level shrub planting, identified as being Cissus rhombifolia “Ellen Danica”, shall be replaced with either Dianella hybrid “Silver Streak”, Dianella “Little Jess”, Juniperous conferta or Myoporum parvifolium (prostrate form). • The trained creeper, identified as Wisteria floribunda, shall be replaced with Ornamental grape Vitis vinifera 182. Note: Off-site landscaping and public domain works, including the trees located on the Parke Street footpath, are to be addressed in the Off-site Landscape and Public Domain Plan (refer to Condition 26).
b) In addition, the On-site Landscape and Public Domain Plan must: • Identify planter detail, including drainage and irrigation provisions. • Include details of the plants selected for use (Common and Scientific Names), plant numbers, planting density and size at planting, soil preparation and amendments, plus an indicative maintenance regime.
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• Establish maintenance and general establishment requirements. All plants and landscaping on the site are to be maintained at all times. • State that all plants shown must be in an advanced stage of growth at the time of planting (minimum 10 litre container for shrubs). • Identify that there must be a substantial (6 months or longer) plant establishment clause to ensure vital early training to shrubs and climbers and replacement of failures. Any plants that die or are removed must be replaced with plants of the same species and of a similar stage of growth. • Identify that there is to be a minimum of 700mm planting soil. • Identify an appropriate pavement material for the Cultural Centre courtyards which is of a non-slip, non-porous type that will not readily be colonised by moss, moulds & algae, and requires minimal cleaning. • Identify appropriate directional signage, street furniture, lighting and light fittings, which complement and reinforce links to prominent adjoining public places.
Off-site Landscape and 26. a) A detailed Off-site Landscape and Public Domain Plan prepared Public Domain Plan and shall be submitted for approval by Council prior to release of the Construction Certificate. The detailed landscape plan shall be in accordance with the concept landscape plan shown on the plan numbered DA_A015 (Issue B), as applicable to the off-site works. 183. Note: • The species of the proposed new street trees shall be selected by Council. Council will also inform the size of trees to be planted. • On-site landscaping and public domain works are to be addressed in the On-site Landscape and Public Domain Plan (refer to Condition 25). b) In addition, the Off-site Landscape and Public Domain Plan must: • State that all plants shown must be in an advanced stage of growth at the time of planting (minimum 20 litre container for trees and 10 litre container for shrubs). • Establish maintenance and general establishment requirements. All plants and landscaping on the site are to be maintained at all times. • Identify that there must be a substantial (6 months or longer) plant establishment clause to ensure vital early training to trees and replacement of failures. Any plants that die or are removed must be replaced with plants of the same species
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and of a similar stage of growth. • Provide tree pits with a minimum root run of 12M3. • Use porous grout instead of mulch. • Identify appropriate street furniture, lighting and light fittings. • Paving material will be specified by BMCC. • Mulching, tree guards and other finishes are to be in accordance with Council’s Technical Manual. • The subgrade beneath the entire footpath to be excavated to a minimum of 700mm; drainage, structural soil and irrigation/aeration installed to latest NATSPEC specification and technical detail supplied by the Council. c) The Off-site Landscape and Public Domain Plan must provide detailed measures which will be implemented during the construction period to ensure that the safe useful life expectancy of any trees to be retained is not compromised during the demolition or construction process. 184. If, in the course of essential excavation works, any tree suffers irreversible damage to the critical root zone, additional tree removal may be undertaken only following Council notification. Replacement planting of a Council approved canopy species would be a requirement should this situation arise. d) Canopy and/or root pruning of the following tree/s which is necessary to accommodate the approved building works shall be undertaken by an experienced arborist / Horticulturist, with a minimum qualification of the Horticulture Certificate or Tree Surgery Certificate: • Tree roots between 10mm and 50mm diameter, severed during excavation, shall be cut cleanly by hand and the tree subsequently treated with a root growth hormone and wetting agent, by an experienced Arborist/Horticulturist with a minimum qualification of the Horticulture Certificate or Tree Surgery Certificate • No tree roots of 50mm or greater in diameter located within the specified radius of the trunk/s of the following, tree/s shall be severed or injured in the process of any site works during the construction period. e) In order to ensure successful establishment of street tree landscape elements, the following inspections are required. The site supervisor/landscape contractor is to provide not less than 48 hours notice so that BMCC’s representative can make the following inspections/ viewing: • Continuous tree trenches excavated with drainage installed, prior to installation of structural soil • Plant material delivered to site, set out & placed in pits prior to backfilling, and containers and/or wrapping removed from
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tree pit. • Tree planting completed. • Completion of plant establishment period.
Payment of Builders Long 27. 185. Payment of BLSL for all works (internal and external) prior to Service Levy (BLSL) the issue of the Construction Certificate.
Structural Design 28. 186. The design of all structural works shall be certified by a Certification chartered structural engineer (NPER–3 Structural registered) as conforming to the relevant standards and load capacities. The certification is to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. Certification of all structural design for works within the public road reserves is to be submitted to Council prior to issue of the Roads Act approval.
Maintenance of 29. To enable waste garbage bins and storage areas associated with the waste/loading management development to be effectively cleaned and to prevent foul odours, areas garbage bin washing area is to be provided to the development and provided with a water supply through a hose tap and paved with an impervious material and graded and drained to an approved waste disposal system in accordance with Council’s Better Living DCP.
Capacity indicator for 30. To enable safe and convenient use of the basement parking facility basement parking facility by customers of retail facilities, details of the electronic capacity indicator to be provided at the entrance of the basement facility shall be submitted to and approved by the Principal Certifying Authority prior to the release of the construction certificate.
Roof reflectivity 31. 187. [Deleted] Deleted 8 June, 2010
Services 32. a. The development shall be connected to the Sydney Water reticulated sewerage and water supply systems. b. Arrangements must be made with Integral Energy, Sydney Water and an approved telecommunications service provider for the extension of services to and within the site. Written evidence of such arrangements are to be submitted prior to the issue of the construction certificate. c. In this regard a Section 73 Certificate is to be obtained from Sydney Water prior to issue of a Construction Certificate. Alternatively, a letter is to be obtained from Sydney Water stating that there are no objections to the issue of a Construction Certificate in which case a Section 73 Certificate is to be obtained prior to use or occupation of the facilities. d. Any relocation, alteration or new public utility infrastructure
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made necessary as a result of this development is to be carried out at no cost to Council or the community, with satisfactory arrangements being made with the authority concerned, and a certificate of clearance obtained from each relevant authority and submitted to the Principal Certifying Authority prior to release of the Construction Certificate.
188. A copy of written evidence or certificates referred to in (b), (c) and (d) above are to be supplied to Council for its records.
Electricity substation 33. The applicant must liaise with Integral Energy regarding the provision condition of two pad-mount substations, the design of which accord with the following plans referenced in the letter from Integral Energy of 21 April 2010: PSA 7474_A005_Rev F dated 1/4/2010 PSA 7474_A008_Rev F dated 1/4/2010 PSA 7474_A009_Rev C dated 1/4/2010 PSA 7474_A012_Rev D dated 1/4/2010 PSA 7474_A014_Rev C dated 1/4/2010 PSA 7474_A015_Rev D dated 1/4/2010 DA_A011 Sections Sheet 2_E dated 1/4/2010 Documentation demonstrating that the configuration depicted in the abovementioned plans conforms with Integral Energy’s requirements shall be provided to Principal Certifying Authority prior to the issue of a Construction Certificate.
E. Prior to commencement of works in Phase 1 and Phase 2 (Heading amended 15 February 2010)
Construction Certificate for 34. 189. Prior to the commencement of any works in Phase 2 of the works development, a Construction Certificate is to be issued by an appropriately accredited Certifier. Amended 8 June, 2010
Demolition of Buildings 35. The applicant is to notify Council and adjoining residents, in writing, at containing asbestos cement least ten (10) working days prior to demolition commencing, of their intention to commence demolition works. In the case of adjoining residents, such notification is to be a clearly written note, on at least note pad size paper, giving the date demolition will commence and be placed in the letterbox of every premises (including every residential flat or unit, if any) either side and immediately to the rear of the demolition site.
Notification to the Council of 36. At least 2 days prior to commencement of works, written notice of the commencement of Works intention to commence site works is to be provided to Blue Mountains City Council in accordance with the Environmental Planning and Assessment Regulation.
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Building dilapidation report 36 190. A dilapidation report for those buildings fronting the A. development site on College Lane shall be submitted to Council at New condition inserted least 10 business days prior to the intended commencement date for 15 February 2010 works in Phase 2.
Sydney Catchment Authority 37. Effective erosion and sediment controls (in accordance with the - Installation of sediment approved Soil & Water Management Plan) are to be installed prior to and erosion controls any construction activity. The controls must prevent sediment entering the Council’s stormwater drainage system and are to be regularly maintained and retained until works have been completed and groundcover established.
Installation of pedestrian 38. 191. All pedestrian and traffic controls are to be installed in and traffic controls accordance with the approved Construction Pedestrian and Traffic Management Plan prior to the commencement of works and ongoing throughout the construction phase, as specified
Approval under the Roads 39. 192. To minimise the risk of unauthorised entry onto the site, Act 1993 for erection of a temporary site safety fencing/hoarding is to be erected around the hoarding within Parke Street site perimeter prior to the commencement of works in accordance and College Lane with Council’s Policy Temporary Fencing (Hoardings)/Barrier systems and the Work Cover Authority guidelines. Amended 193. An application for the erection of hoardings within Parke 15 February 2010 Street and/or College Lane in Phase 2 is to be submitted to Council for approval pursuant to the Roads Act 1993. 194. To enable the Council reasonable time to assess and finalise its assessment, the application shall be submitted at least 15 business days prior to the intended commencement date for works within a road reserve. 195. Hoardings shall not be erected until the Council has issued the Roads Act approval. Fees and charges for the hoarding approval and ongoing use of the public road reserve shall be charged in accordance with Council adopted Fee Schedule.
Builders details 40. Prior to any works commencing on the site, written advice as to the builder's details (name, address and licence number) is required for Council records.
Signage 41. 196. To ensure that the site is easily identifiable for deliveries and provides information on the person responsible for the site, a sign displaying the following information is to be erected: • The statement “Unauthorised access to the site is not permitted”. • The names of the builder or another person responsible for the site along with an out of hours contact number. • Lot or Street number.
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Removal of hazardous waste 42. 197. Removal of dangerous or hazardous materials shall be carried out in accordance with the provisions of all applicable State legislation and with any relevant recommendations published by the National Occupational Health and Safety Commission (Worksafe Australia). • Only competent persons, or competent and registered persons shall carry out removal. • Precautions to be observed and procedures to be adopted during the removal of dangerous or hazardous materials other than asbestos, shall be in accordance with the relevant State regulations pertaining to those materials.
Preconstruction meeting 43. Prior to commencement of any works within the public road reserve, a preconstruction meeting is to be held with the Council’s Supervising Engineer in relation to works within the public road reserves.
Insurance 44. 198. All contractors working the road reserve shall be covered for workers’ compensation and public liability insurance to the amount of $10 million. The policy shall specifically indemnify the Council from all claims arising from the execution of the works. Written evidence of this insurance shall be supplied to the Council's Supervising Engineer prior to commencement of works within the road reserve
Vibration Management Plan 45. 199. The effect of vibration and concussion on adjoining buildings and their occupants is to be minimised by selection of appropriate Amended demolition methods and equipment. 15 February 2010 200. Vibration Management Plans for each Phase of the development are to be prepared, provided to and approved by the Private Certifying Authority prior to the commencement of any proposed excavation works in Phase 1 and Phase 2. Where relevant, these plans are to include recommendations for: • performance standards to be met during works to be undertaken in that Phase (in terms of acceptable ground vibration); • strategies proposed for the management of ground vibration; and monitoring requirements for vibration through the construction phase. These plans are to be prepared and implemented by an appropriately experienced geotechnical engineer or engineering geologist.
Geotechnical Management 46. A Geotechnical Management Plan is to be submitted prior Plan commencement of works in Phase 2. The Geotechnical Management Plan is to be prepared for the site detailing the Amended requirements for temporary and permanent retaining structures for 15 February 2010 soil and rock excavations. Design of temporary and permanent retaining structures are to be completed and / or certified by an appropriately experienced geotechnical engineer or engineering
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geologist.
F. During Works in Phase 1 and Phase 2 (Heading amended 15 February 2010)
Plans on site 47. Copies of the stamped and approved plans, development consent, Roads Act approval and the construction certificate are to be on the site at all times.
Hours of site works/ 48. 201. Site works and construction are limited to 7.00am-6.00pm construction Monday to Friday and 8.00am-1.00pm Saturdays, with no audible work permitted on Sundays or Public Holidays, except with the written Amended permission of Council. 15 February 2010
Amended 8 June, 2010
Noise during site work and 49. 202. To minimise the potential for nuisance the following construction measures must be considered: • Use of alternative techniques, such as rock saws, when in close Amended proximity to identified retail areas. 15 February 2010 • Programming of works in the morning before shops open.
• Use of the quietest available plant, which is regularly maintained and fitted with appropriate mufflers; and, • Use of smaller rockbreakers. • Initial vibration testing should be conducted when excavation occurs within 5 metres of an adjacent building. The above measures should be addressed by the building contractor in their noise and vibration site management plan.
Noise and vibration 50. All equipment and machinery used in the demolition and remediation management work shall be operated in accordance so as not to give rise to “offensive noise” as defined in the Protection of the Environment Operations Act 1997.
Inspections of engineering 51. 203. To ensure all works are completed in accordance with the works within the road appropriate specifications and approved plans, compliance reserve certificates are to be issued at significant stages throughout the construction period. 204. The inspections are to be carried out by the Council’s Engineer, and an inspection fee will be payable in accordance with the Council’s current schedule of fees and charges. 205. The Council’s Engineer will require a minimum of 48 hours notice to conduct an inspection. 206. Inspections are required at the following hold points:
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a. Pre construction meeting. b. Road and footpath pavement and seal • After setout (prior to any excavation) • Laying and compaction of subgrade • Compaction of roadbase or placing reinforcement for concrete works • During sealing of pavements • Final – all disturbed areas revegetated. c. Kerb construction • After setout (prior to any excavation) • Laying and compaction of subgrade • Placement of stringline • During placement of kerb • Compaction of roadbase to existing road • During sealing of pavements • Final – all disturbed areas revegetated. d. Drainage: • After setout (prior to any excavation) • Upon laying of pipes, prior to backfill • Pit formwork before pouring • After backfilling and prior to restoration of disturbed areas • Final – all disturbed areas restored e. Final inspection of completed development.
Supervision of all works 52. All works are to be supervised by a suitably qualified and experienced professional on behalf of the applicant.
Site management 53. 207. To safeguard the local amenity, reduce noise nuisance and to prevent environmental pollution during the construction period, all Amended works are to be managed in accordance with following: 15 February 2010 a. [Deleted]
b. Stockpiles of topsoil, sand, aggregate, spoil or other material shall be wholly contained within site, and stored clear of any drainage path or easement, footpath, kerb or road surface and shall have measures in place to prevent the movement of such material off site. c. Construction operations such as brick cutting, washing tools, concreting and bricklaying shall be undertaken wholly within the development site. The pollutants from these building operations shall be contained on site.
Aboriginal Archaeology - 54. The five identified Aboriginal stakeholder groups: DACHA, DCAC,
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Aboriginal stakeholder DLALC, DTAC and GAHAI (formerly part of GTCAC) must be observation of ground informed when ground breaking earthworks (including the removal of breaking earthworks the bitumen and excavation of the top soil down to clay) are to occur in these areas and be invited to observe.
Aboriginal Archaeology - 55. Any existing but as yet unrecorded Aboriginal objects on the subject Legal protection of land are protected under the National Parks and Wildlife Act 1974 Aboriginal archaeological (amended 2001). If any Aboriginal objects (including a single stone sites artefact) are uncovered during excavation construction works, a suitably qualified archaeologist should be called in to record the archaeological material and register it with the DEC. If any Aboriginal objects are to be disturbed or destroyed by the proposed development, the proponent will have to apply to the DEC for a Section 90 Consent permitting either their salvage or destruction. Such a contingency will be necessary should the proposed development be unable to avoid areas known to contain Aboriginal objects.
Archaeology – Historical 56. 208. In the event that substantial, intact historical cultural fabric or archaeological sites deposits (including a “time capsule” associated with the former school, which would be expected to be in the upper layer/surface excavation) are encountered during any phase of the project, work must cease within a five metre radius and the consulting historical archaeologist (Denis Gojak) contacted for advice. It is likely that consultation with the Heritage Office, Department of Planning will also be required. Contact: Denis Gojak, Banksia Heritage + Archaeology, Telephone: (02) 9558 0220.
Land Contamination 57. Construction must fully implement the recommendations of the various reports relating to contaminated land management (being the Don Fox Planning Statement of Environmental Effects and associated Appendices (I – Phase 2 Environmental Audit; J – Remediation Action Plan; S – Hazardous Materials Survey and T – Waste Classification)), except as amended by these conditions (as well as the requirement to comply with any and all relevant state and federal law).
Land Contamination – 58. The discharge of collected water (ground, storm or intercepted runoff) Testing prior to discharge from the site is only to occur following acceptable test results being obtained for ‘contaminants of concern’ as identified in the Remedial Action Plan (RAP). This is required in addition to testing required for parameters identified in the stormwater management section of the Civil Engineering Report.
Land Contamination – 59. In addition to works detailed in Clause 6.2 of the Remedial Action Additional testing Plan (RAP) an inspection of soil beneath the (former) RTA building must be completed following the removal of buildings and foundation slabs. This inspection is to be followed by: (1) classification and
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removal of any identified contaminated material; (2) verification testing consistent with the methodology provided at Section 7.3 of the RAP. A minimum of 5 verification samples are to be tested for all ‘contaminants of concern’; and (3) reporting of findings of this testing as part of the Verification Report documenting the implementation of the RAP.
Disposal of material offsite 60. 209. All demolished material and excess spoil from the site shall be disposed of at a location and in a manner approved of by Blue Mountains City Council. No material is to be burnt on site. All trees removed to facilitate the works are to be mulched onsite and used to stabilise disturbed areas onsite. 210. It should be noted that disposal of excess spoil at a location within the Blue Mountains LGA, other than an approved waste disposal depot, will require the lodgement of a separate Development Application.
Reporting of chemical of 61. Should the remediation planning investigation that is undertaken in potential concern conjunction with the commencement of demolition work identify unforeseen contamination, details are to be reported to Council outlining the extent of the contamination and the work that will be required to remediate.
Remediation - Validation 62. Upon completion of the remediation process, a Validation Report Report written in accordance with the requirements of the Department of Environment and Climate Change guidelines shall be submitted to Council.
Maintenance of sediment 63. Sediment and erosion controls are to be maintained in accordance and erosion controls with the approved Soil & Water Management Plan for the duration of the works, and until all disturbed areas are stabilised to the Amended satisfaction of the Council (in Phase 1) and Principal Certifying 15 February 2010 Authority (in Phase 2).
Maintenance of pedestrian 64. All pedestrian and traffic controls are to be maintained in accordance and traffic controls with the approved Construction Pedestrian and Vehicle Traffic Management Plan for the duration of the works.
Maintenance of site safety 65. To minimise the risk of unauthorised entry onto the site, temporary fencing site safety fencing is to be maintained around the site perimeter for the duration of the works.
Demolition of Buildings 66. 211. The demolition work to be supervised by a competent generally person with due regard to safe working practices and in accordance with the requirements of the NSW WorkCover Authority; Such work is to be carried out in accordance with the Occupational Health & Safety Regulations, 2001, and Australian Standard 2601 – 1991.
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Disposal of Asbestos 67. All asbestos material, including asbestos cement, is to be disposed of to an approved waste management facility licensed to receive asbestos.
Display of signage 68. The developer will display appropriate asbestos/demolition signage prior to and during demolition works.
Demolition management 69 212. The work is to be executed by a competent person, with due regard for safe working practices and in accordance with the requirements of the Workcover Authority. 213. At all times during demolition a competent person shall directly supervise work. It is the responsibility of the person to ensure that: a. The structure to be demolished and all its components shall be maintained in a stable and safe condition at all stages of the demolition work. Temporary bracing, guys, shoring or any combination of these, shall be added for stability where necessary. b. Precautions are taken to ensure that the stability of all parts of the structure and the safety of persons on and outside the site are maintained particularly in the event of sudden and severe weather changes. Severe weather changes refer primarily to the localised high winds. In these circumstances loose debris can become airborne, particularly if it is in sheet form. c. The site shall be secured at all times against the unauthorised entry of persons or vehicles. d. Utility services within the structure not required to be maintained during the demolition work shall be properly disconnected and sealed off before any stripping or demolition commences.
Demolition - Adjoining 70. 214. In consideration of the proximity of the site’s adjoining buildings buildings: • Safe access and egress from adjoining buildings is to be maintained at all times for the duration of the demolition work. No demolition activity is to cause damage to or adversely affect the structural integrity of adjoining buildings. Consideration should be given to the use of shoring and underpinning and to changes in the soil conditions as a result of demolition and appropriate action taken.
Excavation - General 71. All excavations are to be guarded and protected to prevent them from being dangerous to the public and surrounding properties.
Excavation - Neighbouring 72. Where the excavation extends below the level of the base of the buildings footings of a building or structure on adjoining land, all works shall be carried out to preserve and protect the adjoining building from damage. Where necessary, the adjoining building or retained
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building on site shall be underpinned and supported. At least 7 days notice must be given to the owner of an adjoining property indicating an intention to excavate.
Dust control 73. 215. The techniques adopted for stripping out and for demolition are to minimise the release of dust into the atmosphere. Amended • Before commencing works in Phase 1 and Phase 2, any existing 15 February 2010 accumulations of dust are to be collected, placed in suitable containers and removed. Selection of appropriate collection techniques, such as vacuuming or hosing down, shall take account of the nature of the dust and the type of hazard it presents (eg., explosive, respiratory etc). • Dust generated during stripping or during the breaking down of the building fabric to removable sized pieces shall be kept damp until it is removed from the site or can be otherwise contained. The use of excess water for this purpose is to be avoided. It should be borne in mind, that in certain environments and under certain stimuli, deposits of combustible dust on beams, machinery and other surfaces may be subject to flash fires, and suspensions of combustible dusts in the air can cause them to explode violently (see NFPA Handbook).
Groundwater 74. In the event of the excavation works encountering groundwater, Council must be immediately notified to ensure that the construction contractor satisfies any and all statutory and non-statutory obligations, including the Water Management Act 2000.
Survey report 75. 216. To ensure that the building does not encroach on the approved building footprint and is located within the boundaries of the property, a survey report by a registered Land Surveyor must be provided to the Principal Certifying Authority prior to the work proceeding beyond: 217. a) slab formwork. 218. b) foundation walls. c) walls and completed eaves/gutter/fascia/gable.
G. Prior to issue of occupation certificate
Change to land title 76. 219. To ensure that the overall development is integrated, all lots subject to this consent shall be consolidated into one parcel. 220. Evidence of registration with the NSW Land and Property Information must be provided to the Principal Certifying Authority prior to the issue of the occupation certificate. This does not prevent further subdivision (stratum or other) of the site.
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Onsite Parking 77. Parking is to be provided for 397 car parking spaces including 8 Amended accessible car parking spaces and 4 motorcycle parking spaces. 8 June, 2010 These spaces must be provided wholly within the site.
Parke Street kerb and gutter 78. 221. To minimise impacts upon the Council’s assets, all existing and footpath construction obsolete driveways and laybacks within the Parke Street frontage of the site are to be removed and replaced with concrete vertical kerb and gutter, together with all necessary works and drainage to make the construction effective prior to the issue of the Occupation Certificate. 222. These works are to include: • The reinstatement of full width asphalt footpath for the Parke street frontage of the site. • The provision of galvanised RHS stormwater outlets within the Parke Street kerb and gutter. • The provision of a taxi stand & shelter with seats in accordance with Council Public Domain manual. • The provision of a kerb ramp adjacent to the taxi stand • The provision of a shuttle bus shelter & seats, including kerb construction suitable for low floor buses & the installation tactile indicators
Parke Street pedestrian 79. 223. To ensure safe pedestrian access to the site, pedestrian refuge construction refuges are to be constructed in Parke Street adjacent to both Amended pedestrian entries into the site, consistent with the Roads Act 8 June, 2010 approval together with all necessary works, linemarking signage and drainage to make the construction effective prior to the issue of the Occupation Certificate. All linemarking is to be hot thermoplastic linemarking, with raised pavement reflectors.
Parke Street roundabout at 80. 224. To ensure safe traffic movements in Parke Street a single Pryor Place intersection lane roundabout is to be constructed at the intersection of Pryor Place and Parke Street, together with all necessary works, linemarking, signage and drainage to make the construction effective prior to the issue of the Occupation Certificate. 225. The applicant is to cover all costs associated with design and construction. Should it be determined at the detail design stage that such provision is not practical, alternative traffic calming measures are to be introduced on Parke Street between the site access and Jewel Lane. All linemarking is to be hot thermoplastic linemarking, with raised pavement reflectors.
Sign posting & linemarking 81. 226. To ensure appropriate regulation of traffic and parking within in Parke Street & College the locality, the following sign posting and linemarking is to be
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Lane installed subject to the approval of the Local Traffic Committee prior to the issue of an Occupation certificate: • No Stopping zones adjacent to delivery docks & car park entrance to enable turning manoeuvres without crossing centreline of road • A No Stopping zone opposite car park entrance to allow vehicles to pass those waiting to turn right into the site and to allow large truck to exit from the main loading dock. • Directional signage in locality to direct pedestrians and vehicles to the Cultural Centre & Library. • Provision of a Coach drop off & pick up zone in Parke Street, and provision of coach parking space remote from the site. • Provision of a Taxi zone on Parke Street. • Provision of a Shuttle bus zone on Parke Street. • Sign posting & linemarking associated with the roundabout and pedestrian refuge construction 227. All linemarking is to be hot thermoplastic linemarking, with raised pavement reflectors. The applicant is to cover all costs associated with the installation of shelters and other related infrastructure (eg kerb ramps and tactile indicators) at the proposed Parke Street Taxi Rank, Shuttle Bus Zone and Tourist Coach Pick-Up and Set- Down Zone.
Street lighting in Parke 82. 228. To ensure safe pedestrian access to and from the site, the Street and College Lane street lighting in Parke Street & College Lane is to be upgraded at pedestrian desire lines across each road and at the roundabout in Parke Street prior to the issue of the Occupation Certificate. The street lighting shall be upgraded in accordance with a design brief to be provided by Council’s Investigations & Traffic Engineer.
Completion of all works 83. 229. All works required by this consent are to be completed to the Principal Certifying Authority’s satisfaction prior to the issue of the Occupation Certificate. 230. Accordingly, the applicant is to submit certification from the Council’s Engineer confirming that all works within the Council’s road reserve are completed in accordance with the approved plans and certification from a practising structural engineer with NPER registration that all structural items within the road reserve (such as retaining walls and suspended slabs) have been constructed in accordance with the approved plans.
Works as Executed plans 84. A Works as Executed Plan of all external engineering works prepared by a registered surveyor shall be submitted to the Council for assessment and be approved by Council prior to the issue of an Occupation Certificate.
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Repair of damage 85. The applicant shall repair or reconstruct all damages caused by construction activity relating to the development as required by the Council's Supervising Engineer prior to release of the Occupation Certificate.
Car Park Ventilation 86. 231. Car Park ventilation system must comply with the requirements of Australian Standard 1668.2-2002 The use of ventilation and air-conditioning in buildings. The applicant is to submit a report from a qualified consultant prior to occupation of the development certifying compliance.
Delivery vehicle 87. 232. To ensure safe management of deliveries to the complex, a management plan Delivery Vehicle Management Plan (DVMP) is to be submitted to and approved by Council prior to the issue of the Occupation certificate. 233. The DVMP is to include, but not be limited to: • All vehicles enter and leave the site in a forward direction, with the exception of gallery dock, where a traffic marshall shall be present to ensure safe manoeuvres. • Cultural Centre and Café deliveries to be via the Gallery dock or at the library delivery location (the dedicated space in the basement car park adjacent to the lift) – and NOT by on street deliveries. • Ensure no conflict in use of Gallery dock, • Ensure no conflict in use of the Coles & Speciality delivery docks, • Delivery vehicles are only to access the site between the hours of 6.00am to 9.00pm Monday to Sunday. • Waste removal vehicles are only to access the site between the hours of 9.00am to 5.00pm Monday to Sunday. • The door of the main retail loading dock must be closed when any delivery truck enters the loading dock area.
Onsite stormwater detention 88. 234. To ensure the on site detention system is satisfactorily positive covenant maintained, a covenant under Section 88E of the Conveyancing Act, 1919 shall be prepared and registered over the site prior to the issue of an Occupation Certificate. 235. The terms of the 88E Instrument with positive covenant shall include, but not be limited to, the following: a. The Proprietor of the property shall agree to be responsible for keeping clear and the maintenance of all pits, pipelines, trench barriers and other structures. b. The Proprietor shall agree to have the on site stormwater detention facilities (OSD) inspected annually by a competent person. c. The Council shall have the right to enter upon the land referred
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to above at all reasonable times to inspect, construct, install, clean, repair and maintain in good working order all pits, pipelines, trench barriers and other structures in or upon the said land which comprise the OSD or which convey stormwater from the said land and recover the costs of any such works from the Proprietor. d. The registered Proprietor shall indemnify the Council and any adjoining landowners against damage to their land arising from the failure of any component of the OSD or failure to clean, maintain and repair the OSD. 236. The 88E Instrument shall also contain a provision that it may not be extinguished or altered except by Blue Mountains City Council. The 88E Instrument shall be submitted with the Subdivision Certificate application to and approved by the Principal Certifying Authority prior to lodgement at NSW Land and Property Information.
Certificates from authorities 89. 237. To comply with Section 109J of the Environmental Planning NOTE: Early contact with and Assessment Act, 1979, the applicant is required to submit to the this authority is Council a compliance certificate from Sydney Water prior to the issue recommended of the Subdivision Certificate • A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained indicating all proposed lots are serviced by reticulated water and gravity sewer systems. • The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the subdivision certificate for the development. • Application must be made through an authorised Water Servicing Coordinator. For details, see the Sydney Water web site at www.sydneywater.com.au or telephone 132 092. • Following application, a ‘Notice of Requirements’ will be forwarded detailed water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.
Acoustic report 90. 238. Noise levels from all mechanical noise sources at the complex are not to exceed the LA90 noise level in any Octave Band Centre Frequency (31.5 Hz – 8k Hz inclusive) by more than 5dB at any affected residence. A report shall be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate from a suitably qualified and practising acoustic engineer certifying that this condition has been met.
Ecologically Sustainable 91. 239. The recommendations of the “Ecologically Sustainable Development Development (ESD) Design Report”, dated 16 July 2007 (Ref. No. 10-4904R1 Rev. 2) which was prepared by Heggies Pty Ltd and
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accompanied the development application, must be fully complied with. The applicant shall bear the costs of the works.
College Lane Off-site Works 92. 240. All “off-site works” along the full length of the College Lane fronting the development site, as described in the approved College Lane engineering and urban design plan (refer deferred commencement condition 2) are to be completed to Council’s satisfaction prior to occupation of the development.
On-site Landscape and 93. All works shown on and described in the On-site Landscape and Public Domain Plan Public Domain Plan shall be installed and operational prior to the issue of an Occupation Certificate.
Off-site Landscape and 94. All works shown on and described in the Off-site Landscape and Public Domain Plan Public Domain Plan shall be installed and operational prior to the issue of an Occupation Certificate.
Structural certificate 95. To ensure all structural works have been completed in accordance with the approved structural details, a certificate from a registered Structural Engineer is to be submitted to the Principal Certifying Authority on completion and prior to occupation or use. This shall certify that all structural components of the work have been constructed in accordance with the approved structural details and is structurally adequate for the imposed loads.
Street number 96. The street number must be prominently displayed on the Parke Street elevation. The number should have a minimum height of 120mm and be visible at night.
Operational Management 97. 241. An Operational Management Plan must be submitted to and Plan approved by Council. The Operational Management Plan must include, but is not limited to: a. Hours of operation of the above podium uses 242. Note: If it is proposed to vary the hours of operation identified in Condition No. 99, subclauses d) and e), it must demonstrated that the nominated hours of operation will not exceed the noise requirements established by the Department of Environment and Climate Change (or otherwise to Council’s satisfaction) and will not result in an unreasonable impact on traffic; b. Security measures; c. Access to different levels of the building to cater for staggered closing times; and, 243. Measures to ameliorate the impacts of traffic and parking when functions are held on the site.
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H. Occupation and ongoing use
Advertising signage 98. To protect the visual amenity of the neighbourhood and the city, an application for advertising signs must be made to and approved by Council prior to erection (except for the Coles signage which is the subject of this development application). An application form, fee advice and a copy of the DCP are available from Council’s Katoomba or Springwood offices.
Hours of Operation 99. a) The supermarket and specialty retail shops and kiosks on the Retail Level Floor Plan must only operate between the hours of: • 6am to 12 midnight, seven days per week. b) The loading docks must only operate between the hours of: • 6.00am to 9.00pm, seven days per week. c) Waste collection must only occur between the hours of: • 9.00am to 5.00pm, seven days per week. d) The café on the Podium Level must only operate between the hours of: • 9.00am to 5.00pm, seven days per week. e) The Cultural Centre, being all of the uses on and above the Podium Level except the café, must only operate between the hours of: • 8.00am to 11.00pm, seven days per week. 244. The hours of operation for the uses identified as d) and e) above may be varied by an Operational Management Plan, which has been prepared and approved in accordance with Condition No. 97.
Operational Management 100 Operation of the above podium uses must be in accordance with the Plan Operational Management Plan and approved by the Council in accordance with Condition No. 97.
Operational Waste and 101 Waste generated from the development must be managed in Recycling Management accordance with the comprehensive Waste and Recycling Plan Management Plan provisions relevant to the operation of the Amended development and approved by the Principal Certifying Authority in 8 June, 2010 accordance with Condition No. 14.
Delivery Vehicle 102 Operation of the loading docks must be in accordance with the Management Plan Delivery Vehicle Management Plan and approved by the Council in accordance with Condition No. 87.
Sydney Catchment 103 245. All stormwater management structures are to be regularly Authority - Stormwater inspected, cleaned and maintained in accordance with management manufacturer’s specifications.
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I. Advisory Notes
First use of specialty shops A separate development application for one or more of the speciality on the retail level shops on the retail level (not including the District Supermarket) is to be made and approved by Council to legally establish the first use of these shops and to confirm the size and configuration of the shops prior to the occupation or use of the premises.
Construction certificate A construction certificate is required prior to the commencement of (food shop or refreshment the fitout of the food premises shown as “cafe” on the plan numbered rooms fitout) DA A005(Podium Level Plan). This certificate can be issued either by Council as the consent authority or by an accredited certifier.
Food Conditions a) To ensure the premises are constructed so as to be suitable for the safe and hygienic preparation of food, the fitout of the premises is to comply with National Food Standard 3.2.3 Food Premises and Equipment and Australian Standard AS4674- 2004 “Design, Construction and Fitout of Food Premises.” Details are to be submitted to the Principal Certifying Authority as part of the Construction Certificate documentation. b) To ensure that waste materials are stored in an appropriate method, garbage and recycling facilities are to be provided in accordance with AS4674-2004. Details including tap and drain to the reticulated sewer are to be submitted to the Principal Certifying Authority as part of the Construction Certificate documentation. c) To ensure that waste water is disposed of to the satisfaction of Sydney Water and is of a suitable standard for the reticulated sewage system you should contact Sydney Water Trade Waste officer on 02962244 and ensure you meet the requirements for trade waste disposal prior to operation of the food premises. d) To comply with AS4674-2004 a cleaner’s sink or floor waste or other similar facility is to be provided and accessible to the each of the food premises. e) To comply with a designated hand washbasin is required for washing of hands. The washbasin shall have a permanent supply of warm running potable water delivered through a single outlet. Taps to the hand washbasin must be hands free or elbow operated.
Food Conditions a) To comply with Clause 4 of Food Safety Standard 3.2.2, the NSW Food authority should be notified of details of the food business. You are referred to the website where this may be done cost free www.foodnotify.nsw.gov.au b) To comply with Clause 3 of Food Safety Standard 3.2.2, a food business must ensure that persons undertaking of supervising food handling operations have appropriate skill and knowledge of food hygiene and safety matters.
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Fit out of food premises The fit out of the food premises shown as “café/kitchen” on the plan numbered DA 1005 (Podium Level Plan) shall comply with the requirement of AS 4674.2004 and Food Safety Standard 3.2.3.
Garbage, recycling and oil To comply with AS4674-2004 “Design, construction and fit-out of food storage for food premises premises”, a designated garbage, recycling and waste oil storage area food premises shown as “café/kitchen” on the plan numbered DA 1005 (Podium Level Plan) is to be provided with a water supply through a hose tap and paved with an impervious material and graded and drained to an approved waste disposal system.
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Attachment 2 - Plans
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Attachment 3 - Independent Review - David Ryan
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Attachment 4 - Applicant's submission of 24 May 2010
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ITEM NO: 19
SUBJECT: DEVELOPMENT APPLICATION NO. X/85/2010 FOR ALTERATIONS AND ADDITIONS TO THE EXISTING DWELLING ON LOT 10 DP 625732, 10 JELLICOE STREET, BLACKHEATH
FILE NO: F05787 – X/85/2010 - 10/70780
Management Plan Link Principal Activity: Using Land for Living Service: Land Use Management Project: This report does not relate to a Management Plan project
Recommendation:
That the Development Application No. X/85/2010 for alterations and additions to the existing dwelling on Lot 10 DP 625732, 10 Jellicoe Street, Blackheath be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this report.
Disclosure Disclosure of any political donation and/or gift - No
Report by Acting Group Manager, Environmental & Customer Services:
Reason for report Application has proposed a variation greater than 25% to a numerical development standard which is outside Council officer’s delegations.
Applicant Mrs M E Greening
Owner Mrs M E Greening
Application lodged 4 February 2010
Property address 10 Jellicoe Street, Blackheath
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Site description The subject land is located at the western end of Jellicoe Street and comprises a single allotment having a total area of approximately 1052m². The site has a moderate slope to the southwest and adjoins a rail corridor which delineates the escarpment protected lands thereafter. At present a split level one and two storey dwelling is located centrally on the irregularly shaped site.
Proposal The existing dwelling comprises a two storey residential dwelling component in a split level form that follows the sites contours. It is proposed to extend the existing living area over an existing carport and to fully enclose the carport to form a garage.
A copy of the plans showing the site area and extent of the additions proposed are provided in Attachment 2 to this Report.
Development controls Zoning – Local Environmental Plan 2005 • Living – Bushland Conservation; • Protected Area – Slope Constraint Area; • Protected Area – Water Supply Catchment; and
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• Protected Area – Period Housing Area.
Development Control Plan • Better Living. Regional Environmental Plan No 1 - Drinking Water Catchments. State Environmental Planning Policy No 1- Development Standards.
Notification The application was notified to adjoining and nearby properties in accordance with Council policy. No submissions were received.
Evaluation The application has been assessed in accordance with Section 79C (Evaluation) of the Environmental Planning and Assessment Act 1979 (“the Act”). A commentary on the assessment of the development against the Section 79C evaluation matters has been detailed in this report for the Council’s consideration as follows: 1. Local Environmental Plan 2005; 2. Better Living Development Control Plan; and 3. State Environmental Planning Policy No 1 (SEPP 1) – Development Standards
1. Compliance Table: Local Environmental Plan 2005 Clause Standard Proposed Compliance cl. 24 Living- The proposed development will maintain the Yes Bushland character of the surrounding residential area. Conservation zone objectives cl.32 Permissibility The subject property is zoned Living Bushland Yes Conservation under LEP 2005. The proposed development is permissible with the consent of Council. cl. 44 Environmental The proposal is located over the existing built Yes Impact footprint and will have no adverse environmental impact. cl. 45 Protected Area - Approximately 96% of the allotment is Yes Slope designated as a Protected Area – Slope Constraint Area Constraint Area. The proposed development is located over the existing building footprint and therefore there will be no disturbance of the soil or existing vegetation. It is considered that the development complies with the objectives of the Protected Area. cl. 48 Protected Area The property is located within Sydney’s Yes – Water Supply Drinking Water Catchment and in accordance Catchment with the Drinking Water Catchments Regional Environmental Plan No 1 an assessment of the proposal has been undertaken which demonstrates the development has a neutral or beneficial effect (NorBE) on water quality.
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Clause Standard Proposed Compliance cl. 53 Retention and The dwelling is proposed to be located over the Yes management of existing garage and does not increase the vegetation building footprint. The existing established garden will be retained and no trees or other vegetation is proposed to be removed. cl. 57 Storm water There is no change to the overall roof area. Yes management Stormwater drainage lines from the new roof are to be connected to existing water tanks with the overflow being discharged into the existing stormwater drainage trench. cl. 58 Modification of The development site falls to the rear and the Yes land form. split level design follows the site contours. The upper floor additions will have no impact on the site conditions. cl. 60 Character and The proposed development is consistent with Yes Landscape the established character of the existing dwelling and streetscape. The dwelling retains its split level appearance when viewed from the street and the building additions will improve the functionality and appearance of the dwelling. cl. 61 Protected Area - The existing dwelling is located at the western Yes Period Housing end of Jellicoe Street and the building is a Area typical 1950’s style skillion-roofed dwelling. In total there are only three houses that front the street and an assessment of the streetscape character has determined that only one of these houses is of a traditional form which predates 1946.
It is considered that the proposed additions and alterations will retain and enhance the existing streetscape and therefore the proposal will satisfy the objectives of the Period Housing Area. cl. 64 Control of infill The proposed additions extend the existing Yes development in living area over the existing garage and Period Housing therefore the proposal is not a major alteration Area to the existing dwelling. Although the additions will affect the appearance of the building when viewed from the street, the building design elements will be complementary to the main building which will ensure that the existing streetscape is substantially retained. cl. 98 Vehicular Existing access to the property is available from Yes access a public road and will not change with exception to a minor forward addition to allow the construction of roller doors. cl. 100 Design for car The existing carparking will remain unchanged. Yes parking
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Clause Standard Proposed Compliance cl. 133 Development The western side of the property adjoins the rail Yes adjoining corridor. The proposed alterations and Regional additions have been designed to incorporate Transport appropriate noise attenuation measures to Corridor avoid impacts from the railway.
Schedule 2, Part 3, Division 1 cl. 1 Building height The proposed maximum building height is 7.1 No metres to the eaves at the southwest corner of the building. The eave height exceeds the maximum permissible height of 4.5 metres. The height results from placing a skillion roofed addition above the existing garage and the pre- existing levels of the land below. The applicant has submitted an objection under SEPP 1 and this is discussed in further detail in the following pages of the report. cl. 2 Building setback The existing front building setback will remain Yes unchanged. The width of the development across the allotment will also remain the same given development occurs over the existing building footprint. cl. 3 Site coverage The proposed total building site coverage is Yes unaltered and the existing building footprint satisfies this clause.
2. Compliance Table: Development Control Plan – Better Living. Clause Standard Proposed Compliance D1.2. Biodiversity The dwelling will be constructed over the Yes existing building footprint and involves no change to ground surfaces. D1.4 Stormwater Stormwater will be collected in a rainwater tank Yes and is currently reused in the garden. The overflow from the rainwater tank will be directed to a stormwater drainage system which satisfies this clause. D1.5 Streetscape The design of the proposed alterations and Yes Character additions will complement the existing character of the streetscape. D1.6 Landscaping The amount of pervious/soft or landscaped Yes areas proposed for the property meets the requirements and the existing landscaping is mature and well established. D1.7 Bushfire The property is mapped as being bush fire Yes prone land and the application was referred to the Rural Fire Service (RFS) for comments. No objection was raised by the RFS subject to conditions which are included in the draft conditions at Attachment 1. D1.10 Vehicular The existing design of the garage and driveway Yes access, parking access is considered adequate. and roads
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3. State Environmental Planning Policy No 1 (SEPP 1) – Development Standards The assessment of the proposal against the provisions of LEP 2005 has revealed that the proposed eave height of the development does not comply with the building height standards within Schedule 2 of LEP 2005.
Schedule 2, Part 3, Division 1, Clause 1(1) requires that buildings within a Protected Area - Period Housing Area in a Living-Bushland Conservation zone are not to exceed a maximum building height of 6.5 metres or maximum height at eaves of 4.5 metres. The proposed maximum height of the dwelling is 7.1 metres to the eaves located at the rear south western corner of the building which exceeds the allowable eave height development standard by approximately 69%.
The applicant has submitted an objection under State Environmental Planning Policy No 1 (SEPP 1) to vary the development standard. SEPP 1 provides flexibility in the application of planning controls where strict compliance with a development standard would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in section 5 (a) (i) and (ii) of the Environmental Planning and Assessment Act 1979.
These sub-sections of the Act are: “(a) to encourage: (i) the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment; and (ii) the promotion and co-ordination of the orderly and economic use and development of land.”
The SEPP 1 objection submitted by the applicant states that it is unreasonable to comply with the development standard relating to the height of buildings on the allotment for the following reasons: • The proposed addition is an extension to the living room over the existing carport. It retains the overall height of the existing building, it's roof lines, building style, materials colours and character; • The eaves height on the western side of the building is already at 6.5m at the southern end of the existing building. The requested variation is for an eaves height of 7.lm at the southern end of the western wall of the proposed extension to the living room; • The proposed addition avoids the need for any disturbance to the site which is designated as Slope Constraint Area; and • The proposed new work will blend with the existing house and maintain the existing streetscape.
In relation to the objectives of the Environmental Planning and Assessment Act stated above, it is considered that this application allows for the proper development of an upper floor dwelling addition within the constraints of the property. The existing landscaping will remain unaltered.
To satisfying the requirements of SEPP 1 the proposal must also comply with the relevant zone objectives, which in this case are: “(a) To allow for residential development in the form of single detached dwellings where this development is within the capacity of the environment to sustain such development and is undertaken in a manner that minimises impact on environmentally sensitive areas; (b) To preserve and re-establish native bushland in areas that exhibit a predominantly bushland character, where consistent with the protection of assets from bush fire; - 206 - USING LAND FOR LIVING Item 19, Ordinary Meeting, 08.06.10
(c) To permit only low density residential land uses and to retain large allotment sizes in fringe urban locations or locations that do not have reasonable access to services and facilities; (d) …… (e) To ensure that the form and siting of buildings, colours, landscaping and building materials are appropriate for and harmonise with the bushland character of the locality; and (f) To encourage the retention and re-establishment of native bushland along significant fauna corridors and in areas of high visual significance, including escarpment areas and along the Regional Transport Corridor.”
The main underlying objectives of the relevant zone objectives and that of the development standard itself is to create uniformity of the streetscape in the design approach by limiting the proposed development’s bulk and scale commensurate with that of the surrounding built form and to limit disturbance to native bushland.
In addition the protected area objectives seek to create a consistent streetscape and form where traditional older buildings dominate the streetscape. In this case however it is considered that the streetscape is not dominated by a particular period of housing or building form.
The non compliance with the development standard has resulted directly from the site conditions and the assessment of the streetscape as being predominantly single storey character. It should be noted that had the streetscape been assessed as having a two storey character a maximum eave height of 6.5m would have applied.
The proposed dwelling addition complements the existing character of the building and also limits the height by the use of the skillion roof. Although the building height at the proposed eaves exceeds the maximum height provisions of the planning instrument, the new eaves are similar to the existing eave heights at the rear of the building. The area of noncompliance is on the low side of the building which adjoins the rail corridor and therefore it will have a minimal impact on the streetscape.
Clause 8 of SEPP 1 also requires that the following matters are also considered in deciding whether to grant consent to the development application notwithstanding the development standard: 1. In relation to any State or regional environmental planning, it is considered that the non-compliance with the development standard does not raise any matter of significance for State or regional environmental planning; and 2. It is considered that although there is some public benefit in maintaining the planning control adopted by the environmental planning instrument, it is considered that given the circumstances of this particular development, that full compliance with the development standard would be unreasonable and unnecessary in the circumstances.
The proposal is considered to comply with the objectives of the Living – Bushland Conservation zone and period housing area and the underlying objectives of the development standard despite its non-compliance with the maximum eave height of the building. For these reasons, it is recommended that the Council support the variation to the development standard as compliance is considered unnecessary in this particular case.
Conclusion The application for the proposed additions and alterations has been assessed against the relevant provisions of the Environmental Planning and Assessment Act, LEP 2005 and the Council’s Better Living DCP.
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The application has been accompanied by a SEPP 1 objection seeking to vary the development standard relating to the eave height of the building. Compliance with the development standard is considered unreasonable in this instance as the proposal will achieve an outcome that meets the objectives of the Living Bushland Conservation zone and will not have any adverse impact on the character and/or the streetscape of the area.
Accordingly, it is recommended that the Council support the SEPP 1 objection and that the development application be approved subject to the conditions shown in Attachment 1 to this report.
ATTACHMENTS/ENCLOSURES
1 Conditions of Consent 10/71175 Attachment 2 Plans 10/71183 Attachment
* * * * * * * * * *
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Attachment 1 - Conditions of Consent
Confirmation of relevant 1. To confirm and clarify the terms of consent, the development shall be plans carried out in accordance with the plans prepared by D Kenny numbered, pages 1-3 dated as amended 15/4/2010 and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent.
Sydney Water 2. The Council stamped approved plans must be submitted to a Sydney Stamping of plans Water Quick Check agent or Water Servicing Coordinator to Prior to works commencing determine whether the development will affect any Sydney Water Asset’s sewer and water mains, stormwater drains and/or easement, and if further requirements need to be met. Plans will be appropriately stamped. Please refer to the web site www.sydneywater.com.au for: Quick Check agent details – see Building Developing and Plumbing then Quick Check; and Guidelines for Building Over/Adjacent to Sydney Water Assets – see Building Developing and Plumbing then Building and Renovating or telephone 13 20 92. A copy of the stamped plans or other documentary evidence from Sydney Water’s accredited agent demonstrating that the plans have been stamped by them is to be submitted to the Principal Certifying Authority prior to construction commencing.
Occupation Certificate 3. The building shall not be used or occupied prior to the issue of an Occupation Certificate in accordance with Sections 109H and 109M of the Environmental Planning and Assessment Act 1979.
Building Code of Australia 4. All building work must be carried out in accordance with the provisions of the Building Code of Australia.
Signage 5. To ensure that the site is easily identifiable for deliveries and provides information on the person responsible for the site, a sign displaying the following information is to be erected: The statement “Unauthorised access to the site is not permitted”. The names of the builder or another person responsible for the site along with an out of hours contact number. Lot or Street number.
Site management 6. To safeguard the local amenity, reduce noise nuisance and to prevent environmental pollution during the construction period: a) Site and building works (including the delivery of materials to and from the property) shall be carried out Monday to Friday between 7am-6pm and on Saturdays between 8am-3pm, excluding public holidays. Alteration to these hours may be possible for safety reasons but only on the approval of Council.
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b) Stockpiles of topsoil, sand, aggregate, spoil or other material shall be stored clear of any drainage path or easement, natural watercourse, footpath, kerb or road surface and shall have measures in place to prevent the movement of such material off site. c) Building operations such as brickcutting, washing tools, concreting and bricklaying shall be undertaken on the building block. The pollutants from these building operations shall be contained on site. d) Builders waste generated under this consent must not be burnt or buried on site. All waste must be contained and removed to an approved Waste Disposal Depot.
Erosion & sediment controls 7. To preserve the unique environment of the Blue Mountains and to contain soil and sediment on the property, controls in accordance with Council’s Better Living Development Control Plan are to be implemented prior to clearing of the site vegetation and the commencement of site works. This will include: The installation of a sediment fence with returned ends across the low side of the site so that all water flows through. These shall be maintained at no less than 70% capacity at all times. Drains, gutters, roadways etc., shall be kept clean and free of sediment. Soil erosion fences shall remain and must be maintained until all disturbed areas are restored by turfing, paving, revegetation.
Workers amenities 8. Before work starts, toilet facilities must be provided for construction personnel on the site on the basis of 1 toilet for every 20 workers. Amenities are to be installed and operated in an environmentally responsible and sanitary manner. Toilets cannot remain on site for any longer than 12 months, without the further approval of Council.
Stormwater drainage 9. To control rainwater runoff, roof water shall be connected to stormwater drainage lines discharging to a) a rainwater tank. Overflow to: b) the existing stormwater system. It is recommended that the drainage system be installed at the same time as the footings/slab. It must, however, be operational as soon as the roof is clad.
Surface drainage 10. To prevent surface water from entering the building: seepage and surface waters accumulating along the driveway shall be collected and diverted clear of the building site by a subsurface / surface drainage system. In the event the existing spoon drain and grill is incapable of controlling anticipated rain events to 1:100 flow an additional spoon drain shall be installed in association with the garage slab addition at the garage entry point. Note: Care is to be taken to ensure that no run off is diverted to
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adjoining properties.
Materials & colours 11. To have regard of the amenity of the area, the materials and colours to be used are: To match the existing building. Any outbuildings or other ancillary structures are to be finished in colours and materials of muted bushland tones and low reflective quality to blend with the surroundings. Any variation to the above materials / colours will require the prior approval of Council.
Demolition of Buildings 12. The demolition work shall be supervised by a competent person with generally due regard to safe working practices and in accordance with the requirements of the NSW WorkCover Authority; Such work is to be carried out in accordance with the Occupational Health & Safety Regulations, 2001, and Australian Standard 2601 – 1991.
Dust control 13. The techniques adopted for stripping out and for demolition are to minimise the release of dust into the atmosphere. Before commencing work, any existing accumulations of dust are to be collected, placed in suitable containers and removed. Selection of appropriate collection techniques, such as vacuuming or hosing down, shall take account of the nature of the dust and the type of hazard it presents (eg., explosive, respiratory etc). Dust generated during stripping or during the breaking down of the building fabric to removable sized pieces shall be kept damp until it is removed from the site or can be otherwise contained. The use of excess water for this purpose is to be avoided. It should be borne in mind, that in certain environments and under certain stimuli, deposits of combustible dust on beams, machinery and other surfaces may be subject to flash fires, and suspensions of combustible dusts in the air can cause them to explode violently (see NFPA Handbook).
Alterations and/or brick 14. Prior to the commencement of work associated with the additions and veneering of buildings alterations all asbestos cement sheeting located in the affected part containing asbestos cement of the building shall be removed in accordance with the relevant provisions of the Occupational Health and Safety Regulations, 2001, and AS 2601 – 1991.”
Display of signage 15. The developer will display appropriate asbestos/demolition signage prior to and during demolition works.
Disposal of Asbestos 16. All asbestos material, including asbestos cement, is to be disposed of to an approved waste management facility licensed to receive asbestos.
Asset Protection Zone 17. The entire property shall be managed as an ‘Inner Protection Area’ as
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Rural Fire Service condition outlined within Section 4.1.3 and Appendix 2 in Planning for Bush Fire Protection 2006 as well as the RFS Standards for Asset Protection Zones (available electronically at www.rfs.nsw.gov.au).
The Inner Protection Area (IPA) shall comprise the following: minimal fine fuel at ground level; vegetation that does not provide a continuous path to the building for the transfer of fire; shrubs and trees that do not form a continuous canopy; vegetation that is cleared into clumps rather than continuous rows; species that retain dead material or deposit excessive quantities of ground fuel are to be avoided; shrubs and trees are pruned or removed so they do not touch or overhang the building; and vegetation is located far away enough from the building so that plants will not ignite the building by direct flame contact or radiant heat emission. NOTE: Total clearance of all vegetation is not acceptable. Vegetation management undertaken to establish the required Asset Protection zone shall be the absolute minimum level of pruning and/or thinning required to comply with PBP guidelines. Burning of vegetative waste generated by the provision and maintenance of the asset protection zone is unacceptable. Waste should be mulched and re-used on the site in landscaping no closer than 3 metres to the dwelling, or cut and dried for use as firewood. Surplus material must be appropriately disposed of at a Council waste management facility. This work is to be completed prior to the issue of an Occupation Certificate. The Asset Protection Zone is to be maintained on a permanent basis.
Services 18. Water, electricity and gas are to comply with section 4.1.3 of Planning Rural Fire Service condition for Bushfire Protection 2006.
RFS personnel access 19. Unobstructed pedestrian access to the rear of the property shall be Rural Fire Service condition provided and maintained at all times.
Design and construction 20. New construction is to comply with Appendix 3 – Site Bush Fire Rural Fire Service condition Attack Assessment of Planning for Bushfire Protection 2006. In this regard the following design standards for construction are to be incorporated into the development: New construction of the additions shall comply with Australian Standard AS3959-1999 ‘Construction of Buildings in bushfire prone areas’ Level 2 Construction. Roofing shall be gutterless or have leafless guttering and valleys which are screened to prevent the build up of flammable material. Screening to be installed in such a manner that permits
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the removal of fine fuel accumulation within roof gutters and valleys. Any materials used shall have a flammability Index no greater than 5.
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Attachment 2 - Plans
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ITEM NO: 20
SUBJECT: DEVELOPMENT APPLICATION NO. X/1070/2009 FOR A NEW VISITOR CENTRE ON LOT B DP 389723, THE EVERGLADES, 37-49 EVERGLADES AVENUE, LEURA
FILE NO: F05787 – X/1070/2009 - 10/72699
Management Plan Link Principal Activity: Using Land for Living Service: Land Use Management Project: This report does not relate to a Management Plan project
Recommendation:
That the Development Application No. X/1070/2009 for a new visitor centre on Lot B DP 389723, The Everglades, 37-49 Everglades Avenue, Leura be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by: a) The granting of consent subject to conditions shown in Attachment 1 to this report; and b) Notifying the Heritage Branch and the Sydney Catchment Authority of council's decision
Disclosure Disclosure of any political donation and/or gift - No Report by Acting Group Manager, Environmental and Customer Services
Reason for report Called up by Councillors and a matter of public interest
Type of development Integrated
Applicant Richard Dinham Consulting Pty Ltd
Owner National Trust of Aust
Application lodged 2 December 2009
Property address The Everglades, 37-49 Everglades Avenue, Leura
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Site description The subject land is located at Nos. 37-39 Everglades Avenue, Leura and comprises four (4) allotments having a total area of five (5) hectares.
Everglades garden is located at the southern end of Everglades Avenue within an established residential area. It comprises formal landscaped gardens and natural bushland, a historic 1930s dwelling, a squash court converted to an art gallery and offices, associated outbuildings, and a visitor car park. The site contains an existing tea house, museum and gallery within the 1930’s dwelling.
Everglades Gardens is owned and managed by the National Trust and is recognised as one of the most significant heritage properties in the Blue Mountains. The site is listed as a State significant heritage item. The gardens have been open to the public as a popular tourist destination since the 1960s.
The proposed visitor centre the subject of this application is located on the northern most lot within the property; Lot B DP 389723 which is not part of the formally planted Sorensen
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Garden. This lot currently contains a car park and pathway to the former squash courts (now art gallery). Lot B abuts residential allotments to the north. Lot B comprises 3463m2 with a frontage of 18 metres and a depth of 190 metres. The lot slopes steeply from east to west. A creek traverses the bottom (western) part of the lot and there is a significant amount of weeds in this part of the site.
Background Development of the Everglades gardens can be dated to 1933 when formal landscaping works and the construction of a dwelling and outbuildings were undertaken at the site for private residential purposes. Following several ownership changes over the years the property was acquired by the National Trust with the objective of public use of the gardens in 1962. The opening up of the gardens for public purposes is evidenced by Council consents for public toilets and a gatehouse in 1963.
Everglades was leased to Blue Mountains City Council in 1981, then Mawlands Pty Ltd in the 1990s. The property is now owned and managed by the National Trust.
Commencing in 1996 various developments were carried out by Mawlands Pty Ltd, including the construction of an on site car park for 17 cars, establishment of a refreshment room in the dwelling and an arts and crafts gallery in the squash court.
In 1997 Mawlands Pty Ltd submitted a Development Application for the use of Everglades for functions, including performing arts, exhibitions, shows and wedding receptions. The application relied upon the adaptive reuse provisions in Clause 25.6 of LEP 1991 as the use for events and functions is prohibited in the zone. Council received legal advice that it was not open for Council to grant consent under the provisions of Clause 25.6, as the lack of adequate on site parking would adversely impact on the amenity of the surrounding neighbourhood and without the submission of a conservation plan. The application was subsequently withdrawn.
From 1997 to the present a number of development applications have been made for various functions and events under the provisions of Clause 35 Temporary Use of Land of LEP 1991. Over this time the number and size of events has grown incrementally.
Council’s records show the following consents have been given: • 1963 – Public Toilets - D11/00501; • 1963 – Gatehouse D11/00502; • 1981 – Tree Removal D11/0585; • 1994 – Alterations to Squash Courts for Entertainment purposes – D94/1018; • 1996 – Car park – D96/1147; • 1996 – Refreshment Room in Dwelling – D96/1148 ; • 1996 – Arts and Crafts Gallery – D96/1149; • 1997 – Event – Carols By Candlelight B97/1341;
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• 1998 – Event – Carols By Torchlight B98/1464; • 1999 – Event – Carols By Torchlight B99/1722; • 2000 – Events – X00/1217; • 2000 – Carols By Torchlight – X00/1470; • 2001 – Studio – X01/0543; • 2001 – Events – X01/1598; • 2002 – Events – X02/2012; • 2005 – Events – X05/1313; • 2006 – Events – X06/157; • 2007 – Events – X06/1332; • 2008 – Events – X08/174; • 2008 – Events – X08/817; • 2008 – Events – X08/925; • 2009 – Rainwater tank – X/1/2009; and • 2009 - Events - X/1003/2009.
The Everglades Gardens and house are open to the public 7 days a week, 10am – 5pm spring and summer, 10am – 4pm autumn and winter. Within the gardens the historic house has been converted to a cafe and art gallery run by volunteers. This cafe was approved by Council (D96/1148) at the Ordinary Meeting of 25/2/97 and has a total floor area of approximately 30.15m2 with an outdoor patio area of 16m2.
The squash courts were approved to be restored and upgraded on the 28 October 1994 (D94/1018). This application sought to provide a new access way to the gardens and to convert the squash courts to a reception/ exhibition area. This work was not fully carried out, though the existing pathway to the studio was approved as part of this application. The Society of Mountain Artists was granted a lease to the squash courts in 2000 to operate the gallery from the building. Public toilets continue to exist within the squash courts building.
Approval was granted for the construction of the 17 space staff car park on the 25 February 1997 (D96/1147) within Lot B DP 389723.
The most recent application for events allows for 28 functions within a 12 month period. The scale of the public events range from events with up to 450 people on site at any one time (to be held no more than four (4) times per year), through to smaller events of up to 40 people. These events generate additional traffic within the locality which does impact on the residential amenity of the area. Council recognises that improvements are required in relation to the traffic management of these events. There is agreement that a full and comprehensive traffic management report will be submitted with any further applications for events and functions at the site. The impacts of traffic associated with events and functions is not an issue to be considered by this report. Impacts of traffic associated with general garden visitation will be considered further in this report.
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A proposal for a ticket office/ WC and souvenir office was discussed in land use advice dated 29 January 2008.
The application currently before Council was lodged on the 30 November 2009. The application originally comprised:
Project A – to design and erect a visitor centre building located in the front setback of the car parking area on the northern boundary of the site. This visitor centre would replace the existing ticket booth and would provide interpretation of Everglades House and sales of National Trust products.
Project B – to design and construct a new building for kitchen and amenities to house a new commercial building and toilet facilities to be located adjacent the building currently known as the ‘squash courts’ but approved as a gallery and reception, and to refurbish and fit out the adjacent for a café/ restaurant for use by the patrons of Everglades Garden.
Project C – to design and construct a new ramp to provide access to people with a mobility impairment. The ramp is proposed to be located to the west of the existing car park. Currently the gardens are not accessible to people in a wheel chair or with a mobility impairment.
The application was accompanied by the following documentation: • Statement of environmental effects; • Heritage impact statement which incorporated extracts and responses to relevant sections of the draft Conservation Management Plan; • Survey plan of the site; • Building drawing set; • Access way drawing set including landscape concept plan; • Stormwater concept plan and services; • Materials and finishes; and • Photomontages.
The application was correctly lodged as an integrated development application under the Heritage Act, 1977, as the proposal is to be carried out on land which is listed on the State Heritage register, under Section 57 of the Heritage Act, 1977. No Conservation Management Plan was lodged with the application. This was deemed by Council officers to be acceptable. Guidelines produced by the Department of Planning (Statements of Heritage Impact) indicate that development that involves minor partial demolition of a State heritage item require the provision of a conservation policy. These were included within the heritage impact statements prepared by the applicant and placed on public exhibition. The application was referred to the Heritage Branch of the Department of Planning in accordance with the requirements of Section 91 of the Environmental Planning and Assessment Act, 1979 on the 18 December 2009. No further documentation was
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required by the Department.
In response to concerns raised within the first submission period to the original application, Council officers requested a copy of the draft CMP referred to in the heritage impact statement to be forwarded to Council as background information.
The application was reported to the Heritage Council on the 3 March 2010. The report recommended approval with conditions which sought to implement recommendations within the draft CMP. The Heritage Council provided support in principle, but was not prepared to issue an approval under S.63 of the Heritage Act 1977 until further details were received. The details required by the Heritage Council were: • An amended heritage impact statement which included assessment of all relevant CMP policies and an analysis of all alternatives to the current plan which have been considered; • Updated and accurate photomontages of the entry building and driveway area in context; • Accurate and more resolved drawings with all discrepancies between the architectural and landscape plans eliminated; and • As existing drawings of all areas subject to change, including the parking area and the squash court.
In response to this outcome from the Heritage Council, the applicant elected to amend the application and submitted new details to Council on the 26 March 2010.
Council forwarded this information to the applicants as well as requesting the following: • Draft CMP; • Traffic impact report; • Arborist’s report; and • Sample board showing materials and colours.
This report considers the amended plans as received from the applicant at Council on the 26 March 2010, but also considers all submissions received during the notification of the development application, as received in December and the notification period which occurred following the receipt of the revised plans.
Proposal The revised application received at Council on the 26 March 2010 eliminated the proposed kitchen, the conversion of the art gallery within the squash courts to a cafe and the access path. The application now proposes only the visitor centre and a relocated driveway and modifications to the existing car park.
The application states that the construction of a visitors centre will provide better accommodation for volunteers who sell tickets to visitors. At present tickets are sold from a small booth
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which accommodates only one person and is located at the gates to Everglades on Lot 9 DP 3764. The new visitor centre’s primary function will be to provide: • Ticketing and entry control; • A display providing information and interpretation of the Everglades garden for visitors; • Sales of National Trust products; and • Arts and craft shop currently housed in the heritage house in order to allow that space to be re-presented.
The proposal will also result in the adjustment of the location of the driveway to the visitor car parking area, 3 metres to the north to allow for the siting of the visitor centre.
Construction works will result in the removal of existing landscaping and the proposal includes plans for new planting to replace some of the lost landscaping that will result from the construction of the visitors centre.
The visitor centre is proposed to be located within Lot B which is the northern-most lot of Everglades. The visitor centre is set back 5.5 metres from the street frontage to the edge of the awning. Shelving is proposed under the awning to house plants for sale. The setback from the street frontage to the building line and front doors in 9.075 metres. For the purposes of this assessment the front setback is taken to be to the edge of the awning given the potential visual impact of the awning and the use of the space beneath the awning for retail display.
The visitor centre is setback 9 metres from the side boundary to the north of the site, adjoining a residential allotment and the landscaping buffer to the northern boundary is 1.9m in width.
The height of the visitor centre is 3.55 metres on the eastern (street frontage) elevation and 5 metres on the western elevation (car park elevation). This variation in heights is due to a drop in ground levels.
The application proposes that all elevations will be clad in a plywood cladding with printed vinyl featuring interpretive art.
A concrete deck is proposed in front of the visitor centre with a painted motif on top of the slab. Two planter beds are proposed within this concrete deck area to provide some landscaping.
A new path is to be provided to the south of the visitor centre providing a new access way to the Everglades garden.
No signage is proposed with the application.
A copy of the plans showing the site area and extent of the works proposed are provided in Attachment 2 to this Report.
Development controls The site is zoned Bushland Conservation (No Subdivision) (69%) and Environmental Protection (31%) under the provisions
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of Local Environmental Plan (LEP) 1991. That part of the site on which development is proposed is zoned Bushland Conservation (No Subdivision).
15% of site is a Protected Area – Environmental Constraint Area.
The site is listed in Schedule 2 of LEP 1991 as a heritage item (Item No LA005) – “The Everglades”.
The site is listed as being within the Jamison Valley Heritage Conservation Area (LA002). The siting of the development is outside of the mapped area of this HCA.
The site is adjacent to the Residential Precinct HCA (LA033)
The proposed works constitute “integrated development” within the meaning of Section 91 of the Environmental Planning and Assessment Act, 1979 and the application requires general terms of approval from the Heritage Office before development consent may be issued.
Notification The application was notified twice. The first notification period occurred following the submission of the development application (including plans for the cafe, kitchen, visitor centre and access path) and constituted a full statutory exhibition in accordance with the Environmental Planning and Assessment Regulation 2000 (EPAR) and Council's Notification DCP and was advertised for a period in excess of 30 days from 22 December 2009 to the 28 January 2010 in the Blue Mountains Gazette as well as written notification to adjoining and nearby properties and a sign displayed on the site.
During this notification period thirty seven (37) submissions were received, all containing objections. Twelve (12) of the submissions were form letters. Nine (9) submissions were received after closing date for submission period (after 28/1/10).
A second notification was undertaken following the submission by the applicant of an amended application on the 26 March 2010. The amended proposal resulted in a reduced potential for impact by excluding the cafe/kitchen and access path. As this amendment was in response to the assessment process (including submissions), and the retained components were altered in only minor respects, further notification was not required. However, given the public interest, it was considered reasonable that the amended proposal be notified for a 14 day period (31 March - 14 April 2010) to affected properties and those who had previously made submissions to the original application.
During the second notification period 18 submissions were received all containing objections. 12 of these submissions were form letters and included multiple submissions from 2 objectors.
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A table containing a summary of all submissions is provided at Attachment 3. Some late submissions received in the course of finalising this report are not included in the table but the issues raised in those late submissions have been reviewed to ensure that any new issues are addressed. For the most part no new issues were raised, other than emphasizing that an incident in April where traffic congestion was caused by the operation of the Everglades site, underscores the seriousness of their objections, and the fact that the traffic report does not truly reflect the current site operation. Some additional detail was also submitted regarding the potential for impact on vegetation on the adjoining site to the north.
Resident issues The content of submissions received during the first notification period is detailed hereunder.
The most significant and consistent objection to the proposal related to the potential increase in patronage to the site and the apparent commercialisation and intensification of the use of the site particularly as the result of the new cafe and kitchen. It was inferred that these changes to the site will result in an increase in associated problems from a non residential use in a residential area such as: • Noise from patrons and their vehicles; • Additional noise from traffic; • Additional buses exacerbating noise from idling motors in surrounding streets; • Increased trucks for deliveries to the cafe/ kitchen; • Inadequate car parking provided on site; • Detrimental impacts of on street car parking for a new cafe of the size proposed; and • Fumes from kitchen, waste etc.
Other issues raised were: • Inappropriate use of materials and finishes; • Adverse impacts on heritage item; • Loss of landscaping impacting on the streetscape; • Objection to the location and size of the visitor centre; • Temporary use clause (Cl. 35) does not allow for a permanent change to the building; • Concern regarding hours of operation; • Objection to layout of kitchen and WC facilities creating potential health issues; and • Bushfire risk to patrons, flammability of the visitor building.
The directly adjoining neighbour to the north expressed particularly concern about a loss of amenity (increased noise, loss of privacy, fumes from kitchen) due to loss of screening trees and increase in pedestrian traffic along the new pathway close to her property.
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Issues raised in the second notification period were understandably more directly concerned with the impacts created by the new visitor centre. The issues raised are summarised below: • Visual impact of visitor centre; • Loss of screening as a result of the removal of plants; • Inadequate planting proposal; • Lack of compliance with setback requirements of LEP 1991; • Objection to retail use in the Bushland Conservation zone and permissibility issues; • Lack of compliance with Bushland Conservation objectives; • Lack of compliance with policies within the draft CMP for the site; • Increased noise and light impacts on adjoining residential areas as a result of visitor centre location at street frontage; • Loss of car parking resulting in increased demands for on street car parking impacting adversely on residential amenity; • Inappropriate design and use of materials and finishes; • Promotion of National Trust brand; • Lack of interpretive information of the Everglades; • Invalid application due to lack of details in SoEE and application; • Invalid notification of application by Council; and • Inadequate consideration of the impacts on the neighbouring property to the north, in particular the need to protect the trees on that property.
The allegations that the development application and the notification procedures conducted by Council are invalid are refuted. The issue is addressed in detail in the discussion within the body of the report.
Evaluation The application has been assessed in accordance with Section 79C (Evaluation) of the Environmental Planning and Assessment Act 1979 (“the Act”). A commentary on the assessment of the development against the Section 79C evaluation matters has been detailed in this report for the Council’s consideration as follows:
Issues Assessment issues • Integrated Development - Heritage Council referral – Heritage Act – Section 58 Heritage Act, 1977; • Drinking Water Catchment – Regional Environmental Plan No 1; • Local Environmental Plan 1991; - Variation to Policy – A SEPP 1 has been applied for in relation to Clause 30(3) building setback. Though not strictly applicable an assessment of the matter is provided in the report. • Better Living Development Control Plan – Part E4; • Heritage impacts (siting, design, materials and finishes); - 225 - USING LAND FOR LIVING Item 20, Ordinary Meeting, 08.06.10
• Landscaping; • Car parking and access; • Residential amenity; and • Submissions – Public interest.
Heritage Act, 1977 The proposal was referred to the Heritage Branch of the NSW Department of Planning in accordance with the requirements of Section 91 of the Environmental Planning and Assessment Act, (integrated development). This section calls up the requirements of the Section 57 of the Heritage Act, 1977 – Effect of interim orders and listing on State Heritage Register. The Everglades is listed on the State Heritage Register. The sections require Heritage Branch’s approval where any development is proposed in relation to a State Heritage item.
The proposal was referred to the Heritage Branch on the 18 December 2009. Assessment of the application by the Heritage Branch could not commence until the submissions received during the public notification period were forwarded. The notification period closed on the 28 January 2010. The Heritage Branch forwarded the application to the Heritage Council on the basis that the application was attracting significant public interest. The Heritage Council’s approval committee met on the 3 March 2010.
As discussed previously in the background section of this report, the Heritage Council declined to provide concurrence to the application as originally lodged until further information had been received.
The applicant subsequently modified the proposal to remove the kitchen and cafe elements as well as the access path and resubmitted the application seeking approval for the Visitor Centre only. The application was modified according to previous Heritage Council requirements where relevant.
The application was referred to the Heritage Branch of the Department of Planning for a second time on 29 March 2010. The proposal was considered at the Heritage Council meeting of the 6 May 2010 whereat General Terms of Approval (GTA) were issued.
The Heritage Council GTAs have been incorporated into the conditions of consent provided at Attachment 1. The proposal will require a Section 60 application to be approved by the Heritage Council prior to works commencing at the site. This Section 60 application will need to address all Heritage Council requirements.
The Heritage Council had concerns in relation to a lack of consistency with the plans as submitted with regards to pathways and landscaping, and sought new treatment of the external façade to better integrate with the surrounding landscape. Further details are also sought by the Heritage Council in relation to the Interpretation Plan proposed to be installed within the visitor centre and the treatment of the squash courts. The conservation works for the squash courts are mentioned within the heritage impact statement however, they have not comprised an element of this development application.
The GTAs also contain a condition requiring an addition to a stone wall to ensure that works are undertaken in accordance with the recommendations of the draft CMP.
The additional requirements of the Council in relation to matters such as improvements to landscaping, particularly in relation to the street frontage, and stronger tree protection measures, are consistent with Heritage Council GTA’s. The final plans will need approval by
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both the Heritage Council and Blue Mountains Council. The conditions reflect this requirement.
Sydney Drinking water catchment – Regional Environmental Plan No. 1. The subject site is located within the drinking water catchment. The proposal will result in additional hard surfaces of approximately 80m2. The additional hard surfaces are considered minor and will be able to be drained to the stormwater drainage system within the street. The application was referred to the Sydney Catchment Authority in accordance with REP 1 on the 3 February 2010. The application was referred for a second time with the revised plans on the 6 May 2010. The Sydney Catchment Authority provided concurrence to the grant of consent to the application subject to a number of conditions, which have been attached in the recommended conditions of consent to this report.
Compliance Table: Local Environmental Plan 1991 Cl Standard Proposed Compliance 3 Objectives The objectives of the LEP seek to identify and Yes 3.1(a) identify and protect the Blue Mountains natural and cultural protect cultural heritage. The application has undergone and natural rigorous heritage assessment thorough the heritage and Heritage Council and conditional approval has distinctive been granted by that authority. Whilst the character and proposal will change the existing streetscape to amenity some extent it is considered that the proposal will not detrimentally impact on the heritage 3. 1(c) qualities of the site. environmentally sensitive design Further objectives of the LEP seek to ensure and bushfire that development has been designed in an protection environmentally sensitive manner and to minimise bushfire risk. The proposal will result 3.1(f) economic in the loss of some landscaping, but will not development and create any adverse environmental impacts. employment The proposal will also not create any bushfire sympathetic to threat. These matters are dealt with further in Blue Mountains this report. character The LEP also seeks to provide community facilities and services and to encourage tourism and economic enterprises. It is considered that the proposed visitor facility will improve services to visitors to the Everglades and support the retention of the facility as an important example of Blue Mountains cultural heritage. 3.2 Additional objectives The proposal is consistent with the objectives Yes for Blue Mountains for the Blue Mountains ridge in that the Ridge proposal will not diminish natural bushland between towns, will enhance the opportunities for tourism and recreation at the site in a manner consistent with the natural landscape, the cultural heritage and the environment within an already serviced environment. There will be no adverse impacts to stream water quality. The proposal has been designed and sited in an appropriate manner.
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Cl Standard Proposed Compliance 6.2 Zone Objectives The part of the site on which works are Yes Bushland proposed is zoned Bushland Conservation. with Conservation a) The proposed works will result in changes conditions to the existing landscaping within the site. Landscaping issues will be discussed further in the report. The proposal will not be visible from the National Park; b) The proposed works will not impact on natural bushland buffers between towns; c) The form and siting of the proposed works will harmonise with the bushland character of the area; d) There is no impact to the bushland areas of the site in the revised application; e) Conditions are recommended to ensure appropriate fire safety construction provisions are implemented; and f) Conditions are recommended in regards to landscaping. It is considered that strict compliance with the objectives of the Bushland Conservation zone (such as conserving the natural bushland character) do not apply to this site given the historic nature of the site and it is more appropriate to encourage the planting of exotic species along the northern frontage. 9.1 General control of The proposed works may be defined under the Yes development LEP as “visitor facilities”. Visitor facility is a permissible use within the Bushland Conservation zone. A visitor facility is defined as ”the provision of walking tracks, interpretive signs, kiosks, lookouts, picnic facilities, toilet facilities, access for the disabled and ancillary car parking for the general public.”
The proposal complies with elements of this definition. The applicant states that the primary purpose of the visitor centre is to provide ticketing and entry control for visitors to the site and to house the volunteers who undertake this task in an improved way. The new visitor facility will also provide information and interpretation of the Everglades house for visitors. The existing ticketing booth was approved in 1963. It is considered a reasonable objective of the National Trust to upgrade this facility. The proposal most closely accords with the aspects of the definition referring to a kiosk and interpretive signs, as well as access for the disabled, which will be improved as a result of the proposal. The proposal will include the sale of National Trust merchandise, souvenirs and plants as well as housing the arts and craft gallery currently located within the house. Arts
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Cl Standard Proposed Compliance and craft gallery is a permissible use within the Bushland Conservation zone, and it is a use which extends to sales of arts and crafts. It is considered that the retail aspects of the proposal are of a minor scale, being both ancillary and incidental to the primary use of the building, which is a visitor facility. Moreover, all of the activities proposed as part of the proposal represent the continuation of the long- standing existing use of the Everglades house and gardens. Conditions of consent have been recommended in regards to hours of operation of this facility, so that these hours correspond with the operating hours of the garden and cannot operate independently of the main display garden activity. Conditions of consent are also recommended in relation to the nature of sales within the visitor facility to ensure that it remains an ancillary function to the primary purpose of ticket sales to the gardens.
It is the intention of the National Trust to improve the presentation of the house as a house museum. The existing cafe will remain located within the existing house. 10.2 Access The vehicular access driveway is to be Yes relocated to have a 1.9 metre setback from the adjoining boundary to the north. The access road does not traverse areas with a slope in excess of 33% and will be sealed in bitumen. 10.4 Design and character a) The proposed new buildings will be located Yes with below the skyline when viewed from a conditions public place; b) The proposed form, siting, colours and exterior surfaces are considered to be consistent with the character of the surrounding gardens. Details in relation to external finishes are conditioned in accordance with recommendations of the Heritage Council; c) Landscaping will be reduced in order to accommodate the relocated access driveway and access path. This matter will be discussed further in this report. Conditions of consent are recommended to improve landscaping outcomes on the site; and d) The site is not adjacent to land zoned Regional Open Space. 10.5 Environmental impact The revised plans now seek development N/A consent only for land within the frontage of Lot B. This area does not contain bushland and is not affected by any mapped areas of environmental significance. This clause does
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Cl Standard Proposed Compliance not apply to the proposal. 10.6 Height of buildings The maximum height of the visitor kiosk is 5 Yes metres as viewed from the rear (west) of the building due to a drop in the natural ground level from east to west.
The maximum height of buildings prescribed by this clause for the highest part of a roof from any point of a building ins 8.0 metres and 6.5 metres at eaves. 10.7 Heritage The proposal was referred to the Heritage Yes with Office in accordance with Section 91 of the EP conditions and A Act and to Council’s Heritage advisor. A full discussion of the comments received in relation to the proposal is provided further in this report. 10.8 Services The site has adequate connection to services to Yes with facilitate the development. Conditions are conditions recommended in order to ensure minimal disruption to the site as a result of the proposed addition to the sewer. 10.9 Site Coverage The total maximum area of site cover proposed Yes by the new buildings is 45m2.
The lot on which the development proposed is Lot B, this lot has an area of 3473m2. The notional development area for this site is 2398 m2 when the land zoned Environmental Protection is taken out of the total site area. This allows for a maximum site cover of 400m2 on Lot B. 10.10 Storage, sale or This clause prohibits the sale of goods between Yes (a) display of goods the road alignment and the building. The proposal includes a shop within the visitor centre for the sale of tickets and merchandise associated with the Everglades gardens, which is permissible as part of the visitor facility. (See cl. 9.1 above). Any external displays are confined to under the awining. 13 Advertising Signs The application originally included a proposal N/A for a directional sign. It has been agreed by the applicant that this component will be postponed and a separate application will be lodged. 15 Ancillary or incidental This clause prohibits ancillary development Yes with development unless there is a current consent to use the conditions land for that purpose. The proposal seeks approval for a visitor centre which will include retail sales. The sale of goods associated with the National Trust is considered to be acceptable. Conditions of consent are recommended to control the extent of sales. 25 Heritage The application was referred to the Heritage Yes with Conservation Branch for concurrence on the 18 December conditions
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Cl Standard Proposed Compliance 2009 under the provisions of Section 91 of the EP and A Act, 1979. Everglades Gardens is a State heritage item and as such any development on the site requires concurrence and is classified as integrated development.
The Heritage Branch referred the application to the Heritage Council for consideration as a contentious matter due to the significant number of submissions received.
Council’s heritage advisor has reviewed the proposal and provided comments. The outcomes of their deliberations and the Heritage Branch's and Council's Heritage consultant's assessments are discussed in greater detail within the body of the report. 30 Principal The development of the visitor facility is located N/A Development Area within Lot B DP389723. This lot has an area of 3473m2. The entire property of Everglades has an area of approximately 49,549 m2.
This clause only applies to a lot having an area of more than 4000m2 zoned Bushland Conservation. That part of the lot which is zoned Bushland Conservation has a total area of 2398.43m2.
A SEPP 1 application has been lodged in relation to this clause requesting a variation to the standard for a minimum boundary setback of 15 metres as the setback for the visitor centre is 9 metres from the front boundary. The SEPP 1 is not applicable to the site, however the issue is discussed further below. 34 Subdivision The applicant is not seeking subdivision as part Yes - of the proposal, however the National Trust is condition amenable to Council's suggestion that the site be consolidated as a condition of this consent. As the site is zoned Bushland Conservation (No Subdivision) it is considered pertinent to consolidate all lots as a way of linking the various functions of the site and ensuring the ongoing preservation of the site as a single entity. 35 Temporary use of This clause enables uses that are not normally N/A land permissible within a zone to operate at a site for a maximum period of 28 days within any 12 month period. It is this clause which enables the functions and events to be held at the site as approved under separate development applications.
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Cl Standard Proposed Compliance This application does not seek approval for functions and events. The proposed visitor facility is permissible with consent and does not rely on this clause.
The functions and events that are held at the site currently operate under consent X09/1003 and is due to expire on the 31 December 2010.
Clause 35 stipulates that consent for functions and events prohibit the making of permanent changes to the land or buildings on the land. The proposed visitor centre primarily provides ticket sales and information for the everyday visitation of patrons to the gardens.
State Environmental Planning Policy No. 1 – ‘Development Standards’ State Environmental Planning Policy No. 1 provides developers and consent authorities with flexibility in the application of development standards where strict compliance can be shown to be ‘unreasonable’ or ‘unnecessary’ and the development is consistent with the objectives of Section 5 of the Environmental Planning and Assessment Act, 1979.
The applicant submitted one (1) SEPP 1 objection relating to Clause 30(3) within LEP 1991. As discussed in the table above this clause is not strictly applicable to the site, as the allotment area is less than 4000m2. However the matter is considered in the light of the impact of the proposal across the entire property. It is recommended to include the requirement for the consolidation of allotments as a condition of consent.
Clause 30(3) – principal development area – building setback The minimum setback from a boundary is at least 15 metres where the width of the lot at the building line is 50 metres or more, or of at least 10 metres where the width of the lot at the building line is less than 50 metres.
The development is located on Lot B DP 389723. This lot has a width of 18.29 metres. This would require a minimum 10 metre setback to the building line. The entire Everglades property has a width of 260 metres which would require a setback of 15 metres to the front building line.
Given that the entire Everglades property operates as a single site it is taken that the intent of the clause would be to require a 15 metre setback for new structures; larger properties affording larger setbacks for new buildings and providing a more expansive garden setting.
The application seeks to locate a new visitor facility with a building line setback of 9 metres from the boundary. It is noted that the awning extends a further 4 metres beyond the building. Shelving for plant sales with a height of approximately 2 metres is to be constructed under the awning. The awning and the shelving are considered building structures. As such the setback to the building line is 5.5 metres from the front boundary.
A modification in the development standard from 15 metres to 5.5 metres for the front building setback, a variation of 33% is required should the entire Everglades property be considered, rather than just Lot B on which the development is proposed to be sited.
The setback immediately in front of the building will be covered in concrete decking and the location of the visitor centre will result in the removal of the spreading fir which is currently a
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prominent landscape feature of the street. It is proposed to incorporate some planting within the front setback within planter beds located within the concrete slab. This may provide some screening, but as discussed further in this report under landscaping, this element of the proposal can be improved upon. The new visitor centre will be partially screened by an existing large fir tree located on the lot immediately to the south of Lot B. There will be some pruning of lower branches to accommodate the height of the new building. There is a possibility that construction works for the kiosk could impact on the health of this large existing fir tree.
The applicant contends in the SEPP 1 objection that the visitor centre has been sited in order to limit any adverse impact on the heritage significance of the gardens. Lot B DP 389723 is outside of the formal Sorensen’s garden. In addition, the location of the visitor centre provides an important function in terms of site control and to facilitate ticket sales and introduce visitors to the gardens. The construction of the visitor centre is also justified in terms of providing an improved experience of the site for visitors and better conditions for the volunteers making ticket sales. Given these considerations, it is not considered reasonable to require that the visitor facility be setback 15 metres from the street.
Compliance Table: Better Living Development Control Plan Part Standard Proposed Compliance E4 Matrix plans and The applicant submitted adequate plans and Yes documentation documentation to allow for a full assessment of the proposal E.4.2 Biodiversity The revised plans do not impact on bushland N/A areas. There are no impacts on biodiversity as a result of the revised plans. E4.3 Weeds Conditions in relation to weed management N/A have not been included as part of the development consent as the development is limited to those parts of the site not affected by weed issues. It is understood that weed management is an ongoing function of the head gardener on site. E4.4 Stormwater Stormwater concept plans have been submitted Yes with with the application. These plans have been conditions reviewed by Council’s engineer and conditions are recommended to control and manage the disposal of stormwater from the site. E4.5 Streetscape and The proposal complies with the site coverage Yes character provisions under LEP 1991. A SEPP 1 has been received in relation to setbacks for the entry pavilion. This matter is dealt with further in this report. In summary it is considered that the proposal will not adversely impact on the quality of the streetscape if undertaken in accordance with the proposed conditions. E4.6 Landscaping Landscape plans have been submitted with the Yes with application. Conditions are recommended in conditions relation to landscaping to improve screening and rehabilitate areas post development. This issue is discussed in greater detail below. E4.7 Bushfire The site is mapped as bushfire prone. The Yes with application does not involve the construction of conditions habitable rooms and is not classified as a “special fire protection purpose” under the - 233 - USING LAND FOR LIVING Item 20, Ordinary Meeting, 08.06.10
Part Standard Proposed Compliance provisions of the Rural Fires Act, 1997. Part 4.3.6 of Planning for Bushfire Protection has been reviewed in relation to the proposal. The proposed visitor centre is a class 6 under the Building Code of Australia. The Building Code of Australia does not prescribe performance requirements for this class of building and as such the general fire safety construction provisions are taken as acceptable solutions. Council’s Building Fire Safety Officer has reviewed the plans and provides recommendations of conditions which have been included in the attached conditions of consent. E4.8 Services New services will be required to be provided for Yes with the proposed visitor centre. Waste from the conditions visitor centre will be managed within the existing waste management facilities. New sewer connections will be required. Conditions have been recommended with regards to the provision of new services. E4.9 Vehicular Further discussion on this issue is provided Yes with access, parking below. The proposal will result in a reduction in conditions and roads on site car parking from 17 to 15 car parking spaces. E4.10 Amenity The proposal will result in new facilities for Yes with patrons of the site, but does not seek to conditions increase the numbers of patrons attending the site. The applicant contends that noise will not be increased and that events will be maintained at existing approved levels. It is the intent of the proposal to improve existing facilities.
Further discussion of the impact of the proposal on residential amenity is provided below. E4.11 Energy Conditions are recommended to ensure that Yes with buildings are insulated to maximise energy conditions efficiency in addition to conditions relating to energy efficient hot water systems, and water saving toilets and taps. E4.12 Accessibility Conditions of consent are recommended to Yes with ensure that all new development complies with conditions the requirements of AS1428 – Design for Access and Mobility
Discussion of Issues 1. Heritage impact The significance of Everglades is widely recognised and the site is listed by the National Trust of Australia (NSW), the Register of the National Estate, the State Heritage Register and other heritage agencies. The significance of the site relates to the largely intact modernist garden, reputedly the most important Paul Sorenson garden and its unusually rich collection of exotic flora. The site also has significance as an example of a mountain retreat illustrating the way of life of its period. The site also has social significance due to the aesthetic regard held for the garden in the local community and as important location for cultural activities and - 234 - USING LAND FOR LIVING Item 20, Ordinary Meeting, 08.06.10
charitable events in the Blue Mountains. The ongoing presence of the Society of Mountains Artists contributes to the cultural life of the area.
The proposed works represent new development at the site and the potential impact of the proposal on the heritage significance of the site needs to be carefully assessed. The proposal has been subject to rigorous assessment by the Heritage Branch of the Department of Planning. It has been determined by that authority that the proposal can be supported with conditions which have been included in the attached conditions of consent.
In addition to the Heritage Branch's assessment the following comments are made relation to heritage impact.
The revised proposal was accompanied with a revised heritage impact statement which includes an assessment of the proposal against the draft CMP conservation policies. On reviewing this assessment the following areas remain potentially ambiguous:
Policy 10 – (in part) ... where new paths and pavements are introduced their surface treatment needs to conform to the early design vocabulary of the site....where new stone walls or repairs are undertaken, stone is to be split stone of rubble, not sawn stone or stone with tooled finishes.
As new paths and stone walls are proposed, it is recommended that conditions be incorporated with the consent to ensure consistency with this element of the draft CMP.
Policy 11 – where new services are required, then these should be introduced discretely to avoid damage to significant fabric and avoid visual impact on significant spaces.
It is not clear from the plans where the new sewer line will be provided to. It is noted there is a sewer line to the west of the site, connection to this pipe could result in removal of more trees from the site. It would be more appropriate to ensure that new sewer lines are connected to the sewer line located on Everglades Avenue.
Policy 12 – Existing access to the site should be maintained – guidelines; the principal pedestrian access to the garden should remain via the existing main entrance. Existing vehicular access points should be retained.
The proposal diverges from this policy as the visitor centre will shift pedestrian access from the main gates to a new entrance, approximately 7 metres to the north of the existing gates. Upon entering and paying for admission pedestrians will be directed through a new pathway which will link back to the existing main walkway into the gardens. In addition the vehicular access is being modified slightly to allow for the location of the visitors centre.
In general the proposed changes are relatively minor. The new access arrangements for pedestrians can be further improved upon as discussed further in this report.
Policy 18 (in part) Any new building and other works which may be constructed within the appropriate area within the curtilage should be carefully designed and located so as not to diminish the significance of the place. Height should be restricted to one storey and the form, scale, materials and setbacks of new buildings should complement the existing buildings within the curtilage boundaries.
The HIS states that the draft CMP recognises the necessity of a new visitor centre to be located on the site. In determining an appropriate siting for the new visitor centre the HIS analyses 2 other locations and refers to the curtilage diagram provided within the draft CMP (figure 15). The areas identified within the draft CMP for new buildings is within the north
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eastern car park, in the north western corner of the site and in the south eastern car park (off Blaxland Avenue). It is agreed that the most suitable location for the visitor centre within these curtilage areas is the north eastern car park. Given the constraints of the site and the function of the visitor centre, primarily for ticket sales, it is considered justified that the new visitor centre is located within the front setback of the northern most allotment. The HIS further refers to a location along the existing path on Lot 9 DP 3764 which was identified to address concerns raised by neighbouring properties. It is agreed that this location would have a greater and detrimental impact on the historic significance of the gardens.
With regards to the design of the new visitor facility, the proposal is simple and functional and with some changes as recommended by the Heritage Branch incorporated within the design as well as adjustments to landscaping configuration to improve screening the new building will blend in with the gardens and be unobtrusive.
Policy 27 A new gatehouse should be designed and sited so that its impact on the heritage significance and the curtilage of the everglades is minimised.
As discussed under policy 18 the proposed siting and design of the visitor centre has been selected on the basis of reducing impacts on the heritage significance of the everglades.
Heritage Branch recommendations As previously discussed in this report, the application was referred to the Heritage Branch in accordance with the requirements of the Heritage Act, 1977. The Heritage Branch made a full report on the proposal as originally lodged and referred the matter to the Heritage Council for consideration in response to significant community interest in the proposal. The Heritage Council declined to provide General Terms of Approval to the original proposal until a range of matters were resolved. The report to the Heritage Council dated 3rd March 2010 raised concerns in relation to the removal of trees and shrubs within the car park area leaving the northern end of the site open to the street. Conditions were originally imposed to increase landscaping along the northern frontage to soften and screen the openness of the site to the street. The revised plans partially addressed this concern, however Council's landscape assessment officer recommends further improvements to ensure planting is practical on a site where regular pedestrian traffic is expected. Those amendments will need to be incorporated into the final plans for approval under s60 of the Heritage Act and by the Council prior to issue of the Construction Certificate
2. Landscape assessment The landscape assessment raises concerns in relation to the documentation provided to Council for consideration. The revised plans were not accompanied by a full arborist’s report as requested, but by a letter from an arobrist addressing key points. As a result it is recommended that further additional information and some changes to plans as submitted be provided to Council prior to the release of a construction certificate.
The proposed development has the potential to impact adversely on the Cuppressas macrocarpa, the large tree sited on the boundary of the adjoining allotment and identified for retention. This tree is a major tree within the streetscape and contributes considerably to the character of the area. It acts as a marker and entrance to the Everglades garden. It is acknowledged that there had already been impacts on the root zone which the tree has appeared to have withstood, such as the existing ticket booth, fire hydrants and water tanks. However cumulative impacts can build up and eventually affect the tree.
There is major concern that the large concrete apron proposed as the major pedestrian entry to the site and the construction of the new path adjacent to the trunk of the Cuppressas could result in adverse impacts on the root zones of this tree affecting its vitality. The conditions require a reduction in the amount of concrete in this area and the maintenance of most of the
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existing pathway from the new visitor centre to the gardens rather than constructing a new path which is proposed to be located closer to the Cuppressa. A detailed arborist’s report is required to be submitted to manage the construction to ensure that the new development does not fatally impact upon the large tree.
The arborist’s report must also fully address the impact of the proposed works on the trees on the adjoining property to the north of the site and recommend critical root zone management treatment of all trees that may be affected by the proposed works to ensure that their survival.
The level of replacement landscaping proposed along the eastern boundary is considered insufficient. The proposal will result in the removal of a large spreading fir tree which has not been identified as a tree for removal on the landscape plans, ostensibly as it is a shrub and not a tree. This approach fails to acknowledge the significant amount of screening which this plant currently provides to the car park and as a result the plans do not adequately address appropriate screening of the visitor centre from the street.
The proposed planter beds and the planting of crepe myrtles are considered to be insufficient to provide adequate screening and crepe myrtles not sufficiently strong growing in the upper mountains. Further, there is a conflict created by the planter beds and the pedestrian access available across the frontage of Lot B. Pedestrian traffic will affect the growing potential of plants within these planter beds and should the trees planted in this location survive, they will need to be pruned high to allow pedestrian access and to minimise injuries to pedestrians.
Conditions require the amendment of plans to reflect the desired outcomes. Those plans will require the approval of both the Heritage Council and BMCC.
3. Car parking and access The existing visitor car parking and access area will be modified to accommodate the new visitor building. The drive way is proposed to move approximately 2 metres to the north at the street frontage and will be located approximately 1.9 metres from the boundary of the adjoining residential property. Changes to the driveway will result in a reduction in the amount of landscaped areas within the car park in order to make space for the visitor building. Additional landscaping is proposed to ameliorate the visual impacts of the new driveway.
At present there are 17 on site car parking spaces including one (1) disabled car parking space. There are an additional 14, marked and angled car parking spaces, including two (2) disabled car parking spaces immediately in front of the site. An additional eight (8) car parking spaces were approved under consent D96/1147 for the refreshment room for parking for staff and tenants to be constructed off the Blaxland Avenue entrance to the Everglades garden. At the time of inspection the Blaxland Avenue entrance was locked. The area set aside for staff car parking is used as a garden maintenance area, there is no evidence that this part of the site has never been used for car parking.
The proposed visitor centre will result in a reduction of on site car parking to 14 spaces, including two (2) disabled car parking space. This equates to a reduction of three (3) on site car parking spaces.
The requirement for car parking on site is determined by the amount of floor space on site. The proposal will result in an increase of total gross floor area on site by 35m2 for the visitor building. The Statement of Environmental Effects argues that this proposal does not seek to increase the patronage of the Gardens, and is ancillary to the primary use of the site as public gardens.
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The Better Living DCP determines that car parking for the purpose of visitor facilities is required to be determined by a traffic study. An assessment of traffic and parking implications was prepared for the revised plans by Transport and Traffic Planning Associates (dated March 2010) and submitted with the additional documentation received by Council in March. This study includes reference to the unconstructed and non existent staff car parking area located off Blaxland Avenue and recommends that all staff and volunteer parking is to occur in the lower car park to relieve parking on the upper car park for visitors.
The traffic study finds that traffic activity associated with the proposal which is an average visitation rate of 39 vehicles during weekdays and 80 vehicles during the weekends, can be accommodated by the existing road network. The traffic report only briefly refers to coach numbers as they relate to the special events (which are the subject of the separate consent for temporary use) by stating that coaches do at times stand in the designated car parking in the street at the site frontage.
The traffic report refers to discussions which the management of the gardens are conducting with coach operators to ensure that coaches are transported else where while an event is taking places.
The traffic report recognises that larger events are unable to accommodate all associated parking demand, thereby resulting in a demand for on street car parking in the surrounding locality. There are a maximum of 6 large events per year (over 200 people).
The traffic report finds that the site can accommodate on site car parking for events with a maximum of 100 persons with a combination of the 15 on site visitor car parking spaces, the 20 angled street car parking spaces adjacent to the site and the use of the lower staff car park for all employees/ workers associated with these events.
Many submissions raise concerns in relation to the impact of coaches travelling to the Everglades gardens within the local road network, the noise created from idling buses and impacts on the grassed verges adjoining the roads. There are no facilities for coach parking provided on site or adjacent to the site. Coaches can be a problem during normal operations, not simply during events.
In view of the fact that this development will remove 3 onsite carparking spaces it is considered reasonable to require the improvement of traffic arrangements, notwithstanding that it is the applicant’s claim that the development will not result in an intensification of use. Conditions are recommended to require: • The reinstatement of the lower car park off Blaxland Road and it use by staff and volunteers; and • The alternative arrangements for coaches referred to in the report, being finalized and agreed by the Council prior to the release of the construction certificate.
4. Residential amenity The proposal will result in a potential increase of noise and a loss of visual privacy, particularly for the adjacent neighbour to the north of the site. The new visitor centre will be located closer to the adjoining residential property and changes in the landscape will reduce screening of the Everglades gardens from the adjacent property. The revised plans have increased the setback to the adjoining neighbour to the north and now include increased planting to provide screening and the conditions require an arborist to specify and oversight measures to protect trees that are to be retained on the subject and the adjoining site. It is considered that these measures will alleviate impacts satisfactorily. In addition a condition of consent is proposed to require that fencing is maintained to provide screening for the immediately adjoining neighbour.
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The additional noise impacts are considered relatively minor – ticket sales already occur at the front of the site, resulting on occasions in some congregation of visitors at the front of the site. Congregation of visitors will now principally occur within a building thereby reducing potential noise impacts on adjoining residences. It is therefore considered not to be warranted to require a noise impact report for the proposal.
A condition of consent is recommended in relation to the operation of the visitor centre to be restricted to the opening hours of the gardens. Ticketing arrangements for events held after hours are not to rely on the operation of the visitor centre after hours in order to reduce impacts on adjoining residences. Any lighting proposed for the visitor centre will need to be provided to Council and the Heritage Branch prior to the issue of a Construction Certificate.
5. Bushfire risk The subject site is mapped as bushfire prone, however the proposed visitor centre is not listed as a special fire protection purpose under Planning for Bushfire Protection (PBP). Section 4.3.6 of PBP lists standards for ‘other’ development. The visitor centre is a Class 6 building under the Building Code of Australia. The BCA does not provide for any bush fire specific performance requirements. The general fire safety construction standards are taken as acceptable solutions, provided that the aims and objectives of PBP are satisfied. Council’s Environmental Fire and Safety Specialist has provided conditions in this regard.
It is considered that the proposal complies with the aims and objectives of PBP. The proposed visitor centre is located in the front setback of the site. There is safe operational access and egress from the site for emergency services and utility services are available for fire fighting.
6. Submissions As discussed in the report above 55 submissions were received in total across two separate notification periods. A summary table of all submissions is provided as an attachment to this report. The majority of matters raised within the submissions have been dealt with in the report.
Many submissions received, particularly in response to the first notification period which included the proposal for a café and access path were concerned that the proposal was an intensification of the use of the site and that the proposal represented an increased commercialisation of the Everglades Garden. The submission of revised plans seeking only the construction of a new visitors centre may have allayed the majority of concerns in regards to the commercialisation of the site, however some submissions were still concerned at the provision of retail space within the visitor centre. It is noted that some retailing already occurs from the site within the existing house. It is the intention of the management of the site to relocate all sales from the house to the visitor centre. This will enable an improved presentation of the centre as a house museum. It is considered that any retailing associated with the site is ancillary to the primary function of the site as a garden and any sales from the site will constitute souvenirs, and arts and craft products which are consistent with the existing sales from the site. It is considered that the proposal does not seek to intensify the existing uses at the site, but will provide improved facilities and presentation of the site.
It is noted that the Everglades gardens cannot be described as a strictly passive recreation area. The statement of heritage significance references the importance of the site to the social and cultural life of the Blue Mountains and as a significant tourist destination. This continues to be an important function of the site. The subject development application does not relate to the operation of functions and events at the site. The current development application will expire on the 31 December 2010. Any future applications for events and functions will require the submission of a detailed traffic management plan.
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One submission raised concern that the proposal had not been approved by the local Aboriginal communities. It is not a requirement that Council seek concurrence with local Aboriginal groups for development on private land and is particularly not relevant where development is confined to existing development footprint.
The proposal as originally submitted included proposals for signage. This part of the application has now been withdrawn. Any proposals for additional signage will require separate consent.
Many submissions were concerned that the National Trust has broader plans for the site which may considerably intensify the use of the site. Surveys had apparently been posted to adjoining residents seeking their opinions on various future use options for the site. Council can only assess the application before Council. Any future developments of the site would require a separate development assessment process.
7. Claims of invalidity One of the submissions claims that the application, its public notification and the issuing of General Terms of Approval (GTAs) by the Heritage Council, give rise to invalidity. These issues are summarized in Attachment 3 (Submission 1, second notification). Only the Land and Environment Court could invalidate a consent. However, it is necessary for the Council to consider the issues raised both in assessing, and ultimately in determining, the application before it.
It is claimed that the lodged application failed to contain information, which is required to be included in an application by cl. 50 of EPAR, and is invalid on this basis. It is considered that in the assessment of the application, that the Council had before it adequate information to properly assess the application and its potential impacts. This is derived not only from the submitted DA, but its own resources, additional information sought, site inspections by specialist staff and issues raised in public submissions. Furthermore, any deficiency in the information provided by the applicant, as required by cl. 50 EPAR, is unlikely to give rise to invalidity, having regard to the particular circumstances of the DA and its assessment. This is informed by the principles arising from the Court of Appeal decision in Cranky Rock Road Action Group Inc. and Anor v. Cowra Shire Council [2006] NSWCA 339 and the subsequent application of those findings by the Court (see McGovern v. Ku-Ring-Gai Council and Anor [2007] NSW LEC 22).
The application and accompanying information was notified in accordance with the requirements of Division 7 (Public Participation – other advertised development), Part 6 of EPAR. As noted previously, the application was amended to remove or delete components of the development in response to the assessment process under cl. 55 of EPAR. It is claimed that such an amendment represents ‘substantial changes’, which should give rise to re-exhibition. However, the same outcome could be achieved by a consent authority granting a partial consent, which excludes and refuses those same components (s. 80(4), EP&A Act 1979). Having regard to cl. 90 of EPAR, there is no need for a further notification particularly given the relatively minor changes made to the retained visitor facility.
In relation to this amendment, the decision to notify previous submitters and adjoining properties is consistent with practices of the Council to further public participation and to update residents on the changes to an application of obvious interest and concern. As a non-statutory exhibition, the suggestion that the Heritage Council was barred from issuing GTAs until submissions from the second notification were received is not agreed. The Heritage Branch/Council considered public submissions from the statutory notification, as well as direct representations. As with the Council process, there is no information to suggest the Heritage Council process failed to comply with the statutory process or the underlying consultation objective.
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Objectors suggested that the draft Conservation Management Plan (CMP) should have been subject to the public exhibition. The draft CMP did not accompany the lodged application, nor was it required to. That document was referenced in the submitted and exhibited Heritage Impact Assessment (HIS), and was sought by the Council to further its assessment. The document was also considered in detail by the Heritage Council. It is reiterated that the application did not rely on the draft CMP, but once it was available it appropriately informed the assessment of heritage impact.
The issue of a retail component is considered in relation to cl. 9 above. The principles of Foodbarn Pty Ld v. Solicitor – General for NSW (1975) 32 LGRA are relevant to the characterization of use in a planning context. The principal and predominant use of the Everglades house and gardens is concerned with public access to and enjoyment of the gardens and its buildings. Within that dominant use, there are a number of components such as a café, gallery, arts and crafts and visitor facilities which are all permissible. It proposed to incorporate within one of those components – the visitor facility – the display and sale of interpretative material, National Trust publications and plants etc. It is considered that this retail component is not only ancillary and incidental to the overall use of Everglades, but also an ancillary component of the visitor facility. It forms a minor and integrated part of that facility, both in terms of its physical design and use; it is not an independent use. Further, all of the proposed activities subject to this application are all lawfully undertaken at Everglades. These are existing uses which may continue to operate on this site, with any alterations of those uses being subject to consent.
Having regard to the matters above, and other issues nominated within the submission that are considered in assessing the merits of the application against the statutory planning framework, it is considered that the application is valid and that it is open to the Council to determine the application on its merits.
Conclusion The proposal represents an improvement to existing facilities at the Everglades gardens for visitors and volunteers. There are some deficiencies with regards to the plans as submitted particularly in relation to the provision of adequate screening of the visitor centre from the street with an appropriate landscape buffer, identification of an appropriate pedestrian pathway network and in terms of the materials and finishes of the proposed building. However these concerns can be overcome through conditions. The proposal has concurrence from the SCA and General Terms of Approval from the Heritage Office. The application will still require a Section 60 approval under the Heritage Act, 1977.
ATTACHMENTS/ENCLOSURES
1 Conditions of Consent 10/72833 Attachment 2 Plans 10/73206 Attachment 3 Summary of Submissions 10/72836 Attachment
* * * * * * * * * *
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Attachment 1 - Conditions of Consent
Preliminary Confirmation of relevant 1. To confirm and clarify the terms of consent, the development shall be plans carried out in accordance with the plans prepared by Lacoste + Stevens Pty Ltd architects: Site Plan – numbered A-001, issue D, dated 24 March 2010; Entry Pavilion – numbered A-200, issue D, dated 24 March 2010 (as amended in red); Site Plan – numbered A-002 issue D dated 24 March 2010 (as amended in red); Entry Pavilion Roof Plan – numbered A-101, issue D, dated 24 March 2010; and Accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent.
Building Code of Australia 2. All building work must be carried out in accordance with the provisions of the Building Code of Australia.
Construction certificate 3. A construction certificate is required prior to the commencement of (building) any site or building works. This certificate can be issued either by Council as the consent authority or by an accredited certifier.
Occupation Certificate 4. The building shall not be used or occupied prior to the issue of an Occupation Certificate in accordance with Sections 109H and 109M of the Environmental Planning and Assessment Act 1979.
Heritage Council Conditions Heritage Conditions 5. All works shall be in accordance the following documents:
a) Everglades Access Path, Landscape Development Application Documentation, Drawings: L_09619_000 Cover Sheet & Site Plan; L_09619_1000 Landscape Concept Plan; L_09619_4000 Planting Plan; L_09619_5000 Landscape Sections; All the above issue D, dated 24/3/2010;
b) Everglades Access Path, Landscape Development Application Documentation, Drawing L_09619_2000 Demolition Plan, Issue E, dated 1/4/2010; All the above prepared by Context Landscape Architect;
c) Everglades Pavilions Stage 2 Project A 0914: Visitors Centre, Drawings A000 Location Plan; A001 & A002 Site Plans (2); A100 Entry Pavilion Plan; A101 Entry Pavilion Roof Plan; A200 & A201 Entry Pavilion Elevations (2); A300 Entry Pavilion Section; A500 Photomontage View From Street; A501 Photomontage View From Driveway;
All the above prepared by Lacoste+Stevenson, all Revision D, all dated 24/3/2010; and
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d) Statement of Environmental Effects, prepared by Richard Dinham Consulting P/L, Revised March 2010, including Appendix B: revised Heritage Impact Statement by City Plan Heritage; and Appendix M: Conservation Management Plan, prepared by Anne Higham, Associate Professor Ian Jack, Colleen Morris, in association with Rod Howard & Associates P/L, draft issue A, dated 9/2009;
Except as amended by the following conditions:
Further details required to 6. As insufficient information was received, this approval does not apply be submitted on the to the following matters: following matters – external a) The external cladding and finishes of the proposed ticket office cladding and shop;
b) The interpretation of the proposed ticket office and shop;
c) The lighting scheme for the site; and
d) The conservation works to the former squash court.
Further details shall be provided for approval with the Section 60 application on the following matters:
a) The external cladding and finishes of the proposed ticket office and shop;
b) The interpretation of the proposed ticket office and shop;
c) The lighting scheme for the site; and
d) Any proposed repair and conservation works to the squash court and the house, shall be provided with the required S60 application.
Interpretation Strategy 7. An interpretation strategy shall be submitted with the Section 60 application. The interpretation of the proposed ticket office and shop shall be in accordance with this interpretation strategy.
Pathway amalgamations 8. Inconsistencies between Site Plan drawing A001 Revision D and Landscape Concept Plan drawing L_09619_1000 Revision D shall be resolved and submitted with the required S60 application. These inconsistencies include the following items:
a) what appear to be two other, un-gated pedestrian paths from the car park area allowing unpaid entry to the garden towards the existing squash court and immediately west of the visitors’ centre (compacted sandstone path for maintenance);
b) how persons using the above-noted paths will be prevented from entering the garden without first paying a site entry fee;
c) that the existing garden entry path from the car park past the existing gate house is to be removed and how this part of the garden will be made good (e.g. what new plantings) alongside the proposed new garden entry path leading out of the visitors’ centre;
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Tree Management and 9. The finished levels of the realigned driveway will be maintained Landscaping Materials approximately 150mm above existing levels (to protect trees T22 (Canadian poplar), T23 (Monterey cypress) and a group of trees on the adjacent property near the proposed driveway entry)
During construction appropriate safeguards from adverse impacts will be undertaken to protect the root zones of all these trees. These safeguards shall be specified by and to the satisfaction of a qualified arborist who shall supervise their establishment, maintenance and removal after completion of works. This arborist shall also monitor the health and condition of these trees at a minimum of every two months over a twelve month period after completion of works;
Adequate deep soil preparation to the satisfaction of Blue Mountains City Council’s parks manager shall precede the planting of the proposed northern boundary planting of shrubs and future hedge plants to ensure these have a good chance of reaching the projected height and density;
The new low wall beside the Vistors Centre shall be built of dry stone to be consistent with existing Everglades Ave boundary walls and the conservation management plan section 3.5.2. Any extensions to the stone wall as a result of the Council’s requirements to extend a garden bed along the frontage must be consistent with this requirement.
Section 60 application 10. A Section 60 application under the Heritage Act shall be submitted for approval by the Heritage Council prior to works commencing and prior to the issue of a construction certificate for the work.
Prior to the issue of a construction certificate
Arborist report and tree 11. The full arborist’s report and tree management strategy is to be management strategy submitted to the Heritage Council under s60 Heritage Act and to the Blue Mountains Council for consideration and approval prior to release of the construction certificate. The aborists report and tree management strategy must contain: • A full description of the retained trees likely to be affected by the development, including those on the adjoin property. Their condition, health and SULE classification are to be determined, and aspects of the development considered by the arborist clearly defined.
• A Tree Management Plan that outlines tree protection measures to be employed on site during site works is to be submitted for review and approval. The plan must include, but not be limited to the following provisions:
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o A full description of the protection measures to be implemented for the conservation of the subject trees, including but not limited to:
Extent of tree protection zone;
Tree protection measures, including root zone, trunk and canopy conservation;
Ameliorative measures and general tree management to be employed (if any) during the construction phase, including supervision requirements during construction;
Post construction amelioration and maintenance of the trees (canopy, trunk and rootzone)
The details of the supervision and ongoing monitoring by a qualified arborist for a minimum of twelve months after the completion of works.
• Unless otherwise specified in the plan, the following is to be implemented;
o Where trees are located adjacent to the proposed pathway, driveway or built structures, adequate tree protection measures must reduce the potential for accidental damage to either the trunk, canopy or the critical root zone.
o Fencing of tree protection zones (TPZ): Prior to commencement of works a two metre high fence (chain mesh, roadside barrier webbing or similar) shall be erected around protection zones. The fencing shall encompass the maximum possible area around the dripline of the canopy, but must be located at a distance of no less than 3 metres from the base of the trees.
o Signage: TPZ fences shall be signposted to advise all people associated with the development (e.g. contractors, suppliers, developers & workers) and the general public of their purpose, e.g. (Tree protection area - No admittance). Signs are to be maintained and remain throughout the construction period.
o An inspection of these structures must be arranged with the Principal Certifying Authority prior to the commencement of site works.
o The barriers must be maintained in good order during the construction process.
o Protection of Root Zone: within the TPZ, there shall be:
No Storage of building materials, site sheds,
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paving or other impervious materials;
No Excavation or increased soil level;
No Installation of underground services, eg. plumbing, power, gas etc;
No Dumping of refuse;
No Chemical run-off (including concrete wash, paint wash etc.).
Amended layout of ticket 12. In order to conserve existing dominant landscape elements, provide office and access pathway for the re-establishment of a prominent landscape character and setting and provide sufficient screening of the development from public areas, the following amendments to the layout of ticket office and access pathway are required: 1. All areas forward of the awning alignment on the eastern elevation of the proposed ticket office are to be maintained as natural soils with existing soil levels to the following extent: • from the boundary alignment along Everglades Avenue to a depth of 5-5.2 metres (west) and • from the southern boundary of the allotment to a distance of 9 metres (north). 2. An amended pedestrian access point is to be provided from Everglades Avenue in the location of the proposed planter box, linking in a direct line eastern and western access points to the pathway. 3. The new access gate and pathway from the ticket office to the Everglades garden is to be aligned as closely as is practicable with the existing pathway, thereby minimising further encroachment into the critical rootzone of the retained Cupressus macrocarpa. 4. Stonewalling or similar boundary treatment is to be provided along Everglades Avenue to ensure no pedestrian access except at a single gated entrance. These must be demonstrated fully on amended Architectural and Landscape plans to be submitted and approved by the Council prior to release of the construction certificate and the s. 60 application to the Heritage Council.
Amendments to the 13. To protect and enhance the established landscape character of the Landscape proposal locality, and ensure the landscaping associated with the new development achieves a consistency with cultural context of the site, amendment of the landscape proposal is required. The following matters are to be fully addressed within the amended landscape plan. 1. In order to enable the re-establishment of appropriate screening vegetation and adequate conservation of areas within the critical root zone of the retained Cupressus macrocarpa, there is to be a reduction of hardstand area within the front set back to
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Everglades Avenue. Landscape plans must reflect any amendments to the layout as shown in updated Architectural plans, particularly in the extent of the area available for landscape treatment. 2. In order to minimise the potential impact of pedestrian movement upon retained features, and to ensure successful establishment of new landscape areas, pedestrian access from Everglades Avenue is to be limited to a single gated pathway, aligned with the access pathway to the carpark areas. Low fences are to be provided to restrict alternative access. 3. In order to provide adequate screening and ensure minimisation of the impact of the new development when viewed from the public roadway and nearby properties, the landscape treatment of the front set back and boundary alignment is to be amended. The dominant plants selected for use must be non invasive and long lived, (generally) exotic species of moderate diversity, which consolidate the traditional character of the area;
The plant selection must reinforce successful established elements within the Everglades landscape.
A combination of taller deciduous elements with lower growing and appropriate shrub species (2 -3 metres) along the road frontage is required to provide consistency of street front character and year round screening of the new structure. Species selected must be tolerant of minimal soil volumes and high acidity levels likely to be associated with the area beneath established conifers. The landscape must incorporate proposed boundary plantings that are suited to the climate and microclimatic constraints operating on the site, and likely to successfully achieve their functional role within ten years. Omit the following species from the selection:
o Lagerstroemia indica
o Malus floribunda
o Acmena smithii ‘minor’
The planting palette should consider the inclusion of some of the following species.
Pyrus calleryana ‘Capital’, Prunus cerasifera “Oakville Crimson Spire”, Acer rubrum ‘Scarsen-Scarlet Sentinel’, Quercus palustris 'Pringreen' Green Pillar, Prunus serrulata cvs, Quercus palustris and Q. Coccinea; conifers such as Cupressus sempervirens ‘Glauca’, evergreen trees and shrubs such as Rhododendron spp. Magnolia grandiflora, Camellia japonica, , Viburnum tinus, numerous Rhododendron
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and Azalea cultivars and Abelia grandiflora, 4. Given the importance of timely re-establishment of the landscape character of the site, screen plants and feature trees as shown must be in an advanced stage of growth at the time of planting (25 litre containers for shrubs and minimum 45 litre container for trees or equivalent if purchasing bare rooted specimens). Trees must not be less than 2 metres in height. Infill and minor plantings may be provided as semi-advanced (150mm container size). The amended landscape plan is to be submitted to the Heritage Council under s60 Heritage Act and to the Blue Mountains Council for consideration and approval prior to release of the Construction Certificate. Healthy and vigorous plants consistent with the species nominated on approved landscape plans as feature trees and screen plantings, or otherwise as amended by Council, must be sighted in the landscape prior to occupation. All works shown on the landscaping plan (including fencing details and other landscape elements) shall also be installed prior to occupation.
Sydney Catchment Authority 14. The following stormwater management measures are to be conditions – Stormwater implemented: Management a) the roof runoff from the visitor centre is to be collected in an existing 85,000 litre rainwater tank;
b) the rainwater tank is to be plumbed to toilets and for other non potable reuse such as landscape irrigation;
c) the overflow from the rainwater tank and stormwater runoff from hard surfaces is to be directed to the stormwater drainage system or on stable grassed areas. Discharges from the stormwater drainage system shall be directed to stabilised surfaces with the provision for energy dissipation at the outlet to prevent erosion;
Any variation to stormwater management is to be agreed to by the Sydney Catchment Authority;
All stormwater management structures including pits and rainwater tank are to be inspected, cleaned and maintained in accordance with the manufacturer’s specifications and best practice;
Bus and coach parking 15. Prior to the issue of a construction certificate, the applicant is to management plan submit to Council and have approved by Council, a bus and coach parking management plan for the Everglades. The management plan is to address the following matters: • Appropriate drop off and pick up locations for bus and coach visitors
• Location of bus and coach parking whilst visitors attend the site
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Approval under the Roads 16. Prior to the issue of the Construction Certificate and prior to the Act 1993 commencement of works within the road reserve, fully detailed engineering plans and specifications are to be submitted to and approved by Council under the Roads Act 1993. The engineering plans are to address the following: • Removal of the obsolete driveway layback and apron crossing in Everglades Avenue, and the restoration of that area
• The construction of the new heavy duty reinforced concrete driveway and layback
• A traffic management plan for the works
• An erosion and sediment control plan for the works
• Linemarking of the existing angled car parking spaces within the Everglades Avenue frontage of the site
Assessment fees will be charged in accordance with Council’s current schedule of fees and charges.
Internal car parking area 17. Prior to the issue of the construction certificate, a detailed design of design the internal car parking area and driveway is to be submitted to and approved by the Principal Certifying Authority. The internal car parking area and driveway is to be designed, line marked and signposted in accordance with Australian Standard (AS) 2890.1/2004 and AS 2890.2/2002.
During Construction Site management 18. To safeguard the local amenity, reduce noise nuisance and to prevent environmental pollution during the construction period: a) Site and building works (including the delivery of materials to and from the property) shall be carried out Monday to Friday between 7am-6pm and on Saturdays between 8am-3pm, excluding public holidays. Alteration to these hours may be possible for safety reasons but only on the approval of Council. b) Stockpiles of topsoil, sand, aggregate, spoil or other material shall be stored clear of any drainage path or easement, natural watercourse, footpath, kerb or road surface and shall have measures in place to prevent the movement of such material off site. c) Building operations such as brickcutting, washing tools, concreting and bricklaying shall be undertaken on the building block. The pollutants from these building operations shall be contained on site. d) Builders waste generated under this consent (including felled trees, tree stumps and other vegetation) must not be burnt or buried on site. All waste must be contained and removed to an approved Waste Disposal Depot or in the case of vegetation, with the exception of environmental and declared noxious weeds,
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mulched for re-use on site.
Signage 19. To ensure that the site is easily identifiable for deliveries and provides information on the person responsible for the site, a sign displaying the following information is to be erected: The statement “Unauthorised access to the site is not permitted”.
The names of the builder or another person responsible for the site along with an out of hours contact number.
Lot or Street number.
Demolition management 20. The work is to be executed by a competent person, with due regard for safe working practices and in accordance with the requirements of the WorkCover Authority and Australian Standard 2601-1991.
At all times during demolition a competent person shall directly supervise work. It is the responsibility of the person to ensure that: The structure to be demolished and all its components shall be maintained in a stable and safe condition at all stages of the demolition work. Temporary bracing, guys, shoring or any combination of these, shall be added for stability where necessary.
Precautions are taken to ensure that the stability of all parts of the structure and the safety of persons on and outside the site are maintained particularly in the event of sudden and severe weather changes. Severe weather changes refer primarily to the localised high winds. In these circumstances loose debris can become airborne, particularly if it is in sheet form.
The site shall be secured at all times against the unauthorised entry of persons or vehicles.
Utility services within the structure not required to be maintained during the demolition work shall be properly disconnected and sealed off before any stripping or demolition commences.
Removal of material 21. All demolished material and excess spoil from the site shall be disposed of at a location and in a manner approved of by Council. No material is to be burnt on site.
Work near significant trees 22. No construction work which may impact upon the trees specified in under supervision the approved plan to be protected, may be carried out unless the developer’s horticulturalist/arborist is present on the site.
The construction work must be carried out in accordance with all directions given by that horticulturalist/arborist
Accidental damage to trees 23. If, in the course of approved construction or excavation works, any and other vegetation to be tree proposed for retention suffers accidental damage to the primary
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retained root zone, trunk, crown or major branching, the plant(s) shall be treated as soon as it is practicable, or within 48 hours (whichever is the lesser) by an Arborist or a qualified horticulturalist.
If repair work is attempted and fails, or is impracticable, additional vegetation removal may be undertaken only following Council notification.
Replacement planting of additional advanced to super-advanced landscape species, characteristic of the locality, or of the same species as the damaged tree, is a requirement should this situation arise.
Where alternative species are proposed the selection must be approved by the Council.
It is an offence under Councils Tree Preservation Order to cause deliberate harm to trees, and such actions are likely to result in prosecution.
Sydney Catchment Authority 24. a) Effective erosion and sediment control works are to be conditions – Erosion and implemented as specified in the Concept Stormwater Management sediment control Plan prepared by George Floth Pty Ltd (Project No. S09335; Drawing No. H03; Revision P2; dated 29 January 2010);
b) The controls are to be installed prior to all construction works and must prevent sediment leaving the construction area, and are to be regularly maintained and retained until works have been completed and groundcover stabilised;
Use of internal car parking 25. During construction of the internal car parking area and driveway, no area Temporary Events are to occur that rely upon the use of the internal car parking area.
Prior to Occupation Sydney Water 26. A Section 73 Compliance Certificate under the Sydney Water Act Section 73 Certificate 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Coordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to “Water Servicing Coordinator” under “Developing Your Land” or telephone 13 20 92 for assistance. Following application a “Notice of Requirements” will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, as it can take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to issue of an Occupation/Subdivision Certificate.
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Consolidation of allotments 27. All allotments that comprise the Everglades gardens are to be consolidated into one (1) allotment. Evidence of the consolidation is to be provided to Council prior to the issue of an Occupation Certificate.
Landscape implementation 28. Landscape works within the carparking area and front setback shall be carried out in accordance with the approved amended Landscape Plan as amended and approved in accordance with conditions 10, 11 and the S60 approval under the Heritage Act and as detailed by the following: Planter beds will use Gap Graded or “structural” soils in the subsoil layer to assist in the provision of a sustainable growing medium for selected species.
In order to provide the necessary soil volume for tree species to be used in the carpark area, the same structural subsoil is to be provided beneath the car parking bays adjacent to the trees wherever possible.
The soil volume provided within each planter bed must be sufficient to ensure successful establishment and growth of selected tree and shrub species
Tree protection measures such as tree guards, fencing and other schemes necessary to ensure successful establishment of approved plantings are to be indicted on landscape plans.
Healthy and vigorous plants must be sighted in the landscape prior to issue of the Occupation Certificate.
Staff and volunteer car 29. Prior to the issue of the Occupation Certificate, the staff and volunteer parking area car parking area off Blaxland Avenue is to be reinstated as previously consented to.
Internal car parking area 30. Prior to the issue of the Occupation Certificate, the internal car construction parking area and driveway is to be constructed in accordance with the approved plans.
Certification by Council 31. Prior to the issue of the Occupation Certificate, written confirmation from Council’s Supervising Engineer is to be provided to the Principal Certifying Authority verifying that all external works have been completed in accordance with the approved plan and to Council’s satisfaction, including the restoration of all disturbed areas and the repair of all damage caused by the construction.
Site Management Hours of operation 32. The visitors centre shall be open to the public during opening hours for the Everglades gardens. The opening hours for the Everglades Gardens are 7 days a week , 10am – 5pm spring and summer, 10am – 4pm autumn and winter.
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The visitors centre shall not be open to the public outside the opening hours of Everglades Gardens.
Staff and volunteer car 33. All staff and volunteer car parking is to be located within the on site parking car parking area accessed off the Blaxland Avenue site frontage.
Use of the visitors centre for 34. To ensure that the sale of items remains ancillary and incidental to sales the visitor centre and the Everglades Garden, the sale of items shall be limited to those associated with Everglades Gardens and/or the National Trust and arts and crafts. Such items shall only be located or displayed within the building or under the building awning in accordance with approved plans.
Application for advertising 35. To protect the visual amenity of the neighbourhood and the city, an signage application for advertising sign/s must be made to and approved by Council prior to its erection. The advertising sign must be in accordance with Council’s Outdoor Advertising Policy. An application form, fee advice and a copy of the policy are available from Council’s Katoomba or Springwood offices.
Floodlighting 36. To protect the amenity of the local area, the floodlighting is to be positioned, directed and shielded so that it does not interfere with traffic safety or cause nuisance to adjoining and nearby properties.
Final fire safety certificate 37. The essential fire safety measures referred to in this Schedule, (Prior to occupation) excluding any existing measures, are to be installed within the building. Current / proposed and required A final fire safety certificate, in or to the effect of Form 15 (copy essential fire safety measures attached) is to be furnished by the owner of the building to the Principal Certifying Authority (PCA) prior to the issue of a final occupation certificate, in respect of all essential fire safety measures specified in the above Schedule. The certificate should state that each specified essential fire safety measure has been assessed by a properly qualified person (chosen by the owner), and was found to be capable of performing to a standard not less than that specified in the Schedule. Advice A person who carries out the assessment must inspect and verify the performance of each specified fire safety measure and must test the operation of each new item of equipment installed in accordance with the Schedule.
Annual fire safety statement 38. Each year, within 12 months of the previous statement or after a certificate of installation has been issued for the building (whichever Each essential fire safety measure is applicable), the owner of the building must ensure the Council in the building receives a fire safety statement. This is to be in the format of Form 15A (copy attached) and must deal with each essential fire safety measure in the building.
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As soon as practicable after the statement is issued, a copy of the statement (together with a copy of the current fire safety schedule) is to be given to the Commissioner of New South Wales Fire Brigades. A further copy is to be prominently displayed in the building.
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Attachment 2 - Plans
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Attachment 3 - Summary of Submissions
Submissions Table X/1070/2009 – Alterations and additions to Everglades Gardens 37-49 Everglades Avenue, Leura
Submissions received during first notification period 22 December 2009 – 28 January 2010
Name Date Address Issue Response Received 1 Resident 15/1/10 Easter St Leura Form letter 1. Impact on streetscape - loss of trees at entrance, object to proposed finishes, 1. Agreed proposal will have an impact on streetscape – not in keeping with historic buildings, street view of bitumen and stainless steel, condition for more landscaping – new garden bed in front removal of trees for bushfire hazard. of visitor centre to provide improved screening, 2. Impacts from increase in use - cafe– possible increase in functions, amendments recommended by the Heritage Council in residential amenity lost, increase in tourist buses, increase in deliveries, cooking regards to proposed finishes. odours from exhaust. 2. Proposed café now removed from application. 3. Noise from cars impacts of noise from cars accessing the site, parking etc 3. Noise from cars will continue to be an issue around the 4. Noise from visitor centre and café - tour groups congregating at visitor centre, Everglades, proposal does not relate to function use. 50 people in café and 20 seated outside making noise, noise from kitchen, 7 days Increase provision of on site parking recommended as a a week, night time? condition of consent. 5. Tree removal for pathway – less trees more concrete = more noise, less 4. Café now removed from proposal. Congregation of barriers of garden activities from residential areas visitors around visitor centre may increase noise slightly 6. Night functions – upgrade to night lighting = more functions at night? Will there for residential neighbourhood. be a liquor licence application? 5. Accessible path now removed from the proposal. Current tea rooms should continue to be used 6. Condition that visitor centre only be open during garden Increasing noise since 1998 as functions. opening hours. Any lighting associated with the visitor centre to be shielded so as not to cause nuisance to neighbouring properties. 2 Resident 15/1/10 Coniston Rd, Leura Form letter – see 1. above See 1 above Keep everglades as an area of passive recreation Everglades will continue to be a primarily passive recreation area with its primary function as a garden, however the gardens have provided important social and cultural events for a long period of time and this associated use with the gardens is generally accepted by Council. 3 Resident 19/1/10 Craigend St, Leura Form letter –see 1 above See 1 above Use golf club and the Fairmont as tourist attractions instead The heritage significance of Everglades makes it an important attractor for the public and will continue to remain a significant tourist attraction in the Blue Mountains. 4 Resident 18/1/10 Kensett St, Leura DA requires approval from Heritage Council. Studio is of heritage significance. The proposal has received concurrence with conditions No consent from traditional owners of the land – Darug and Gundungarra. from the Heritage Council. A condition of consent requires Proposal will have detrimental effect on heritage significance and should be the applicants to obtain a S. 60 approval from the Heritage refused. Council. The subject site is privately owned land and consent is not required from the traditional owners of the land. It has been determined by the Heritage Council and
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Name Date Address Issue Response Received through a thorough assessment of the heritage impact statement that the proposal will not have a detrimental impact on the heritage significance of the site. 5 Resident 19/1/10 Wentworth Ave, Increase in commercial activities on site will increase traffic and associated noise The proposal will not result in an increase of commercial Leura Cars parking in surrounding streets impeded on residents access activities on site. The aim of the proposal is to increase No parking for visitors should be allowed in Wentworth Ave – dangerous corner for revenue from visitors to the site, the existing shop within manoeuvring traffic the house will be relocated to the visitor centre – there is Upgrades to parking facilities needed to reduce traffic congestion no increase in commercial operation at the site, but Attend to safety issues (assoc with parking) before upgrading facilities. improved siting of the shop within the visitor centre. Increase revenue for the site will improve the Everglades viability and function. The proposed commercial kitchen and café have been removed from the application. The revised plans were accompanied by a traffic report. This report found that the regular use of the gardens do not create demand for on street parking in the surrounding locality. Events and functions do, however place strain on the local street parking. Conditions of consent are recommended to increase on site car parking. See report section on traffic and access. 6 Resident 20/1/10 Kensett Ave Traffic noise and air pollution will increase The proposal does not seek to increase patronage or Leura Impacts of increased traffic on verges, in surrounding streets events at the site, but rather to improve facilities. The Tourist buses leave engines idling – noise from tourist buses annoying proposed visitor facility will not increase traffic noise and Functions at night too many and too intrusive pollution. The removal of the commercial café from the Will number of functions increase? proposal reduces the potential impact of the proposal. See report for comments on car parking and access. This application does not relate to the use of the site for functions and events. 7 Resident 20/1/10 Everglades Ave, Objection to the removal of trees – esp. sprawling conifer – alter the footprint to Agreed the loss of spreading fir will impact on streetscape Leura save more trees. – see report sections on landscaping. Recommend increased landscaping in front setback. 8 Resident 21/1/10 Fitzroy St. Leura Form letter – see 1 above See 1 above 9 Resident 21/1/10 Coniston Rd, Leura Form letter – see 1 above See 1 above 10 Resident 25/1/10 Everglades Ave, Retain the trees south of the proposed visitor centre Conditions have been recommended to ensure the Leura protection of trees on site which have been identified for retention. 11 Resident 25/1/10 Everglades Ave Directly adjoining neighbour Leura Increasing commercial use of Everglades impacting on residential amenity of The café has been removed from the proposal, it is locality. Proposal will attract more patrons. considered that the revised proposal will not attract more Loss of privacy – the loss of garden beds and trees next to front fence will patrons to the site. provide direct views from the new ticket office into the front garden and house. The proposal was revised to increase the buffer to the More people will be directed through the car park and alongside the boundary adjoining residence. Conditions have been included fence – direct views into backyard. requiring buffer planting and the retention of the fence with
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Name Date Address Issue Response Received Loss of acoustic privacy – change in the use of the site with increasing use of the adjoining neighbour. car park and new path down side will create additional noise. The access path has been deleted from the proposal. It is Added noise and pollution – the noise from the ticket office will increase considered that there will not be an increase in noise on considerably due to the use of the office as a shop, more people congregating in the site from the car park. The use of the car park by this location will result in more noise. More people will use the car park and the visitors alleviates impacts of on street car parking. new path = more noise. Delivery trucks and garbage removal in the car park for the Noise from the ticket office may increase slightly, it is new café will create more noise. considered that this is an acceptable impact given the Reduced air quality - added car and bus fumes, fumes from exhaust from kitchen existing ticket office location. The proposal does not seek will come into backyard. to increase patronage to the gardens. Visual impact – loss of leafy neighbour and replacement with view of buildings, car park and buses and people, night lighting impacts, degradation of streetscape.
Form letter also attached – see 1 above 12 Resident 22/1/10 Wentworth Ave, Commercial intensification increase traffic, noise and rubbish – expect Council to The proposal is not considered to be a commercial Leura limit the capacity and trading hours of the proposed café. Café must be ancillary to intensification of the site. the gardens. Additional on site car parking provision is recommended Car and coach parking already a major inconvenience in the area. as a condition of consent. Additional off street car parking should be provided. 13 Resident 27/1/10 Gladstone Ave, Leura Creeping commercialisation of the everglades – proposed development will The proposal will not increase the commercial nature of change the character and adversely affect the amenity of the area. the site. The revised plans do not provide the commercial Any development should only enhance the attraction of the space solely as a café. public garden for viewing in daylight hours. The site has been used as a public garden since the The area is residential – proposed use not consistent with residential zoning of the 1960s. The Bushland Conservation zone permits a range area. of non residential uses. Visitor centre and car park should be well screened from the street to preserve Conditions of consent are recommended to improve the streetscape – visitor centre should only sell tickets to admission. screening of the visitor centre from the street. Design of visitor centre not in keeping with the design of the original structures on Conditions are recommended in regards to materials and the site. finishes. Maintain heritage significance of garden. The proposal will not adversely impact on the heritage significance of the gardens. Also submitted form letter – see 1 above
14 Resident 27/1/10 Everglades Ave Directly adjoining neighbour Leura Increasing intensification of use over years – proposed use will exacerbate this. The proposal does not seek to intensify the use of the site. Double the seating capacity of café on site and ticket office/ shop are direct The café has been removed from the proposal. attempts to gain more visitors to the site. See report for discussion on car parking. 23 car parking spaces required for proposed development not the proposed 15. DA should be refused due to lack of compliance with car parking codes. The siting of the visitor centre seeks to minimise the loss Loss of visual privacy - loss of trees – these trees must be heritage plantings? of trees on the site. Conditions are recommended to Will impact on privacy of adjoining neighbour. provide additional landscaping. Building setbacks – the kiosk will not comply with 30 metre setbacks required by Council – loss of potential for landscaping within front setback to screen kiosk from
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Name Date Address Issue Response Received view of the street. Kiosk will be 9 metres from fence and 4 metres high. Window on southern side of kiosk will directly overlook front garden. More people will use car park – therefore more noise and overlooking of adjoining property. Direct views from pathway to adjoining garden. Loss of acoustic privacy - see points listed in no. 11 above Noise – see points listed in no. 11 above Air quality - see points listed in no. 11 above Visual impact - see points listed in no. 11 above. Questionnaire handed out by the trust strongly indicates that the Trust is considering further commercialisation
Attached questionnaire for future use of the house for National Trust Attached Form Letter – see 1 above 15 Resident 27/1/10 Kensett Ave, Leura Directly opposite entrance Reduction in car parking facilities on site, lack of tour bus parking facilities Report recommends increase in on site car parking. In favour of visitor centre Future applications for events and functions will need to Opposed to café increase in seating capacity from 20 to 70 plus. Transferring from address coach parking. volunteer run to commercially operated. Reduction in car parking spaces from 19 Café removed from proposal. to 15 problematic, operating hours are till 5:00pm any extension of these hours will significantly adversely affect adjoining residents. Tour buses leave motor running – noise – pollution Documents distributed by the National Trust indicate that further privatisation and commercialisation of the site is being considered. Proposal not consistent with the aims of the Trust 16 Resident 27/1/10 Northcote Rd, Leura Form letter – see 1 above See 1 above 17 Resident 18/1/10 Fitzroy St Leura Future funding by commercial means is incompatible with the site. It is accepted that the national trust needs to generate New kiosk – short setback and signage offensively visible from the street – object funds to manage the site. to proposed choice of materials. Recommend increase screening in setback to visitor Creation of new café will increase traffic and street parking. centre, change in choice of design. Commercial café lessee will obviously seek to increase visits to the café Café removed from proposal regardless of garden visitation Car parking should be increased on site rather than decreased 18 Resident 18/1/10 Fitzroy St Leura Form letter see 1 above See 1 above 19 Resident 12/1/10 Everglades Ave, Form letter see 1 above See 1 above Leura 20 Resident 12/1/10 Kensett Ave, Leura Form letter see 1 above See 1 above 21 Resident 18/1/10 Fitzroy St Leura Form letter see 1 above See 1 above 22 Resident 28/1/10 Coniston Rd, Leura The proposed kiosk selling plants, souvenirs and tickets and the new commercial The café now removed from proposal. Plant sales are café will increase activity. The SOEE is misleading in stating there will be no already occurring on site, at house, visitor centre provide increase in activities. better housing for these activities. See previous comments The construction of the pathway will result in the removal of a significant number of in relation to landscaping and increased screening. trees which will affect the view of the site from the street and erode the garden Contemporary design considered suitable for the site.
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Name Date Address Issue Response Received vista. Proposed use permissible with consent in the Bushland The contemporary style of the structures will not fit well with the existing buildings Conservation zone. Historic use of site assoc as a public and setting. garden and for functions and events. Not appropriate for a residential zoned area. 23 Resident 27/1/10 Kensett Ave, Leura The HIS was written without a site inspection The sign at the gate is not permissible > 0.7m2 Revised HIS submitted with revised plans. The existing tea rooms, art gallery and new shop are not permitted in the zone Signage removed from proposal. (EP zone) Works to occur outside the EP and ECA areas. Development is restricted in the EP and ECA areas Proposal granted concurrence with conditions from the DA is within development excluded land SCA. Development does not address requirements of the SCA or REP1 Sydney Water approvals incorporated within the consent. Sydney Water approvals are necessary The proposal has approval from the Heritage Council – no Development will affect the heritage significance of the locality detrimental impact on heritage significance of the site. The modern design of the new development is out of keeping with the design of Removal of café from proposal. existing buildings on site. The proposal is not on land affected by clause 9.4 (e). Change in use of the squash court is not permitted as it will affect heritage Works on land zoned Bushland Conservation. significance Development application does not include reference to Existing and proposed functions are not passive activities (see clause 9.4e) functions or events – separate approval process. Opening up of site to additional commercial functions – questionnaire National Trust questionnaire does not form part of this Removal of habitat trees not permitted – trees scheduled for clearing are application. habituated by possums and bats No clearing of habitat trees proposed. Inadequate parking provided New kitchen proposed on a slope> 20%, kitchen located close to a residential neighbour, noise, smells etc Commercial operations not permitted in a residential area
24 Resident 13/1/10 Kensett Ave, Leura Opposition to retail component of ticket office – highly visible and maintenance Proposed retail component of ticket office ancillary to the issues. Should not support the variation to the development standard. function of the garden – existing retail component existing Increase in capacity of existing cafe – currently seating for 25 (5 tables x 5 seats) in house. internally with perhaps max of 20 externally. Increase to 70 seats. Increase in Café component withdrawn from the application. intensity of use will increase demands on car parking. Potential for bus groups to See comments on car parking in report and conditions be attracted to the new facilities. regarding additional car parking to be provided on site. Existing functions could be enlarged in scope with the new capacity. Overflow car Issue of coach parking to be addressed in future parking on surrounding streets = adverse impacts on nearby residents. Large applications for functions and events at the site. buses are currently parking in streets leaving engines running – increase capacity Functions do not form part of this proposal. could attract more buses to the site. Additional noise impacts on surrounding neighbours. Additional car parking should be provided on site. Large buses parking in street should be addressed. Potential increases in functions – future applications further intensify use.
30 Resident 28/1/10 Kensett Ave, Leura Objects to increasing commercialisation of the use of the site and the increasing No increase in commercialisation as a result of the
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Name Date Address Issue Response Received events – potential increases flagged for the future by the national trust. Challenges proposal. the statement that there will be no increase in intensification – proposal will Recommend changes to materials and colours. increase visitation and therefore traffic, noise etc.. Proposal is not a special fire protection purposes – no Objects to proposed materials and colours. bush fire specific performance requirements to this class Potential bushfire threat. of building. Proposal complies with aims and objectives of PBP. See report for further comments. 29 Resident 27/1/10 Albert St, Leura Challenges the statement that there will be no increase in patronage, inconsistent Café removed from proposal. with other claim that the proposed works will generate sufficient funds for the Visitor centre does not aim to increase patronage. maintenance of the gardens. Commercialisation of the cafe will require increased patronage Hours of operation? Cafe moving from the house to the squash court will increase proximity to the adjoining neighbours exacerbating noise. Location of cafe suggest entry fees to the gardens will not be required – increasing patronage Objects to increasing commercialisation of a use in a residential area 26 Resident 14/12/10 Carrington Ave, Mt member of society of mountain artists The conversion to the squash courts has been removed Vic – Conversion of squash courts to cafe will result in the loss of a venue for the from the proposal. The Society of Mountain Artists have Society of Mountain Artists. however relocated to alternative premises.
25 Resident 29/1/10 Everglades Ave Leura Adverse heritage impacts of new buildings on existing historic structures - money Council determines applications as submitted. should be spent on upgrading existing facilities. See comments on landscaping and additional screening Opposition to removal of trees in the front setback. landscaping proposed. Increase in traffic flow in residential street – buses should be diverted to Gladstone See comments on traffic and access. rd to everglades. Submissions received after close of notification period (28 days till 28 Jan)
27 Resident 29/1/10 11 Everglades Ave, Form letter – see 1 See 1 above. Leura kerb and gutter street to improve safety – too many buses Upgrades to roads would reduce the character of the streetscape. Management of coaches to be dealt with in future events applications. 28 Resident 29/1/10 5 Kensett Ave, Leura Commercialisation of the property contrary to National Trusts aims. Proposal does not involve intensification of the use of the Proposal will increase traffic – coaches and vehicles creating traffic congestion site – café removed from proposal. problem for pedestrians See comments on landscaping and amenity in report. Do not want removal of tree, espec those that screen and act as noise barriers Events do not form part of this application. Tea rooms in existing setting is charming – shouldn’t be removed. Visitor centre opening hours restricted to garden opening Inadequate traffic control and management of existing events – this will be times. exacerbated Late closing of events create noise and disturbance in the area A new cafe seating 70 in a residential area is totally unacceptable concern about hours of operation and need for liquor licence. 31 Interested 2/2/10 Elizabeth St Sydney Acting on behalf of nearby residents
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Name Date Address Issue Response Received Party Existing problems with operation of everglades garden – functions and events Functions and events do not form part of this proposal. causing the following issues; Additional on site car parking proposed. See comments on insufficient off street and on street parking car parking and access. The DA is lodged on the basis that the proposal will not give rise to an increase in Café removed from proposal. patronage – capacity of restaurant will double - Council needs to compare the size, function and capacity of the existing kitchen and cafe with the proposed new kitchen and cafe, increased capacity will allow for the servicing of more and larger functions. Facilities should not be enlarged nor capacities increased to allow increased numbers of attendance at functions. Circumvention of clause 35 if the facilities proposed in this DA are used for functions and events. Council must ensure these facilities not used for the purposes of temporary functions 32 Resident 9/2/10 Craigend St, Leura Form letter – see 1 above See 1 above. 33 Resident 10/2/10 Grose St, Leura Supports the proposal but hopes amendments may be made to the design to Recommendations incorporated which improve screening improve planting in the front setback to screen neighbours and reduce noise, to the front setback and to the adjoining neighbours. sympathetic to heritage garden. 34 Resident 29/1/10 Gladstone rd Leura Form letter see 1 above See 1 above commercialisation not in keeping with National Trust objectives, direct spending to maintenance and repairs 35 Resident 17/2/10 Gladstone Rd, Leura Form letter see 1 above See 1 above 36 Resident 17/2/10 Provincial Rd, Detailed objection to Heritage Branch – copy to Council See Heritage Council notes Lindfield 37 Resident 17/2/10 Issues around kitchen access and toilet facilities Café removed from proposal. 38 Resident Everglades Ave Leura Detailed objection to Heritage Branch – copy to Council See Heritage Council notes 39 Resident 21/2/10 Everglades Ave, Loss of large trees affecting streetscape. Inappropriate use of materials and siting Recommendations for increased landscaping to front Leura of visitor kiosk setback. Request limitations of visitor centre. Request a detailed traffic management plan. Traffic impact statement prepared for revised plans. Proposal will generate additional vehicles. 40 Resident 27/1/10 Gladstone Rd, Leura Detailed objections addressed to the heritage branch See Heritage Council notes.
40 submissions – all containing objections 12 form letters 12 received after closing date for submission period (after 28/1/10)
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Submissions received – 2nd notification period
Name Date Address Issue response Received 1 Resident 4/4/10 Provincial Rd Asserts that the application is invalid on several grounds, that Council’s notification See report – “Claims of invalidity” Lindfield – First notification period – was invalid and issuing of GTAs by Heritage Council a nullity.
As the amended application does not overcome deficiencies of the original development application – does not comply with all statutory requirements for a DA, and not advertised in accordance with reg 91 and S. 79 A together with all accompanying information including draft CMP. 14 day notification period is in breach of the requirements of Reg 91 of the EP and A Act Site plan is deficient – plans fail to identify: all 4 lots and dimensions of the property all plants on the allotment to be affected by proposal location and uses of buildings on sites adjoining land, plans showing parking incomplete
The statement of environmental effects fails to address impacts of proposed building and relocated driveway, impacts on adjoining neighbour, intensification of Lot B, substantial reduction in screening, removal of existing vegetation, retail use on a street frontage, impacts of traffic on Blaxland Ave. Therefore due process has not been followed and any approval can be nullified. A SEPP 1 was submitted and considered however not Breach of clause 30.2 – setbacks: minimum setback = 15 metres proposal is for a technically required in relation to the subject lot – see 5 metre setback and 8.2 metres from northern boundary. No justification for report SEPP 1 objections breach; detrimental to impacts on streetscape. See report – Landscaping assessment Breach of clause 30.5 – lack of screening vegetation, inappropriate choice of screening vegetation. Proposed retail component of visitor centre ancillary to the Prohibited retail use – 10.10 – sale and display of goods operation of the garden – existing sales within house to be Retail use will not be ancillary as shop is proposed to be operated at times other relocated – visitor centre opening times to be restricted to than garden opening times. garden opening times. See also consideration of cl. 9 No sale permitted except from a roadside stall – between a road alignment and a within Report house. Sale of goods is not permissible under clause 25.6 (heritage conservation incentives) as the sale of goods is not supported by draft CMP. Shop will promote National Trust brand rather than confining to Everglade souvenirs only. Proposal will give an unsympathetic commercial character. Recommendations made by Council and Heritage Council in regards to proposed external finishes. Breach of clause 10.4 – design and character – design is as per low cost
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Name Date Address Issue response Received neighbourhood shop – inappropriate and unsuitable. Cheap cladding = street art, detract from quality heritage and bushland character – unsympathetic urbanised and commercial appearance. Conditions of consent included to ensure service provision Breach of clause 10.8 – services – application fails to indicate plans for disposal of does not impact on trees etc. sewer- new sewer connections may disturb root zones of established trees. See report – traffic and access – conditions for car parking Parking – DCP E4.9 – removal of 4 spaces is not alleviated by the use of car in Blaxland Ave to be formed. parking spaces off Blaxland Avenue as this area is not properly formed and there are no plans to do so
Reiterated objections to the heritage impacts of the proposal. Proposal granted concurrence and conditions from the Heritage Branch.
SoEE falsely claims site is not within the everglades gardens – it is located within the area nominated as a heritage item. Incorrect basis for formation of plans.
Ticket office/ shop – contravenes the draft CMP: See section on heritage impacts Altering the main pedestrian and vehicular access points is contrary to policies 12, 27 and 30 of the draft cmp. New access will be 5 metres north of the existing entry, car park will move 3 metres to the north – resulting in removal of landscaping buffer. The proposal will create an adverse visual impact – shopfront entry vastly different Recommendations for improved screening of visitor centre from the garden gate character of the existing entry. from the street. Proposed use, siting and design and materials of ticket office contrary to draft CMP policies 27, 10, 18 and 30 and 8.5. The siting of the shop at the street frontage gains maximum attention and exposure entirely unsympathetic with the heritage nature and significance of the property. Proposed retail use – not interactive visitors centre Primary purpose of visitor centre for ticket sales and Proposal is a National trust shop and plant nursery not just a ticket entry to the interpretation. Retail sales ancillary. gardens – open to general public and not just visitors to the garden and open outside garden opening hours. The dimensions do not allow for the display of any interpretive media. Interactive media / interpretive information would be better placed in the squash courts and in the house. Shop will not legally be able to generate sufficient funds to increase revenue for the everglades. The skillion Sales from merchandise can assist in maintenance of the roofed box is out of keeping with the character of heritage buildings. The materials everglades. are inappropriate – mural painted walls will cheapen the appearance of the buildings. New service buildings should not attract any attention should be Recommend changes to the materials and colours. restrained and complimentary. Concentration of vehicles and pedestrians in this location will have an adverse acoustic impact on 35 Everglades Ave. No acoustic study has been undertaken to Some additional noise is expected, however not considered to be a major impact, screening vegetation and
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Name Date Address Issue response Received consider these impacts. fencing is recommended in conditions. Use of concrete entry ramp unsuitable for heritage nature of the site. Recommend changes to the entry pathways as conditions The removal of plantings will expose the car park and the new unsympathetic of consent. building – the HIS and soEE fail to consider the impact of the loss of these significant trees.
2 Resident 1/4/10 everglades Ave, Driveway and landscaping will have detrimental impacts on the health of trees Conditions of consent require full arborists report to be Leura located within 35 everglades Ave. prepared. Objections to proposed setbacks and lack of compliance with lep requirements. See report comments – SEPP 1 Development is within a Bushland Conservation zone and should be screened from view of the street. Proposed planting is deciduous and will not provide any Recommendations included for increased landscaping to screening. Contrary to objectives of the bushland conservation zone. screen setback. Lack of compliance with PDA requirements. Retail use is prohibited, unless supported by a CMP. Non compliance with clause Not required to comply with PDA requirements. 10.10 of LEP 1991. Lack of arborists report. Retail use ancillary to gardens. Retail use existing on site. Adverse affect on neighbouring properties. Noise from congregation of visitors at the shop. Impacts from lighting of the shop. Night events will exacerbate noise impacts. See comments on amenity in report. Inappropriate design of building. Inappropriate use of materials. Moving the pedestrian and vehicular entrance will result in a substantial loss of Recommend changes to materials vegetation. Contrary to the draft CMP. Parking provision will be reduced from 19 to 15. The lower car park is not currently See comments in report on landscaping. operational as a car park. Detrimental impact on streetscape. What is currently a leafy entrance will become Additional on site car parking recommended. a 19 metre wide expanse of concrete and bitumen. Inadequate screening of ticket office from 35 Everglades avenue. Proposed hedge – 3-4 metres high after 10 years of growth will not screen 5 metre high building. Visual impacts on property. Object to pvc panelling. Proposed fence is to be tacked on to existing fence which will cause rot and decay. Everglades gardens has sufficient signposting from Leura town centre and the Conditions ensuring new fence to be suitably constructed. highway – further increased visual presence on the street is not necessary. Proposed location of visitor centre consistent with CMP and considered suitable.
3 Resident 8/4/10 Kensett Ave, Leura Form letter Degradation of streetscape – unacceptable removal of vegetation to house ugly See comments on landscaping – conditions regarding and obtrusive visitors centre/ ticket office/ shop, screening. The shop is quite a large building and obtrusive, does not blend in with gardens, objection to printed pattern, vinyl cladding material. Heritage Council recommendations for changes to external Screening proposed by latest plans do not screen views of visitor centre from materials will ensure building blends with gardens. street or neighbours.
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Name Date Address Issue response Received Objection to noise that will generate from visitors shop – congregation of visitors at Proposal does not seek to increase patronage, noise the entrance will affect immediate and nearby neighbours. increases will be minor. Night lighting of the building to accommodate night events will increase night noise, See report for comments on amenity. loss of visual amenity. 4 Resident 8/4/10 Fitzroy St Leura Form letter – see 3 above See 3 above. signage should form part of the application as it can be obtrusive and out of Signage not part of the proposal. character. 5 Resident 7/4/10 Fitzroy St Leura Form letter – see 3 above See 3 above. recalls past transgressions of wedding functions and excessive noise created in Events and functions do not form part of this proposal. the area, therefore suspicious of the current application. The topography of the site funnels and amplifies noise across the valley and as such affects many residential buildings in the area. Not fair activities from non residents have such a detrimental impact on quality of life of surrounding residents. 6 Resident 6/4/10 Everglades ave, Form letter – see 3 above See 3 above. Leura New ticket office should be located in same location as existing – disgusted with Not feasible to remain in same location – upgrade in removal of trees facilities required. 7 Resident 8/4/10 Coniston rd, Leura Still concerned with modified plans - impact on character of streetscape – the pavilion and finishes are out of character Materials and finishes to be conditioned. and offensive. Recommendations included in relation to increased Proposal will affect existing garden trees landscaping existing gatehouse is acceptable in terms of size and location – leave as is. Lighting of pavilion and car park to be discouraged – turn residential street into a commercial area. 8 Resident 7/4/10 Everglades Ave, Letter to Heritage branch – cc to Council series of photos showing cars parked on See report section on access and car parking Leura verges within the vicinity of everglades gardens during an event held at the everglades - 4/4/10. 9 Resident 7/4/10 Everglades Ave, Email to heritage branch cc to Council - repeat of letter summarised at 2 above. See 2 above. Leura 10 Resident 10/4/10 Gladstone Rd, Leura Form letter -see 3 above See 3 above As an artist seeking to document the area – feels the site should be maintained as close as possible to the original. 11 Resident 14/4/10 Kensett Ave, Leura Form letter – see 3 above See 3 above Enclosed photogrpahs of heavy tourist traffic in Kensett Ave during Everglades functions- lack of traffic control and impacts of buses on local roads. 12 Resident 12/4/10 Kensett ave, Leura Form letter – see 3 above See 3 above Enclosed photographs showing impacts of heavy vehicles parking on grassed verges in surrounding streets. - Oppose number of events and volume of traffic generated in the area. 13 Resident 14/4/10 Fitzroy Street Form letter – see 3 above See 3 above 14 Resident 10/4/10 Murray Ave, Form letter -see 3 above See 3 above Wentworth Falls 15 Resident 10/4/10 Leura PO box Form letter – see 3 above See 3 above
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Name Date Address Issue response Received 16 Resident 10/4/10 Gladstone Rd Leura Form letter – see 3 above See 3 above 17 Resident 13/4/10 Everglades Ave, Objects to lack of reference in SoEE to impacts on adjoining residents – Impacts on adjoining residences have been considered in Leura contravenes EPA regulation. SoEE states there is no impact on adjoining Council’s assessment – see amenity impacts etc. See residents – this is inaccurate and unacceptable. report for comments on landscaping. Noise impacts from people congregating at shop will be increased Increased car parking in surrounding streets due to loss of on site car parking will create adverse impacts. Increased night noise due to planned night events will increase impacts on nearby residents. Loss of visual and acoustic privacy through loss of plantings – replaced by buildings and views of bitumen. Inappropriate and unsympathetic to the local neighbourhood. Impacts of works on trees at 35 everglades ave lack of arborists report. Misleading artists impressions – application does not accurately depict the extent of the loss of vegetation. Other issues already raised in previous submissions. 18 Resident 9/4/10 Gladstone Rd, Leura Form letter – see 3 above See 3 above
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ITEM NO: 21
SUBJECT: IMPROVEMENTS TO ACCESSIBILITY IN PIONEER PLACE, KATOOMBA FOR PEDESTRIANS, CYCLISTS AND PEOPLE WITH DISABILITIES
FILE NO: F00215 - 10/59549
PREVIOUS ITEMS: 27 - Improvements to Accessibility in Pioneer Place, Katoomba for Pedestrians, Cyclists and People with Disabilities - Ordinary Meeting - 2 February 2010
Management Plan Link Principal Activity: Moving Around Service: Traffic Management Project: This report does not relate to a Management Plan project
Recommendations:
1. That the Council note the report;
2. That the proposal to include additional pedestrian crossings in Pioneer Place is tabled at the next Local Traffic Committee meeting and recommendations reported back to the Council in the minutes of the Local Traffic Committee;
3. That further investigation is undertaken to the installation of a bicycle rack area by replacing 2 parking spaces in Pioneer Place and that this matter is reported back to the Council via the Local Traffic Committee;
4. That the Council note that preparation of a Master Plan for this site is programmed for delivery in the 2010-2011 Operational Plan; and
5. That further analysis of the funding and redesign of the pedestrian ramp occur as part of the Master planning for Pioneer Place.
Report by Group Manager, Community & Corporate:
Reason for report At the Ordinary Meeting of 2 February 2010 the Council resolved:
“1. That the Council note the report;
2. That the Council receive a further report on the matter be presented at the Council meeting of 8 June 2010 that includes details of immediate, short-term, low cost measures; medium and long term measures; including, but not limited to, marked pedestrian crossings in key areas, provision of bike racks and seating;
3. That Council conducts traffic and pedestrian counts and does an assessment of vehicle speed data (including the impact of trucks in the precinct);
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4 That immediate funding is sought to ensure that the pedestrian ramp between the north and south sections complies with Australian Standards for use by people with disability; and
5 That the Council undertakes a consultation and master planning exercise for the Pioneer Place precinct in the next management plan.”
(Minute Number 27, 2 February 2010)
This report responds to these resolutions.
Background This matter was first considered at the Ordinary Meeting of 10 November 2009, when the Council resolved:
“1. That the Council receives a report that individually addresses each of the following situations and outlines a variety of methods (this includes immediate, low-cost measures, shorter term structural changes, and long term planning for this area) that can be used to improve: • The pedestrian safety of Pioneer Place, Katoomba; • Access and use for cyclists of Pioneer Place, Katoomba; and • The accessibility of Pioneer Place, Katoomba for people with a range of disabilities and mobility restrictions;
2. That the report includes how: • Any future development of Pioneer Place adheres to principles of accessibility, and improves access as per the above reports, for pedestrians, cyclists and people with a disability; • That development meets the needs of the upper mountains community; and • The proposed community consultation/engagement program for future development in Pioneer Place will be organised.”
(Minute Number 491, 10 November 2009)
Location Description The north-south section of Pioneer Place is a split level road running from Waratah Street to Pryor Place. The upper section is one-way northbound and the lower section is one-way southbound. The east-west section extending from Parke Street to the north-south section of Pioneer Place is sign posted Pryor Place but is included for consideration as shown on Figure 1 of this report.
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East-west pedestrians
North-south pedestrians
Pedestrian ramp
Figure 1 Traffic and pedestrian counts Limited pedestrian and vehicle counts were undertaken at the two existing pedestrian crossing activity locations in Pioneer Place, as indicated by double-headed arrows on Figure 1.
Location Pedestrian (P) Vehicles (V) Number of (one hour) (one hour) Pedestrians X Number of Vehicles (PV) Pioneer Place, east-west section, pedestrians using the 185 449 83,065 paved thresholds at the intersections in Pryor Place Pioneer Place, north-south section, pedestrians accessing 252 296 74,592 pedestrian ramp
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The vehicle count comprised 99% cars and 1% trucks. The trucks were single unit type delivery trucks accessing adjoining small businesses.
The speed of vehicles along Pioneer Place North-south at the lower one-way southbound near the pedestrian ramp was measured. The average speed was 23 kph and the speed at which 85 % of vehicles were travelling at or below was 28 kph.
The Roads and Traffic Authority (RTA) Guidelines for Traffic Facilities indicate that a marked pedestrian crossing may be considered where: 1. The product of the measured pedestrian flow (P) per hour and the measured vehicular traffic flow (V) per hour is equal to or greater that 60,000; 2. The measured flows P and V are equal to or greater than 30 and 500 respectively; and 3. The measured flows apply for three periods of one hour in any day.
The counts carried out at both locations indicate that while the pedestrian volumes are high and the product of the number of pedestrians times the number of vehicles is high, the volumes of vehicles are less than the guideline’s figure of 500 per hour.
This location has an unusual situation of a car park type environment with other activities for service access, high pedestrian activity and split roadways. It merits referral to the Local Traffic Committee (LTC) for further consideration regarding possible marking of pedestrian crossings and sign posting.
Pedestrian ramp between the north and south sections
Figure 2
The existing pedestrian ramp (Figure 2) has a gradient of approximately 10% and is steeper than the current Australian Standard (AS 1428.1-2009) which requires a maximum gradient for ramps, with a length exceeding 1900mm, to be 1 in 14 (approximately 7%). While there
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is no requirement to comply with these standards on existing facilities, the Council makes every effort to comply and responds to opportunities when they arise.
Upgrade to the pedestrian ramp. In order to provide a ramp with appropriate gradient in the existing location, it would be necessary to construct a new ramp with a landing. The new ramp would ‘zigzag’ from the existing top point, down one length of ramp, turn 180 degrees and continue down to a new crossing point. Matters to be further considered and investigated: Review of existing retaining wall structure to ensure that the existing ramp could be removed/modified and a new ramp built without impacting on the integrity of the existing wall; Detailed design of new ramp and handrails to appropriate standards; Locating base of ramp to accommodate the possible installation of a marked pedestrian crossing to avoid existing private driveways on the eastern side of Pioneer Place; Loss of four existing car parking spaces to construct new ramp and kerbed footway landing at the base; New kerb ramp, line marking, signage, landscaping and minor urban design works; Temporary arrangements and access provisions during works; Consultation with adjacent businesses and residences; An estimate of costs for these works would be in the order of $60,000; and The value loss to the community of four parking spaces is in the order of $200,000. This includes the cost of purchasing land for replacement spaces and the construction costs.
The construction costs and community costs for loss of parking spaces to adjust the existing ramp grade of 1:10 to a 1:14 grade ramp at this location are considerable and the outcomes, while beneficial in respect to users of the ramp treated in isolation, does not alter the situation of the linkages to existing laneways and footways to Katoomba Street which are similarly around a 1:10 grade.
It is recommended that the upgrade of the ramp is considered a longer-term objective as part of the future consultation and master planning to be carried out for the Pioneer Place precinct during 2010-2011.
Consultation and master planning exercise for the Pioneer Place precinct The Council’s Draft Operational Plan 2010-2011 includes a commitment to undertake master planning for Pioneer Place, Katoomba.
Short-term, low-cost measures The Council Resolution of 10 November 2009 required further details of options including, but not limited to marked pedestrian crossings in key areas, provision of bike racks and seating.
Marked pedestrian crossings A marked pedestrian crossing relies on the motorist seeing a pedestrian on the edge of the crossing and the motorist slowing or stopping if necessary to allow the pedestrian to cross the roadway. The motorist is warned of the presences of the marked crossing by signs and line marking and the motorist, under existing legislation, is obliged to give way to pedestrians on the crossing.
The RTA Guidelines for Traffic Facilities provide requirements which need to be met for the installation of a marked pedestrian crossing. These include consideration of:
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Pedestrian flow and vehicular traffic flow at the location; Unobstructed sight distances to the crossing itself and pedestrians approaching the crossing; and Lighting of the crossing.
The options for the installation of a marked pedestrian crossing will need to be prepared and reported to the Local Traffic Committee (LTC) for review, recommendation and reporting to the Council.
Options for marked pedestrian crossings in Pioneer Place are; 1. Provide a marked pedestrian crossing at the base of the existing ramp between the north-south sections of Pioneer Place. Matters to be further considered and investigated: • Whether on balance the existing arrangement without a marked pedestrian crossing and pedestrians waiting for gaps in traffic to cross is preferable; • Possibly locating a marked pedestrian crossing at a point to avoid the existing private driveways and services on the eastern side of Pioneer Place. This would require encroachment and removal of four of the angled parking spaces, new footway landing, kerb works and possibly a raised asphalt, wombat crossing type treatment; • Possibly locating a marked pedestrian crossing at the existing ramp base and at the private driveway on the eastern side of Pioneer Place. This would require encroachment and removal of two of the angled parking spaces, new footway landing, kerb works and possibly a partly raised wombat crossing type treatment; • A budget estimate of costs for the footway landing, kerb, asphalt works, sign posting and line marking is in the order of $60,000; • Possible additional street lighting to appropriate standards for a marked pedestrian crossing. A budget estimate of costs for additional street lighting may be in the order of $10,000, plus additional electricity costs; • Consultation with adjacent businesses and residences; and • The cost to community for the loss of parking spaces or two parking spaces equates to approximately $50,000 per space.
2. Provide a marked pedestrian crossing at the Pioneer Place east-west section, where pedestrians currently utilise the three paved thresholds at the intersections near Franklins. Matters to be further considered and investigated: • That driver and pedestrian behaviour is clear to predict and that there is a balance between users needs; • Whether on balance the existing arrangement without a marked pedestrian crossing and pedestrians waiting for gaps in traffic to cross is preferable; • Traffic circulation impacts including locations for queuing and turning vehicles, delays due to multiple crossings; • A budget estimate of costs for works which include replacement of the pavers with coloured stamped asphalt to allow application of painted pedestrian crossing lines and signposting would be in the order of $25,000; • Possible additional street lighting to appropriate standards for a marked pedestrian crossing. A budget estimate of costs for additional street lighting may be in the order of $10,000; and • Consultation with adjacent businesses and residences.
Bicycle Racks A comprehensive needs assessment and options for locating bicycle racks will be considered in the master planning process. However in the short term, an immediate feasibility assessment will be undertaken on replacing 2 parking spaces with a bicycle rack area.
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Councillors will be notified of the outcome of this assessment via the Local Traffic Committee process.
Seating There is currently a bench seat fronting Kmart, and three bench seats near the intersection of Pioneer Place and Pryor place. The Council have had no requests for additional seating in the vicinity of Pioneer Place in recent years. There is currently limited free space on Council land to provide seating and it is important to provide clear areas for travel along footpaths, this leaves no immediate areas where seating could currently be installed.
It is appropriate that further consideration is given to the location of additional seating as part of the master planning process.
Medium and long-term measures As detailed in the previous report to the Council, a possible long-term treatment option for the southbound (lower) section could be to create an environment that would allow this section of Pioneer Place to be declared a pedestrian and traffic shared zone. The upgrade of the existing pedestrian ramp between the north and south sections could also be considered as a medium to long-term measure. Medium and long-term measures should be considered for implementation as a part of future consultation and master planning carried out for the Pioneer Place precinct.
Sustainability Assessment Effects Positive Negative Environmental Reviews possible improvements for traffic, Nil cyclist and pedestrian safety, accessibility for people with a disability and amenity. Social Reviews possible improvements for traffic, Nil cyclist and pedestrian safety, accessibility and amenity. Economic Reviews possible improvements to reduce Nil traffic and pedestrian incidents and provide cost effective accessibility and amenity. Governance Complies with the Council’s duty of care to Nil review traffic, cyclist and pedestrian safety, accessibility and amenity
Financial implications for the Council Further investigation and reporting on improvement options will be covered in staff and operational budgets. No capital funding has been identified in the draft Delivery Program currently on public exhibition for improvement options identified in this report.
Legal and risk management issues for the Council There are no legal or risk management issues from further investigating and reporting of improvement options.
External consultation No external consultation has been undertaken in the preparation of this report however should the implementation of measures be progressed; appropriate consultation with stakeholders will be undertaken.
Conclusion The shorter term options for provision of marked pedestrian crossings in Pioneer Place will be referred to the Local Traffic Committee for further consideration and reporting to the
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Council. Further investigation into the option for installing a bicycle rack facility will be undertaken and reported back to the Council via the Local Traffic Committee process.
The Council will be undertaking a consultation and master planning exercise for the Pioneer Place precinct in the 2010-2011 financial year in order to determine the medium and long- term measures required for this precinct. The pedestrian ramp will be further considered during this master planning project.
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ITEM NO: 22
SUBJECT: GROSE ROAD FAULCONBRIDGE - TRAFFIC CALMING DEVICE NORTH OF DOUGLAS STREET
FILE NO: F01083 - 10/65555
PREVIOUS ITEMS: 25 - Grose Road, Faulconbridge - Traffic Calming Device North of Douglas Street - Ordinary Meeting - 10 November 2009
Management Plan Link Principal Activity: Moving Around Service: Traffic Management Project: This report does not relate to a Management Plan project
Recommendation:
That the Council receives this report noting the recommendation that no further action be taken on this matter.
Report by Group Manager, Community & Corporate:
Reason for report At its Ordinary Meeting of 15 December 2009, the Council resolved:
“1. That the proposed modifications to the traffic calming device in Grose Road, Faulconbridge as described in the Item 25 of the Business Paper at the Ordinary Meeting of Council of 10 November 2009 be undertaken as soon as possible; 2. That the operation of the traffic device be monitored, including traffic and speed counts, for a period of 3 months; and 3. That once the work is completed on site, and at the conclusion of the monitoring period, a report came back to the Council on the operation of the traffic calming device.”
(Minute Number 586, 15 December 2009)
This report responds to this resolution.
Background The Council has previously received a number of reports relating to the installation of a traffic calming device as a road safety measure in Grose Road, Faulconbridge. At the Ordinary Meeting of 7 July 2009, the Council resolved:
“That a report come before Council outlining the feasibility of extending or reconfiguring the speed hump located near the Grose Road, Douglas Street and Meeks Crescent intersection in Faulconbridge so that it becomes more effective.”
(Minute Number 280, 7 July 2009)
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At the Ordinary Meeting of 8 September 2009, the Council resolved:
“That a decision on this item is deferred pending a subsequent report that also includes as an option the extension and/or raising of the existing speed cushion so that four wheel drive vehicles or vehicles with a wide wheel base are not able to engage it at high speed as is currently the case.”
(Minute Number 388, 8 September 2009)
At the ordinary Meeting of 10 November 2009, the Council resolved:
“1. That the Council notes the report; and
2. That this matter be deferred so that Councillor’s can receive a full briefing on the process and cost involved in installing a full width speed hump to slow vehicles travelling towards the Douglas St intersection and the Great Western Highway.”
(Minute Number 488, 10 November 2009)
A briefing on the matter was subsequently provided to Councillors and the matter was reconsidered by the Council at the Ordinary Meeting of 15 December 2009.
The matter was further considered by the Local Traffic Committee (LTC) at the meeting of 23 February 2010 with the minutes then being reported to and noted at the Council’s Ordinary Meeting of 6 April 2010.
Modification of the traffic calming device The traffic calming device was installed in June 2008 and has speed cushions that are 1.8 metres wide and provide suitable width to give vertical displacement to vehicles up to the wheel base width of cars and the majority of four wheel drive vehicles, which have wheel base widths of less then 1.4 metres.
The shoulder medians at the speed cushions were previously located at a 1 metre offset into the shoulder to allow for cyclists. It was previously noted that some drivers were avoiding the speed cushion by travelling into the gap between the speed cushion and the shoulder median.
The traffic calming device was modified early in 2010 by the relocation of the shoulder median to the edge of the lane (as shown in Attachment 3). This removed the gap and provided better direction and control of cars and other vehicles over the speed cushion.
Operation of the traffic device The operation of the modified traffic calming device has been monitored for a period of over 3 months.
Speed cushions function in such a way that they act as a speed hump to cars while still being able to be straddled by buses, emergency vehicles and other larger vehicles. This feature is particularly desirable to support more environmentally sustainable bus operations. Traffic calming effects to these wider wheel base vehicles are still achieved by the need for the drivers to slow and line up their vehicles to straddle the speed cushion.
The Roads and Traffic Authority (RTA) use the Austroads Guide as one of the primary points of reference for traffic engineering practice. Austroads is a peak authority on traffic management and the Austroads Guide to Traffic Management part 8: Local Area Traffic
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Management recognises speed cushions are an appropriate device to reduce speeds and reduce crash risk.
Studies in other areas and observations of other existing local sites show that traffic speeds can be reduced by up to 20 km/hour at speed cushions.
A traffic classifier volume and speed count was undertaken in February 2010 and the results were tabled at the Local Traffic Committee (LTC) meeting of 23 February 2010 for discussion and review. The LTC considered that the traffic calming device is effectively reducing vehicle speed.
A summary of the data for the week beginning 15 February 2010 indicated the following:
Westbound Eastbound Combined 50th percentile speed (kph) 19 25 22 (the speed at which 50% of vehicles are travelling at or below) 85th percentile speed (kph) 28 31 29 (the speed at which 85% of vehicles are travelling at or below) Average daily traffic volume 2021 2001 4022 (the daily average volume of vehicles over a seven day week)
This data confirms that cars are travelling well below speed limits within the length of road that was monitored.
The Police Highway Patrol is tasked to school zones both morning and afternoon including the two school zones in Grose Road. Between 2005 and the time the traffic calming device was first installed in June 2008 there were 12 speed infringement notices issued for speeding along Grose Road.
In 2009 there was 1 speed infringement notice issued and there have been no speed infringement notices issues for speeding along Grose Road in 2010.
A review of data for Police attended crashes in Grose Road near Douglas Street and the traffic calming device indicates that there were the following crashes: • Douglas Street 20 metres east of Grose Road (vehicle hit parked vehicle) 18/3/2005; • Grose Road 50 metres north of Douglas Street 16/4/2005; • Grose Road 20 metres north of Meeks Crescent 08/07/2005; • Grose Road 20 metres north of Meeks Crescent 12/02/2007; • Meeks Crescent at Grose Road (vehicle hit power pole) 23/06/2007; and • Grose Road at Meeks Crescent (vehicle hit street sign) 30/11/2007.
There have been no Police attended crashes in Grose Road near Douglas Street and the traffic calming device since the device was installed in June 2008.
Further comments from the Police in May 2010 are that the traffic calming device is effective and is reducing the speed of motorists, even prior to the adjustment of it. Further to this, the data informs us that the traffic calming device has not become a hazard.
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Sustainability Assessment
Effects Positive Negative Environmental Nil Nil Social Improved road safety Nil Economic Reduced incidence of road crashes will Nil reduce costs to community for property damage, personal injury and fatalities. Improved traffic guidance will provide more cost effective accessibility. Governance Complies with requirements for the Nil Council to obtain the advice and recommendations of the Local Traffic Committee prior to exercising delegated powers to approve traffic regulations and management of the local road network under the Transport Administration Act 1988, Road Transport (Safety & Traffic Management) Act 1993 and the Roads Act 1993.
Financial implications for the Council There are no further works to be funded or other operational cost impacts from the recommendations in this report.
Legal and risk management issues for the Council Identification and assessment of issues and prioritised actions in accord with resources and funds are an appropriate response to limit any legal and risk management issues.
External consultation This issue has been reviewed and assessed by the Local Traffic Committee (LTC) which includes representatives of the Police, The Roads and Traffic Authority and the Local State Member.
Conclusion It is considered that the adjustment of the existing shoulder medians and associated signposting and line marking have improved the operation of the traffic calming device. Traffic monitoring data, crash data and Police feedback indicate that traffic calming device provides effective control of traffic and driver behaviour resulting in a substantial reduction in speed, vehicle related crashes and a general improvement in road safety in the area.
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ITEM NO: 23
SUBJECT: WEIGHT RESTRICTION ON HARLEY AVENUE, MT VICTORIA
FILE NO: F01179 - 10/72870
Management Plan Link Principal Activity: Moving Around Service: Traffic Management Project: This report does not relate to a Management Plan project
Recommendations:
1. That the Council notes and receives this report;
2. That the Heavy Vehicle Tare Weight restriction to be applied on Harley Avenue be 15 tonne;
3. That the implementation of the Tare Weight restriction not be implemented until the identified safety issues relating to trucks entering Mount Victoria unaware of the tare weight restriction be resolved; and
4. That Council advises the Hawkesbury City Council of the action and reasons for the action.
Report by Group Manager, Community & Corporate:
Reason for report At the Ordinary Meeting of 18 May 2010 the Council resolved:
"1. That Council immediately imposes a heavy vehicle tare weight restriction, to be determined by the General Manager and reported to the Council, on Harley Avenue Mount Victoria as specified by sub section (1) (a) of the Road Transport General (RTG) Act 2005 to protect the amenity and safety of residents and businesses in and around that location as there is an alternative route;
2. That Council advises the NSW Member for the Blue Mountains, RTA, the NSW Department of Planning, Lithgow Council and Centennial Coal of this action and the reasons for this action; and
3. That Council advocates on behalf of Centennial Coal for the extension of rail freight subsidies by the NSW State Government to the transport of domestic coal, to help reduce the number of coal trucks travelling through the Blue Mountains LGA."
(Minute Number 209, 18 May 2010)
This report responds to resolution1. Resolutions 2 and 3 have been actioned with letters being sent to all parties on 28 May 2010.
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Tare Weight Restriction To achieve the intent of the Council to prevent Coal Trucks from traversing Harley Avenue, it is determined that a tare weight (unladen) restriction of 15 tonne could be applied. This will have the effect of precluding the Centennial Coal trucks from this roadway, some of which are also precluded from making a left turn onto the GWH from Station Street. Other heavy vehicles including buses, coaches, delivery trucks, garbage and recycling trucks, and likely local business, public utility and railway maintenance trucks would generally weigh less than 15 tonnes and will therefore be able to access or travel through Harley Avenue. However it should be noted that any of these vehicles over 15 tonnes would be prohibited from using Harley Avenue.
Sign type The wording of the Roads Transport (General) Act 2005 – Section 28 states:
“by means of notices conspicuously displayed on or adjacent to a road or any bridge or causeway forming part of a road, prohibit vehicles with a laden mass exceeding a specified maximum mass from passing along or over the road, bridge or causeway,”.
For any possible future load limit signage, this is interpreted to allow the use of a NO TRUCKS LOGO with LOAD LIMIT 15 t AND OVER below it on a 900 mm wide by 1200mm deep plate.
Any load limit restriction signs would need to be located in Harley Avenue at the left side of the roadway just inside the limits of the Highway and the Station Street road reserves. This is due to the Great Western Highway (GWH) and Station Street being classified roads under the control of the RTA.
Traffic Safety Implications A review of the traffic safety implications as a result of load limit restriction on Harley Ave has determined that large vehicles cannot turn left from Station Street into the GWH without encroaching across the highway centre line and into the right turn bay, presenting a hazardous situation. Right turns from the GWH into Station Street without encroaching across the Station Street centre line appear possible for up to 14.5 metre long single unit vehicles. However, larger articulated vehicles such as coal trucks could not turn right without encroaching across the centres.
Points noted from the Centennial Clarence - Environmental Assessment- Clarence Colliery Road Haulage Increase Report of July 2009: • Section 2.6.3.3. Types of trucks from Clarence Colliery include single articulated trucks, semi-trailers, truck and dog units and 19 metre B-double type; • Section 2.10.3 – The geometry of the intersection of the Great Western Highway and Darling Causeway (Station Street) “precludes a legal left-hand turn manoeuvre from Darling Causeway (Station Street) onto the Great Western Highway” and, “precludes a legal right-hand manoeuvre from the Great Western Highway onto Darling Causeway”; and • Section 2.10.3. For the option of the Highway and Station Street as the heavy vehicle route to be undertaken, significant road and intersection upgrades would be required which would likely be costly and create further delays to traffic on the Great Western Highway during construction. “The cost of the required intersection and road upgrades and impacts upon adjoining properties would make this option unfeasible.”
At the 3 monthly meeting between the Council staff and the RTA, on Tuesday 18 May 2010, the RTA raised concerns about the traffic impacts at the intersection of the Highway and Station Street that would result from any weight restrictions in Harley Avenue. The safety
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concerns relate to trucks entering Mount Victoria unaware of the weight restriction imposed and unable to turn around or left on the GWH. Implementation of load limit signage would need to include direction and restriction signage on the classified roads at the approaches to Harley Avenue. The RTA are the authority for traffic control, direction, restrictions and signs along classified roads including the GWH, Station Street, Darling Causeway and Bells Line of Road. Therefore the RTA would be required to consider and provide direction signs at Bells Line of Road which may include redirecting trucks along Bells Line of Road at Lithgow, Bell and Penrith or if it required other alternative routes other than through Mount Victoria and Darling Causeway.
Other Matters Correction to Truck Movement information contained in 18th May Report. A recent review of the heavy vehicle movements reported to the Council on 18 May 2010 has revealed an error in the reported figures arising from discrepancies in the information presented by and relied on from Centennial Coal. In this report it stated that the daily maximum number of truck movements would be 94. This number was extracted from the figures provided in Centennial Coal’s presentation to Council on 13 February 2009. A more recent review of the data contained in Centennial Coal’s Environmental Assessment Report dated July 2009 indicates that the average operational movements would increase to 148. Further, their submission also indicates that these truck movements (i.e. the 148) would be limited to a maximum of 14 per hour during the day (7am-10pm) and 8 per hour during the night (10pm – 7am).
Hawkesbury City Council concerns – the Council has been contacted by Hawkesbury City Council who are concerned that a consequence of the tare weight restriction on Harley Avenue will result in increased heavy truck movements along Bells Line of Road and the safety implications that arise out of that.
Section 2.10.3. from the Centennial Clarence - Environmental Assessment- Clarence Colliery Road Haulage Increase Report of July 2009: “Considering the advantages and disadvantages of the Bells Line of Road haulage option, the use of the Great Western Highway as the dominant haulage route into Sydney and beyond is clearly the preferred option due to the inferior road alignment and safety record of Bells Line of Road and potential impacts on other road users resultant from an increase in slower moving coal trucks where there are limited passing opportunities.”
The Hawkesbury Council resolved to write to the Blue Mountains Council. A copy of this letter has been attached with this report (Attachment 1). The letter includes the recent resolution of the HCC.
Letters have been sent to the NSW Member for the Blue Mountains, RTA, the NSW Department of Planning, Lithgow Council and Centennial Coal advising them of the Council’s resolutions and the reasons for this action.
Sustainability Assessment
Effects Positive Negative Environmental Nil Nil Social The recommended actions will explore all A possible future load limit appropriate options to improve safety and in Harley Avenue will divert amenity and allow community engagement heavy vehicles to possibly into possible outcomes. other roads in Mount Victoria or other localities. Economic Nil Nil
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Effects Positive Negative Governance Complies with requirements for the Nil Council to obtain the advice and recommendations of the Local Traffic Committee prior to exercising delegated powers to approve traffic regulations and management of the local road network under the Transport Administration Act, Road Transport (Safety & Traffic Management) Act and the Road Act.
Financial implications for the Council The imposition of heavy vehicle restrictions on Harley Avenue in the future will result in reduced wear and tear on the road however the Council may lose regional road maintenance funding status for this road. The cost of the signs can be delivered from existing operation budgets.
Legal and risk management issues for the Council Should Harley Avenue continue to be an unrestricted road, then heavy vehicle numbers will increase and the impacts of the heavy traffic will need to be managed.
In electing to apply a tare weight restriction on Harley Avenue without following the reported due processes, and thus without an approved Traffic Management Plan in place the Council may be considered to have acted precipitously and in a manner that may endanger road users. It is also possible that the Minister could issue the Council a notice under s120 of the Roads Act, requiring the Council to remove any notice that is displayed purporting to impose weight restrictions on vehicles using Harley Avenue.
An immediate issue identified that should be addressed before the implementation of a tare weight restriction on Harley Avenue is that of trucks exceeding the tare weight restriction entering into Mt Victoria from the Darling Causeway being unaware of the tare weight restriction, then finding Harley Avenue unavailable and proceeding on to the Station Street/GWH intersection and attempting a hazardous left-turn manoeuvre. The posting of warning signage at the Bells Line of Road intersection with the Darling Causeway, requiring RTA approval, is considered essential.
External consultation No formal external consultation has been undertaken at this time.
Conclusion In some cases a Council may be enabled by sub section 28(1) (a) of the Road Transport (General) Act 2005 to erect a notice prohibiting vehicles with a certain laden mass from passing along a Council road such as Harley Avenue providing the Council is able to demonstrate that such notices are reasonable and that there is an objective basis for imposing the restrictions. To implement the intention of the Council to prevent coal truck movements on Harley Avenue a 15 t restriction is recommended.
It is not recommended that the tare weight restriction signs be erected until the safety matters arising out of trucks entering Mount Victoria unaware of the restrictions imposed, as outlined in this report, are resolved.
ATTACHMENTS/ENCLOSURES
1 Letter from Hawkesbury City Council in relation to Harley 10/77429 Attachment Avenue Mt Victoria
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Attachment 1 - Letter from Hawkesbury City Council in relation to Harley Avenue Mt Victoria Our Ref: CN:73986
27 May 2010
Mr Robert Greenwood Acting General Manager Blue Mountains City Council DX 8305 Katoomba
Dear Mr Greenwood
It has come to Council’s attention that Blue Mountains City Council at its meeting held on 18 May 2010 resolved:
1. That Council immediately imposes a heavy vehicle tare weight restriction, to be determined by the General Manager and reported to the Council, on Harley Avenue Mount Victoria as specified by sub section (1)(a) of the Road Transport General (RTG) Act 2005 to protect the amenity and safety of residents and businesses in and around that location as there is an alternative route;
2. That Council advises the NSW Member for the Blue Mountains, RTA, the NSW Department of Planning, Lithgow Council and Centennial Coal of this action and the reasons for this action; and
3. That Council advocates on behalf of Centennial Coal for the extension of rail freight subsidies by the NSW State Government to the transport of domestic coal, to help reduce the number of coal trucks travelling through the Blue Mountains LGA.
It is also noted Centennial Coal has sought a modification under s.75W of the Environmental Planning and Assessment Act to increase the production of sized coal at their Clarence Colliery from the current 200,000 tones per annum to 500,000 tones per annum.
The combination of these actions has serious implications to residents, and visitors to towns and villages within the Hawkesbury as well as motorists travelling on Bells Line of Road.
Currently, it would appear that around 74% of heavy vehicles leaving the Clarence Colliery utilise the Darling Causeway to access the Great Western Highway at Mount Victoria via Harley Avenue, as the left turn from Station Street (Darling Causeway) to the Great Western Highway is not suitable for a large semi-trailer.
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Should a load limit be applied to Harley Avenue it is anticipated that the majority of trucks from the colliery will travel via Bells Line of Road. This action coupled with the proposed increase in production from the colliery could result in an additional 150+ truck movements per day along Bells Line of Road with the subsequent congestion through the already traffic stressed townships of North Richmond and Richmond during peak periods.
This Council at its meeting held on 25 May 2010 resolved that:
1. Council make representations to the Department of Planning that the expansion of the Clarence Colliery be required to contribute to the upgrade of the state road network at the intersection of Station Street and the Great Western Highway.
2. Representations be made to Blue Mountains City Council requesting that they reconsider their resolution to impose a load limit on Harley Avenue and the RTA be requested to upgrade the intersection of Station Street and the Great Western Highway to a standard suitable for utilization by large semi-trailers.
3. Council support Blue Mountains City Councils stance to have freight carried by rail.
In accordance with Councils resolution, correspondence has been forwarded to the Department of Planning and the RTA seeking their assistance in this matter. In relation to your Councils resolution that Council immediately imposes a heavy vehicle tare weight restriction on Harley Avenue, your Council is requested to reconsider this resolution in view of the adverse effect such an imposition would have on the residents of the Hawkesbury.
It would be appreciated that any further consultation in relation to this matter could include Hawkesbury City Council.
Yours faithfully
Chris Daley Director Infrastructure Services
Direct Line: 4560 4506
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ITEM NO: 24
SUBJECT: EXPRESSION OF APPRECIATION TO FEDERAL GOVERNMENT FOR BLUE MOUNTAINS CLEAN TECHNOLOGY PARK GRANT
FILE NO: F01791 - 10/74920
Management Plan Link Principal Activity: Working and Learning Service: Economic Development Project: Support implementation of the Blue Mountains Better Economic Future Action Plan
Recommendations:
1. That the Council formally express its appreciation to the Federal Government for the grant of $3,545,272 for the Blue Mountains Clean Technology Park through the Federal Member, the Hon Bob Debus MP and the Hon. Anthony Albanese, Minister for Infrastructure, Transport, Regional Development and Local Government; and
2. That the Council writes to the Lawson Chamber of Commerce and to the Lawson Industrial Park Clean Technology Steering Committee, to express its appreciation for their contribution and work to date with the Council on the Blue Mountains Clean Technology Project.
Report by Acting General Manager:
Background In late 2009 the Council made an application to the Federal Governments Regional and Local Community Infrastructure Program for the upgrading of Lawson Industrial Estate into a best practice Blue Mountains Clean Technology Park. The application sought funding totalling $3,545,272 to support redevelopment of the existing 22.6 ha estate into a model clean technology business park through provision of required infrastructure and services (including stormwater management/ water sensitive urban design, landscaping and signage, road sealing, kerb and guttering, footpaths).
For many years the Council has been working with the local community to identify ways of obtaining required resources to upgrade and improve the Lawson Industrial Estate. This work has recognised the strategic potential of the estate as a site with significant capacity for generating increased local employment and sustainable business development appropriate to our World Heritage natural setting.
Overview of grant On 17 May, 2010 the Hon Anthony Albanese MP, Minister for Infrastructure, Transport, Regional Development and Local Government announced that the Council was successful in its grant application and would receive $3,545,272 for the development of the Blue Mountains Clean Technology Park.
It is recommended that the Council express its appreciation, and formally thank the Federal Government for the grant, through sending letters to the Federal Member, the Hon Bob
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Debus MP and the Hon. Anthony Albanese, Minister for Infrastructure, Transport, Regional Development and Local Government.
Many individuals and organisations have contributed to the success of this grant application and it is recommended that the Council acknowledge in particular the contribution of the Lawson Chamber of Commerce and the Lawson Industrial Park Clean Technology Steering Committee.
Council’s Contribution to the project The Council’s contribution to the project includes: • In kind staff salaries; • Past completion of a range of studies to support development and implementation of the project; and • Council’s land holdings within the estate, comprising of an area of 3 hectares, which have the potential to be developed as a model component of the Clean Technology Park and as a catalyst for further investment and development.
Sustainability Assessment Effects Positive Negative Environmental The project will make a positive No significant negative environmental contribution through environmental impacts implementing improved storm water management/ water sensitive urban design and by replacing inefficient and below standard infrastructure with improved less impactful infrastructure Social The project will: attract and retain young No significant negative people and families in the Blue Mountains social impacts through increased local employment opportunities; strengthen Lawson as a key service centre;
Economic The project will providing a much needed No significant negative economic stimulus to Lawson town centre economic impacts following highway widening – including support to local businesses who will benefit from the increased customer base It will increase local employment opportunities and attract and retain “green” and “clean” non polluting industry appropriate to the Blue Mountains World Heritage natural setting. Governance The project makes a significant No significant negative contribution to the achievement of governance impacts Sustainable Blue Mountains 2025 social, economic and environmental objectives. It will review planning controls impacting on the estate towards ensuring they support the successful development of a business park that retains and attracts “clean” industry.
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Financial implications for the Council The grant needs to be expended by June 2011. There are no significant financial impacts on the Council as a result of the project in 2010-2011. However, attention needs to be given to ensuring ongoing maintenance funding requirements arising from the implementation of the project are affordable by the Council and ideally minimised.
Legal and risk management issues for the Council There are no identified risks with the proposed recommendation.
External consultation The Council consulted with a range of key stakeholders in developing the application including the Lawson Industrial Park Clean Technology Steering Committee, the Lawson Chamber of Commerce and Industry, BIZNET, State and Federal Members and Campbell Page employment agency.
Conclusion In conclusion, the grant is a significant financial contribution to a much needed project that will deliver tangible benefits to the Blue Mountains community and local economy. It is therefore recommended that the Council shows its appreciation to the Federal Government for the grant and to the key community organisations working with the Council on the project.
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NOTICES OF MOTION
NOTICES OF MOTION Item 25, Ordinary Meeting, 08.06.10
ITEM NO: 25
SUBJECT: COMMUTER CAR PARK AT GLENBROOK RAILWAY STATION
FILE NO: F05787 - 10/78318
Management Plan Link Principal Activity: Providing Good Government Service: Governance Project: This report does not relate to a Management Plan project
Notice of Motion by Councillor Greenhill:
1. That BMCC writes to the Premier requesting reconsideration of previous requests to the NSW Government for the allocation of RailCorp land on the south side of Glenbrook for use as a second commuter car park;
2. That the letter stresses the increasingly unacceptable pressure on local streets for commuter parking as a result of greater patronage of the rail service; and
3. Further, that a report comes to Council about possible restrictions on over flow commuter parking in Euroka Road, Glenbrook.
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ITEM NO: 26
SUBJECT: RESIDENTS VOTE ON THE ISSUE OF A POPULARLY ELECTED MAYOR FOR THE BLUE MOUNTAINS LGA
FILE NO: F05787 - 10/78258
Management Plan Link Principal Activity: Providing Good Government Service: Governance Project: This report does not relate to a Management Plan project
Notice of Motion by Councillor Mays:
That a report comes to Council detailing the steps required for Council to hold a referendum in conjunction with the next Federal or State election to enable residents to vote on the issue of a popularly elected Mayor for the Blue Mountains LGA.
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ITEM NO: 27
SUBJECT: FUMES AND TOXIC EFFLUENT AT ATTUNGA ROAD, EAST BLAXLAND
FILE NO: F05787 - 10/78329
Management Plan Link Principal Activity: Providing Good Government Service: Governance Project: This report does not relate to a Management Plan project
Notice of Motion by Councillor Greenhill:
1. That the Council writes to the NSW Department of Environment and Conservation to investigate reports by residents of Gum Nut Close Blaxland in regards to fumes and potentially toxic effluent emanating from the direction of Attunga Road;
2. That Council Officers facilitate contact with the complainants, whose names are not disclosed under the terms of a Customer Service Request that allows a complainant to be anonymous; and
3. That a report is presented to the Council on findings from the investigation at the Council Meeting of 8 June, 2010.
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ITEM NO: 28
SUBJECT: STATE RAIL PLANS FOR CLOSURE OF CCTV AND ALARM MONITORING STATIONS, INCLUDING KATOOMBA
FILE NO: F05787 - 10/78375
Management Plan Link Principal Activity: Providing Good Government Service: Governance Project: This report does not relate to a Management Plan project
Notice of Motion by Councillor Hamilton:
That Council, as soon as possible, writes to the Hon. John Robertson, MLC, Minister for Transport, and RailCorp:
a) Expressing its extreme opposition to RailCorp’s announcement that 15 CCTV and alarm monitoring stations, including Katoomba, are proposed to be closed and ‘consolidated’ into one central location at Central station;
b) That, in the interest of the safety of public transport users and workers and the prevention of crime, this retrograde step be abandoned; and
c) That a copy of this letter be forwarded to Mr Phil Koperberg, the Member for Blue Mountains, requesting his assistance in this matter.
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ITEM NO: 29
SUBJECT: UNFLUED GAS HEATERS IN PUBLIC SCHOOLS
FILE NO: F05787 - 10/78395
Management Plan Link Principal Activity: Providing Good Government Service: Governance Project: This report does not relate to a Management Plan project
Notice of Motion by Councillor Hamilton:
1. That Council, without delay, writes to the Hon. Verity Firth, State Minister for Education and Training:
(a) Noting that the only results of the government-funded study by the Woolcock Institute of Medical Research into the effects of unflued gas heaters on children in public schools so far released show that tests at Blackheath Public School undertaken 18 months ago demonstrated gas levels in 39 per cent of classrooms exceeded international health guidelines; (b) Requesting that, as a matter of urgency and in the interest of protecting the health of the children and their teachers, the unflued gas heaters at Blackheath Public School be removed and replaced with a safe and environmentally better system;
2. That Council includes in the letter a copy of this motion, together with the comments below by Cr Hamilton; and
3. That Council writes to Phil Koperberg, Member for the Blue Mountains, and Barry O'Farrell, State Opposition Leader, enclosing a copy of Items I and 2 above, requesting their support in this matter.
Background I first brought this matter up as a Notice of Motion at the Council Meeting of 30 October 2007 after consultation with the Blackheath Public School Parents & Citizens Association. Below is information then supplied to me:
" Blackheath Public School uses unfIued gas heating. UnfIued gas heaters – heaters without chimneys to take the burnt gas outside - allow harmful gases such as carbon dioxide, nitrogen dioxide, carbon monoxide and formaldehyde to flow directly into classrooms and be breathed by our children and their teachers.
Scientific reports show that exposure to these gases is hazardous to humans, especially young children, and may cause headaches, suppress the immune system, and exacerbate respiratory problems, like asthma.
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The Department of Education and Training recognises that these heaters are risky, as it expressly directs schools to ensure that any room where an unfIued gas heater is used ‘must' have cross-ventilation. Cross ventilation means having windows or doors on opposing sides of a classroom open to allow the poisonous gases to escape. This is not always possible in many of our classrooms, but where it can occur it 'must' occur.
In addition to these health concerns, unfIued gas heating is less environmentally efficient than other heating systems.”
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PRECIS OF SELECTED CORRESPONDENCE
PRECIS OF SELECTED CORRESPONDENCE Item 30, Ordinary Meeting, 08.06.10
ITEM NO: 30
SUBJECT: PRECIS OF SELECTED CORRESPONDENCE - 8 JUNE 2010
FILE NO: F05787 - 10/78477
Management Plan Link Principal Activity: Providing Good Government Service: Governance Project: This report does not relate to a Management Plan project
Recommendation:
That the Précis of Selected Correspondence be received and appropriate letters forwarded where necessary.
Correspondence Received by Council
1. 10 May 2010 – The Hon. Steve Whan, MP – Minister for Primary Industries, Emergency Services and Rural Affairs Letter in response to Council Correspondence concerning Genetically Modified (GM) Products and the creation of GM free zones.
2. 12 May 2010 – Ms Nancy Burgess – On behalf of Concerned Residents of Blue Mountains LGA Petition – Request for Council to apply for a review of the Pensioner Rebate scheme for Council Rates. Number of Signatures: 13 Fist Signature: Ms Nancy Burgess
3. 27 May 2010 – Mr Adrian Beresford-Wylie – Chief Executive, Australian Local Government Association Letter in response to Council Correspondence concerning the submission of a Notice of Motion to the National General Assembly of Local Government.
4. 28 May 2010 – Mr Peter Crosby – Regional Manager, Sydney Region, Roads and Traffic Authority Letter in response to Council Correspondence concerning traffic congestion at Macquarie and Hawkesbury Roads, Springwood.
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ATTACHMENTS/ENCLOSURES
1 Response to letter regarding labelling of Genetically 10/65691 Attachment Modified products and the creation of GM free zones 2 Thank you for submitting a Notice of Motion to the 2010 10/78059 Attachment National General Assembly of Local Government 3 Letter/signatures re: Pensioner Rebate for Council Rates 10/70224 Attachment regarding the Proposed Increase in Rates 4 Letter - Traffic congestion on Macquarie and Hawkesbury 10/77106 Attachment Rds Springwood
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Attachment 1 - Response to letter regarding labelling of Genetically Modified products and the creation of GM free zones
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Attachment 2 - Thank you for submitting a Notice of Motion to the 2010 National General Assembly of Local Government
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RESPONSES TO QUESTIONS WITHOUT NOTICE
RESPONSES TO QUESTIONS WITHOUT NOTICE Item 31, Ordinary Meeting, 08.06.10
ITEM NO: 31
SUBJECT: RENEWABLE ENERGY PRODUCTION SYSTEMS
FILE NO: F05787 – F00534 - 10/62287
Management Plan Link Principal Activity: Using Land for Living Service: Land Use Management Project: This report does not relate to a Management Plan project
Question Without Notice by Councillor Gibbs, 27 April 2010
“Has the Council received notification or further information from the Department of Planning or Division of Local Government about the addition of less than 10 kwatt renewable energy production systems to the exempt and complying development list?”
Response by Acting Group Manager, Environmental & Customer Services: The legislative provisions allowing certain electricity generating works to be carried out either as exempt or complying development are contained in State Environmental Planning Policy (Infrastructure) 2007. Under the SEPP (Infrastructure), subject to meeting specified standards, certain electricity generating works may be carried out as exempt or complying development. At present, these are limited to photovoltaic and solar hot water units, and wind monitoring towers used in connection with the investigation or determination of the feasibility of a wind farm.
The Department of Planning has recently placed two (2) Discussion Papers on public exhibition that propose to introduce exempt and complying development regimes in respect of: 1. Small scale wind turbines generating up to 10kW capacity; and 2. Small and large scale solar power systems including photovoltaic and solar thermal systems.
The Discussion Papers also propose to allow other small scale wind turbines having a generating capacity of up to 60kW and solar electricity generating works having a generating capacity of up to 100kW as permissible development with consent on any land, or where the solar electricity generating works are carried out by a public authority on an existing infrastructure facility, without consent.
The Discussion Papers were exhibited from 19 April 2010 until 28 May 2010.
In summary, under the Discussion Papers it is proposed to amend the SEPP (Infrastructure) to provide for the following:
Exempt Development i) Wind energy electricity generating works in rural zones having a generating capacity of less than 10 kW; ii) Solar photovoltaic systems or solar hot water systems associated with a building for which the system generates electricity or hot water and having a generating capacity of less than 20kW; and
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iii) Solar energy electricity generating works or solar hot water system mounted on the ground and having a generating capacity of less than 20kW.
To be ‘exempt’ the development must comply with the locational and other predetermined performance standards proposed to be included in the SEPP.
Complying Development i) Free standing wind turbines mounted on the ground in all zones with a peak generating capacity of less than 10kW; ii) Wind turbines mounted on a building or structure in all zones with a peak generating capacity of less than 10kW: iii) Photovoltaic systems (non-concentrating) or solar hot water systems associated with a building for which the system generates electricity or hot water; and iv) Solar energy electricity generating works or solar hot water system mounted on the ground.
To be ‘complying’ the development must comply with the locational and other predetermined performance standards proposed to be included in the SEPP
Development permitted with consent on any land i) Small scale wind turbines: Development for the purpose of wind energy electricity generating works with a generating capacity of less than 60kW; and ii) Solar energy electricity generating works: Development for the purpose of solar energy electricity generating works with a generating capacity of less than 100kW.
Development permitted without consent Solar energy electricity generating works, with a capacity of less than 100kW undertaken by a public authority, and which are ancillary to an existing infrastructure facility, (including educational establishments, health service facilities, ports, rail infrastructure, and road infrastructure).
Extracts from the Discussion Papers detailing the locational requirements and performance standards form Attachment 1 to this Report. The full Discussion Papers are available for viewing and downloading on the Department of Planning’s Web site at www.planning.nsw.gov.au.
On its face, the general aims and principles of the Discussion Papers accord with Council’s key objectives and desired outcomes in relation to sustainability, as set out in its 25 Year Vision, Map for Action and planning instruments. However, some of the proposed changes represent a significant policy shift in terms of requiring a trade off between promoting sustainable energy, and potential impacts, particularly in relation to visual and noise impacts.
Due to time constraints associated with the exhibition period and Council’s adopted Meeting Schedule, it was not possible to prepare a detailed report on the proposed changes for Council’s consideration prior to the close of the exhibition period. Notwithstanding, Council Officers have reviewed the Discussion Papers and have made a submission which whilst noting that the aims and objectives of the SEPP are generally consistent with Council’s policies on encouraging sustainable development, there are a number of concerns regarding the proposed changes. A copy of the Council’s submission is included at Attachment 2.
The concerns relate to potential noise impacts arising from wind turbines erected in residential areas, the lack of explanatory detail sufficient for the impacts of the proposed
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development to be understood and the inadequate consideration by the Discussion Paper of the likely impacts of development under the proposed SEPP.
ATTACHMENTS/ENCLOSURES
1 Extracts from Discussion Papers 10/67777 Attachment 2 BMCC Submission to DoP 10/69200 Attachment
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Attachment 1 - Extracts from Discussion Papers
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Attachment 2 - BMCC Submission to DoP
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