MAITLAND CITY COUNCIL
ORDINARY MEETING AGENDA
24 JULY, 2007
ORDINARY MEETING AGENDA 24 JULY, 2007
TABLE OF CONTENTS
ITEM SUBJECT PAGE NO
1 INVOCATION...... 1
2 APOLOGIES ...... 1
3 DECLARATIONS OF PECUNIARY INTEREST ...... 1
4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING...... 1
5 BUSINESS ARISING FROM MINUTES...... 1
6 MAYORAL MINUTE...... 1
7 PUBLIC ACCESS ...... 1
8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS ...... 1
9 OFFICERS REPORTS ...... 2
9.1 GENERAL MANAGER...... 2
9.2 SERVICE PLANNING AND REGULATION...... 3
9.2.1 DA 04-3580: TOURIST ACCOMMODATION FACILITY 15 ST. HELENA CLOSE (LOT 201 DP 1111493), LOCHINVAR RECOMMENDATION: APPROVAL ...... 3
9.2.2 DA 07-956 - HOME ACTIVITY (LASER HAIR REMOVAL) LOT 2, DP1075289, 19A DWYER STREET, OAKHAMPTON RECOMMENDATION: APPROVAL ...... 84
9.2.3 PROPOSED AMENDMENT OF MAITLAND ENVIRONMENT PLAN 1993-GILLIESTON HEIGHTS URBAN INVESTIGATION AREA, PART 2...... 102
9.2.4 PROPOSED AMENDMENT OF MAITLAND ENVIRONMENTAL PLAN 1993 - ST JOHN’S COLLEGE AND CONFERENCE CENTRE, MORPETH ROAD, MORPETH...... 117
9.2.5 GROUND CLOSURE POLICY ...... 175
9.2.6 RESERVE NAMING PROPOSAL - MAITLAND SPORTSGROUND PRECINCT...... 180
9.2.7 RESERVE NAMING PROPOSAL - ASHTONFIELD ...... 186
9.2.8 MAITLAND COMMUNITY SOCIAL PLAN...... 190
Page (i) ORDINARY MEETING AGENDA 24 JULY, 2007
9.2.9 SCHOOLS DAY OUT EVENT ...... 194
9.2.10 FRIENDS OF MAITLAND CITY LIBRARY EXECUTIVE COMMITTEE NOMINATIONS...... 196
9.3 ASSETS AND INFRASTRUCTURE PLANNING...... 207
9.3.1 ROAD WIDENING, PATERSON ROAD, BOLWARRA ...... 207
9.3.2 MINUTES OF LOCAL TRAFFIC COMMITTEE 5 JULY 2007....211
9.4 FINANCE AND ADMINISTRATION...... 222
9.4.1 STATEMENT OF INVESTMENTS AS AT 30 JUNE 2007...... 222
9.4.2 REQUEST FOR FINANCIAL ASSISTANCE - BANKSTOWN COUNCIL ...... 226
9.4.3 LEASE BY COUNCIL OF CAR PARKING AREAS OFF ST ANDREWS STREET MAITLAND FROM PRESBYTERIAN GLEBE TRUSTEES ...... 228
10 ITEMS FOR INFORMATION...... 231
10.1 CORRESPONDENCE ANALYSIS...... 231
10.2 KEY PERFORMANCE INDICATORS – JUNE 2007 ...... 233
11 NOTICE OF MOTION/RESCISSION...... 250
11.1 ADMINISTRATIVE STRUCTURE NOTICE OF MOTION SUBMITTED BY CLR ARCH HUMPHERY...... 250
11.2 VANDALISM - COUNCIL PROPERTY NOTICE OF MOTION SUBMITTED BY CLR RAY FAIRWEATHER ...... 253
12 QUESTIONS WITHOUT NOTICE ...... 255
13 URGENT BUSINESS ...... 255
14 COMMITTEE OF THE WHOLE...... 256
14.1 CONSIDERATION OF TENDERS - EXTENSION OF RUTHERFORD COMMUNITY CENTRE...... 256
15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE ...257
16 CLOSURE...... 257
Page (ii) ORDINARY MEETING AGENDA 24 JULY, 2007
PRESENT
1 INVOCATION
2 APOLOGIES
3 DECLARATIONS OF PECUNIARY INTEREST
4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING
• The minutes of the Ordinary Meeting of Council held 10 July 2007 be confirmed.
5 BUSINESS ARISING FROM MINUTES
6 MAYORAL MINUTE
7 PUBLIC ACCESS
8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS
Page 1 ORDINARY MEETING AGENDA 24 JULY, 2007
9 OFFICERS REPORTS
9.1 GENERAL MANAGER
No reports
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9.2 SERVICE PLANNING AND REGULATION
9.2.1 DA 04-3580: TOURIST ACCOMMODATION FACILITY 15 ST. HELENA CLOSE (LOT 201 DP 1111493), LOCHINVAR RECOMMENDATION: APPROVAL
File No: DA 04-3580 Attachments: Locality Plan Indicative Development Plans Public Submissions Hunter Water Corporation Correspondence Correspondence from RTA Draft LEP Amendment No 96 General Terms of Approval Responsible Officer: David Simm Manager Development & Environment Author: Anthony Calthorpe/Gary Hamer Town Planner Applicant: Hunter Land Proposal: Tourist Accommodation Facility Location: 15 St. Helena Close, Lochinvar Zone: 1(b) Secondary Rural Land & 7 (b) Environmental Protection (Buffer)
EXECUTIVE SUMMARY The applicant, Hunter Land, seeks development consent from Council for a major tourist accommodation facility at 15 St. Helena Close, Lochinvar. The application was initially lodged in September 2004 and included a rezoning component to facilitate a residential subdivision as well as a tourist facility.
The applicant amended the application so that it now contains only development that would be permissible (with Council consent) under the provisions of the Zone, thereby allowing Council to determine the tourist accommodation facility.
An amendment to the Maitland LEP to allow the associated residential development remains outstanding with the Department of Planning at the time of writing. A draft development control plan is currently being exhibited for the residential component.
It is to be noted that Council has received a separate development application for an ancillary waste water treatment plant to service the development. The waste water treatment plant has been designed to have a capacity that would service not only the tourist accommodation, but any future residential development. This will be the subject of a separate application to Council. Appropriate consent conditions are suggested for the tourist facility in the event that the waste water treatment plant was not to proceed with Hunter Water advising that there is sufficient servicing capacity if required. Page 3 ORDINARY MEETING AGENDA 24 JULY, 2007
04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont)
A total of nine (9) submissions were received during the advertising and notification period which initially took place between 7 September to 5 October 2006 and again after the proposal was amended, between 5 March and 3 April 2007.
There are a range of issues associated with the proposal including visual impact design, heritage, traffic and environmental issues.
The application has been assessed against the requirements of Section 79C of the Environmental Planning and Assessment Act 1979 and is considered to be satisfactory.
OFFICER'S RECOMMENDATION THAT:
DA 04-3580 for a Tourist Facility on 15 St. Helena Close, Lochinvar (Lot 201, DP1111493) is approved, subject to the conditions of consent set out in the attached schedule.
REPORT The purpose of this report is to provide Council with a summary of the development application in order to best inform the determination of the proposal.
BACKGROUND The site is a large rural property to the west of the existing village of Lochinvar. The majority of the site’s history to date will be familiar to Council, however, the reports to Council of13 September 2005 and 16 November 2004 provide contextual information.
As an update, the LEP amendment process remains ongoing, albeit it is entering the final stages with the Department of Planning. A separate development application will be required for any residential development if the LEP is gazetted by the Department
Council has also received a development application (DA No. 07-880) for an ancillary waste water treatment plant to service the tourist facility, which would have the capacity to service not only the tourist facility but any future residential development on the remainder of the site. This application, while a consideration to the provision of service infrastructure to the development, shall be considered separately. It is to be noted that Hunter Water has provided correspondence indicating the ability to service the site by means of connection to reticulated water/ sewerage, which establishes the potential ability to service the site by two possible means.
Lochinvar Structure Plan The urban expansion of Lochinvar was identified in the Lower Hunter Regional Strategy as a key land resource for future growth. Council prepared and exhibited the draft Lochinvar Structure Plan in December 2006. The site is within the identified boundaries of the study area and the development proposal, the subject of this
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04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont) report, is accounted for within the strategy as a possible outcome. At the time of this report, Council is re-exhibiting the Lochinvar Structure Plan, within the St Helena site being identified as a key masterplan site for residential development.
LOWER HUNTER REGIONAL STRATEGY The Lower Hunter Regional Strategy was published in October 2006 and sets out the strategic land use planning issues and direction for the region over the period 2006- 2031.
The Strategy recognises the importance of tourism as a contributor to the economic prosperity of the region and how this will continue to develop. It also acknowledges a need to maximise economic opportunities, however, this must not be at the expense of the environmental attributes that contribute to the qualities of the region.
The strategy also specifically acknowledges Lochinvar as a town for shopping and business centre for the district including health and professional services mixed with medium and higher density residential.
Within the context of the planned urban growth for Lochinvar, the application proposal would be consistent with the overall vision for the settlement and would help to establish and promote the settlement within the region, along with encouraging economic growth and employment opportunities.
PROPOSAL The key aspects of the proposal are provided below (as extracted from the applicant’s Statement of Environmental Effects (Feb 2007):
Figure 1 - Aerial perspective of site looking south (image taken from applicant's SEE)
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04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont)
The application’s Statement of Environmental Effects provides the following comments to support the proposal:
PLANNING ASSESSMENT
Pursuant to Section 79(c) of The Act, all matters relevant to the determination of the application have been duly considered, inclusive of any environmental planning instruments, draft environmental planning instruments, relevant development control plans (see below), and the Regulations. Other matters such as Public Interest and
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04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont) Fire Safety have also been considered. The following section details only those matters considered to be directly relevant to the determination of the application.
Section 79C(1)(a)(i) provisions of any environmental planning instrument
Maitland Local Environmental Plan 1993 The land subject to this application is zoned 1(b) Secondary Rural, while an area around Lochinvar Creek is identified as 7(b) Environmental Protection Buffer under the Maitland Local Environmental Plan 1993. The proposed development is defined under the LEP as “Tourist Accommodation” which means a building or buildings substantially used for the temporary accommodation of tourists, visitors and travellers which may have facilities for the convenience of patrons, such as restaurants, convention areas and the like, but does not include a building or place elsewhere defined in this clause or a building or place used for a purpose elsewhere defined in this clause. Tourist accommodation is permissible in the 1(b) zone with Council consent.
The proposal is considered to be consistent with the zone objectives. This application proposes no development within the 7(c) Environmental Protection zone.
The current 1(b) zoning of the land does not prohibit the development of the restaurant, recreation club, car parking and other uses, as these are ancillary to the tourist accommodation.
State Environmental Planning Policy No 11 -Traffic Generating Developments
The application has been referred to the Roads and Traffic Authority under SEPP 11 for comment.
Recent consultation has been undertaken between Council and the RTA in order to resolve matters raised by the Hunter Regional Development Committee (HRDC) dated 6 June 2007, regarding the improvements to the intersection of St Helena Close and the New England Highway.
Revised plans (Asquith & deWitt Version B 10/07/07) were presented to the RTA to address outstanding matters raised by the HRDC. It is considered by Council that the revised plans will satisfy the major concerns of the HRDC and the RTA have agreed that the matter does not to be re-presented to the HRDC.
The revised plans include the realignment of the intersection from the Entry Road, the New England Highway and St Helena Close, such that St Helena Close is re-aligned to intersect the entry road at approximately 60 metres from the New England Highway.
It is considered that there are no outstanding matters under SEPP 11.
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04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont) Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition
Draft LEP Amendment (No. 96) St Helena Village
At the time of writing this report Council is awaiting the gazettal of an LEP Amendment No. 96 which is by way of an enabling clause for the residential component of the development. This process remains ongoing, albeit it is in the final stages of the process with the Department of Planning. The aims of the amendment are: a) to permit the subdivision of land for residential purpose to be integrated with a tourist accommodation facility on land at Lochinvar; and b) to remove existing provisions relating to land at Lochinvar, for the creation of seven lots.
The draft LEP for St Helena is for planning controls associated with the residential component of the site and does not affect the contents of this development application.
In effect the gazettal of this Plan will repeal the existing provisions of Amendment No 71 which was for the creation of seven (7) lots and the erection of dwelling houses on each.
Section 79C(1)(a)(iii) any development control plan Draft Chapter DCP St Helena Village
Currently Council has placed on public exhibition the draft DCP for St Helena Village.
The DCP is primarily for the development of the subdivision component and addresses the following issues:
• Development Staging • Transport Movement Hierarchy • Landscaping Strategy • Urban Design • Stormwater Management • Heritage • Viticulture
The draft DCP is required specifically in relation to the future residential subdivision of the land and is a requirement under the proposed LEP that is currently waiting on gazettal. This DA, for uses already permissible in the zone, is not dependent upon the adoption of the draft DCP and accordingly can be determined by Council.
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04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont) Chapter DCP Lochinvar Small Rural Lots
The objectives and development guidelines included within the content of this document are associated with the prescribed schedule of Amendment No 71 of the Maitland Local Environmental Plan 1993. This chapter will be superseded by the eventual adoption of the chapter St Helena’s Village DCP.
Chapter DCP Commercial Hierarchy
It is considered that the proposal will not jeopardise the objectives of this DCP. The proposal could best be described as a small commercial area to service the needs of visitors to the St Helena Village. The total floor area is in excess of 1000sqm and the type of retail premises are specific to the development including speciality shops including bakery, chocolate shop, wine centre etc.
It is considered that the development will not compromise the viability of the commercial and retail component of the draft Lochinvar Structure Plan
Chapter DCP Car Parking Code
An extensive assessment of car parking demand from the development has been completed. For the purposes of this development, an assessment has been undertaken against car parking requirements for specific land uses.
The table below demonstrates the breakdown of parking demand.
Table 1 Car Parking Requirements For Specific Land Uses.
Land Use Parking Proposed Uses Number of Requirement and areas spaces required Hotel/Motel 1 space/unit 117 units 117 spaces
Shops (including 1 space/25sqm 1103sqm 44 spaces Deli, Cheese Shop, Bakery etc Restaurant 1/6.5sqm 220sqm 34 spaces
Club Recreation 1/4sqm licence 230sqm 58 spaces Area floor area Village Hall 1/10sqm 350sqm 35 spaces
Function Rooms 1/4sqm 120sqm 30 spaces
Recreation Area 3 spaces 2 tennis courts + 2 12 spaces per court petanque courts Temporary 1/10sqm 220sqm 22 spaces Marquee TOTAL 352 spaces REQUIRED
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04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont)
The proposal will supply a total of 392 spaces which are located throughout the development. The allocation of parking spaces is in excess of Council requirements.
Car parking is provided across the site, including provision for tourist buses. Section 79C(1)(b): The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality
Having regard to the restrictions of the land and an assessment of the site and its locality, the key issues in the determination of the application are considered to be:
1. Landscape and visual impacts 2. Architecture and public domain 3. Impacts to St. Helena Homestead 4. Traffic and transport 5. Connectivity to adjoining settlement of Lochinvar 6. Aboriginal Heritage 7. Ecological impacts 8. Impacts to Watercourse (Lochinvar Creek) 9. Waste Water Treatment Plant 10. Social and Economic Impacts
The application contained a two-volume Statement of Environmental Effects and included a number of specialist reports by third party consultants on behalf of the applicant. These included landscape and visual impact assessment (by EJE); Integrated Water Management Plan (Patterson Britton); Vegetation Management Plan (EJE); Ecological Assessment (HWR Ecological); Bushfire Threat Assessment (EcoHub); Traffic Impact Assessment (NTPE); Heritage Impact Assessment (EJE) and a report on Viticulture by Drayton’s.
Officer Assessment Following a comprehensive review of the information contained in the application the following comments are made in response to the key issues identified above:
1. Landscape and Visual Impacts
Any development has a physical impact on its surrounding environment and to the status-quo. It is, therefore, the scale of the development and its future relationship into the area that are important factors both in designing and considering a development. Such issues are particularly prevalent in this instance given the greenfield nature of the development site and the visible location it commands on the western edge of Lochinvar.
The applicant’s SEE contains a Visual Impact Assessment (VIA) that addresses the key issues associated to the site, including views into, through and from it.
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04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont) The VIA concludes with the rather paradoxical comment:
“The development will result in changes to the landscape character of the area with a considerable loss to scenic quality, however, its overall impact will not be significant and the measures taken will adequately address the likely impacts.”
A considerable loss to scenic quality is quickly balanced by a comment suggesting the overall impact would not be significant. It is to be noted that the statement has considered the full impact of development with additional residential development over the remainder of the site, which would be the worst case scenario. That said, the French Themed Tourist Facility would be highly visible from the New England Highway and would present urbanized images in contrast to the current open rural views through the site.
Landscaping and planting would be used to screen and soften the visual impact of development as demonstrated in the illustrative material provided by the applicant (e.g. see Fig 1). In addition, buffers to the New England Highway would set development back to further soften the possible impacts.
The key question in this instance is the suitability of development on the site, adjacent to the existing urban area of Lochinvar versus retaining the land as open rural pasture.
The site currently only has limited agricultural value and, visually, it is largely open and barren north of Lochinvar Creek. The most southern part of the site beyond the creek contains a stand of mature trees. The applicant’s VIA states that some screening to the New England Highway prevents full public views into the site, which in turn further limits the scenic value of the land to passers by.
While it is considered that the applicant’s VIA is unconvincing about the overall impact of the proposed development, the decision for Council is perhaps more straightforward.
In recognising and identifying the site within the (draft) Lochinvar Structure Plan, via the Lower Hunter Regional Strategy, there is an overarching recognition that the nature of the settlement and its appearance is likely to fundamentally alter in the short to medium term. If Council is accepting of the principle of development at Lochinvar, then the key issue is to ensure that all proposals are of sufficiently high quality so as to bring added value to the built environment and to ensure that the transition between the possible expansion of the settlement and the rural area is not dramatically enhanced.
In this instance, the extensive planting and landscaping offered by the applicant is a large and integral part of the overall proposal in terms of providing an appropriate green setting to the development.
The development also proposes to open up views to St. Helena Homestead as part of the proposed works, where currently it is largely obscured from view by fencing. Page 11 ORDINARY MEETING AGENDA 24 JULY, 2007
04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont) This would allow for a wider appreciation of the historical property and further enhance its setting.
Overall, it is considered that the proposed development would have an inevitable impact on the scenic qualities of the application site and its relationship to Lochinvar and the surrounding area. The impact will be to urbanise part of the site.
It is considered that the open views across the site, while enjoyable, are not of such outstanding quality or so unique in this instance to suggest that their loss would be of fundamental importance to the locality. The development proposal would compensate this loss with some extensive planting and landscaping, which would help to establish a different visual character to the site.
Adjoining or nearby residents of dwellings will be protected by additional planting in order to maintain privacy to residents.
2. Architecture and public domain
The proposed development is promoted as a French themed village, heavily influenced by generic French architectural styles and includes a centrepiece hotel building set around a large courtyard, which would inevitably make it stand different to the adjoining settlement of Lochinvar.
It would be difficult to argue that the nature and appearance of the development would be consistent with the township of Lochinvar, as the development would be of a unique style and character, designed to be a novelty and a tourist attraction. The scale of buildings varies from the grander main hotel complex building to the more domestic individual tourist accommodation units, all using high pitched roofs and French vernacular detailing.
The principal hotel complex would be the most dominant structure visible from the New England Highway, while the other tourist accommodation buildings would be nestled around it in an informal layout, reflective of French village character. In time, planting and trees, at maturity, would screen and soften the development to reduce the physical bulk and appearance of buildings.
Commercially, it is recognised that the proposal needs to achieve a degree of visibility and recognition as a key local tourism facility in the Maitland LGA and within the wider Lower Hunter Valley wine region.
3. Impacts to St. Helena Homestead
It is already recognised that the proposed development would fundamentally alter the nature of the environment in which it would sit and this includes the wider setting of the St. Helena Cottage Homestead.
The applicant has undertaken a review of the heritage value of the homestead and recognises that it has a “high local significance culturally, in the context of its contribution to the local and regional cultural history”.
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04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont) The assessment continues by concluding at paragraph 5.2 of the Statement with:
“The cultural significance of the site in its present condition relies on the remaining 19th Century Victorian-Georgian dwelling and associated landscape features as well as its operation as a restaurant and tourist facility. Its aesthetic significance is largely as a result of its landmark qualities and the visibility of its plantings. In this regard, the significance of the connection of St. Helena to Lochinvar village is considered to be largely a matter, which relates to its setting and visibility as a local landmark.”
The Statement of Heritage Impact within the EJE report suggests that (Council Summary):
• For the survival of any historic building of heritage significance it is important that it is kept in use in a good state of repair and regularly maintained.
• The proposal would raise the focus of St. Helena as a heritage item and provide greater access to it
• St. Helena would be visually integrated into the site and further interpretation of cultural values would be enhanced.
Equally, the report touches upon a number of matters that could detrimentally affect the Homestead, albeit it is noted that this part was written on the assumption that new residential development would also surround it.
• Relationship between Homestead and the township • Views into the site eastbound and architectural connection • Road and Street Access
The principle impacts of the subject proposal on the heritage significance of St Helena, relate to its aesthetic significance of which the existing rural setting forms part. Detailed comment has been provided in assessments undertaken previously for this site in this respect, and analysis is also provided in the submitted Visual Impact Assessment which identified the subject site to have medium to high scenic quality.
While it is agreed that the proposal provides a positive link to the existing St Helena building group and improves its public access and presentation internally within the subject site, it is considered that the current landmark status of the group will be substantially impacted upon by the new development. This is due to the major visual impact of the ‘square’ component as a result of its siting and scale, particularly as viewed from the principle public access points along the New England Highway. The design has been developed such that there will be a connection from within the existing site to the St Helena Group, however views from the principle public thoroughfares will be dominated by the new development.
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04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont) The application was referred to the Department of Planning-Heritage Office for comment. In summary, the Department raised a number of long standing concerns in respect to the scale, proximity to the highway and likelihood it will dominate the landscape setting of the St. Helena estate complex of buildings and plantings. It also raised concerns that the proposal would have an impact on the existing open landscape between St. Helena and Lochinvar village and the ‘ability to perceive that break and views of the estate on approach’.
Such comments have to be considered in context. Conservation of the historic environment isn’t necessarily about preserving a building or monument in its present state in perpetuity. The St. Helena Homestead, for example, has evolved over a considerable period of time with each era manifesting itself in changes reflecting the chronology of its use. Such changes include its use as a farm (stock) and also as a restaurant. It is these changes that impart character and historical value to the property, but this should not mean that the building and its setting should now stop evolving. Conservation is also about maintaining a building in use in order to encourage its continued use and reinvestment in it.
In this instance, the existing homestead, while of local historical value has limited public views into it and has only a limited appeal as a restaurant and tourist attraction. To the average passer-by, it is considered that it is not obvious that anything of interest lies behind the front fence of the homestead. Equally, the original estate has been much altered, modified and reduced in size over time to reflect the demands of ongoing uses. For instance, Phillip Terrier only occupied the site for 14 years (1869 – 1883), meaning that the association with wine making, albeit important locally, was short lived. No remnants of the vines remain today.
It is considered that given the importance placed by the development on the heritage site’s French associations, by way of developing the entire themed village around it, adequate undeveloped open space should be provided to reflect the importance in this context, particularly as viewed from the New England Highway.
There is no doubting that the separation of the St. Helena Homestead from Lochinvar and the relative prominence this affords would be lost as a result of redevelopment. The current grounds of the homestead, as delineated by the fencing around it would, however, be retained.
The application proposal would remove the visually impermeable fencing and allow the passer by to view the Homestead and its setting more clearly. It is considered also that the integration of the Homestead site with the new tourist accommodation development would provide a degree of context to the French history of the homestead and help to foster a better public understanding of it. The clustering of building groups as proposed in the subject application is considered to be preferable to the urban pattern of proposed residential subdivision indicated in the master planning for the site.
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04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont) Many more people would be likely to visit the homestead site as a result of the proposal and this would help to secure its long term future in terms of its viability as a tourist attraction.
A request by the Heritage Office to increase the set-back of the new hotel complex and the separation distance between it and the homestead are understood in terms of retaining the homestead building more in situ and making it the most prominent feature of the development. The proposed scale and setback of the main square and buildings, in addition to the location of the carpark fronting the New England Highway within the view line of St Helena, is considered to be inadequate in order to maintain the ability to appropriately appreciate the original St Helena Group in a rural context. The Heritage Office is recommended that alternative options which increase the setback of the northern building group and resite the carpark away from the principle frontage should be developed.
This of course is a subjective area as to how far and to what extent should development be separated. Equally, the scale of the hotel complex, by its very nature, would be on a different level to the domestic nature of the homestead and despite any possible increase to setbacks, the hotel building would still appear as the most visually prominent structure.
In conclusion, the relationship of the development proposal to the existing St. Helena Homestead is a sensitive one. The sense of space and surrounding rural character afforded to the homestead would inevitably be altered. Against this, a significant amount of investment in the homestead would be forthcoming and would open the property up to a significantly bigger tourist market than at present by making it a prominent feature. This would help to secure the long term prosperity of St. Helena indefinitely. The existing curtilage, identified by existing fencing around the homestead would be retained entirely, while its proximity to the new hotel complex would form a close relationship as an integral part of the tourist facility. Future planting of vines would also recognise the historical importance of viticulture to the site. For these reasons, support for the proposal is recommended.
4. Traffic and Transport
The proposal has addressed traffic and transport issues by way of a Traffic Impact Assessment (TIA). It makes an analysis of the likely trip generation that would result from the tourist development and makes recommendations as to how this would be accommodated off the New England Highway.
The proposal was presented to the Hunter Regional Traffic Committee and has been reviewed by the RTA.
Recent consultation has been undertaken between Council and the RTA in order to resolve matters raised by the Hunter Regional Development Committee (HRDC) dated 6 June 2007.
Traffic generation from the proposed development has been examined at the existing highway volumes, and at predicted highway volumes for the year 2017. It is
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04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont) established that the existing intersection in the New England Highway (catering for right-turn protected storage into the development) operates at a satisfactory peak- hour Level of Service, in all directions, to the year 2017.
The report recognises that further development, beyond this application, will require an intersection upgrade, possibly to a “seagull” type, subject to further traffic assessments.
The report also concludes that the existing surrounding road network will be able to accommodate the additional traffic flows generated by the proposed development.
The proposal has been assessed by both the RTA’s Land Use Development Group and the Hunter Regional Development Committee, and copies of the correspondence from these groups are attached to this report.
The three significant issues resulting from the RTA & HRDC assessments are: 1. The warrants for a deceleration lane in the New England Highway catering for left-turn into the development. 2. The realignment of the subject intersection such that the entry road has a “square” junction with the highway. 3. That the junction of St Helena Close with the entry road be located remote from the highway intersection to provide separation and storage distance between the road junctions.
These matters have been invoked through conditions of consent.
Regarding internal roads, vehicle parking and pathways, the proposed development layout is considered generally satisfactory, and that compliance with Council’s standards and policies is achievable. Provision for a major link road at the site’s eastern boundary, to the future Lochinvar Release Area, appears to be satisfactory as a “feeder” for that area to the New England Highway. Consideration of the link road, its construction and funding will be made through the Lochinvar Structure Plan and further planning.
The consent has been conditioned such that the movement of tourist buses within the site, be catered for.
The current application does not seek the dedication of roads or reserves as public land. The applicant will be advised through the consent that compliance with Council’s standards will be necessary if future “dedication” of road infrastructure is sought through a future subdivision application.
5. Connectivity to adjoining settlement of Lochinvar
As part of the wider land use planning process of the Lochinvar Structure Plan area, the applicant has made provision within the development site to allow the access road from the New England Highway/ St. Helena Close to be connected through to the possible future urban release areas to the east. This would allow for a better flow of traffic in and around the Lochinvar township.
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04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont) As identified above, and in discussion with the RTA and Council officers, the link road to the Lochinvar Urban Release Area will be the subject of further assessment and consideration as part of any future application for residential uses on the site, if and when these eventuate.
6. Aboriginal Heritage
A full assessment of Aboriginal Heritage has been undertaken in respect of the application site, including inspections with Mindaribba Local Aboriginal Land Council and the Lower Hunter Wonnarua Council. All findings have been addressed and the applicant is now seeking the relevant Section 90 permits (to remove or destroy artefacts), pursuant to the National Parks and Wildlife Act 1974. The Department of Environment and Conservation has indicated it has no objection to the application proposal and has provided its general terms of approval.
7. Ecological Impacts
The applicant’s Ecological Assessment by HWR Ecological concludes that the French themed village would not have an ecological impact on habitat for threatened species, populations or endangered communities, provided a series of four recommendations are met:
• Stormwater from the development site should be managed so as there is no increase in volume entering any part of the adjoining bushland; and • Best practice erosion and sedimentation control methods are adopted and enforced during construction; and • Dirty stormwater from the developed site would need to be passed through some form of downstream treatment facility; and • The construction site should be managed so there are no accidental incursions into areas not part of the proposal.
There is no evidence to suggest that the above findings are incorrect. In the main, the part of the site to be developed for the tourist accommodation proposal is predominantly grazed pasture land with minimal vegetation. The proposal would result in minimal disturbance of natural habitats. Other parts of the site would be subject to more detailed consideration if any future applications are received.
8. Impacts to Watercourse (Lochinvar Creek)
It is considered that the impacts to Lochinvar Creek, as a direct result of the tourist accommodation proposal would be limited. It is noted that the recommendations of the Ecological Assessment (see point 7 above) would require stormwater treatment or appropriate detention on site to ensure that run-off does not affect the Creek.
The proposed waste water treatment plant to serve the tourist village is the subject of a separate development application currently with Council and any discussion of the possible impacts to the Creek would be considered in more detail therein. As part of this application, several external referrals were forwarded for comment. A General
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04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont) Terms of Approval has been issued for the site for focuses on the ability to minimise environmental outputs into the existing waterway system.
9. Waste Water Treatment Plant
The site is currently the subject of an application (DA07880) to install and operate an on site Waste Water Treatment Plant (WWTP) to service the needs of both the tourist component and the future 190 residential lots. The carrying capacity of the project will be 900EP (Equivalent Persons).
Recent correspondence has been received from Hunter Water Corporation about the proposal and their position on the matter. The completion of the Priority Sewer Program at Lochinvar will place connection availability within achievable reach such that the development could not be deemed ‘remote’ from services using Department of Health guidelines. As such, the site is able to be connected through augmentations to the new sewer services.
At present this application is still under consideration and assessment of Council Officers.
However, an appropriate condition of consent is included to ensure adequate wastewater servicing of the facility under either scenario.
10.Social and Economic Impacts The development would be of a significant scale to the Maitland LGA and would be of a unique nature within New South Wales and a type of development rarely seen in Australia. It is likely that it would bring additional employment opportunities to Lochinvar and help to improve the economic prosperity of the area.
Section 79C(1)(c) the suitability of the site for the development The site has been considered from a constraints perspective and there are no known reasons why the site could not be successfully developed for the tourist development. All known matters of environmental, ecological and aboriginal sensitivity have been addressed by the application and are capable of being mitigated for by way of additional works or through recommended conditions of consent.
Section 79C(1)(d) any submissions made in accordance with this act or the regulations
Public Submissions The development application and accompanying information were placed on public exhibition twice. The first occasion was between 7 September to 5 October 2006 and again between 5 March and 3 April 2007, after the proposal was amended.
As a result of the notification process, a total of 9 submissions were received over the two advertising/ notification processes. These are provided as an attachment to this report.
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04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont) The main issues raised by the objectors are summarised below and comment provided: • Effect to Lochinvar Creek • Stormwater run-off • Development not appropriate to the ‘serenity’ of the area • Traffic & congestion • Road Connectivity • Location of Waste Water Management Facility/ possible pollution • Lack of infrastructure in Lochinvar to accommodate development • Impact upon local businesses/ restrictions as to user of retail units • Loss of rural character
The amended proposal drew 3 submissions, of which one was a re-submission from an objector to the original proposal. The issues raised against the amended proposal include:
• Questioning whether it is a tourist development or mechanism for residential development • Use of pesticides and chemicals on vines potentially harmful to residents • Will facilities be generally available to local residents • Upgrade of Lovedale/ Alandale Roads • Failure to take account of adjacent property • Traffic impacts/ parking congestion on St. Helena Close • Insufficient car parking • Connections to Lochinvar
Planner's Comment Taking these points in relevant groupings, the following comments are made:
Landuse Planning
The development is for a significant tourist development which has the potential to be a focus point for regional tourism in the Hunter and more importantly has significant economic potential for employment in the Lochinvar area. This would include not only employment at the construction stage but also with the ongoing operation of the facility with small retail component, recreational facilities, accommodation etc. The core land use is the tourist facility and the residential component is subject to a draft LEP amendment.
Use of Pesticides/Chemicals
Whilst the overall Masterplan for the site includes vineyards located throughout the site, the tourist component which is the focus of this report includes a small area only for grapevines. These grapevines are of a small scale to be of landscaping merit only. It is considered that there is no significant issue from chemical use. .
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04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont) Insufficient Car Parking
The proposal complies with the requirements of the Chapter Car Parking Requirements of the Maitland City Wide DCP. The development generates a requirement for 351 spaces under the DCP. The applicant proposes 392 spaces. The proposed car parking is located in the most appropriate areas close to the prescribed use and activities. This is especially the case with the smaller unit complexes with the required parking adjacent to the facility.
Facilities Open to the General Public
Whilst no specific details have been presented with the application about public accessibility, it is expected that general public will be able to access the commercial component of the facility which includes a small retail component consisting of tourist associated shops such as a bakery. It is not expected nor included in the plans to provide a general store or the like. The site does contain recreational facilities associated with any commercial tourist development. It would be expected that these types of facilities would not be open to the general public which is similar to many tourist developments of this nature.
Impacts on Lochinvar Creek
Run off from the development would be dealt with via appropriate on-site detention systems, as required of any development and to satisfy engineering standards. This will help prevent any pollutants mixing with runoff and entering natural water courses. Further comments in respect of Lochinvar Creek are to be addressed under the separate DA for the waste water treatment plant. Connection to Lochinvar
The St Helena site is situated along the western extremity of the Lochinvar Structure Plan which is the forward planning document for the future of Lochinvar. As part of the planning process a future road connection is proposed which links St Helena area to Lochinvar.
Traffic
The applicant has produced a traffic report that identifies the predicted increased traffic flow as a result of development. It is considered that a series of proposed works to the New England Highway entrance and St. Helena Close would be able to adequately accommodate the increased traffic flows. As part of the development approval process the applicant has submitted an Intersection Design to the satisfaction of both Council and the Roads and Traffic Authority (RTA).
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Submissions from public authorities
Department of Environment and Conversation
The Department of Environment and Conversation has no additional comments concerning Aboriginal cultural heritage.
Department of Water and Energy
The Department of Water and Energy have issued General Terms of Approval for the proposal. These are included in the conditions of consent
NSW Rural Fire Service
The NSW Rural Fire Service has issued General Terms of Approval for the proposal. These are included the conditions of consent.
Department of Planning – Heritage Office
The Heritage Office has make representation about the impacts of the proposed development on the heritage value of St Helena’s Homestead. The Office expressed the following concerns:
• The value and importance of the vineyard as part of the heritage item; • The bulk and scale of the development; • The relationship between the character of the existing building and the proposed development; • The siting of the proposed development to the New England Highway.
These comments have been addressed previously in the report.
Section 79C(1)(e) the public interest The development will provide a range of employment opportunities and will not impact upon the commercial hierarchy within the Lochinvar area.
FINANCIAL IMPLICATIONS This matter has no direct impact upon Council’s adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council and is consistent with draft LEP and draft DCP for St Helena.
STATUTORY IMPLICATIONS Statutory implications relating to assessment of the subject application have been addressed in the body of the report.
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04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont) CONCLUSION An assessment of the application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as amended. The proposed development is considered satisfactory in terms of the relevant matters for consideration under the Act and the development application is recommended for approval.
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SCHEDULE OF CONDITIONS Schedule of Conditions DA 04-3580 TOURIST DEVELOPMENT 000 These conditions apply to Dual Occupancy & Medium Density Housing (DA Only) APPROVED PLANS AND DOCUMENTATION Reason for Conditions The following condition(s) have been applied to the development, subject of this consent, to ensure that the development meets the requirements of the NSW Environmental Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment Regulation 2000, and the various policies and development controls of Maitland City Council and other government agencies relevant to the development being undertaken.
1 The development shall be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule and any amendments arising through conditions to this consent or as shown in red colour on the plans:
TOURIST ACCOMMODATION PLANS Plan Ref. Project Rev n Revision Prepared by: No No No Date (consultant) A01 6116 H AUG 06 EJE Architecture A02 6116 B AUG 06 EJE Architecture A03 6116 G AUG 06 EJE Architecture A04 6116 C AUG 06 EJE Architecture A05 6116 C AUG 06 EJE Architecture A06 6116 B AUG 06 EJE Architecture A07 6116 B AUG 06 EJE Architecture A08 6116 B AUG 06 EJE Architecture A09 6116 A AUG 06 EJE Architecture A10 6116 A AUG 06 EJE Architecture A11 6116 B AUG 06 EJE Architecture A12 6116 B AUG 06 EJE Architecture A13 6116 B AUG 06 EJE Architecture A14 6116 A AUG 06 EJE Architecture A15 6116 B AUG 06 EJE Architecture A16 6116 B AUG 06 EJE Architecture A17 6116 B AUG 06 EJE Architecture A18 6116 B AUG 06 EJE Architecture A19 6116 B AUG 06 EJE Architecture A20 6116 B AUG 06 EJE Architecture A21 6116 B AUG 06 EJE Architecture A22 6116 B AUG 06 EJE Architecture
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04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont)
Note: This approval includes the Statement of Environmental Effects for tourist accommodation (The Village of St Helena) by Asquith & De Witt of February 2007 together with volumes 1 & 2, and is for the following items only, contained within the development envelope highlighted in red on the stamped approved plans. The consent grants approval for: • 28 Room Guest House ( first floor retail including deli & cheese shop, small wine makers centre, gallery, chocolate shop & boutique retail • 117 Tourist Accommodation Units (within 9 separate blocks) • A Village Square with small entertainment stages • Boutique Commercial/ Retail Shops • A Village Bakery • A Recreation Club • A Restaurant & Function Rooms • A Village Hall • A Village Chapel • A Day Spa • Outdoor entertainment including markets • Recreation Uses including tennis, a pool and a petonque area • A Mill House • Car parking for coaches and tourists • Landscaping • Tourist Managers Office • A Managers Residence
CONTRIBUTIONS & FEES 2 Pursuant to Section 80A(1) of the Environmental Planning and Assessment Act 1979, and the Maitland S94A Levy Contributions Plan 2006, a contribution of $250,000 shall be paid to the Council.
The above amount may be adjusted at the time of the actual payment, in accordance with the provisions of the Maitland City Council S94A Levy Contributions Plan 2006.
Payment of the above amount shall apply to Development Applications as follows:
- Building work only - prior to issue of the Construction Certificate. - Subdivision and building work - prior to the issue of the Construction Certificate, or Subdivision Certificate, whichever occurs first. - Where no construction certificate is required - prior to issue of an Occupation Certificate.
The above "contribution" condition has been applied to ensure that: i) Where the proposed development results in an increased demand for public amenities and services, payment towards the cost of providing these facilities/services is made in accordance
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04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont) with Council's adopted contributions plan prepared in accordance with the provisions of section 94 of the Environmental Planning and Assessment Act, 1979. ii) Council's administration expenses are met with respect to the processing of the application.
INTEGRATED DEVELOPMENT PROVISIONS: NSW RURAL FIRE SERVICE The following General Terms of Approval are applied in accordance with the Integrated Development Provisions of the Environmental Planning and Assessment Act, 1979. 3 Internal access roads shall have a minimum trafficable 4 metres width with an additional 1 metre strip on each side of the road kept clear of bushes and long grass. The minimum vertical clearance to any overhang obstructions including branches is 6 metres.
4 The property around the tourist development, in all directions, to a distance of 20 metres, shall be maintained as an Inner Protection Area (IPA) as outlined within Section 4.2.2 in Planning for Bushfire Protection 2001. All tourist accommodation shall be located at least 50 m away from the woodland vegetation located to the South.
5 A Bushfire Fire Evacuation Plan is to be submitted to the NSW Rural Fire Service - Local District office. The evacuation plan is to detail the following: a) under what circumstances all persons be evacuated. b) where will all persons be evacuated to c) roles and responsibilities of persons co-ordinating the evacuation d) roles and responsibilities of persons remaining with the complex after the evacuation e) a procedure to contact the NSW Rural Fire Service District Office/NSW Fire Brigade and inform them of the evacuation and where they will be evacuated to. Note: Any future residential application lodged for proposed lots within this subdivision, identified as bush fire prone land on the Councils Bush Fire Prone map, may be subject to Section 79BA of the EP & A Act and must meet the requirements of Planning for Bush Fire Protection 2006. DEPARTMENT OF NATURAL RESOURCES The following General Terms of Approval are applied in accordance with the Integrated Development Provisions of the Environmental Planning and Assessment Act, 1979.
6 The applicant shall comply with all conditions and advisory notes set out in the General Terms of Approval – Rivers and Foreshore Improvement Act 1948 No ER5716C ( Conditions 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18) and Advisory notes ER5716C (Notes 1,2,3,4,5,6,7)
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04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont) CERTIFICATES 7 Prior to the commencement of works an application for a Construction Certificate shall be submitted to, and be approved by, the Accredited Certifier.
8 Prior to the issue of an Occupation Certificate, all conditions of development consent relevant to that occupation, shall be complied with, and all relevant access and service infrastructure works shall be carried out in accordance with this consent.
9 Prior to occupation of a building an Occupation Certificate shall be issued by the Principal Certifying Authority.
10 Prior to issue of the Construction Certificate for buildings, a certificate of compliance under Section 50 of the Hunter Water Act 1991, or other documentary evidence demonstrating acceptable service infrastructure from Hunter Water, for this development, shall be submitted to the Accredited Certifier.
11 Prior to issue of an Occupation Certificate, documentary evidence from the suppliers of electrical power, and communications (and including gas if applicable), confirming that satisfactory arrangements have been made for the installation of infrastructure services, shall be submitted to the Principal Certifying Authority.
12 Prior to issue of the first Occupation Certificate, a compliance notice shall be obtained from the RTA certifying that all necessary works within the existing public road, have been carried out in accordance with this consent, and RTA requirements.
13 The use and occupation of the premises including the function centre, hotel, commercial component and place of worship shall not give rise to any offensive noise, as defined under the Protection of the Environment Operation Act, 1997.
14 There is to be no interference with the amenity of the area by reason of the emission of any noise, small, smoke, vapour, fume or otherwise.
UTILITY SERVICES 15 Underground water, sewerage, electrical power and communication infrastructure shall be provided to each component of the development.
16 Proposed access roads and paths shall be lit in accordance with the requirements of the power supply authority and Australian Standard AS 1158 and in accordance with Council's Manual of Engineering Standards; • adopting categories P4 (collector roads) & P5 (local roads) for the appropriate road type within the development, • providing “cut-off” luminaries (such as “Aeroscreen” or similar)
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04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont) VEGETATION & LANDSCAPING 17 Prior to commencement of any construction a fully detailed “Landscaping Plan” based on the approved documents shall be submitted to Council for approval. The strategy shall include a landscape plan and shall show details of species type, quantities, mature heights, season-times for plantings, etc and shall be prepared by a qualified Landscape Architect.
The landscaping plan must include a detailed schedule of plant heights for the northern portion of the site ensuring that view lines of St Helena from the New England Highway are not compromised. It must also provide details of the fencing and landscaping treatment for the boundary between Lot 201 and Lot 200 DP 1111493.
18 Approved landscaped areas of the development shall be maintained in accordance with the approved landscape plan. The landscaped areas shall be kept free of parked vehicles, stored goods, waste material, and the like.
BUSHFIRE 19 Prior to issue of the Occupation Certificate, an Asset Protection Zone (APZ) shall be created in accordance with the requirements of the Rural Fire Service.
FLOODING 20 All approved developments (and any associated future allotments) and roads shall be created free of flooding from the 1% AEP storm event for the contributing catchments. Building floor levels shall be set at a minimum of 500mm above the approved “flood- line level”.
ABORIGINAL ARCHEOLOGY 21 Prior to, or during construction, identification of any potential archaelogical deposit likely to contain Aboriginal artefacts, shall cause associated construction works that are deemed by an archaeologist to potentially impact on the artifact(s), to cease. Application shall be made by a suitably qualified Archaeologist to the National Parks and Wildlife Service for an excavation permit for Aboriginal relics. A copy of such a permit, shall be forwarded to Council.
CARPARKING 22 Car parking for the development shall be provided in accordance with the approved plans, with a minimum allocation for the development of 352 spaces.
23 All on-site driveways, parking areas and vehicles turning areas shall be constructed catering for manoeuvring turning paths for passenger, commercial and tourist transport vehicles, in accordance with Australian Standards, with a bitumen sealed granular pavement, segmental pavers, or as reinforced concrete.
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04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont) 24 All parking bays shall be delineated with line-marking and/or signposting.
PEDESTRIAN and CYCLIST ACCESS 25 Prior to the issue of the Construction Certificate a fully detailed plan, consistent with this application and Council’s Manual of Engineering Standards, of pedestrian/cycle paths shall be approved.
ROADS 26 Kerb and gutter and road construction with an asphaltic concrete wearing surface of all proposed roads within the development site, together with all necessary stormwater drainage and infrastructure facilities, shall be provided in accordance with Council’s Manual of Engineering Standards.
27 Roadworks within the New England Highway and St Helena Close shall be provided consistent with the submitted plan 11829 version B dated 10/7/07, in accordance with RTA requirements, and the RTA “Road Design Guide” including (but not limited to): a) pavement widening to provide an auxiliary (“deceleration”) lane and shoulder catering for “left-in” movements, b) pavement widening and linemarking, as necessary, to maintain the existing intersection and travel lane configuration/type in both eastbound and westbound directions, c) two 3.5m wide intersection approach and departure lanes within the access “entry” road, extending to the Helena Close intersection, and with extended merging tapers, d) provision for safe manoeuvres for articulated vehicles, e) lighting of the intersections adopting category ‘V’, in accordance with Australian Standard AS 1158.
STORMWATER DRAINAGE 28 A major/minor stormwater drainage system shall be provided, in accordance with Council’s Manual of Engineering Standards, catering for discharge from contributing catchment areas in their ultimate developed state.
29 A stormwater detention/retention system shall be designed, approved and constructed for the subject development to reduce post-developed discharges to pre- developed discharges, for the critical storm up to and including the 1% AEP (“100 year”) event, including methods to entrap gross pollutants, nutrients and hydrocarbons generated from the contributing catchment areas in their ultimate developed state, in accordance with Council’s Manual of Engineering Standards, and the Paterson Britton & Partners report issue No.2 dated February 2005, or otherwise as approved by Council.
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04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont) 30 Prior to issue of an Occupation Certificate a Maintenance Management Plan, (nominating the person responsible for its execution) for the stormwater detention/retention systems shall be prepared by a suitably qualified and experienced person, for approval, and shall be submitted to Council.
CIVIL WORKS 31 Prior to issue of the Construction Certificate for the road and drainage works (other than works on the New England Highway and St Helena Close), an engineering design shall be prepared, in accordance with Council's Manual of Engineering Standards, for approval.
32 Prior to commencement of works within the New England Highway road reserve: • an engineering design for road infrastructure required by this consent, shall be submitted to the RTA for approval, • consent for the approved works, under the Roads Act, shall be issued, • all relevant fees/monies/bonds required by the RTA shall be paid, • any “agreements/deeds” required by the RTA shall be in place, • an approved traffic management plan in accordance with RTA requirements shall be approved.
EROSION CONTROL 33 The site and its surrounding environs shall be protected from the effects of erosion (as water and wind borne particles) and off-site “vehicle tracking”, by the application of adequate controls. Details in accordance with Council’s Manual of Engineering Standards and the manual, “Managing Urban Stormwater” shall be submitted as part of the Construction Certificate application.
FOOD PREMISES The objective of the conditions under this heading is to draw to the attention of the applicant and owner their responsibilities to comply with the various requirements of the Food Act, 2003, Food Regulation 2004 and Australian Standard 4674-2004, Design Construction and Fit-Out of Food Premises.
34 The premises shall be fitted-out in accordance with the requirements of Australian Standard 4674-2004, Design Construction and Fit-Out of Food Premises and any other relevant legislation.
35 The installation of grease traps within kitchens and food preparation areas is not permitted. 36 Shelving may be free standing or fixed with the lowest shelf being not less than 300mm above the floor level. Shelving is to be kept at least 25mm clear of walls and vertical surfaces.
37 The premises will be incorporated in Council’s Surveillance Program and will be subject to 3 inspection(s) per annum. The current fee for an inspection is $93.00.
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HAIR/BEAUTY/SKIN PENETRATION PREMISES The objective of the following conditions is to draw to the attention of the applicant and owner their responsibilities to comply with the various requirements of the Public Health Act, 1991 and the Public Health (Skin Penetration) Regulation 2000.
38 The premises is to be fitted out and operated in accordance with the requirements of: • Guidelines for the Construction & Operation of Hairdressing, Beauty & Skin Penetration Premises; • NSW Health Skin Penetration Guidelines; and • Public Health (Skin Penetration) Regulation 2000.
39 The floor of the salon is to be constructed of or covered with a commercial grade material that is durable, smooth, impervious to moisture and capable of being easily cleaned. Coving is to be provided where the floor and wall intersect. The radius of the curve (coving) shall not be less than 25mm (feather skirting is not an approved form of coving).
40 The walls within the salon are to provide a smooth durable finish, and are to be painted in light coloured gloss paint. Tiling is to be provided behind wet areas such as the hand basin and wash up sink and adjacent to hair wash basins. Tiling is to extend to a height of 450mm above and 150mm to either side of wet areas.
41 A separate hand wash basin is to be provided within the operational area of the salon. The basin is to be provided with a supply of hot and cold water via common mixing device. A liquid soap and paper towel dispenser are to be provided at the basin. In addition to the hand basin a separate sink is to be provided for the purpose of cleaning equipment associated with the salon.
42 Prior to commencement of operations a final inspection is to be undertaken of the premises by Council’s Environmental Health Officer.
43 The premises will be incorporated in Council’s Surveillance Program and will be subject to 1 inspection(s) per annum. The current fee for an inspection is $ 93.00.
HERITAGE 44 Prior to the issue of the Construction Certificate, a program of investigations and works which provides for the identification, recording and management of historical artefacts shall be submitted to Council. This program is to be formulated by a suitably qualified and experienced archaeologist.
45 Prior to, or during construction or landscaping works, identification of any potential archaeological deposit likely to contain artefacts, shall cause associated construction works or landscaping works that are deemed by an archaeologist to potential impact on the artefact(s), to cease. Application shall be made by a suitably qualified archaeologist to the NSW Heritage Office in accordance with Section 146 of the Heritage Act 1977.
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46 Prior to the issue of the Construction Certificate, an Interpretative Plan, prepared in accordance with Heritage Office Guidelines ‘Interpreting Heritage Places & Items’, shall be submitted to Council for approval. Interpretive works shall be undertaken as identified in the approved plan.
47 Prior to issue of the Construction Certificate, a full schedule, and “colours and materials board” for all external finishes shall be submitted to Council for approval.
HOURS OF OPERATION 48 The hours of operation shall be restricted to the following: Motel Component Monday to Sunday (including Public Holidays) 24 hour operation Recreation Club, Restaurant and Function Rooms Monday to Sundays (including Public Holidays) 9am to 12 midnight Retail Shops, including day spa and bakery Monday to Sunday (including Public Holidays) 9am to 5pm Outdoor Markets Monday to Sunday (including Public Holidays) 9am to 5pm ADVICES The following advices are limited in scope and should not be understood to encompass all areas of responsibility of the consent holder, relating to the development.
A You are advised that if the intended status of the proposed roads is that they be “dedicated” to Council as public roads, that process, including their construction, is subject to a subdivision application to Council, and in accordance with Council’s planning provisions, in that case, only Council may issue the Subdivision Certificate.
B You are advised that, upon assessment of a possible future application for subdivision, that road layout and embellishments, dimensions, intersections, carpark access points and the like, for development components of this approval, may require amendment.
C You are advised that, upon assessment of a possible future application for subdivision, a roundabout may be required in the access “entry” road at its junction with the “village” road. D You are advised that compliance with the requirements of the Disability Discrimination Act, (DDA) applies to works on this site. It should be noted that compliance with the Building Code of Australia does not necessarily meet the requirements of the DDA.
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04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont) E You are advised that, in accordance with the EP&A Act, (sec.109F) payment of the building industry Long Service Leave levy, where applicable, must be paid prior to issue of any Construction Certificate. F You are advised that in regard to potential soil erosion from the construction site, such pollution of the environment is an offence under the Protection of the Environment & Operations (POEO) Act and may incur infringement fines. G You are advised that approval of the RTA, to works on the New England Highway will be necessary, and that possible future major upgrade works (such as a “seagull” type intersection) within the highway as a result of further development, will be subject to RTA approval. H You are advised that the proposed access “entry” road must be interconnected with the “Lochinvar Release Area”, and be designed to cater for the contributing traffic catchment. I You are advised that upon submission of a possible future application for subdivision, pathways and their lighting infrastructure may not be accepted by “dedication” to Council. J You are advised that the development is subject to potential road traffic noise as a result of the operation of the New England Highway and that neither the RTA nor Council will be responsible for any noise attenuation measures to meet the requirements of the NSW Environment Protection Authority’s “Criteria for Road Traffic Noise”. It is recommended that you advise purchasers/occupiers of the development of this advice. K You are advised that erection of signs (such as for advertising) are subject to a separate application to Council. L You are advised that an “Interpretive Plan” is a document which provides the policies, strategies and detailed advice for interpreting a heritage item and is based on research and analysis which seeks to communicate the significance of the item. It includes practical and specific advice about how to implement the plan. The purpose of the plan is to relay the significant of the St Helena grouping and its rural and agricultural setting and history. M You are advised that a Place of Public Entertainment Licence may be required.
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Officers Reports
DA 04-3580: TOURIST ACCOMMODATION FACILITY 15 ST. HELENA CLOSE (LOT 201 DP1111493), LOCHINVAR
Locality Plan
Meeting Date: 24 July 2007
Attachment No : 1
Number of Pages : 1
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Officers Reports
DA 04-3580: TOURIST ACCOMMODATION FACILITY 15 ST. HELENA CLOSE (LOT 201 DP1111493), LOCHINVAR
Indicative Development Plans
Meeting Date: 24 July 2007
Attachment No : 2
Number of Pages : 7
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Officers Reports
DA 04-3580: TOURIST ACCOMMODATION FACILITY 15 ST. HELENA CLOSE (LOT 201 DP1111493), LOCHINVAR
Public Submissions
Meeting Date: 24 July 2007
Attachment No : 3
Number of Pages : 14
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Officers Reports
DA 04-3580: TOURIST ACCOMMODATION FACILITY 15 ST. HELENA CLOSE (LOT 201 DP1111493), LOCHINVAR
Hunter Water Corporation Correspondence
Meeting Date: 24 July 2007
Attachment No : 4
Number of Pages : 2
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Officers Reports
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Correspondence from RTA
Meeting Date: 24 July 2007
Attachment No : 5
Number of Pages : 7
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Officers Reports DA 04-3580: TOURIST ACCOMMODATION FACILITY 15 ST. HELENA CLOSE (LOT 201 DP1111493), LOCHINVAR
Draft LEP Amendment No. 96
Meeting Date: 24 July 2007
Attachment No : 6
Number of Pages : 4
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Officers Reports
DA 04-3580: TOURIST ACCOMMODATION FACILITY 15 ST. HELENA CLOSE (LOT 201 DP1111493), LOCHINVAR
General Terms
Meeting Date: 24 July 2007
Attachment No : 7
Number of Pages : 9
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9.2.2 DA 07-956 - HOME ACTIVITY (LASER HAIR REMOVAL) LOT 2, DP1075289, 19A DWYER STREET, OAKHAMPTON RECOMMENDATION: APPROVAL
File No: DA 07-956 Attachments: Locality Plan Development Plans Submissions
Responsible Officer: David Simm Manager Development & Environment Author: Tegan Harris Assistant Town Planner Applicant: Gregory & Lynette McVicar Proposal: Home Activity (Laser Hair Removal) Location: 19a Dwyer Street, Oakhampton Zone: 1(a) Prime Rural Land
EXECUTIVE SUMMARY Development consent is sought from Council for a Home Activity (Laser Hair Removal) at 19a Dwyer Street, Oakhampton. The subject land is zoned 1(a) Prime Rural Land under Maitland Local Environmental Plan, 1993. ‘Home Activity’ is a permissible form of development in the 1(a) Zone with Council consent and is consistent with the objectives of the zone.
The proposed development is minor in nature comprising the use of an existing portion of a dwelling for a home activity business. The development application and accompanying information were placed on public exhibition pursuant to the Maitland City Wide Development Control Plan Chapter – Advertising and Notification of Development Applications. As a result of this notification process one submission was received. The issues raised are addressed in the report. It is not considered that these issues are sufficient enough to warrant refusal of the development application.
It is considered that the impact of the Home Activity would be neglible and the general residential and rural amenities of the locality would be retained. The Home Activity is capable of being operated within both the rural and surrounding residential zones.
The proposed development is permissible within the zone and compliant with the relevant planning instruments. For these reasons, it is considered that the development application is acceptable and is accordingly recommended for approval.
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07-956 Home Activity (Laser Hair Removal) 2 1075289 19a Dwyer Street, Oakhampton (Cont)
OFFICER'S RECOMMENDATION THAT:
DA 07-956 for Home Activity (Laser Hair Removal) on Lot 2, DP1075289 19a Dwyer Street, Oakhampton be approved, subject to the conditions of consent set out in the attached schedule.
INTRODUCTION Council is in receipt of a development application for the establishment of a Home Activity (Laser Hair Removal) at 19a Dwyer Street, Oakhampton. The application is put before Council as an objection was received during the advertising and notification period. The application seeks consent to utilise the double garage of an existing dwelling for a home activity.
The subject site is zoned 1(a) Prime Rural Land. The site forms a large, 4.241 hectare, parcel of land and is accessed by an approximate 150 metre Right of Carriageway which also services 19b Dwyer Street (Lot 1, DP1075289). The site is subject to the 1 in 100 flood event and is within the declared floodplain. Part of the subject site is within the floodway defined under clause 21 of the Maitland LEP 1993 and the 1% floodway. The existing dwelling on site however is not located within the 1 in 100 flood or clause 21 affected area of the site.
BACKGROUND The subject site was created as part of a two (2) lot subdivision pursuant to Development Approval No. 02-1858, approved 21 October 2002. The resulting lot, the subject of this application, retained the existing 1990s dwelling on site, with the other lot created as a vacant parcel. The existing dwelling has undergone alterations and additions in accordance with Clause 33 of the Maitland Local Environmental Plan 1993.
PROPOSAL The application seeks consent for a small scale home activity business, being a laser hair removal clinic. It is proposed to utilise the existing double garage for the practice. The converted garage would provide two rooms, one for treatments and the other to receive customers. The home activity will be operated by the owner and occupier of the property and this person will be the only person employed in the business. A condition placed on any consent that is granted for the development will ensure that all customer visits to the site are by appointment only. The applicant has stated that only one client will be treated at the premises at a time with an estimated maximum of six clients treated per day. The hours of operation for the business are proposed as follows: • Monday to Friday – 9:00am to 6:00pm, • Saturday – 9:00am to 1:00pm, and, • Sunday and Public Holidays – Closed.
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07-956 Home Activity (Laser Hair Removal) 2 1075289 19a Dwyer Street, Oakhampton (Cont) driveway. Car parking for the dwelling is provided through a double carport. Signage for the home activity will comply with the signage allowance set out in the definition of a Home Activity within the Maitland LEP 1993. This will be ensured through a condition on any consent that is granted.
PLANNING ASSESSMENT The proposal has been assessed under the relevant matters for consideration detailed in Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as follows:
Section 79C(1)(a)(i) provisions of any environmental planning instrument
Maitland Local Environmental Plan 1993 The subject land is zoned 1(a) Prime Rural Land under Maitland Local Environmental Plan 1993 (MLEP). The proposed development is defined under the MLEP as “Home Activity” which is a permissible land use in the 1(a) zone with Council consent. The proposal is considered to be consistent with the zone objectives.
Hunter Regional Environmental Plan Council has incorporated the recommendations and intentions of the Hunter Regional Environmental Plan (HREP) into its various planning instruments and as such, compliance with the relevant planning instruments infers consistency with the HREP.
State Environmental Planning Policies The proposed development does not raise any issues that conflict with any State Environmental Planning Policies. Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition There are no draft environmental planning instruments that have been placed on exhibition that are relevant to this proposal. Section 79C(1)(a)(iii) any development control plan There are no specific controls in any of Council’s Development Control Plans that relate to Home Activities. Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph) The proposed development is compliant with the regulations. Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality The proposed development is minor in nature comprising the use of an existing portion of a dwelling for a home activity business. It is not anticipated that issues relating to noise, traffic movement and waste will cause an adverse impact on the existing locality. All client visits are to be by appointment only. It is considered that the impact of the home activity would be neglible and the general residential and rural
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07-956 Home Activity (Laser Hair Removal) 2 1075289 19a Dwyer Street, Oakhampton (Cont) amenities of the locality would be retained. As such, the proposed development is not anticipated to have any significant impacts on the natural or built environments, social and economic impacts in the locality. Section 79C(1)(c) the suitability of the site for the development The scale of the proposed development would only result in minor effects in this instance. The Home Activity is capable of being operated within both the rural and surrounding residential zones. Therefore, the subject site is considered suitable for the proposed development. Section 79C(1)(d) any submissions made in accordance with this act or the regulations The development application and accompanying information were placed on public exhibition for a period of 14 days from 7 May 2007 to 21 May 2007. As a result of the notification process, zero submissions were received.
Additional information detailing signage was submitted by the applicant. As a result of this information the application was re-advertised and notified for a period of 14 days from 30 May 2007 to 13 June 2007. As a result of this notification process one (1) submission was received and is provided as Attachment 3 to this report.
The main issues raised by the objectors are summarised below and comment provided: Issue 1 “The proposed beauty salon is a business that is inappropriate for such a confined area at the end of a Right-of-Carriageway, and would be more suitable being located in the designated commercial areas of Maitland.”
Planners Comment
The proposed development is minor in nature comprising the use of an existing portion of a dwelling for a home activity business. The scale of the proposal results in a development that is capable of being operated within both the rural and surrounding residential zones. Condition No. 4 will ensure that all customer visits to the site are by appointment only.
Issue 2
“Car parking space 3 is situated on the Right-of-Carriageway and car parking space 4 is located on my land.”
Planners Comment
Car parking spaces 3 and 4 have been deleted from the plans submitted with the application, and are not required in accordance with Council’s adopted codes and policies for this type of development.
Issue 3
“The Right-of-Carriageway is to benefit each owner equally and is to be maintained by each lot owner both jointly and equally. To this end, I belive that Page 87 ORDINARY MEETING AGENDA 24 JULY, 2007
07-956 Home Activity (Laser Hair Removal) 2 1075289 19a Dwyer Street, Oakhampton (Cont) catering for up to six clients per day weekdays and Saturday mornings will place an undue burden on the Right-of-Carriageway and cause on-going maintenance problems. This was not envisaged by the terms of Part 2 of the Section 88B Instrument which deals with the conditions of the Right-of- Carriageway.”
Planners Comment
Issues relating to the Right of Carriageway are to be resolved between the land owners. It is considered that the width of the driveway is sufficient to accommodate the number of vehicles which may visit the home activity and the Right of Carriageway is already sealed for its entire length and can accommodate the required vehicle movements.
Issue 4
“The proposed hours of 9am -6pm weekdays, and 8am-12 noon on Saturday, are not appropriate hours for an area where there are residents.”
Planners Comment
The hours of operation have been amended restricting the operation of the Home Activity to 9:00am – 1:00pm on Saturdays, with no Sunday or Public Holiday hours. It is considered reasonable the weekday hours of operation remain at 9:00am to 6:00pm. It is considered that the frequency of visits and the impacts of the activity will be minor.
Issue 5
“The Right-of-Carriageway is only 3.6 metres wide and this will result in undue noise affecting the use of my land.”
Planners Comment
The Right of Carriageway is bitumen sealed in its entirety. It is not considered that undue noise will be generated from vehicle movements as a result of the home activity.
Issue 6
Concerns are raised over the location of the proposed advertising (adjacent to the letter boxes in the right of carriageway). The location of the signage would indicate to visitors that the right of carriage way is for clinic clients only.
Planners Comment
Advertising has been deleted from the proposal. A condition on any consent that is granted will ensure that signage for the home activity will comply with the signage allowance set out in the definition of a Home Activity within the Maitland LEP 1993.
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07-956 Home Activity (Laser Hair Removal) 2 1075289 19a Dwyer Street, Oakhampton (Cont) Section 79C(1)(e) the public interest
FINANCIAL IMPLICATIONS The proposed development is not anticipated to result in any financial implications.
POLICY IMPLICATIONS The proposed development is not anticipated to result in any policy implications.
STATUTORY IMPLICATIONS Statutory implications relating to assessment of the subject application have been addressed in the body of the report.
CONCLUSION An assessment of the application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as amended. The proposed development is considered satisfactory in terms of the relevant matters for consideration under the Act and the development application is recommended for approval.
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07-956 Home Activity (Laser Hair Removal) 2 1075289 19a Dwyer Street, Oakhampton (Cont)
SCHEDULE OF CONDITIONS Schedule of Conditions DA 07-956
Reason for Conditions The objectives of the following conditions is to draw to the attention of the applicant and owner their responsibilities to comply with various provisions of the Environmental Planning and Assessment Act, 1979, Environmental Planning and Assessment Regulations, 2000, Local Government Act 1993; Regulations; Building Code of Australia and Local Policies relating to building construction and maintenance.
COMPLIANCE 1 The applicant shall comply with all conditions within this schedule prior to occupancy of the proposed development.
2 The proposed development is to be carried out strictly in accordance with the plans and documentation submitted with the application and any amendments to those plans arising through conditions to this consent.
3 Compliance with the definition of "Home Activity" under the provisions of the Maitland Local Environmental Plan, 1993, as follows: a) only goods made or produced on the premises and goods ancillary thereto are displayed and sold on the premises or only services are provided or based; and b) the activity, pursuit, occupation or profession does not involve the practice or employment on the premises of any person who is not a resident of the dwelling; and c) the carrying on of the activity, pursuit, occupation or profession does not: i) interfere with the amenity of the locality by reason of traffic generation, insufficient car parking, or the emission of noise, vibration, smell, times, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise; ii) involve exposure to view from any adjacent prefaces or from any public place of any unsightly matter; iii) require the provision of any essential service main of a greater capacity than that available in the locality; iv) involve the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign (not exceeding 1 metre by 0.6 metres) exhibited on that dwelling house or dwelling to indicate the name and occupation of the resident, or a description of the activity, pursuit, occupation or profession).
4 All client visits to the site are to be by appointment only. An appointment book recording all visits (client name, phone number and time of appointment) to the home activity shall be kept on site at all times and made available to Council upon request.
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07-956 Home Activity (Laser Hair Removal) 2 1075289 19a Dwyer Street, Oakhampton (Cont) CARPARKING 5 Car parking for the development (two spaces) shall be provided in accordance with the stamped approved plans providing two spaces.
HOURS OF OPERATION 6 The hours of operation of the Home Activity are approved as follows: • Monday to Friday – 9:00am to 6:00pm. • Saturday – 9:00am to 1:00pm. • Sunday and Public Holidays – Closed.
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Officers Reports
DA 07-956 - HOME ACTIVITY (LASER HAIR REMOVAL) LOT 2, DP1075289, 19A DWYER STREET, OAKHAMPTON
Locality Plan
Meeting Date: 24 July 2007
Attachment No : 1
Number of Pages : 1
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Officers Reports
DA 07-956 - HOME ACTIVITY (LASER HAIR REMOVAL) LOT 2, DP1075289, 19A DWYER STREET, OAKHAMPTON
Development Plans
Meeting Date: 24 July 2007
Attachment No : 2
Number of Pages : 3
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Officers Reports
DA 07-956 - HOME ACTIVITY (LASER HAIR REMOVAL) LOT 2, DP1075289, 19A DWYER STREET, OAKHAMPTON
Submissions
Meeting Date: 24 July 2007
Attachment No : 3
Number of Pages : 3
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9.2.3 PROPOSED AMENDMENT OF MAITLAND ENVIRONMENT PLAN 1993- GILLIESTON HEIGHTS URBAN INVESTIGATION AREA, PART 2
File No: RZ07/006
Attachments: Locality Plan Plan of Urban Investigation Area
Responsible Officer: Monica Gibson City Strategist
Author: Clare Vint Town Planner
EXECUTIVE SUMMARY The purpose of this report is to consider the suitability of a rezoning proposal for land at Gillieston Heights and is in response to the Council resolution of the 12th June 2006 regarding the Gillieston Heights Release Area. The subject lands are currently zoned 1(b) Secondary Rural land by the Maitland Local Environmental Plan 1993.
An application has been made that proposes rezoning the land for residential purposes. The land is shown in the Maitland Urban Settlement Strategy as the Gillieston Heights Urban Release Area and the application is consistent with the local and regional strategies.
The Maitland Urban Settlement Strategy (2006) nominates the sites as Category 1 and Category 2 residential areas. The Category 2 land was identified to allow a suitable time scale for the poultry farming business to continue to operate. However, the agricultural activities will cease the short term allowing for the earlier preparation of the draft LEP.
In accordance with Council’s resolution on 12 June 2007, the Gillieston Heights area is one of the four urban release LEP amendments to be prepared prior to the citywide comprehensive LEP. If supported, the land subject to this report will be investigated with other Gillieston Heights sites which Council also resolved to rezone on the 12th June 2006.
A review has been undertaken of the Category 2 land, considering the site characteristics and its suitability for urban development. Preliminary environmental investigations were submitted with the rezoning proposal for the Category 2 land. A number of matters affect the site including remediation of the poultry business on closure, natural vegetation, bushfire, flooding, previous mining activities, drainage and traffic issues.
The balance of the land (ie that east of Cessnock Road) has been the subject of investigations undertaken with the Gillieston Heights East Urban Release Area have
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Proposed Amendment of Maitland Environment Plan 1993-Gillieston Heights Urban Investigation Area, Part 2 (Cont.) previously considered the site characteristics and suitability of these lands for urban development.
In accordance with the Department of Planning guidelines, additional detailed studies will be required should Council decide to prepare a draft local environmental plan. The preliminary studies and desktop review confirm that there is no impediment to progress with the preparation of a draft local environmental plan.
OFFICER'S RECOMMENDATION THAT:
1. Pursuant to Section 54 of the Environmental Planning and Assessment Act 1970, Council prepare a draft Local Environmental Plan to rezone the land shown in Attachment 1 for residential purposes.
2. An environmental study be undertaken to inform the preparation of the Local Environmental Plan, in accordance with Council’s Local Environmental Study Protocol.
REPORT The subject land is identified in Attachment 1 and includes the following lot descriptions, property ownership details:
Lot Details Ownership Area Lot 1 DP986923 & Lot 1 MR & SD Vicary 19.6 ha DP 197680 Russell St Gillieston Heights Lot 2 DP 197680 JM Marshall 590 m2 16 Russell St Gillieston Heights Lot 21 & 22 DP1092105 GJ & MN Rollason 3.9 ha 412 Cessnock Rd Gillieston Heights Lot 112 DP6208087 RL & J Greedy 2002 m2 259 Cessnock Road Gillieston Heights Lot 11 DP1083985 JE & JE Potter 6 ha 333 Cessnock Road, Gillieston Heights Lot 3 DP1035899 A Ashburn & SM 6445 m2 343 Cessnock Road, Smith Gillieston Heights Lot A DP377804 E Smith 1.8 ha 391 Cessnock Road, Gillieston Heights
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Proposed Amendment of Maitland Environment Plan 1993-Gillieston Heights Urban Investigation Area, Part 2 (Cont.) Lot Details Ownership Area Lot 1 DA381940 R Hallam 1012 m2 395 Cessnock Road, Gillieston Heights Lot 1 DP663703 GE Mills 1.9 ha 405 Cessnock Road, Gillieston Heights Lot 11 DP573032 B Mears 2 ha 411 Cessnock Road, Gillieston Heights
General Site Characteristics:
• The subject parcels have direct access to Cessnock Road, except land in Russell Street; • The total combined area of the subject parcels is 36 ha; • The western site is elevated and partially flood free, with views and vistas to the west, and north west overlooking Wentworth Swamp and the wider Maitland flood plain; • The eastern sites tend to slope eastward, with views and vistas to the east, they form part of the Gillieston Height Area Plan. • All the subject parcels are within 3.5km of the Maitland CBD; • Small amounts of native vegetation remain as the result of past agricultural practices. These areas are generally subject to bushfire hazard; • The landscape is generally rural adjoining residential land with a rural outlook.
RESIDENTIAL LAND SUPPLY
In 2001 Council adopted a policy to maintain a residential land supply for a 15 year period. Population growth in Maitland is the highest in NSW and this growth is predicted to continue at a rate of 2.5% per year to 2001. Over the period 2001-2005 the average number of dwelling constructions per year was 771. MUSS 2006 estimated that there is potential for 4100 dwellings from existing rezoned land across the LGA, which would result in approximately 5-8 years supply, if no further land is rezoned.
The Central Sector, which included Central Maitland, Gillieston Heights and Bolwarra/Largs, has a construction rate of approximately 93 dwellings per year, which is concentrated in the Bolwarra Heights and Largs area. The existing zoned land in this sector is estimated to yield 1,516 dwellings or about 16 years supply. However, further land will need to be investigated for residential land to maintain supply to continue to provide for the 15 year bank of land.
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Proposed Amendment of Maitland Environment Plan 1993-Gillieston Heights Urban Investigation Area, Part 2 (Cont.) The eastern lands, Category 1, will contribute an estimate 45 additional dwellings and the western land, designated Category 2, will contribute an estimated 100 additional dwellings towards the required additional supply.
Land zoned and Land zoned and Investigation DA approved DA not Area approved Western subject 100 land Eastern subject 45 land All other 660 600 335 Gillieston Heights land Total potential 660 600 480 1740 dwellings
The Gillieston Heights urban investigation area lays in a sustainable location, located close to Central Maitland with all the services that it provides, and much of the land is above the 1 in 100 year flood level. There is a strong link to the New England Highway and the Maitland train station, with good connections further afield. An increased population to Gillieston Heights will provide the existing residents with improved services and the opportunity to provide a greater range of services. Local businesses will also benefit from potential increase in customers.
Demand for land in Gillieston Heights is therefore likely to increase the average dwelling construction rate per year in the Central Sector, which means the available zoned land will reduce more quickly.
SITE SPECIFIC MATTERS
The proposed rezoning of the Lots is for residential purposes only. It is considered that a master plan is not required for the western land, with the eastern land forming part of the Gillieston Heights Area Plan.
Part of Lot 11 DP1083985, 333 Cessnock Road, has already been zoned commercial and is excluded from the current proposal for rezoning. The remainder of the allotment contains a temporary home community. The proposed change of zone to 2(a) Residential permits this use to continue on the land. The proposed zoning is more appropriate to the use and character of the site, and does not mean that the community must relocate. This land has not been included in the calculation for the estimated increase in the number of dwellings, as the site is already occupied.
Mining Activities
Historic underground mining activities are known to have occurred to the west and south of Gillieston Heights, it is possible that the western part of Lot 1 DP986923 will have been affected by this activity. Where the land is affected and mitigation is not possible, the affected land will not be developed for residential purposes.
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Proposed Amendment of Maitland Environment Plan 1993-Gillieston Heights Urban Investigation Area, Part 2 (Cont.) The Department of Primary Industries and the Mine Subsidence Board will be consulted regarding potential impact on the subject site.
Bushfire
One third to a half of the western site is bushfire prone, located to the south east and north west of the site. A Bushfire Hazard Assessment will need to be undertaken on the site in line with the current requirements of the NSW Rural Fire Service.
Part of the eastern sites are also Bushfire prone, however, this has been addressed in the Gillieston Heights Area Plan.
Consultation with the RFS is necessary to determine the extent of hazard reduction required to minimise bushfire risk.
Noise and Vibration
Cessnock Road adjoins the subject site along the eastern boundary and South Maitland Railway Line to the west, both have the potential to impact on the amenity of any residences on the western site and further investigation of the impacts and necessary remediation will be required.
The eastern sites have already been investigated under the Gillieston Heights Area Plan.
Consultation with the Department of Environment and Climate Change and with the South Maitland Railway will be required.
Heritage
An Aboriginal and European Heritage Impact Assessment will need to be undertaken for the western site.
Utility Infrastructure Provision
Servicing of the Gillieston Heights investigation area and the subject land would involve an extension of utility infrastructure from the existing Gillieston Heights residential area. Preliminary discussions with major infrastructure providers including Hunter Water and Energy Australia have indicated that essential utilities provided by these agencies can be augmented to service the expanded area and thereby maintain or improve current services.
An existing easement for a transmission line runs across Lot 1 DP197680.
Hydrology
The eastern sites have been considered as part of the Gillieston Heights Area Plan.
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Proposed Amendment of Maitland Environment Plan 1993-Gillieston Heights Urban Investigation Area, Part 2 (Cont.) The north east corner of the western site is subject to flooding. The site supports an intermittent creek and drainage lines, which feed into Wentworth Swamp wetland system. Current State Government policies ensure the protection of prescribed drainage lines in the site.
Central Hunter Riparian Forest lies adjacent to the north of and associated with the lower section of the drainage line. There are a number of man-made dams within the upper areas of the drainage lines.
Consultation will be undertaken with the department of Environment and Climate Change.
Access/Road Infrastructure
The existing road network in the Gillieston Heights area will require upgrading to service the additional residential development proposed on the subject land. This includes the intersections with Cessnock Road. Additional traffic studies will be required to identify the traffic impacts of the eastern sites and any works required as a result.
A public transport service is available to Gillieston Heights.
Consultation with the Roads and Traffic Authority will be undertaken.
Biodiversity
Endangered Ecological Communities have been identified on the site in the form of….
A full investigation of the flora and fauna is required on the site, including a seven (7) part test, which evaluates the results of the investigations.
Consultation is required with the Department of Environment and Climate Change.
Odour and Dust
The current odour and dust impact of the existing poultry farming practice (Lot 1 DP986923) will be removed with the closure of the business and any rezoning of the land. Investigation in to contamination of the land and the required remediation works will need to be undertaken.
The removal of the poultry farm will enhance the amenity of the existing residents of Gillieston Heights.
Soil & Geology
Surface conditions across the western sites are generally characterised by silty and sandy topsoil material with exposures of residual clay. Subsurface material is dominated by siltstone and sandstone.
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Proposed Amendment of Maitland Environment Plan 1993-Gillieston Heights Urban Investigation Area, Part 2 (Cont.)
The western portion of Lot 1 DP986923 has evidence of past mining and quarrying activities. This area is underlain by the Greta Coal Measures.
The impact of the existing use of the site for poultry farming will be assessed.
The characteristics of the eastern sites have been considered under the Gillieston Heights Area Plan.
Rural Land
The subject land is identified as Class 3 and 4 agricultural lands, which means that the sites are not suited for cultivation, with the better land suited for grazing. Areas of the land are tree covered and as such are not suited for grazing.
Intensive agriculture, in the form of poultry farming, is operating on the Lot 1 DP986923. The operation lies within 300 metres of the settlement of Gillieston Heights and as such is likely to be creating some odour, dust and noise issues for the existing residents. Removal of the operation or relocation to a more rural location will be beneficial to the existing residents.
If the zoning of the land was to change from the existing rural zone, it is not considered that there would be a significant loss of agricultural potential from the Gillieston heights area, as the changes in poultry farming have allowed intensification of use. This will be discussed with the Department of Primary Industries during the preparation of the draft LEP.
PURPOSE OF THE PLAN
It is the aim of the draft plan to rezone the identified lands consistent with the adopted urban investigation boundaries, for residential purposes, subject to consideration of land constraints.
The proposed zonings as considered consistent with Council’s strategic planning of the Gillieston Heights area and the sites are identified as Category 1 and 2 land within the Maitland Urban Settlement Strategy. This will ensure that Council is able to maintain land supply in the Gillieston Heights and Maitland area, with a diversity of housing choice and affordability. Detailed environmental investigations, including but not limited to an assessment of flora and fauna, past mining activities, hydrology, access, roads, remediation of land, servicing infrastructure and bushfire will be required to inform the draft LEP process.
The DLEP will be consistent with the overall vision of the Lower Hunter Regional Strategy by providing additional lots within new Greenfield areas in a co-ordinated manner and will ensure the management of specific environmental and cultural assets through appropriate zoning provisions and development design standards.
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Proposed Amendment of Maitland Environment Plan 1993-Gillieston Heights Urban Investigation Area, Part 2 (Cont.) EFFECTS OF EXISTING PLANS POLICIES AND DIRECTIONS
The following Ministerial directions must be complied with during the preparation of the local environment plan: • Direction No. 5 – Coal, Other Minerals, Petroleum and Extractive Resources • Direction No. 9 – Conservation and Management of Environmental and Indigenous Heritage • Direction No.11 – Development in a Mine Subsidence District or on Unstable Land • Direction No. 13 – Environmental Protection Zones • Direction No. 15 – Flood Prone Land • Direction No. 17 - Integrated Land Use and Transport • Direction No. 18 – Manufactured Homes Estate • Direction No. 19 – Planning for Bushfire Protection • Direction No. 21 - Residential Zones • Direction No. 22 – Rural Zones • Direction No. 30 - Regional Strategies
Consultation will be undertaken with relevant government agencies in accordance with the Directions regarding plan preparation and environmental investigations.
Lower Hunter Regional Strategy The primary purpose of the Regional Strategy is to ensure that adequate land is available and appropriately located to sustainably accommodate the projected housing, employment and environmental needs of the region over the next 25 years. Residential development is focused on new release areas identified in the Strategy, as well as infill housing in centre and specific urban areas.
The Lower Hunter Regional Strategy has identified that an addition al 115,000 dwellings will be required to house the Regions’ growing population over the next 25 years. Of this, 69,000 are proposed to occur in the new Greenfield areas with the overall intent to improve neighbourhood design and efficient use of infrastructure.
Maitland is targeted for a total dwelling capacity of 26,000 dwellings which includes both new release areas and infill development. The release of land at Gillieston Heights will ensure that Council is able to meet the targets established by the Department.
The locality of Gillieston Heights is specifically identified in the Regional Strategy Map as a Proposed Urban Area. The Strategy also identifies that the boundaries of the urban area are to be defined through local planning strategies. It is considered that the Gillieston Heights investigation area complies with the Regional Strategy sustainability criteria, including availability of infrastructure, accessibility, low hazard and land use conflicts, minimal effect on natural resources and the potential to protect and enhance biodiversity and heritage.
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Proposed Amendment of Maitland Environment Plan 1993-Gillieston Heights Urban Investigation Area, Part 2 (Cont.) Draft Lower Hunter Conservation Plan
The Gillieston Heights investigation area is not identified in the Draft Lower Hunter Conservation Plan as a site for regional biodiversity conservation. Consideration will be given to local conservation significance and priorities for the land following more detailed investigations of the ecological significance of the sites.
Maitland Urban Settlement Strategy
The identified parcels of land are consistent with the overall aims and objectives of the Maitland Urban Settlement Strategy (2006). The eastern allotments have been considered as part of the Gillieston Heights Area Plan. The western land was identified as Category 2 Residential Investigation Area, for development in the 6-10 year timescale because of the existing the poultry business. The confirmation that the operation is to cease on this site in the near future allows the timescale to be brought forward.
Specific issues affecting the western land in the Gillieston Heights investigation area have been addressed in the preliminary study, with further investigation necessary to determine site specific development controls.
Maitland City Wide Development Control Plan
Gillieston Heights contains two (2) separate urban investigation areas. The large area is located on the eastern side of Cessnock Road and is supported by a specific Area Plan. The Gillieston Heights Area Plan includes a framework for land use development including open space, road hierarchy, environmentally sensitive areas, commercial precinct facilities, school and residential land.
The western side of Cessnock Road contains the main and older residential area of Gillieston Heights surrounded by the smaller urban investigation area. This urban investigation land is a logical continuation of the residential settlement of Gillieston Heights. It is not considered necessary to develop an area plan for the western investigation area given the limited size of the potential residential land.
Maitland Greening Plan
The Maitland Greening Plan has been developed to provide a strategic framework for the future management of vegetation in the Maitland Local Government Area. The Greening Plan focuses on the vegetation that remains in the Maitland LGA, whilst also providing a strategy for revegetation works. This includes measures to address land degradation issues, firm up wildlife corridors for biodiversity management and opportunities for the inclusion of woodlots and farm forestry.
One of the key environmental outcomes targeted by the plan is the opportunity to focus on revegetation of gully lines as a means of controlling gully erosion and subsequent land loss. Reinforcing and re-establishing riparian vegetation will be part of the environmental studies and outcomes for the site.
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Proposed Amendment of Maitland Environment Plan 1993-Gillieston Heights Urban Investigation Area, Part 2 (Cont.) Section 94 Contribution Plan
Road Infrastructure
Future residential development in the Gillieston Heights urban release area has the potential to impact upon the local and regional road network. In particular, residential on the western side of Cessnock Road will place pressure on the existing intersections with Cessnock Road.
Significant traffic analysis and road design has been undertaken to date (associated with the Gillieston Heights Area Plan and residential development on the eastern side of Cessnock Road) to determine the most cost effective and safety orientated solutions for new roads, intersections and upgrading of Cessnock Road. This has involved traffic studies, preliminary designs and costings for proposed works and discussions with the RTA.
The Maitland City Wide Section 94 Plan included these works and their costs in the schedule programme. All works are directly attributed to the release of land in the urban release area. Similarly, proposed residential development of the land in the urban release area west of Cessnock Road will need to be supported by detailed traffic studies, road and intersection designs consistent with the RTA standards and broader road and intersection strategies for the area. The development of the western precinct of Gillieston Heights will help distribute the road work costs identified under Council’s Section 94 Plan.
Parks/Open Space/Community Facilities/Pedestrian and Cycle Links
In regard to the provision of parks, sporting facilities, community facilities and pedestrian and cycle links, the draft LEP does not designate the location of these facilities, however, the area of land proposed for urban purposes warrants the provision and improvement of such facilities.
Council’s Section 94 Plan 2006 identifies the need for two (2) local parks, embellishment of the existing Gillieston Heights Oval (being a neighbourhood park with sporting facilities), a multi-purpose community centre and local cycleway/pedestrian network with links to the wider catchment area.
The Section 94 Plan included these works and their costs in the schedule program with all works directly attributed to the release of land in the Gillieston Height Urban Investigation Area.
FINANCIAL IMPLICATIONS There are no financial implications as a result of this draft amendment.
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Proposed Amendment of Maitland Environment Plan 1993-Gillieston Heights Urban Investigation Area, Part 2 (Cont.) POLICY IMPLICATIONS This matter has no specific policy implications for Council. The proposals are consistent with Council’s identified urban investigation areas for Gillieston Heights as identified in the MUSS (2006) and are key to the future growth of the City.
STATUTORY IMPLICATIONS Should Council determine to prepare a draft local environment plan for the Gillieston Heights Investigation Area, the following procedural steps will be followed:
• Notification of Council’s decision to the Department of Planning; • Consideration of the proposed draft LEP by the LEP review panel; • Upon advice from the panel, detailed environmental studies are prepared and government agencies consulted. • Draft LEP will be submitted to the Department of Planning for the issue of an exhibition certificate.
The following agencies will be formally consulted during the preparation of the draft local environmental plan:
• Roads and Traffic Authority • Department of Environment and Climate Change • Department of Primary Industries • NSW Rural Fire Service • Mine Subsidence Board • Local Aboriginal Land Council • Utility Service providers (water, power, telecommunications) • South Maitland Railways
Once the draft plan is prepared, a public exhibition period will be advertised. This will include written notification of the adjoining landowners and other affected parties.
CONCLUSION The Gillieston Heights urban investigation area has been identified in the Maitland Urban Settlement Strategy as Category 1 and 2 Residential Area, and in the Lower Hunter Regional Strategy as an area for urban growth. The subject site’s proximity to, and connectivity with, existing residential land and service infrastructure are compelling reasons to consider the preparation of a draft local environment plan.
The submission of further detailed site investigations will provide the required information to allow assessment and identify management options of site constraints discussed earlier in the report.
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Proposed Amendment of Maitland Environment Plan 1993-Gillieston Heights Urban Investigation Area, Part 2 (Cont.)
Officers Reports
PROPOSED AMENDMENT OF MAITLAND ENVIRONMENT PLAN 1993- GILLIESTON HEIGHTS URBAN INVESTIGATION AREA, PART 2
Locality Plan
Meeting Date: 24 July 2007
Attachment No : 1
Number of Pages : 1
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Proposed Amendment of Maitland Environment Plan 1993-Gillieston Heights Urban Investigation Area, Part 2 (Cont.)
Page 114 ORDINARY MEETING AGENDA 24 JULY, 2007
Proposed Amendment of Maitland Environment Plan 1993-Gillieston Heights Urban Investigation Area, Part 2 (Cont.)
Officers Reports
PROPOSED AMENDMENT OF MAITLAND ENVIRONMENT PLAN 1993- GILLIESTON HEIGHTS URBAN INVESTIGATION AREA, PART 2
Plan of Urban Investigation Area
Meeting Date: 24 July 2007
Attachment No : 2
Number of Pages : 1
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Proposed Amendment of Maitland Environment Plan 1993-Gillieston Heights Urban Investigation Area, Part 2 (Cont.)
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9.2.4 PROPOSED AMENDMENT OF MAITLAND ENVIRONMENTAL PLAN 1993 - ST JOHN’S COLLEGE AND CONFERENCE CENTRE, MORPETH ROAD, MORPETH
File No: RZ04/016
Attachments: Draft LEP Public Submissions Department of Planning Correspondence Heritage Council of NSW Correspondence Correspondence from Providence Projects
Responsible Officer: Monica Gibson City Strategist
Author: Clare Vint Town Planner
EXECUTIVE SUMMARY The purpose of this report its to provide information on the preparation and drafting of the rezoning proposal, for Lots 2 and 3 DP841759, known as St Johns College and Conference Centre (St John’s) at Morpeth Road, Morpeth and to comment on the submissions received during the public exhibition of the draft plans.
A draft Local Environmental Plan (LEP) has been prepared, following advice from the Department of Planning and exhibited for the proposal. The aim of the draft LEP is rezone the land to allow the development of a seniors village, nursing home, rural residential lots and the conservation of the heritage items on the site
Consultation was undertaken with government agencies, the Department of Planning, landowners and the community during the preparation of the draft LEP. The main issues raised by the consultation where the impact on the ecology and heritage on the site.
OFFICER'S RECOMMENDATION THAT:
Pursuant to Section 68(4) of the Act, the Local Environmental Plan be submitted to the Department of Planning, with a request that the Minister makes the Plan.
REPORT Council considered at its meeting of 27 June 2006 the draft LEP proposal for the development of the site for seniors living and a high dependency nursing home,
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Proposed Amendment of Maitland Environmental Plan 1993 - St Johns College and Conference Centre, Morpeth Road, Morpeth (Cont.) through the rezoning of the land and the provision of a development enabling clause in the Maitland LEP.
The Department of Planning asked for the removal of the enabling clause the use of these clauses are not consistent with the template LEP and standardisation of LEPs. The draft LEP was amended to this effect and was exhibited for the minimum 28 days required under the Environmental Planning & Assessment Act 1979, see Attachment 1.
The Conservation Management Plan (CMP) for the site was endorsed by the Heritage Council of NSW and was placed on exhibition with the draft LEP. The CMP establishes development setbacks and which of the heritage buildings, structures and trees should be retained for heritage reasons and which are non-contributory and may be altered or removed.
The Heritage Council has also commented on the applicant’s proposal for an 80 bed nursing home, in detail, which will need to respect the historic character of the site. It is to be located immediately to the south of Closebourne House. There are no detailed proposals for this nursing home before Council at this time.
A significant number of submissions from members of the public were received regarding the ecological and heritage importance of the site. Further information from the applicant has been submitted in the form of a flora and fauna report. This report demonstrates that there is an ecological value to the site. The applicant has agreed to under take further investigations and consider any compensatory or amelioration work as part of any development application.
CONSULTATION As a result of the public exhibition from 8 March to 13 April 2007, sixteen (16) submissions were made. These form Attachment 2 of this report. The comments of the Department of Planning and the Heritage Council form Attachment 3.
Public Submissions
Ecological issues
The submissions raised a number of concerns regarding the vegetation and wildlife on the site including the need to consult with the Hunter-Central Rivers Catchment Management Authority (CMA), the loss of the large trees and the future of the community-planted trees along the current driveway.
The submissions have also indicated that a wide variety of fauna are present either permanently or in a migratory capacity on the site.
Council did not consult with the CMA as the provisions of the Native Vegetation Act do not apply to the site in its current zoning. Council has however, requested further information on the ecological communities on the site.
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Proposed Amendment of Maitland Environmental Plan 1993 - St Johns College and Conference Centre, Morpeth Road, Morpeth (Cont.) The applicant submitted a further report which investigates the impact of their proposal on the ecological communities on the site. A Seven Part Test was undertaken to establish the impact of the proposal. Whilst the report concluded that there was no significant impact from the rezoning of the site, a pair of Swift Parrots was noted on the site. The Swift Parrot is an endangered species under the Threatened Species Conservation Act 1995, with only 1,000 breeding pairs remaining. Swift Parrots are a migratory species, who travel north from Tasmania during the cold winter season to feed on flowering gum trees.
A sapling exhibiting characteristics of Eucalyptus glaucina, a vulnerable species, was also noted on site, although it is potentially another species.
The rezoning of the land to 2(a) Residential does not in itself threaten the ecological value of the site, but establishes the principle of development which is predominantly residential in nature. Provisions of the Environmental Planning and Assessment Act, Threatened Species Act and other legislation will continue to guide the biodiversity assessment of the subject site. The development application process is considered to be an appropriate and suitable time to assess the impact of a proposal on the environment. This would include consideration of the details of the proposal including the location of buildings, management of vegetation and landscaping and ecological impacts. The applicant has agreed to undertake additional environmental investigations to support any development application.
There is an opportunity to retain many of the community planted trees along the current driveway to the college.
Heritage
The representations regarding the heritage concentrate on the change that would be created to the character of Morpeth and the level of protection that the site would be given following the expiration of the Conservation Management Plan in five (5) years.
The Heritage Council has assessed the proposal for the site, and approved the Conservation Management Plan (CMP). The CMP sets out a development set back and establishes the nature and level of significance of the buildings and certain other landscape elements. The policies within the CMP guide the type and scale of development and establish which items of interest should be retained and those which may be altered or removed.
The development setback is indicated by the south western boundary to the proposed 1(b) Secondary Rural zone. In addition a development boundary around Closebourne House, within the 1(b) zone is identified, which contains development within an area which is non-contributory to neither the setting of the heritage listed house nor the setting of the historic setting of Morpeth village.
It is considered that the CMP provides sufficient guidance for the current proposal preserves the setting of the heritage listed items, the village and makes provision for the retention of landscape features.
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Proposed Amendment of Maitland Environmental Plan 1993 - St Johns College and Conference Centre, Morpeth Road, Morpeth (Cont.) The five (5) year time span of the CMP (to 5 October 2010) will allow for the protection of the site’s assets during the development phase of the site and see the conservation, repair and maintenance of the heritage items. Beyond the CMP period the heritage items remain protected under the Heritage Act 1977 and any future proposals for the site or the buildings would be required to progress through the usual channels with development consent and approval from the Heritage Council, which was the case prior to the endorsement of the CMP.
Buffer to Raworth
The buffer to Raworth to the north of the development known as ‘Morpeth Manor’ was established to preserve the historic setting of the approach to Morpeth from Tank Street. This setback included a 10 metre wide vegetated buffer. The Conservation Management Plan takes this further by establishing a defined development set back, following an heritage assessment, which has been endorsed by the Heritage Council. Council’s City Wide Development Control chapter on Raworth does not have this endorsement, and may under certain appropriate circumstances be varied.
The buffer to Raworth should not be removed, and the applicant has indicated that this buffer will remain.
Traffic and access
The concerns raised centre on vehicular and pedestrian links to Raworth (‘Morpeth Manor’) and the creation of additional vehicular traffic and the ability of the road network to cope.
The site is currently in private ownership and the Anglican Church allows informal pedestrian access to the open areas of the site, enabling a shorter walk by some residents from Raworth to Morpeth facilities. This arrangement could be withdrawn at any time. The applicant does however propose that a significant area of the land shown as 1(b) on the draft LEP will be available to the public.
There are no proposals to create vehicular access to the adjacent areas of Raworth on the western and southern boundaries. The applicant intends to retain the pedestrian access with Lantry Close to the west, but there are no opportunities to link to developed areas to the south.
An assessment of the traffic generation from the site has been assessed. Approximately 1,300 vehicle movements per day will be generated. The assessment concludes that the capacity of the road network in the vicinity of the proposal is sufficient and that the third river crossing will reduce traffic in the locality. It also recommends that the 50kph speed limit be extended westward along Morpeth Road.
Augmentations to Morpeth Road to provide a right turn lane to the site entrance is also proposed by the applicant. Any development application would be subject to State Environment Planning Policy 11 – Traffic Generating Development and will likely require referral to the Regional and Local Traffic Advisory Committee.
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Proposed Amendment of Maitland Environmental Plan 1993 - St Johns College and Conference Centre, Morpeth Road, Morpeth (Cont.) Aged care
The concerns raised centre on the need for aged care, the appropriateness of Morpeth for aged care and whether consent will be gained from the Commonwealth for the high dependency care beds.
Maitland and NSW have an aging population; the number of low and high dependency care beds and facilities in Maitland are exceeded by demand. To date no application has been made to the Commonwealth for these beds, but a large number of places have been authorised in the region.
Zoning and future use
Concerns have been raised about the protection of the site for seniors living rather than housing, specifically medium density housing, which would be permissible in the 2(a) Residential zone. The draft LEP has been prepared based on the most appropriate land uses considering constraints. The 2(a) zone will permit a range of residential outcomes, subject to Council’s consent.
Another concern is that the zoning of the land 1(b) does not restrict major development from occurring. The subject land forms part of the Morpeth Heritage Conservation Area and is controlled under the CMP therefore development and the appropriate location of this will be limited.
Some submissions request the use of environmental protection zones across all or part of the site. The objectives of environmental protection zones are not consistent with the development outcomes permitted by the CMP and the potential opportunities of the site. The land will continue to remain in the Morpeth Heritage Conservation Area and the heritage items (Closebourne House and Morpeth House) will also require assessment under Council’s heritage LEP provisions.
Respondents are concerned that the 1(d) Rural Residential Zone will allow alternative uses include dual occupancy, which would dispense with the aims of the CMP to keep a soft edge to the development. The CMP policies will guide all future development on the site with a heritage agreement being required for each development application. The heritage agreement would be made prior to the decision on any application.
Utilities and facilities
Submissions were made to the effect that the existing services and facilities will not be able to cope with the development of the site. The applicant had already discussed this with Hunter Water Corporation with two (2) alternative schemes for upgrading the sewerage system possible, maintaining the existing service and providing sufficient provision for the development.
Adequate provision of electricity and telephone service can be maintained with the existing systems augmented at the cost of the developer as required.
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Proposed Amendment of Maitland Environmental Plan 1993 - St Johns College and Conference Centre, Morpeth Road, Morpeth (Cont.) The applicant intends to provide some local services on site, including medical facilities and there are opportunities for the existing facilities in the village to manage the additional customers and vary the type of services provided, particularly as several businesses are closed for part of the week as a result as tourist dependant trade.
Lack of detail
Submissions were made that a lack of detail supplied as part of the exhibition of the draft LEP. The exhibition included the draft LEP, zoning map and Conservation Management Plan, which due to the site’s historic nature was also exhibited. The CMP details the development set backs and policies for the conservation of the site overall.
The applicant also held two open sessions within the exhibition period, in which they independently exhibited their master plan for the site. This may perhaps have led to some confusion as to the appropriate level of detail that is required with a draft LEP, or that the exhibition was for a development application for the site. The applicant’s other reports on the site, were available for public inspection by appointment at Council’s Admin Building.
The appropriate level of detail was exhibited for the draft LEP, in accordance with legislative requirements and Council’s standard practice.
Council will make money from the rezoning
Council does not have an interest in the subject land and will not make money from the rezoning. Any contributions that are made for the upgrading of facilities in the locality will benefit the locality. Council controls the amount and way in which these contributions are made and spent through its Section 94 and 94A Contribution Plans, which are readily available for public scrutiny.
Department of Planning and Heritage Council of NSW
Department of Planning
The Department supported the principle of seniors living in this location, but did not support the use of the heritage clause on the existing 5(a) Special Uses zoning and preferred the use of appropriate zones tailored to the specific purposes proposed.
The draft LEP was amended to reflect this prior to the exhibition of the Plan.
Heritage Council of NSW
The Heritage Council commented that the policies within the endorsed CMP should continue to guide development, that the proposed 80 high dependency care facility within the Closebourne House precinct might create an unacceptable impact on the heritage and should be perhaps located elsewhere on the site, and that low intensity
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Proposed Amendment of Maitland Environmental Plan 1993 - St Johns College and Conference Centre, Morpeth Road, Morpeth (Cont.) development is maintained around Closebourne (this level of detail will be considered further with any development application). Additionally the Heritage Council state that any development applications will require a heritage agreement being entered into, prior to approval.
REPORT TO DEPARTMENT OF PLANNING
Should Council decide to progress with the draft LEP, a report will be submitted to the Department of Planning with a copy of all the submissions, the draft LEP and the CMP.
Council does not have any delegated authority for the draft LEP at this time.
The report will also contain a statement that the draft LEP has been prepared in accordance with the Environmental Planning and Assessment Act 1979 and directions issued by the Minister under Section 117 of the Act.
Clarification about the progression of this LEP prior to the citywide comprehensive plan is being sought from the Department of Planning, however this should not affect Council’s ability to consider the endorsement of the draft LEP.
CONCLUSION
This report details the public submissions received during the exhibition of the draft LEP for the proposed rezoning to allow the development of a seniors village, nursing home, rural residential lots and the conservation of the Heritage items on the site.
The main concerns raised from the submissions were matters relating to ecological and heritage impact of the proposals, which have been addressed in the body of the report.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council’s adopted budget or forward estimates.
POLICY IMPLICATIONS The draft LEP is consistent with Council’s strategies and policies.
STATUTORY IMPLICATIONS All statutory requirements of Part 3 of the Environmental Planning and Assessment Act 1979, for the preparation and exhibition of local environmental plans, have been complied with.
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Proposed Amendment of Maitland Environmental Plan 1993 - St Johns College and Conference Centre, Morpeth Road, Morpeth (Cont.)
Officers Reports
PROPOSED AMENDMENT OF MAITLAND ENVIRONMENTAL PLAN 1993 - ST JOHN’S COLLEGE AND CONFERENCE CENTRE, MORPETH ROAD, MORPETH
Draft LEP
Meeting Date: 24 July 2007
Attachment No : 1
Number of Pages : 3
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Officers Reports
PROPOSED AMENDMENT OF MAITLAND ENVIRONMENTAL PLAN 1993 - ST JOHN’S COLLEGE AND CONFERENCE CENTRE, MORPETH ROAD, MORPETH
Public Submissions
Meeting Date: 24 July 2007
Attachment No : 2
Number of Pages : 39
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Officers Reports
PROPOSED AMENDMENT OF MAITLAND ENVIRONMENTAL PLAN 1993 - ST JOHN’S COLLEGE AND CONFERENCE CENTRE, MORPETH ROAD, MORPETH
Department of Planning Correspondence
Meeting Date: 24 July 2007
Attachment No : 3
Number of Pages : 1
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Officers Reports
PROPOSED AMENDMENT OF MAITLAND ENVIRONMENTAL PLAN 1993 - ST JOHN’S COLLEGE AND CONFERENCE CENTRE, MORPETH ROAD, MORPETH
Heritage Council of NSW Correspondence
Meeting Date: 24 July 2007
Attachment No : 4
Number of Pages : 2
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Officers Reports
PROPOSED AMENDMENT OF MAITLAND ENVIRONMENTAL PLAN 1993 - ST JOHN’S COLLEGE AND CONFERENCE CENTRE, MORPETH ROAD, MORPETH
Correspondence from Providence Projects Pty Ltd
Meeting Date: 24 July 2007
Attachment No : 5
Number of Pages : 1
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9.2.5 GROUND CLOSURE POLICY
File No: 129/2
Responsible Officer: Lynn Morton Manager Community & Recreation Services
Author: Nathan Eveleigh Recreation Development Officer
EXECUTIVE SUMMARY After recent wet weather across the Maitland LGA there has been some confusion between Recreation Boards and local user groups of sporting facilities regarding the closure of sporting facilities across the city. This Policy has been drafted to address concerns raised and clarify the correct procedure to be followed during periods of wet weather.
OFFICER'S RECOMMENDATION THAT
1. Council adopt the attached draft Closure of Sporting Facilities Policy
2. Council distribute a copy of the adopted Closure of Sporting Facilities Policy to all Recreation Boards and all user groups using local sporting facilities
3. Council vote the sum of $2,800 required to supply and install ground closure signage to the remaining facilities without signage as outlined in the attached Policy as an addition to the 2007/2008 management plan.
REPORT Recreation Boards are appointed in accordance with the provisions of Section 355 and given delegation under Section 377 of the Local Government Act, 1993.
Recreation Boards are appointed by council to assist in the care, control, and management of council’s sportsgrounds, parks and reserves.
Membership of a Recreation Board is a voluntary position and council recognises each Recreation Board and their members as valuable partners in the management of sportsgrounds.
In recent weeks, there has been some confusion by local user groups as to the procedure for closing and re-opening grounds and who has authority to make this decision. The attached Policy will address these issues for all parties for future periods of wet weather.
Page 175 ORDINARY MEETING AGENDA 24 JULY, 2007
GROUND CLOSURE POLICY (Cont.) FINANCIAL IMPLICATIONS That Council vote the sum of $2,800 required to supply and install signage as outlined in the attached proposal as an addition to the 2007/2008 Management Plan.
POLICY IMPLICATIONS This matter is recommending the establishment of a new policy for the Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 176 ORDINARY MEETING AGENDA 24 JULY, 2007
GROUND CLOSURE POLICY (Cont.)
Officers Reports
GROUND CLOSURE POLICY
Closure of Sporting Facilities Policy
Meeting Date: 24 July 2007
Attachment No : 1
Number of Pages : 2
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GROUND CLOSURE POLICY (Cont.)
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GROUND CLOSURE POLICY (Cont.)
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9.2.6 RESERVE NAMING PROPOSAL - MAITLAND SPORTSGROUND PRECINCT
File No: P29861
Attachment: Paul Critchley Athletic Centre Proposal
Responsible Officer: Lynn Morton Manager Community & Recreation Services
Author: Nathan Eveleigh Recreation Development Officer
EXECUTIVE SUMMARY Maitland City Council received an application to name two (2) reserves within the Maitland Sportsground Precinct as the” Paul Critchley Athletic Centre”, in recognition of the contribution that Paul Critchley has made to the Maitland Community. The Maitland Senior and Little Athletic Club Inc are proposing that No. 2 Sportsground and Smyth Field retain their individual names but collectively be named and appropriately signposted as the “Paul Critchley Athletic Centre”.
The application has been advertised and publicly exhibited in accordance with Council’s ‘Naming and Renaming Reserves’ Policy. No submissions were received by Council and this report recommends approval of the proposed reserve names.
OFFICER'S RECOMMENDATION THAT:
1. Council approve the naming of the Paul Critchley Athletic Centre within Maitland Sportsground Precinct as outlined in the report
2. Council vote the sum of $1,000 required to supply and install signage as outlined in the attached proposal as an addition to the 2007/2008 Management Plan.
REPORT In recognition of the contribution that Paul Critchley made to the Maitland community over 25 years through his encouragement of athletics, the Maitland Senior and Little Athletic Club Inc. is proposing that the No. 2 Sportsground and Smyth Field retain their individual names, but collectively be named as the:
Paul Critchley Athletic Centre
The application was publicly advertised in the Maitland Mercury and the application and the documents accompanying the application were available for inspection at Council’s Customer Service Centre. No submissions were received by Council with regard to the reserve naming proposal. Therefore, it is recommended that Council
Page 180 ORDINARY MEETING AGENDA 24 JULY, 2007
RESERVE NAMING PROPOSAL - MAITLAND SPORTSGROUND PRECINCT (Cont.) approves the naming proposal subject to Council approval of the signage to be installed in the public open space.
FINANCIAL IMPLICATIONS That Council vote the sum of $1,000 required to supply and install signage as outlined in the attached proposal as an addition to the 2007/2008 Management Plan.
POLICY IMPLICATIONS This matter has no specific policy implications for Council
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 181 ORDINARY MEETING AGENDA 24 JULY, 2007
RESERVE NAMING PROPOSAL - MAITLAND SPORTSGROUND PRECINCT (Cont.)
Officers Reports
RESERVE NAMING PROPOSAL - MAITLAND SPORTSGROUND PRECINCT
Paul Critchley Athletic Centre Proposal
Meeting Date: 24 July 2007
Attachment No : 1
Number of Pages : 3
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RESERVE NAMING PROPOSAL - MAITLAND SPORTSGROUND PRECINCT (Cont.) MAITLAND SENIOR AND LITTLE ATHLETIC CLUB INC.
The Secretary Maitland Athletic Club 1 Pitcairn Street Ashtonfield 2323 Phone 0401 056708 11th February 2007
Luke Erskine Recreation Planner Maitland City Council,
Thankyou for your email dated 4th January regarding the clarification of the preferred name for the proposed renaming of Smyth Field and No 2 Sportsground. In recognition of the contribution that Paul Critchley our late President has made to the Maitland Community through his encouragement of Athletics, we are proposing that No. 2 Sportsground and Smyth Field retain their individual names but collectively be named and appropriately signposted as the “Paul Critchley Athletic Centre”. Please see the accompanying suggested sign and the previously submitted aerial photograph that indicates the possible location of the proposed sign. Consideration has been given to the possible future enlargement of the track and the installation of the bike track. We believe that this would be a fitting tribute to a man that gave so much of his time and energy to nurture and encourage the love of Athletics in the Maitland Community. To try and confine what Paul has contributed to the sport in words will not describe adequately the impact he has made on our Community; nevertheless I shall endeavour to do so. In the late 70’s Paul and his family moved to Maitland and it was then that Paul started his long and intimate association with Maitland Athletics Club. Paul has been a vital member of our Club’s Organising Committee during his long association. He has held numerous positions including being our President for at least ten of those years. For over 25 years Paul has been coaching local athletes at Smyth Field, four days per week, fifty-two weeks per year, in both track and field events. Paul has coached athletes of all ages and abilities, from the athlete that only wanted to run for fitness to athletes that have become Australian Champions. What made Paul different to most coaches was that he took a genuine interest in each and every one of his athletes, not just the high achievers and not just the athletes that were affiliated with the Club. Athletes travelled from as far as Singleton to be a part of Paul’s squad.
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RESERVE NAMING PROPOSAL - MAITLAND SPORTSGROUND PRECINCT (Cont.) Paul’s dedication and commitment went beyond the four sessions per week. He often supported his athletes by accompanying them to Championships which meant travelling to Sydney frequently and often to National Championships that meant travelling interstate, all this at his own expense. Not only was he the respected President and the ultimate Coach, he was also the groundsman for Smyth Field and No. 2 Sportsground. Paul would spend literally hours every week mowing, watering, marking and maintaining the two fields. Paul’s contribution to the local community through his involvement in athletics is beyond comprehension. He did everything that is described in this letter expecting nothing in return. As far as the history of Smyth Field is concerned, I have been informed by our Dennis Soper who is a Life Member of the Club that in approximately 1960, Dennis arrived at Smyth Field to carry out some ground maintenance to find workers commencing the construction of a concrete cricket pitch in the centre of the athletic track. Dennis apparently went to the then Lord Mayor Bill Harvey to find out what was going on. This enquiry from Dennis prompted Bill Harvey to investigate the history of Smyth Field. Bill Harvey’s research determined that a Mr Smyth had donated the land and one of the conditions of his donation was that the land was only to be used as an athletic ground. Subsequently the cricket pitch was never constructed and Smyth Field has remained an athletic track. I hope this information gives you a guide as to where to locate the necessary information on the history of Smyth Field for Council to make a decision with the facts at hand. It is out of the deepest respect and gratitude for what Paul has done for our Club and Community that we believe Smyth Field and No. 2 Sportsground should be appropriately named the “Paul Critchley Athletic Centre.” We also request that the Club be considered and consulted in any future plans/renaming of the Smyth Field and No 2 Sportsground precinct.
Yours in Sport
David Guy Secretary
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RESERVE NAMING PROPOSAL - MAITLAND SPORTSGROUND PRECINCT (Cont.)
PAUL CRITCHLEY ATHLETIC
CENTRE
SMYTH FIELD
NO 2 SPORTSGROUND
The sign could be located adjacent to the access gate to Smyth Field on the left hand side of the road that leaves High Street opposite the Shell Service Station.
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9.2.7 RESERVE NAMING PROPOSAL - ASHTONFIELD
File No: P36586
Attachments: Correspondence from East Maitland Schoolboys Rugby League Football Club Inc.
Responsible Officer: Lynn Morton Manager Community & Recreation Services
Author: Nathan Eveleigh Recreation Development Officer
EXECUTIVE SUMMARY Maitland City Council received an application to name the Shamrock Hill reserve in Ashtonfield. The application has been advertised and publicly exhibited in accordance with Council’s ‘Naming and Renaming Reserves’ Policy. No submissions were received by Council and this report recommends approval of the proposed reserve names.
OFFICER'S RECOMMENDATION THAT:
1. Council approve the naming of the recreation facility in Ashtonfield as the Shamrock Hill Sporting Fields as outlined in the report.
2. Council vote the sum of $1,000 required to supply and install signage as outlined in the attached proposal as an addition to the 2007/2008 Management Plan.
REPORT At the time of development, the subdivision was named Shamrock Hill. The sporting fields were also referred to as Shamrock Hill but have not been officially recognised.
There has been some confusion by visiting clubs of the exact location of the facility due to a lack of adequate directional signage and recognition in appropriate street directories.
The East Maitland Schoolboys Rugby League Football Club would like to name this community land in Ashtonfield in accordance with the following:
Shamrock Hill Sporting Fields
The application was publicly advertised in the Maitland Mercury and the application and the documents accompanying the application were available for inspection at
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RESERVE NAMING PROPOSAL - ASHTONFIELD (Cont.) Council’s Customer Service Centre. No submissions were received by Council with regard to the reserve naming proposal. Therefore, it is recommended that Council approves the naming proposal and appropriate directional signage and reserve name signage be installed accordingly.
FINANCIAL IMPLICATIONS That Council vote the sum of $1,000 required to supply and install signage as outlined in the attached proposal as an addition to the 2007/2008 Management Plan.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
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RESERVE NAMING PROPOSAL - ASHTONFIELD (Cont.)
Officers Reports
RESERVE NAMING PROPOSAL - ASHTONFIELD
Correspondence from East Maitland Schoolboys Rugby League Football Club Inc.
Meeting Date: 24 July 2007
Attachment No : 1
Number of Pages : 1
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RESERVE NAMING PROPOSAL - ASHTONFIELD (Cont.)
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9.2.8 MAITLAND COMMUNITY SOCIAL PLAN
File No: 29/25
Responsible Officer: Lynn Morton Manager Community and Recreation Services
Author: Nicole Bennett Co ordinator Community Planning
EXECUTIVE SUMMARY Social planning is an important component in Council’s planning processes for its community.
Council’s Community Planning team, Community and Recreation Services, will commence a planning process in August 2007 to inform Council’s integrated planning processes.
The process will produce a social planning tool to be known as the “Maitland Social Compass” and will be accessible to the community.
The planning process will include community and Councillor participation.
OFFICER'S RECOMMENDATION THAT
1) The information in this report be noted
2) Council nominate 2 Councillors to be members of the Social Planning Steering Group.
REPORT BACKGROUND INFORMATION
The Local Government (General) Amendment (Community and Social Plans) Regulation 1999 requires that all NSW Councils produce a Social/Community Plan based on the principles of social justice and ecological development.
The specific legislated requirements in a Social Plan include:
(i) Demographic data which shows the social/community composition of the people in the local government area.
(ii) A Human Needs Assessment which examines the wellbeing of the people of the area and the unmet needs of the community across a range of priority areas relevant for that area.
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Maitland Community Social Plan (Cont.) (iii) Identified target groups within the community and an assessment of their needs. The mandatory target groups are: • Children (aged 0-11 years) • Young people (aged 12 to 24 years) • Older people • People with a disability • Women • Aboriginal and Torres Strait Islander people (ATSI) • People from Culturally and Linguistically Diverse Backgrounds (CALD)
The Maitland Community Social Plan will also include other groups such as men, families, mental health, carers, infill and new developments.
The plan will also recognize that these groups are not homogenous and that people may belong to more than one target group.
(iv) A participatory process incorporating the views of service providers, interested citizens and community residents including members of the relevant target groups, and Council staff across the range of its functions.
(iv) A list of recommended actions
The completion of a Community Social Planning cycle is reported every 5 years to the NSW Department of Local Government along with an annual report by Council to the Department on access and equity activities undertaken.
It is important to note that whilst the above is the current legislated requirements, these are currently being reviewed by the Department of Local Government as part of an Options Paper “Planning a Sustainable Future- Integrated Planning and Reporting for NSW Local Councils November 2006”. In particular Options 3 outlines how Councils can streamline planning and reporting processes. The Community Strategic Plan would include four mandatory ”themes”: Social; Environmental; Economic; and Governance, where Councils would still be expected to undertake social planning and monitoring.
KEY POINTS/MECHANISMS FOR THE SOCIAL PLANNING
1. A marketable concept for the name of the planning and the community profile. To be known as “Maitland Social Compass”, Growth and strength in the right direction”
2. The Community and Recreation Services Division to have lead role and responsibility for the social planning. This will include: Organization of meetings Compilation of community profile and social atlases Production of planning documents e.g. minutes, reports, plan, groups’ planning toolkits,
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Maitland Community Social Plan (Cont.) Organisation of community forums and community consultation
3. Establishment of a Steering Group to provide a reference and advisory role for the social planning. The membership to comprise of Council staff, community and service/agency representatives and two (2) Councillors.
COMMUNITY PARTICIPATION
The involvement of the community is an important component as there are benefits of community participation in clarifying the nature of social issues as well as ownership and sharing of resources in addressing the issues.
Community participation in the process will include: Steering Group membership Focus groups for discrete/ target populations Community feedback sheets Community Forums for issues and priorities and feedback on plan Working parties (interagency groups) to develop strategies Public Exhibition of plan
ROLE OF COUNCILLORS
Councillors are invited to take an active role in the social planning. Specifically, involvement and support from Councillors is encouraged throughout the consultation phase, membership within the Steering Group(i.e. 2 nominated Councillors), working groups and reporting and approval phases as well as promotion.
SUMMARY OF PLANNING OUTCOMES
• “Maitland Social Compass” A database containing information on localities, population groups, issues, priorities, strategies and services within the Maitland LGA and would be a tool for all in the community to access.
Specifically, the database would be available for community members and other Services and agencies to use for their planning, grant applications as well as research enquiries from institutions and the education sector.
• Updated Maitland City Community Social Plan and associated Sub plans: Maitland City Community Safety Plan Maitland City Youth Plan Maitland City Ageing Population Strategy Maitland City Disability Plan To note that these will inform the “social chapter” of a Council Community Strategic Plan as proposed in Integrated Planning by the Department of Local Government.
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Maitland Community Social Plan (Cont.) • A detailed up to date community profile and social atlas.
• A Community Portal / Directory for Community services and groups.
• Partnerships and links made within Council.
• Partnerships and links made with the community
• A clear framework and indicators for all within the community to monitor outcomes of community social planning.
• The role of Council clearly defined in the provision of community services, facilities and community development in Maitland as well as the role of other agencies and the wider community.
FINANCIAL IMPLICATIONS The social planning will be funded from within the existing Community and Recreation Services budget.
POLICY IMPLICATIONS The social planning will inform Council’s Integrated Planning processes.
A Social Plan will be reported to the NSW Department of Local Government along with an annual report by Council to the Department on access and equity activities undertaken as per current legislative requirements.
STATUTORY IMPLICATIONS The development of the Community Social Plan will ensure Maitland City Council meets its current obligations under the Local Government (General) Regulation 1999.
Page 193 ORDINARY MEETING AGENDA 24 JULY, 2007
9.2.9 SCHOOLS DAY OUT EVENT
File No: 27/2
Responsible Officer: Lynn Morton Manager Community and Recreation Services
Author: Kristen Swan Community Planner Safety and Youth
EXECUTIVE SUMMARY Heritage Motor Group wishes to host a youth event to provide an opportunity for young people to showcase their talent and generate a sense of awareness for service providers for young people in the Maitland local government area.
OFFICER'S RECOMMENDATION THAT
1. That the information in this report be noted.
2. The sum of $5,000 be drawn from Council’s Marketing and Business Support budget 2007/08 and used as contribution towards the staging of the Schools Day Out 2007 event.
REPORT Heritage Motor Group’s General Manager, Mr Peter Wakeman has approached Council seeking support and direction for the running of a youth event to be held at Maitland Sports Ground on Sunday August 5th, 2007. This event titled Schools Day Out, is in its second year of running, having previously been held in July 2006. Schools Day Out will run between 10.00am – 4.00pm.
An organising steering committee has been established and is made up of representatives from Heritage Holden, Council staff, Samaritans Youth Services, Lower Hunter Vocational Education Partnership, Police and students from High Schools from across the local government area.
Heritage Motor Group, in conjunction with local sponsors will support the event. Council has been approached to contribute $5,000 towards the event as well as the support of Council staff to assist in the planning and implementation of the event. Planning meetings have already been held for the event, with Council representatives attending and offering advice on logistical information.
The event will target young people at school in years 7-12, and will provide opportunities for students to showcase their talents through performance. Acts on the day include dance, music, short stories, drama and art displays. Auditions will be held in schools leading up to the event to determine performers for the day.
Page 194 ORDINARY MEETING AGENDA 24 JULY, 2007
Schools Day Out Event (Cont.)
Approximately 2,500 young people are expected to attend the event from high schools across the lower Hunter. Local youth service providers will be in attendance on the day to promote their service, to raise awareness and to answer any questions.
A risk assessment audit has been conducted with the involvement of local police. A strong security and police presence on the day is also proposed. The tickets will be strictly limited to young people that attend school.
The event provides an excellent opportunity for young people of Maitland to attend a youth event that has a focus on fun, is filled with music and entertainment and is in a drug and alcohol free supported environment that invites local services to raise awareness of what they can do for young people to support them in their early life stages.
FINANCIAL IMPLICATIONS A contribution of $5,000 is proposed with sufficient funds available in Council’s Marketing and Business Support 2007/08 budget to offset this expenditure.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 195 ORDINARY MEETING AGENDA 24 JULY, 2007
9.2.10 FRIENDS OF MAITLAND CITY LIBRARY EXECUTIVE COMMITTEE NOMINATIONS
File No: 86/20
Attachments: Friends of Maitland City Library Constitution
Responsible Officer: Lynn Morton Manager Community and Recreation Services
Author: Keryl Collard City Librarian
EXECUTIVE SUMMARY At the Ordinary Meeting of 27 March 2007, Council resolved to appoint the Friends of Maitland City Library as a delegated committee under Section 355 of the Local Government Act 1993.
The purpose of this report is to seek endorsement of the nominations received for membership of the Friends of Maitland City Library Committee Executive and to seek approval to amend the Committee’s constitution to accommodate the nominations.
OFFICER'S RECOMMENDATION THAT:
1. Nominations from the following citizens for membership of the Friends of Maitland City Library Executive Committee be endorsed: Nanoya Barrett, Lorraine Beveridge, John Brown, Sue Brown, Leone Clifton, Keith Cockburn and Barbara Gow.
2. The adopted constitution of the Friends of Maitland City Library, Section 5, Item (iii) be amended to include up to 10 nominated members in the Committee’s Executive.
REPORT The appointment of the Friends of Maitland City Library as a 355 Committee was approved by Council at its Ordinary Meeting on 27 March 2007, including the adoption of a constitution to guide the operations of the Committee.
Expressions of interest were sought from individuals with an interest in supporting and promoting library services within the Maitland community. Advertisements were placed in the Council section of the Maitland Mercury and notices were displayed in all Maitland City Library branches.
Page 196 ORDINARY MEETING AGENDA 24 JULY, 2007
Friends of Maitland City Library Executive Committee Nominations (Cont.) Submissions were received from seven individuals, who met the criteria for selection, including: • Residency in the Maitland local government area; • Current membership of Maitland City Library; • Demonstrated interest in the role of public libraries in the community; • Capability to support and promote the use of Maitland City Library branches; and • Availability for meetings on a monthly or bi-monthly basis.
The following individuals are recommended for nomination to the Friends of Maitland City Library Executive Committee (in alphabetical order):
Barrett, Nanoya Beveridge, Lorraine Brown, John Brown, Sue Clifton, Leone Cockburn, Keith Gow, Barbara
The adopted constitution of the Friends of Maitland City Library, Section 5, Item (iii) states that:
Membership of the Executive shall comprise: a) One (1) Councillor of Maitland City Council b) The General Manager of Maitland City Council or his nominee c) Up to five (5) nominated members of Friends of Maitland City Library
It is recommended that the constitution be amended to include up to ten (10) nominated members. A copy of the amended constitution is attached.
BACKGROUND The Friends of Maitland City Library represent library users and undertake activities appropriate to their interests. Their primary objective is to encourage the use of library services and facilities by the community. In carrying out this objective, the Friends of Maitland City Library:
• Act in a public relations role through contributing to the organisation of cultural, educational, heritage or leisure activities for the community; • Act as advocates for the Library through encouraging an appreciation of the social, democratic and educational importance of public libraries; • Raise funds to support specific projects, as requested by the City Librarian; and • Form partnerships with other community organisations to develop the Library as a community hub.
FINANCIAL IMPLICATIONS This matter has no direct financial impact on Council’s adopted or forward estimates.
Page 197 ORDINARY MEETING AGENDA 24 JULY, 2007
Friends of Maitland City Library Executive Committee Nominations (Cont.) POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS This matter has no specific statutory implications for Council.
Page 198 ORDINARY MEETING AGENDA 24 JULY, 2007
Friends of Maitland City Library Executive Committee Nominations (Cont.)
Officers Reports
Friends of Maitland City Library Constitution
Friends of Maitland City Library Constitution
Meeting Date: 24 July 2007
Attachment No : 1
Number of Pages : 7
Page 199 ORDINARY MEETING AGENDA 24 JULY, 2007
Friends of Maitland City Library Executive Committee Nominations (Cont.)
Page 200 ORDINARY MEETING AGENDA 24 JULY, 2007
Friends of Maitland City Library Executive Committee Nominations (Cont.)
Page 201 ORDINARY MEETING AGENDA 24 JULY, 2007
Friends of Maitland City Library Executive Committee Nominations (Cont.)
Page 202 ORDINARY MEETING AGENDA 24 JULY, 2007
Friends of Maitland City Library Executive Committee Nominations (Cont.)
Page 203 ORDINARY MEETING AGENDA 24 JULY, 2007
Friends of Maitland City Library Executive Committee Nominations (Cont.)
Page 204 ORDINARY MEETING AGENDA 24 JULY, 2007
Friends of Maitland City Library Executive Committee Nominations (Cont.)
Page 205 ORDINARY MEETING AGENDA 24 JULY, 2007
Friends of Maitland City Library Executive Committee Nominations (Cont.)
Page 206 ORDINARY MEETING AGENDA 24 JULY, 2007
9.3 ASSETS AND INFRASTRUCTURE PLANNING
9.3.1 ROAD WIDENING, PATERSON ROAD, BOLWARRA
File No: 222/451, P.28423
Attachments: Locality Plan
Responsible Officer: Chris James Group Manager, Assets & Infrastructure Planning
Author: Alex Rush Design Engineer
EXECUTIVE SUMMARY Paterson Road between Melrose Street and Ekert Lane is to be reconstructed and widened as part of Councils capital works program. To complete these works land acquisition is required. This report identifies the parcel affected and seeks Council approval to acquire land for the purpose of road widening.
OFFICER'S RECOMMENDATION THAT:
1. Council pay $21,462.50 as compensation for the acquisition of approximately 8500m2 of land from Part 37 of Conveyance No. 904 in Book 3194 (Liddesdale Estate) subject to the final plan of survey;
2. Council pay all costs for the removal and replacement of fencing;
3. Council pay all legal, survey, and valuation costs which were reasonably required to complete the acquisition;
REPORT Paterson Road between Melrose Street and Ekert Lane is to be reconstructed and widened as part of Council’s capital works program for the 2006-2007 financial year. Approval to undertake the proposed works over and adjacent to the levee together with utility relocation have now been finalised. Prior to construction commencing, permission to enter upon adjoining land and acquisition of adjoining property is required. Approximately 8500m2 of land adjoining Paterson Road is proposed to be acquired to complete the scheduled works and possible future upgrades to the intersection of Paterson Road and Melrose Street and is shown in Attached Locality Map.
Tew Valuation Services were instructed by Council to prepare a valuation report for the acquisition. The land value nominated within this report was $25,250 per hectare. The amount of compensation for 8500m2 would therefore be $21,462.50. This
Page 207 ORDINARY MEETING AGENDA 24 JULY, 2007
ROAD WIDENING, PATERSON ROAD, BOLWARRA (Cont.) amount would be subject to the final plan of survey and is acceptable to the affected land holder and considered reasonable.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 208 ORDINARY MEETING AGENDA 24 JULY, 2007
ROAD WIDENING, PATERSON ROAD, BOLWARRA (Cont.)
Officers Reports
ROAD WIDENING, PATERSON ROAD, BOLWARRA
Locality Plan
Meeting Date: 24 July 2007
Attachment No : 1
Number of Pages : 1
Page 209 ORDINARY MEETING AGENDA 24 JULY, 2007
ROAD WIDENING, PATERSON ROAD, BOLWARRA (Cont.)
Page 210 ORDINARY MEETING AGENDA 24 JULY, 2007
9.3.2 MINUTES OF LOCAL TRAFFIC COMMITTEE 5 JULY 2007
File No: 140/5
Attachments: Minutes
Responsible Officer: Chris James Group Manager Assets
Author: Ken Splatt Traffic Officer
EXECUTIVE SUMMARY Draft minutes of Maitland City Council’s Local Traffic Committee meeting held Thursday 5 July 2007 are attached for Council’s information. These draft minutes will be adopted at the next Local Traffic Committee meeting to be held Thursday 2 August 2007.
OFFICER'S RECOMMENDATION THAT the information contained in this report be noted.
REPORT The draft minutes of Maitland City Council’s Local Traffic Committee meeting held Thursday 5 July 2007 are attached for Council’s information. These draft minutes will be adopted at the next Local Traffic Committee meeting to be held Thursday 2 August 2007.
Page 211 ORDINARY MEETING AGENDA 24 JULY, 2007
MINUTES OF LOCAL TRAFFIC COMMITTEE 5 JULY 2007 (Cont.)
Officers Reports
MINUTES OF LOCAL TRAFFIC COMMITTEE MEETING 5 JULY 2007
Minutes
Meeting Date: 24 July 2007
Attachment No : 1
Number of Pages : 9
Page 212 ORDINARY MEETING AGENDA 24 JULY, 2007
MINUTES OF LOCAL TRAFFIC COMMITTEE 5 JULY 2007 (Cont.)
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MINUTES OF LOCAL TRAFFIC COMMITTEE 5 JULY 2007 (Cont.)
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MINUTES OF LOCAL TRAFFIC COMMITTEE 5 JULY 2007 (Cont.)
Page 215 ORDINARY MEETING AGENDA 24 JULY, 2007
MINUTES OF LOCAL TRAFFIC COMMITTEE 5 JULY 2007 (Cont.)
Page 216 ORDINARY MEETING AGENDA 24 JULY, 2007
MINUTES OF LOCAL TRAFFIC COMMITTEE 5 JULY 2007 (Cont.)
Page 217 ORDINARY MEETING AGENDA 24 JULY, 2007
MINUTES OF LOCAL TRAFFIC COMMITTEE 5 JULY 2007 (Cont.)
Page 218 ORDINARY MEETING AGENDA 24 JULY, 2007
MINUTES OF LOCAL TRAFFIC COMMITTEE 5 JULY 2007 (Cont.)
Page 219 ORDINARY MEETING AGENDA 24 JULY, 2007
MINUTES OF LOCAL TRAFFIC COMMITTEE 5 JULY 2007 (Cont.)
Page 220 ORDINARY MEETING AGENDA 24 JULY, 2007
MINUTES OF LOCAL TRAFFIC COMMITTEE 5 JULY 2007 (Cont.)
Page 221 ORDINARY MEETING AGENDA 24 JULY, 2007
9.4 FINANCE AND ADMINISTRATION
9.4.1 STATEMENT OF INVESTMENTS AS AT 30 JUNE 2007
File No: 82/2
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Kristy Bragg Compliance Accountant
EXECUTIVE SUMMARY The Local Government (General) Regulation 2005, Section 212 requires Council to report its investments.
OFFICER'S RECOMMENDATION THAT the report be received and noted.
REPORT Inv. Institution Int. Last Current Final See Amount Current No. Rate Coupon Reset Coupon Maturity Note $ (Standard & Reset Days Reset Date No. Poor’s Rating) Date Date 1225 Perpetual 5.37% N/A N/A When N/A 1 & 2 2,561,947.38 Credit Income required Fund (Rating A(f)) 1226 Merrill Lynch 5.55% N/A N/A When N/A 1 & 2 4,703,410.55 Diversified required Fund (Rating A(f)) 1227 Aberdeen 5.60% N/A N/A When N/A 1 & 2 3,949,573.57 Income Fund required (Rating A(f)) 1159p Savings & 9.21% 12/06/07 92 12/09/07 12/03/08 3 & 6 1,509,886.00 Loans Credit Union (Not Rated)
Page 222 ORDINARY MEETING AGENDA 24 JULY, 2007
STATEMENT OF INVESTMENTS AS AT 30 JUNE 2007 (Cont.) Inv. Institution Int. Last Current Final See Amount Current No. Rate Coupon Reset Coupon Maturity Note $ (Standard & Reset Days Reset Date No. Poor’s Rating) Date Date 1131p Holiday Coast 9.78% 16/04/07 91 16/07/07 17/04/08 3 & 6 502,875.00 Credit Union (Not Rated) 1136o Australian 8.73% 30/04/07 92 31/07/07 31/07/08 3 & 6 1,006,007.00 Central Credit Union Ltd (Not Rated) 1177n Maitland Mutual 7.46% 11/06/07 92 11/09/07 31/12/07 3 & 6 2,000,000.00 Building Society (Not Rated) 1178n Wide Bay 8.06% 15/06/07 94 17/09/07 15/12/08 3 & 6 500,000.00 Australia Credit Union (Not Rated) 1180m Northern Inland 9.67% 25/06/07 91 24/09/07 23/12/08 3 & 6 500,000.00 Credit Union (Not Rated) 1192m Balmoral 7.65% 04/06/07 92 04/09/07 04/03/09 3 1,500,000.00 (Rating AA) 1220j Greater 8.16% 28/05/07 91 27/08/07 27/11/08 3 & 6 1,011,504.00 Building Society (Not Rated) 1229i Select Access 7.27% 14/06/07 92 14/09/07 14/12/10 3 500,000.00 – Titanium Series 2004-18 (Rating AAA) 1230h Generator 8.50% 10/04/07 90 09/07/07 08/10/11 3 1,000,000.00 Income Note (Rating AAA) 1239h Flinders 7.91% 20/06/07 92 20/09/07 20/03/09 3 1,500,000.00 (Rating AA) 1241h Credit Suisse 2.00% 19/06/07 92 19/09/07 20/09/10 4 1,319,500.00 First Boston – Property Linked Note (A+)
Page 223 ORDINARY MEETING AGENDA 24 JULY, 2007
STATEMENT OF INVESTMENTS AS AT 30 JUNE 2007 (Cont.) Inv. Institution Int. Last Current Final See Amount Current No. Rate Coupon Reset Coupon Maturity Note $ (Standard & Reset Days Reset Date No. Poor’s Rating) Date Date 1244f Elders Rural 7.96% 29/05/07 92 29/08/07 28/08/08 3 505,775.00 Bank (Rating BBB-) 1242f Maitland Mutual 6.61% 30/05/07 91 29/08/07 29/08/07 5 & 6 1,000,000.00 Building Society (Not Rated) 1246e Maitland Mutual 6.58% 02/05/07 92 02/08/07 02/08/07 5 & 6 400,000.00 Building Society (Not Rated) 1247a Aramis CDO 7.45% 20/06/07 92 20/09/07 20/03/12 3 500,523.50 (Rating AA) 1248a Caylon Nickel L 7.44% 29/06/07 91 28/09/07 30/06/12 3 500,000.00 CDO (Rating AA-) On-Call Commonwealth 6.20% N/A N/A When N/A 2 3,027,000.00 Cash Deposit Required Account (Rating AA-) TOTAL 29,998,002.00 Notes: 1. Investments held by Funds Managers. As investments are managed on a daily basis, interest rates have been calculated on a % per annum. 2. These funds are not held on a fixed term. The funds are redeemed as and when required. 3. The interest rate shown applies for the period ending on the current coupon reset date. The interest rate will then reset for the next term based on current BBSW (Bank Bill Swap Rate). These investments can be sold within 3 days at prevailing market prices. The market price can fluctuate on the face value of the investment. 4. This investment is linked to property indexes requiring it to be held to maturity to realise full potential future earnings. The investment has a fixed coupon of 2% per annum plus growth in property indexes. Under AIFRS this investment is required to be held at market value. As a result valuation will vary from month to month. Original amount invested was $1,000,000. 5. Term deposit required to be held to maturity. 6. Building Societies and Credit Unions are not rated by Standard & Poor’s, which is in accordance with the order of the Minister regarding investments for the purpose of Section 625 (2) of the Local Government Act 1993.
As a Comparison:
Investments held at the end of last month (ie. 31/05/07) were $31,451,755.36
Investments held this time last year (ie. 30/06/06) were $26,419,783.80
Page 224 ORDINARY MEETING AGENDA 24 JULY, 2007
STATEMENT OF INVESTMENTS AS AT 30 JUNE 2007 (Cont.) FINANCIAL IMPLICATIONS This matter has no direct financial implications upon Council’s adopted or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS The above sums have been invested in accordance with: • Section 625 of the Local Government Act 1993. • The regulations pertaining to the Local Government Act 1993. • Council’s Investment Policies
Page 225 ORDINARY MEETING AGENDA 24 JULY, 2007
9.4.2 REQUEST FOR FINANCIAL ASSISTANCE - BANKSTOWN COUNCIL
File No: 91/1
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Graeme Tolhurst Group Manager Finance & Administration
EXECUTIVE SUMMARY A request has been received from the Local Government Association of NSW for a contribution to a legal case that Bankstown City Council were involved in which culminated in action in the High Court. The facts of the legal case are set out in the report but the Council incurred the sum of $1,534,242 in pursuing the legal appeal. The Association has used the normal formula for Maitland City Council’s proportion and it has been ascertained as being $11,470.26. Given the large amount and Council not having a budget for this expenditure, it is recommended that Council contribute $5,000 and this be an addition to the Management Plan.
OFFICER'S RECOMMENDATION THAT
1. Council contribute $5,000 to the Local Government Association of NSW for legal costs for Bankstown City Council.
2. This amount be an addition to the Management Plan.
REPORT A request has been received from the Local Government Association of NSW for contribution to a legal case that Bankstown City Council were involved in which culminated in action in the High Court. The facts of the matter are:
1. Alamdo Holdings are the owners of land within the Bankstown City Council area. 2. Alamdo’s property was flooded as a result of water overflowing from an unlined storm water channel belonging to the council. 3. The Supreme Court granted a prohibitory injunction that required the council not to continue nuisance and abate the flooding 4. The Supreme Court also granted a mandatory injunction ordering that remediation work commence on the stormwater channel. 5. The matter was appealed to the Court of Appeal which upheld that even though the Council had acted in good faith, it could not rely on the protection of Section 733 of the Local Government Act, 1993 “Exemption from liability- flood liable land and land in coastal zone” as an exemption to liability by
Page 226 ORDINARY MEETING AGENDA 24 JULY, 2007
REQUEST FOR FINANCIAL ASSISTANCE - BANKSTOWN COUNCIL (Cont.) Section 733 relates to “anything done or omitted to be done” and does not literally extend to something “intended to be done”. 6. Bankstown Council sought leave to appeal to the High Court. The High Court asked the council to give an undertaking to agree to bear the costs of the appeal as council were attempting to obtain a proper interpretation of Section 733 of the Local Government Act and therefore set a precedent not only for Bankstown Council but all councils and that Alamdo should not be liable for such costs. 7. Bankstown Council agreed to this request from the High court and leave to appeal was granted. 8. Bankstown City Council were successful in overturning the decision of the Court of Appeal and the protection afforded by Section 733 of the Local Government Act for “anything done or omitted to be done” has been affirmed by the High Court.
The Associations agreed that the matter was of great importance to all councils and should be appealed because if the decision was allowed to stand it would allow other land owners in similar circumstances to make claims against councils for alleged damage to property where the council in question would otherwise be protected by Section 733 of the Local Government Act.
Given the amount of $11,470.26 and the importance of this legal case Council contribute $5,000 to the legal case.
FINANCIAL IMPLICATIONS The payment of $5,000 will be an addition to the Management Plan.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 227 ORDINARY MEETING AGENDA 24 JULY, 2007
9.4.3 LEASE BY COUNCIL OF CAR PARKING AREAS OFF ST ANDREWS STREET MAITLAND FROM PRESBYTERIAN GLEBE TRUSTEES
File No: P24942 P24975
Attachments: LOCATION PLAN
Responsible Officer: Graeme Tolhurst Group Manager Finance and Administration
Author: Frank Shrimpton Property and Risk Management Coordinator
EXECUTIVE SUMMARY The Lease of car parking areas off St Andrews Street Maitland by Council from the Presbyterian Glebe Trustees has expired and the Trustees have offered Council a new Lease.
OFFICER'S RECOMMENDATION THAT:
1. Council enter into a Lease with the Presbyterian Glebe Trustees for the land Lots Part 126 & 127 DP 755237 off St Andrews Street Maitland for car parking, under the terms detailed in this report.
2. The Official Seal of Council be affixed as required on execution of the Lease.
REPORT Council has leased land on both sides of St Andrews Street Maitland, adjacent to the intersection of Little Hunter Street, for many years for car parking.
The owner of the land, the Presbyterian Glebe Trustees, have offered Council a further 3 year lease on the same terms and conditions as currently exist. The last lease term was for the period 1 July 2004 to 30 June 2007 with annual rental being increased by the CPI factor each year.
The rent for the year to 30 June 2007 was $603.30 per month plus GST. The Trustees have advised that they will accept an increase in monthly rent commencing 1 July 2007 based on the CPI as at 30 June 2007, when that factor is published. This is an acceptable approach to adjusting the on-going rent as it avoids a formal market appraisal having to be undertaken.
The Lease will permit Council to also regulate car parking restrictions within the car parks as has been the case with past leases.
Page 228 ORDINARY MEETING AGENDA 24 JULY, 2007
LEASE BY COUNCIL OF CAR PARKING AREAS OFF ST ANDREWS STREET MAITLAND FROM PRESBYTERIAN GLEBE TRUSTEES (Cont.)
The two car parks are part of the investigation area for the Central Maitland Structure Plan and are located in the Retail/ Commercial precinct. Issues of car parking, access and traffic circulation will be addressed in the Structure Plan, as well as the identification of sites for enhanced development opportunities.
Council’s City Strategist has advised that there is no objection to the three year lease as the Structure Plan is unlikely to be implemented into the LEP until 2011.
Renewal of the Lease is therefore recommended.
FINANCIAL IMPLICATIONS The outgoing rent has been anticipated and therefore this matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 229 ORDINARY MEETING AGENDA 24 JULY, 2007
LEASE BY COUNCIL OF CAR PARKING AREAS OFF ST ANDREWS STREET MAITLAND FROM PRESBYTERIAN GLEBE TRUSTEES (Cont.)
Page 230 ORDINARY MEETING AGENDA 24 JULY, 2007
10 ITEMS FOR INFORMATION
10.1 CORRESPONDENCE ANALYSIS
File No: 35/61
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Kylie Phillips Acting Corporate Documents Co-ordinator
EXECUTIVE SUMMARY This report contains valuable information in relation to Council’s outstanding correspondence. The report is a valuable management tool within the organisation & provides information in relation to the guidelines for replying to correspondence.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT DOCUMENT FLOW TOTAL Number of Documents Received June 2007 2391 TOTAL Number of Documents Sent June 2007 2122 Note 1: The figures shown above relate to all documents received and sent by Council and include all property applications and items for information.
ACTIONABLE DOCUMENTS OUTSTANDING TOTAL Outstanding Over 30 Days 31/05/2007 55 PLUS Actionable Items Received June 2007 23 LESS Outstanding Items Actioned June 2007 10 TOTAL Number of Outstanding Documents 30/06/2007 68 Over 30 Days Note 2: Many of the documents received by Council are dealt with by formal processes, such as Development Applications. Council processes will trigger the necessary action, whether it is a response to a developer or result of a tender. These items are not included in this table. This table relates to documents that do not have a formal process and therefore acts as a safety net for actionable correspondence.
Page 231 ORDINARY MEETING AGENDA 24 JULY, 2007
CORRESPONDENCE ANALYSIS (Cont.)
ACTIONABLE DOCUMENTS BY CATEGORY • Approvals 5
• Customer Service Requests - • General 54 • Works/Projects 8 • Rating 1 TOTAL Outstanding Over 30 Days 30/06/2007 68 Note 3: This table is a further dissection of the actionable documents. The full implementation of the Electronic Document Management System will provide an enhanced reporting facility.
Page 232 ORDINARY MEETING AGENDA 24 JULY, 2007
10.2 KEY PERFORMANCE INDICATORS – JUNE 2007
File No: 35/57
Responsible Officer: Roger Stephan Executive Manager Marketing and Business Strategy
Author: Melissa Allen Business Support Executive Assistant
EXECUTIVE SUMMARY This report provides Council with information in relation to performance against key indicators.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT This report provides regular monthly data against a set of core key performance indicators.
These types of indicators align broadly with Council’s adopted Key Focus Areas and together provide an overall snapshot of activity in the Maitland Local Government Area.
The aim of such reporting is to present the data in an informative and easily understood manner, so that Council can easily determine trends and / or anomalies that may require action. It is also intended that this type of reporting will provide an opportunity to highlight any key issues of particular importance to Council.
Performance Indicator: Approval Statistics
Approval statistics provide an indication of the level of building and development activity in the LGA, as well as the efficiency and effectiveness of our processing systems.
Data is presented showing trends over the last twelve months for the number of applications (DAs and CCs) lodged with Council, the number approved and the number that remain outstanding. Median days and the estimated value of development and construction are also presented.
For the 12 month period of July 2006 through to June 2007, the average monthly number of lodged Development Applications was 114 and the average monthly number of applications approved was 118. In June 2007, there were 117 applications
Page 233 ORDINARY MEETING AGENDA 24 JULY, 2007
Key Performance Indicators (Cont.) lodged and 89 applications approved. The number of applications on-hand has increased to 283.
The Median Processing Times for Development Applications in June 2007 has increased to 20 days. The average Median Days for the twelve month period is 21 days.
For the 12 (twelve) month period July 2006 through to June 2007, the average monthly number of lodged Construction Certificates was 72 and the average monthly number of approved Construction Certificates was 73. In June 2007, there were 73 Construction Certificates lodged and 43 approved. There are currently 158 applications on-hand.
The Median Processing Times for Construction Certificates in June 2007 has increased to 15 days. The twelve month period is 14 days.
For the 12 (twelve) month period July 2006 through to June 2007, the average monthly number of lodged DA S96 Applications was 14 and the average monthly number of determined DA S96 Applications was 13. In June 2007, there were 8 DA S96 Applications lodged and 19 determined. There are currently 40 applications on- hand.
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Key Performance Indicators (Cont.)
DAs - On-Hand, Lodged & Approved Applications
160 350 300 140 250 120 200
100 150 100 80 50 60 0
Jul-06 Aug-06 Sep-06 Oct-06 Nov-06 Dec-06 Jan-07 Feb-07 Mar-07 Apr-07 May-07 Jun-07 Lodged 112 125 142 132 129 86 75 94 130 100 126 117 Approved 133 144 134 155 144 97 112 77 112 91 125 89 On-Hand 311 291 299 276 261 249 212 231 247 254 255 283
DAs - Median Processing Times
30
25
20
15
10
5
0
Jul-06 Aug-06 Sep-06 Oct-06 Nov-06 Dec-06 Jan-07 Feb-07 Mar-07 Apr-07 May-07 Jun-07 Calendar Days 22 28 22 20 21 20 19 22 19 20 19 20
DAs - Estimated Value of Development
$35,000
$30,000
$25,000
$20,000
$15,000 $'000s $10,000
$5,000
$0
Jul-06 Aug-06 Sep-06 Oct-06 Nov-06 Dec-06 Jan-07 Feb-07 Mar-07 Apr-07 May-07 Jun-07 Estimated Value $13,613 $14,385 $28,698 $22,579 $17,643 $17,097 $16,613 $15,359 $14,796 $13,235 $18,909 $8,048
Page 235 ORDINARY MEETING AGENDA 24 JULY, 2007
Key Performance Indicators (Cont.)
CCs - On-Hand, Lodged & Approved Applications
120 180 160 100 140 80 120 100 60 80 40 60 Trendline - 40 Approved 20 20 0 0
Jul-06 Aug-06 Sep-06 Oct-06 Nov-06 Dec-06 Jan-07 Feb-07 Mar-07 Apr-07 May-07 Jun-07
Lodged 63 89 100 89 81 50 53 59 73 58 79 73 Approved 82 81 93 96 89 59 68 46 76 55 90 43 On-Hand 152 160 167 161 152 143 128 141 136 139 128 158
CCs - Median Processing Times
20 18 16 14 12 10 8 6 4 2 0
Jul-06 Aug-06 Sep-06 Oct-06 Nov-06 Dec-06 Jan-07 Feb-07 Mar-07 Apr-07 May-07 Jun-07 Calendar Days 16 17 16 18 17 15 16 16 17 16 14 15
CCs Estimated Value of Construction
$18,000 $16,000 $14,000 $12,000 $10,000 $8,000 $'000s $6,000 $4,000 $2,000 $0
Jul-06 Aug-06 Sep-06 Oct-06 Nov-06 Dec-06 Jan-07 Feb-07 Mar-07 Apr-07 May-07 Jun-07 Estimated Value $6,601 $5,008 $6,051 $5,914 $6,233 $15,492 $4,516 $2,998 $8,663 $5,819 $7,739 $2,836
Page 236 ORDINARY MEETING AGENDA 24 JULY, 2007
Key Performance Indicators (Cont.)
DA S96 Applications - On-Hand, Lodged & Determined Applications
30 40 35 25 30 20 25 15 20 15 10 10 5 5 0 0
Jul-06 Aug-06 Sep-06 Oct-06 Nov-06 Dec-06 Jan-07 Feb-07 Mar-07 Apr-07 May-07 Jun-07 S96 Applications Lodged 17 16 16 11 16 12 11 9 14 12 18 8 S96 Applications Determined 14 18 20 12 15 7 8 10 11 8 19 10 S96 Applications On Hand 16 16 17 18 19 19 21 23 26 27 32 35
Page 237 ORDINARY MEETING AGENDA 24 JULY, 2007
Key Performance Indicators (Cont.) Performance Indicator: Consolidated Development Services Income
The following graph shows actual YTD consolidated Development Services income to June 2007.
YTD CONSOLIDATED DEVELOPMENT SERVICES INCOME 2006/2007 $2,250,000
$2,000,000
$1,750,000
$1,500,000
$1,250,000
$1,000,000
$750,000
$500,000
$250,000
$0 J 06 A 06 S 06 O 06 N 06 D 06 J 07 F 07 M 07 A 07 M 07 J 07 Org Vote $148,500 $297,000 $445,500 $594,000 $742,500 $891,000 $1,039,500 $1,188,000 $1,336,500 $1,485,000 $1,633,500 $1,782,000 YTD $178,501.7 $333,423.7 $550,999.5 $685,663.4 $842,529.9 $962,084.5 $1,055,408 $1,201,360 $1,416,792 $1,635,616 $1,814,312 $1,962,679 Adj Vote $148,500 $297,000 $445,500 $594,000 $742,500 $891,000 $1,076,250 $1,230,000 $1,383,750 $1,584,167 $1,742,583 $1,901,000
Actual income is shown below.
MONTHLY CONSOLIDATED DEVELOPMENT SERVICES INCOME 2006/2007
$300,000.00 $275,000.00 $250,000.00 $225,000.00 $200,000.00 $175,000.00 $150,000.00 $125,000.00 $100,000.00 $75,000.00 $50,000.00 $25,000.00 $0.00 J 06 A 06 S 06 O 06 N 06 D 06 J 07 F 07 M 07 A 07 M 07 J 07 Actual $178,501.7$154,921.9$217,575.8$134,663.8$156,866.5$119,554.5$93,323.99$145,951.6$267,986.0$166,270.1$178,696.5$148,366.7 AV Monthly $148,500 $148,500 $148,500 $148,500 $148,500 $148,500 $153,750 $153,750 $153,750 $158,417 $158,417 $158,417
Page 238 ORDINARY MEETING AGENDA 24 JULY, 2007
Key Performance Indicators (Cont.) Performance Indicator: Patronage of Community Services
Patronage at Council’s libraries, art gallery and childhood immunization clinics are displayed graphically below to more clearly identify trends of usage at the various facilities.
Libraries
Overall patronage trends at Council’s libraries for the months April to June 2007 inclusive are higher to the patronage trends for the corresponding period last year. Total patronage for all libraries for this three month period was 6.31% higher than the corresponding period last year. The same comparison but on an individual library basis reveals the following comparisons:
City 18.62% lower East Maitland 13.48% higher Rutherford 21.27% higher Thornton 30.32% higher
LIBRARY VISITORS
25,000
20,000
15,000
10,000
5,000
0 Apr 2006 May 2006 Jun 2006 Apr 2007 May 2007 Jun 2007 Library Visitors City 6,550 7,146 7,146 4,774 5,687 6,500 East 5,757 6,463 6,082 6,534 7,299 6,936 Ruth 3,211 3,665 3,183 4,030 4,076 4,093 Thorn 2,883 3,721 3,314 3,878 4,952 4,095 Total 18,401 20,995 19,725 19,216 22,014 21,624
Page 239 ORDINARY MEETING AGENDA 24 JULY, 2007
Key Performance Indicators (Cont.) Art Gallery
HIGHLIGHTS
Public Programs
The Drawing Room as part of the exhibition ‘pencilworks’ involved the artists Susan Ryman and Nicola Hensel to attend MRAG every Wednesday between the hours of 10am and 3pm to sit and work as artist-in-residence in Gallery Two. This provided a link to the community to access not only the exhibition but the artists involved.
MRAG hosted two Look who’s talking events during June. Both events proved to be highly successful in terms of attendance from the community and as an event linking two Maitland City Council (MCC) service providers. Reading between the wines included a panel of three experts coordinated by Keryl Collard (MCC Librarian). The other event also coordinated by Keryl and her staff was with author and ordained Buddhist monk Adrienne Howley. Although both events were coordinated by the Library the management of visitors to these events, publicity and promotion were coordinated by MRAG. These two events proved to be a fruitful venture and allowed both institutions to work closely together gaining a greater appreciation of each other and how both institutions could work successfully together in promoting cultural activities in the City of Maitland. There are two other Look who’s talking events planned at MRAG during 2007.
MRAG in conjunction with MCC opened two new exhibitions, Wanderlust and Photo Voices, 29 June at 6pm.
Education • Getaway Home school visits - MRAG Education commenced its kids project Getaway Home in June with video and new media artist Theresa Schubert visiting 6 schools and working with approximately 300 children.
• Art Start Grant - MRAG Education applied for and was successful in receiving $2,000 of project funds for 'Can't Live With 'Em' a film project for young people living in Woodberry. This project will see MRAG Education partnering with Metro Screen (a Sydney based film development and creative industries peak body)
• Schools Day Out - MRAG Education Coordinator is the Art Director for Schools Day Out. Meetings and planning for this event began in earnest in June.
• Linewal School Visit - MRAG Education hosted a visit from Linewal School for the Wanderlust exhibition
• Kids Activities - The MRAG Education team developed free kids activities for the Wanderlust and Photo Voices exhibition which opened on the 29 June.
• Art Tuesdays - MRAG Education's arts program for 6-12 year olds commenced for term 2 on the 8 May. Thirteen students are enrolled in the Page 240 ORDINARY MEETING AGENDA 24 JULY, 2007
Key Performance Indicators (Cont.) program where they are creating prints with emerging print maker Ben Soedrajit. Their work is currently being exhibited in the art gallery during the wanderlust exhibition (29 June - 5 August)
ART GALLERY VISITORS
2,500
2,000
1,500
1,000
500
0 Apr 2006 May 2006 Jun 2006 Apr 2007 May 2007 Jun 2007 Art Gallery Visitors Art Gallery Visitors 1,915 1,111 1,191 1,379 1,488 1,698
Page 241 ORDINARY MEETING AGENDA 24 JULY, 2007
Key Performance Indicators (Cont.) Immunisation Clinics
Immunisation attendances which increased since the introduction of the national Childhood Pneumococcal Vaccination Program in January 2005, have plateaued and remained stable in recent months. As an immunisation provider, Maitland City Council will continue to administer this expanded program for the children of Maitland.
IMMUNISATION ATTENDANCES
90 80 70 60 50 40 30 20 10 0 Apr-06 May-06 Jun-06 Apr 07 May 07 Jun 07 Immunisation Attendances Thornton 13 12 14 9 19 9 Rutherford 29 32 30 42 42 30 Town Hall 19 26 9 7 19 18 Total 61 70 53 58 80 57
Page 242 ORDINARY MEETING AGENDA 24 JULY, 2007
Key Performance Indicators (Cont.) Visitor Information Centre
Enquiries through the Maitland Visitor Information Centre for June 2007 totalled 9,803 bringing the total number of enquiries for 2007 to 169,094.
The impact of the natural disaster in the Region was significant with a reduction in accommodation bookings through the Visitor Information Centre for the first time since implementation of the online system in May 2006. Personal and telephone enquiries also reduced through the Visitor Information Centre and at tourism businesses throughout the City.
In response to this Maitland Tourism undertook an advertising campaign which included radio (2HD & KOFM), press advertising (Newcastle Herald and Sunday Telegraph) and distribution of the balance of the Morpeth Postcard promotion. Other activities undertaken by the Centre during June was the development of the Les Darcy brochure, new Maitland Map and finalisation of the Morpeth Heritage Walk.
The Maitland, Hunter Valley website www.maitlandhuntervalley.com.au attracted 7,282 visitors who visited 18,968 pages*.
VISITOR INFORMATION CENTRE ENQUIRIES
39,500
34,500
29,500
24,500
19,500
14,500
9,500
4,500
-500 Apr 2006 May 2006 Jun 2006 Apr 2007 May 2007 Jun 2007 Personal 3,865 3,292 2,770 4,953 2,437 1,372 Telephone 2,953 1,065 1,104 3,392 1,095 1,078 Mail 679 284 240 768 121 71 Internet 7,747 5,320 5,225 35,334 24,496 7,282
NB. Telephone enquiries includes both general and business enquiries received through the Visitor Information Centre. Utlisation of the current ipfx reporting system commenced in October 2005.
* Note that due to a problem with Web Central website statistics were only available between 1 – 11 June. Total figures for June will be included in the July report.
Page 243 ORDINARY MEETING AGENDA 24 JULY, 2007
Key Performance Indicators (Cont.) Maitland Reservations through the on line system that operates in conjunction with the website secured 27 bookings for the month of June totalling $5,540 of instantly confirmed and paid bookings. The Maitland Visitor Information Centre receives 11% commission in income from these bookings. The graph below displays the total number of bookings taken for the month of June along with total number of nights, average number of nights and average value per booking. The Centre booked a total of 27 totalling 51 nights.
VISITOR INFORMATION CENTRE ACCOMMODATION BOOKINGS
140 $14,000.00
120 $12,000.00
100 $10,000.00
80 $8,000.00
60 $6,000.00
40 $4,000.00
20 $2,000.00
0 $0.00
Jun-06 Jul-06 Aug-06 Sep-06 Oct-06 Nov-06 Dec-06 Jan-07 Feb-07 Mar-07 Apr-07 May-07 Jun-07 Number of Nights 17 63 61 96 81 74 65 88 72 118 78 76 51 Bookings 8 272541414426383655434527 Total Cost $1,390. $6,731. $5,928. $9,937. $10,227 $8,581. $6,322. $9,330 $9,318 $13,117 $8,733. $6,906 $5,540
Page 244 ORDINARY MEETING AGENDA 24 JULY, 2007
Key Performance Indicators (Cont.) Maitland Gaol
Visitation to the Gaol was severely impacted by the events of the June Long Weekend and the subsequent, widely publicised closure of the New England Highway at Maitland. A number of major tours were postponed and forward bookings cancelled resulting in a much lower than expected total visitation for the month.
In response to the above a number of advertisements were placed in media outlets in the Lower Hunter and Central Coast to reacquaint potential visitors with the Gaol and its attractions. It is hoped that these strategies and further amendments to the Gaol’s highly regarded website will lead to an upturn in visitation in July.
Maitland Gaol Visitation Numbers
2500
2000
1500
1000
500
0 Apr-06 May-06 Jun-06 Apr-07 May-07 Jun-07 Visitors Visitors 2058 1538 1789 2252 2162 1887
Page 245 ORDINARY MEETING AGENDA 24 JULY, 2007
Key Performance Indicators (Cont.)
Swimming Pool Attendance
Maitland and East Maitland Pools are both closed over winter. Reporting of swimming pool attendance figures will be suspended until the pools reopen later this year (around end of September/beginning of October).
Page 246 ORDINARY MEETING AGENDA 24 JULY, 2007
Key Performance Indicators (Cont.) Performance Indicator: Food Premises Inspections
The number of inspections undertaken at Food Premises over the last 12 months is graphically presented below. The average number of monthly food premises inspections for this period was 36.25. For the last six months from January 2007 to June 2007 there has been one improvement notice issued in February and one Penalty Infringement Notice issued in June.
FOOD PREMISES INSPECTIONS
70
60
50
40
30
20
10
0 JASONDJFM AM J Inspections 23 44 15 16 37 18 34 57 36 40 66 49
Page 247 ORDINARY MEETING AGENDA 24 JULY, 2007
Key Performance Indicators (Cont.) Performance Indicator: Customer Request System
The chart below shows data from 2006/2007 for Council’s customer service request system. This system records and monitors complaints and requests from the community.
It should be noted that given the nature of some of the requests received (eg capital projects that may not form part of Council’s adopted rolling works program), resources available and the varying service levels set for differing types of requests, there will always be a certain level of outstanding items in the system.
Customer Request System
1200 1200
1000 1000
800 800 Received 600 600 completed outstanding 400 400
200 200
0 0 Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- 06 06 06 06 06 06 07 07 07 07 07 07 Received 798 858 881 817 964 636 1010 815 1011 805 949 761 completed 835 849 835 773 774 711 902 752 813 851 893 648 outstanding 484 486 526 557 741 655 756 809 998 937 958 1062
Page 248 ORDINARY MEETING AGENDA 24 JULY, 2007
Key Performance Indicators (Cont.) Performance Indicator: Rates Collections
As at 30th June 2006, 5.02% of rates levied for the 2005 / 2006 year remained uncollected. (In comparison, as at 30th June 2005, 4.98% of the rates levied for the 2004 /2005 year remained uncollected). The graph below shows the reductions achieved per month in the percentage of rates in arrears. Remaining arrears continue to be pursued through Council’s debt recovery agency and by Council’s debt recovery officer.
Percentage of Rates in Arrears
5.00%
4.00%
3.00%
2.00%
1.00%
0.00% Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May June Fin Year 2004/05 4.90% 4.20% 3.60% 3.20% 2.90% 2.64% 2.46% 2.32% 2.00% 1.80% 1.70% 1.61% 1.52% Fin Year 2005/06 4.98% 4.08% 3.47% 3.11% 2.79% 2.46% 2.27% 2.01% 1.80% 1.65% 1.55% 1.46% 1.33% Fin Year 2006/07 5.02% 4.28% 3.87% 3.24% 2.98% 2.67% 2.42% 2.27% 2.06% 1.89% 1.79% 1.64% 1.55%
Page 249 ORDINARY MEETING AGENDA 24 JULY, 2007
11 NOTICE OF MOTION/RESCISSION
11.1 ADMINISTRATIVE STRUCTURE NOTICE OF MOTION SUBMITTED BY CLR ARCH HUMPHERY
File No: 130/69 & 47/10
Responsible Officer: David Evans General Manager
Clr Arch Humphery has indicated his intention to move the following Notice of Motion at the next Ordinary Council of Council on 24 July 2007, as follows:
THAT:
1. Council investigate the possible change to its administrative structure needed to achieve greater efficiency in the delivery of services;
2. Council identify solutions and the financial implications of the plan to strip Councils of 50% of its planning provisions and be responsible for the total cost of elections;
3. Council aim to achieve an administrative saving of at least equivalent to 5% of its rate income in the first year;
4. Any savings be directed to the efficient sustainable delivery and maintenance of Council’s core services;
5. Council hold a workshop to identify those areas of concern or benefit of any restructure to Council’s sustainable long term operation.
COMMENT BY GENERAL MANAGER It is proposed to hold a Strategic/Review Workshop for Councillors and Senior Staff, the details of which are being finalised. The context of this workshop is to provide the Council with an opportunity to:
1. Consider a longer term (minimum 10 year) Strategic Plan for Maitland and its community, as is likely to be required under mooted changes to the NSW Local Government Act, and the means by which the council will engage the community in the determination of such a plan;
2. Discuss current services and service levels, and their commensurate resource allocations, in the context of funds required (and now known to council via its adopted asset management strategy) to improve the condition and levels of maintenance of the City’s assets;
Page 250 ORDINARY MEETING AGENDA 24 JULY, 2007
ADMINISTRATIVE STRUCTURE - NOTICE OF MOTION (Cont.) 3. Consider and discuss the implications of changing resourcing levels for current services; and
4. Consider means by which the council might identify and secure the long term recurrent funding needed by council to improve, maintain and ultimately replace the City’s assets, including:
− internal re-allocation of resources − efficiencies and cost savings − loan strategies − grant strategies; and − rating strategies
A workshop of this nature has been the subject of discussion with Council, and to some extent, points 4 and 5 of the Notice of Motion reflects this intent.
However, points 1 and 3 of the Notice of Motion are of concern in that:
1. Council, as recently as 10 April this year, adopted a revised administrative/organisation structure after a lengthy trial period, which at its core created the Assets and Infrastructure Planning Group for the purpose of increasing council’s focus on the improvement and maintenance of the City’s assets. The adopted structure also preserved the separation of roles between the Assets and Infrastructure Planning Group and the City Works and Services Group to preserve and continue a competitive basis for service delivery in this area. Considerable time and effort has been and is currently being directed toward the full implementation of the changes to the structure approved by Council on 10 April 2007.
2. It is difficult to establish a target for “administrative savings” relative to rate income, when rate income comprises less than 50% of council’s total revenue, and therefore funds less than 50% of council’s annual expenditure. It would be important to firstly understand and agree on what constitutes “administrative costs” and then set a more relevant target for reduction. This and similar issues should be considered in the context of a broader understanding of the council’s current expenditure allocations.
Finally, point 2 of the Notice of Motion, responds to recent media reports regarding mooted changes to the NSW planning system, and reported cost increases as regards next year’s local government elections. These a very real issues to which the council will need to respond, once further detail of these matters is known. However, I believe they sit somewhat apart from the broader issues canvassed in the Notice of Motion.
As stated above, details of a strategic/review workshop are being finalised – hopefully for a date in mid-August. I believe that it would be appropriate for the council to have the benefit of this workshop before determining any specific actions or targets it may wish to have in place, in relation to the longer term services and financial sustainability of the Council.
Page 251 ORDINARY MEETING AGENDA 24 JULY, 2007
ADMINISTRATIVE STRUCTURE - NOTICE OF MOTION (Cont.) FINANCIAL IMPLICATIONS An investigation of the Council’s Administrative Structure would require some diversion of resources from current activities and projects, and should be considered in the context that the full implementation of changes to Council’s Organisation Structure adopted on 10 April, 2007, are only just being finalised.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 252 ORDINARY MEETING AGENDA 24 JULY, 2007
11.2 VANDALISM - COUNCIL PROPERTY NOTICE OF MOTION SUBMITTED BY CLR RAY FAIRWEATHER
File No: 142/1
Responsible Officer: David Evans General Manager
Clr Ray Fairweather has indicated his/her intention to move the following Notice of Motion at the next Ordinary Council of Council on 24 July 2007, as follows:
THAT:
1. Council’s Policy on offering a “Reward up to $1000 for information leading to conviction of person(s) vandalising council property”, be increased to $2,500 in line with some other local government areas in the Hunter Valley.
2. This Policy be expanded to include the reward for information on the illegal use of Bush Trail Bikes on Council property.
3. This Policy be advertised every 3 months in Council’s news/advertisements in the local newspapers.
COMMENT BY CLR FAIRWEATHER Council adopted the existing policy many years ago when $1000 was considered a substantial amount of money, a review of this policy is long overdue.
Trail Bikes should be included in the policy due to the large number of complaints received by Councillors from residents about the bikes being used on Council reserves.
Advertising the policy on a regular basis will keep it out there as a reminder eventually, that may result in a reduction of vandalism throughout the city.
COMMENT BY GROUP MANAGER FINANCE & ADMINISTRATION There is an opportunity for this Policy to be reviewed in consultation with NSW Police.
A review of similar policies from other Councils indicate that the information should first be reported to the nearest Police station.
Once the policy is reviewed and updated by Council, it could be advertised every three (3) months in Council’s news and advertisements.
Page 253 ORDINARY MEETING AGENDA 24 JULY, 2007
VANDALISM - COUNCIL PROPERTY - NOTICE OF MOTION (Cont.) FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 254 ORDINARY MEETING AGENDA 24 JULY, 2007
12 QUESTIONS WITHOUT NOTICE
13 URGENT BUSINESS
Page 255 ORDINARY MEETING AGENDA 24 JULY, 2007
14 COMMITTEE OF THE WHOLE
14.1 CONSIDERATION OF TENDERS - EXTENSION OF RUTHERFORD COMMUNITY CENTRE
File No: 137/1105
Responsible Officer: Richard Minter Manager Projects and Emergency Services
Author: Ashley Kavanagh Building and Projects Co-ordinator
EXECUTIVE SUMMARY An allocation was made in the 2006/07 Management Plan for the construction of an extension to the Rutherford Community Centre. Tenders have been called for these works and are presented for Council's consideration and determination. The tenders are being reported to Committee of the Whole as they contain confidential commercial information.
OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:
(d)(i) commercial information of a confidential nature that would, if disclosed: prejudice the commercial position of the person who supplied it.
Page 256 ORDINARY MEETING AGENDA 24 JULY, 2007
15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE
16 CLOSURE
Page 257