MAITLAND CITY COUNCIL

ORDINARY MEETING AGENDA

13 JUNE, 2006

ORDINARY MEETING AGENDA 13 JUNE, 2006

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 ...... 1

9.1 GENERAL MANAGER...... 2

9.1.1 DRAFT MANAGEMENT PLAN 2006/2009...... 2

9.2 SERVICE PLANNING AND REGULATION...... 32

9.2.1 06-782 SENIORS HOUSING DEVELOPMENT- 6 UNITS LOT B DP393118, 2 RONALD STREET, TENAMBIT RECOMMENDATION: APPROVAL ...... 32

9.2.2 DA06-337 TEMPORARY USE - EQUESTRIAN EVENT LOT 332 DP 105437 AND LOT A DP 431719, 396 ANAMBAH ROAD, ANAMBAH. RECOMMENDATION: APPROVAL ...... 57

9.2.3 DA 00-1503 SECTION 96 MODIFICATION OF DEVELOPMENT APPLICATION – REARRANGEMENT OF HANGAR DESIGN AND CHANGE TO COMMUNITY OPERATIONAL UNDERTAKING LOTS 1 - 4 DP 1018518, 604 NEW ENGLAND HIGHWAY, RUTHERFORD RECOMMENDATION: APPROVAL ...... 94

9.2.4 WALKA WATER WORKS, OAKHAMPTON ROAD, MAITLAND ...... 116

9.2.5 PROPOSED REZONING OF LAND AT CORNER OF RIVER ROAD AND NEW ENGLAND HIGHWAY, WINDELLA...... 146

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9.2.6 AMENDMENT TO MAITLAND CITYWIDE DEVELOPMENT CONTROL PLAN - BOLWARRA/ LARGS...... 176

9.2.7 REVIEW OF MAITLAND LOCAL ENVIRONMENTAL PLAN.....183

9.2.8 INTEGRATED CHILD AND FAMILY CENTRE, WOODBERRY189

9.2.9 INDIAN MYNA TRAPPING INVESTIGATION ...... 199

9.2.10 OWNERSHIP OF LAND ASSOCIATED WITH EAST MAITLAND GASWORKS ...... 204

9.2.11 EAST MAITLAND SHOPPING PRECINCT...... 209

9.2.12 RENEWAL OF RETAIL ELECTRICITY SUPPLY AGREEMENT (RESA)...... 229

9.2.13 PETITION - SPEEDING IN SCHANCK DRIVE, METFORD...... 234

9.3 FINANCE AND ADMINISTRATION...... 249

9.3.1 MAKING OF RATES AND CHARGES ...... 249

10 ITEMS FOR INFORMATION...... 266

10.1 STATUS REPORT ON CONSTRUCTION WORKS ...... 267

10.2 COUNCILLOR MOTIONS...... 273

10.3 COUNCIL’S HOMEPAGE STATISTICS ...... 279

10.4 SHOWGROUND NOTIFICATION OF EVENTS...... 280

11 NOTICE OF MOTION/RESCISSION...... 284

11.1 REDUCTION OF SPEED ZONES ON THE NEW ENGLAND HIGHWAY FROM RUTHERFORD TO LOCHINVAR NOTICE OF MOTION SUBMITTED BY CLR RAY FAIRWEATHER .....284

11.2 WATER SHARING PROPOSAL FOR THE TIDAL POOL OF THE PATERSON AND HUNTER RIVERS NOTICE OF MOTION SUBMITTED BY CLR ARCH HUMPHERY ...... 285

12 QUESTIONS WITHOUT NOTICE ...... 287

13 URGENT BUSINESS ...... 287

14 COMMITTEE OF THE WHOLE...... 288

14.1 CONSIDERATION OF TENDERS - PROVISION OF INVESTMENT ADVISORY SERVICES...... 288

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14.2 COMPULSORY PURCHASE OF CROWN LAND SEMPILL STREET MAITLAND FOR CAR PARKING...... 289

14.3 VACANT LAND - 12 FREWIN AVENUE WOODBERRY...... 290

15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE ...291

16 CLOSURE...... 291

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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 23 May 2006 be confirmed.

5 BUSINESS ARISING FROM MINUTES

6 MAYORAL MINUTE

7 PUBLIC ACCESS

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS

9 OFFICERS REPORTS

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9.1 GENERAL MANAGER

9.1.1 DRAFT MANAGEMENT PLAN 2006/2009

File No: 35/33/12

Attachment Submissions

Responsible Officer: David Evans General Manager

Author: Leanne Harris Manager Strategic Services

EXECUTIVE SUMMARY In accordance with the Council resolution of the 2nd May 2006, exhibition of the Draft Management Plan for 2006/2009 has been completed. This report discusses the results of the public consultation process and recommends Council proceed with the adoption of the Plan.

The adoption of the Management Plan for 2006/2009 is a mandatory requirement for Council to meet its legal obligations under the Local Government Act, 1993 and to continue to provide services to the community for the year ahead.

OFFICER'S RECOMMENDATION THAT:

1. In accordance with Section 406 of the Local Government Act (1993), the 2006/2009 Management Plan be adopted by Council.

2. Council adopt the Revenue Policy for 2006/07 as annexed to the Management Plan, which includes a general rate increase of 3.6% as approved by the Minister for Local Government together with an additional 6% if approved by the Department of Local Government.

3. Council approve the following borrowings:

a) A loan of $630,000 for specific capital works, including road, bridge access and drainage works during 2006/07

b) An additional loan of $1,000,000 to assist with the construction of capital works identified in Council’s Long Term Asset Management Strategy

c) Council authorise the affixing of the Council Seal to all documents relating to the loans.

d) Hire Purchase Agreements up to $600,000 as required to replace two (2) garbage trucks. Page 2 ORDINARY MEETING AGENDA 13 JUNE, 2006

Draft Management Plan 2006/2009 (Cont.) 4. Council adopt the Stormwater Management Charge as per the Draft Management Plan

REPORT The purpose of this report is to present the final Draft Management Plan 2006/2009 to the Council for formal consideration and adoption, following the results of the public consultation and exhibition processes.

Council is required, by Section 406 of the Local Government Act 1993, to formally prepare and adopt a Management Plan prior to June 30th each year for activities that are to be undertaken over the next three years and a revenue policy for the coming year. This process includes the adopting of budgets, voting of funds for expenditure and the setting of rates, fees and charges.

As part of this process Council must consider any public submissions and in light of these can review and amend the exhibited Draft Plan where deemed necessary.

This year’s draft Management Plan was compiled following a series of workshops and input from both Councillors and staff. One of the key principles of the draft Management Plan 2006/2009 is sustainable asset management in accordance with Council’s recently adopted Long term Asset Management Strategy and Policy. The draft Plan also recognises Council’s environmental obligations and the community’s increased environmental awareness and expectations.

In recognition of the continued high levels of urban growth leading to increasing use of and demand for Council’s services coupled with a widening gap between asset renewal and maintenance requirements, Council has developed a Ten Year Financial Planning Model. The model is integrated with Council’s Section 94 planning processes and comprehensive asset management strategies with a view to achieving financial sustainability over the longer term.

As a result of this process, the Draft 2006/2009 Management Plan proposes a Special Rate variation of an additional 6% above the maximum 3.6% approved by the Minister for Local Government, generating an additional $1,380,086 in rating income.

PUBLIC CONSULTATION The Draft Plan was placed on public exhibition from Tuesday 9th May 2006 through until Tuesday 6th June 2006 inclusive. A public meeting was convened to explain the draft Plan and offer the community the opportunity to provide direct feedback to the Councillors and staff. The Draft Plan was also available from Council’s Customer Service Centre, all of the City’s libraries and on the Council’s web page.

In addition to the above, details of the supporting material and the application to the Minister for Local Government for a Special Rate Variation for an additional 6% increase in the general rate, which is a key element of the Draft Plan, was the subject of specific notification processes including coverage in Maitland Matters, a letterbox drop and presentations to the business community.

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Draft Management Plan 2006/2009 (Cont.) Ten written submissions were received in response to the public notification processes. Nine of these raised some concerns with the Draft Plan, covering two main issues:

a) A perceived lack of funding for environmental programs; and b) Various concerns over the impact of the proposed rate increase on the business community.

The tenth submission was a letter of support from the Maitland Chamber of Commerce, specifically in relation to the Council’s proposed Special Rate Variation. The Chamber acknowledges the limited funding arrangements and difficulties under which the Council must operate and given the services the Council provides, together with Council’s integrated financial planning approach, the rate application is supported.

In addition, the Member for Maitland, John Price has indicated, through the General Manager, the he supports the Draft Management Plan, and has had no representation regarding the rate proposal, other than that already forwarded to Council. This position is expected to be confirmed in writing shortly.

The issues raised in the submissions and a response to each is provided below:

Lack of funding for Environmental Works in the Draft Plan

Two submissions have been received raising concern over the proposed allocation of $60,000 towards environmental programs, suggesting that this is insufficient in terms of Council’s overall budget.

The $60,000 referred to however is an additional allocation that would be made towards environmental works, if Council were to be successful in its application to the Department of Local Government for a Special Rate variation. This variation would generate an additional $1,380,086 in revenue for the Council, which was broadly allocated across several of works categories in the Draft Management Plan including bridges, buildings, roads and traffic safety, and community and recreation works as well as environmental programs.

Regardless of the rate application, Council’s proposed budget for Environmental Initiatives in 2006/07 is $281,992 and Council is holding a further $477,000 committed funds in its Greening Plan budget.

No changes to the draft Management Plan are recommended in response to this submission.

Rate Increases at Greenhills

One submission raises concerns with the proposed rate variation due to its impact on the commercial area of Greenhills, particularly given rate increases experienced in that locality since 2002/03.

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Draft Management Plan 2006/2009 (Cont.) The land values in the Greenhills commercial have risen on average 57% with the most recent VG valuation, rising from $413,000 to an average of $650,000. The effect of this revaluation is therefore significant on annual rating charges, leading to an average increase of rates of 26% per property. It is therefore clear that the increasing property values are having the dominant impact on rating charges. Council can choose to alter the rating mix across the LGA which would address some of the concerns being raised, however this would then shift the burden onto other rating categories such as residential or farmland.

No changes to the draft Management Plan are recommended in response to this submission.

Details on Proposed Stormwater Charge

One submission requests additional details on the proposed Stormwater Service Charge, in particular how it will be applied to rate notices. A reply has been issued indicating that the Charge will be shown as a separate line item each year and that under the Local Government Act, details of the works to be funded from the charge must be included and considered as part of Council’s annual management plan.

No changes to the draft Management Plan are recommended in response to this submission.

Proposed Rate Increase being above CPI / inflation and lack of Contingency Planning

Two submissions object to the proposed special rate variation for the additional 6% increase on the basis that it is inappropriate for pensioners, self-funded retirees and others on limited incomes who receive only annual increases in line with CPI or Award Increases, which are generally lower than Council’s rate cap anyway. Concerns are also raised in respect of a lack of contingency planning for fundamental asset management issues such as setting up reserves for pre-planned works.

Whilst the concerns are understandable, Council needs to continue to provide services to the community in accordance with current requirements and expectations whilst remaining within the existing rating legislation framework. A solid and reasonable case has been made to the Department of Local Government to justify the proposed rate increase.

No changes to the draft Management Plan are recommended in response to this submission.

Effect of Additional Rates on 22 Paterson Road and Current Rating Structure

This submission specifically relates to the General Store on Paterson Road at Bolwarra and takes issue with the existing rating structure, arguing that a commercial rating is not appropriate given the residential zoning that applies to the site and that there should be provisions introduced for a dual rating system – part commercial and part residential.

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Draft Management Plan 2006/2009 (Cont.) In response to this the following advice is provided to the Council: a) When determining the rating category of a site under the Local Government Act, the town planning zoning that applies to the land is irrelevant, as the rating classification solely considers the dominant use of the site. The commercial rating that currently applies to this site is therefore consistent with the legislative framework under which Council must operate. b) There are already provisions available for dual rating systems, using Mixed Development Apportionment Factors (MDAF) and Council currently rates a small number of properties in this manner, where there is a combined residential and business use of a property. To be rated in this manner, the owner needs to apply to the Valuer General who determines the eligibility of the property for such a rating structure and what MDAFs will apply (for example 75% business / 25% residential). One of the factors that the VG will assess when determining eligibility is whether the business and residential components of the property function separately (for example whether there are separate kitchen, toilet and entrance arrangements) and if not, separate MDAFs do not usually apply.

The primary factor affecting the rating changes on this particular property is the significant increase in the VG’s most recent valuation (150% increase). This alone results in a rate increase of $1,137. The 3.7% increase in the general rate level equates to an additional $81, while the additional 6% will mean a further $138 is payable.

Based upon all of the above, no changes to the draft Management Plan are recommended in response to this submission.

Effect of Additional rates on 19 Belmore Road Lorn and the need for more commercial rating categories

This submission specifically relates to the commercial premises as 19 Belmore Road, Lorn and suggests that Council needs to implement additional business sub- categories which reflect activity levels and where these are lower for example neighbourhood shopping areas or corner stores, business rates be reduced accordingly.

Under the Local Government 1993, (Section 529(2)(d)), Council can consider the introduction of rating sub-categories for business rated properties, based on a ‘centre of activity’, which is defined as a something like a business centre, and industrial estate or some other like concentration of activities. To address the concerns raised in the submission therefore would mean the introduction of a specific sub-category for Lorn. The suggestion in the submission of sub-categories based upon levels of activity are not permissible under the Act.

Given Lorn is only one of several activity centres in the LGA, Council would need to consider the impact of such an arrangement and the precedent that this would set.

Again, the primary factor affecting the rating changes on this particular property is the significant increase in the VG’s most recent valuation (105% increase). This alone Page 6 ORDINARY MEETING AGENDA 13 JUNE, 2006

Draft Management Plan 2006/2009 (Cont.) results in a rate increase of $2,062. The 3.7% increase in the general rate level equates to an additional $188 while the additional 6% will mean a further $319 is payable.

On this basis no changes to the draft Management Plan are recommended in response to this submission.

General Concerns over Additional Rate Impact

One submission raises general concerns over the proposed special rate variation on the basis that Council does not offer ‘value for money’ and the highlights a number of concerns with Council services such as maintenance of Council owned property, roadworks, street lighting, garbage collection and library services. Whilst these concerns are duly noted, it is considered that Council has been able to effectively demonstrate sound principles of being an efficient and effective organisation and on this basis no changes to the draft Management Plan are recommended in response to this submission.

CONCLUSION The Draft Management Plan has been exhibited in accordance with statutory requirements and is now recommended to the Council for adoption. For the reasons outlined in this report, no specific changes to the Draft Plan are recommended as a result of the public consultation processes.

FINANCIAL IMPLICATIONS The adoption of the Draft Management Plan sets the Council’s overall budget position for the coming year.

POLICY IMPLICATIONS Adoption of the Draft Management Plan sets Council’s Revenue Policy for the year ahead.

STATUTORY IMPLICATIONS The adoption of the Draft Management Plan fulfils Council’s statutory obligations under the Local Government Act (1993).

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Draft Management Plan 2006/2009 (Cont.)

Officers Reports

DRAFT MANAGEMENT PLAN 2006/2009

Submissions

Meeting Date: 13th June 2006

Attachment No : 1

Number of Pages : 23

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9.2 SERVICE PLANNING AND REGULATION

9.2.1 06-782 SENIORS HOUSING DEVELOPMENT- 6 UNITS LOT B DP393118, 2 RONALD STREET, TENAMBIT RECOMMENDATION: APPROVAL

File No: 06-782 Attachments: Locality Plan Development Plans Submissions

Responsible Officer: David Simm Manager Development and Environment Author: Shannon Butler Assistant Town Planner Applicant: Resitech Australia Proposal: Seniors Housing Development- 6 Units Location: 2 Ronald Street, Tenambit Zone: 2(a) Residential

EXECUTIVE SUMMARY Development consent is sought from Council for a Seniors Housing Development- (6 Units) at 2 Ronald Street, Tenambit. The subject land is zoned 2(a) Residential under Maitland Local Environmental Plan, 1993. The application was lodged by Resitech Australia, a service agency of the NSW Department of Housing on behalf of the Department’s Northern NSW Housing Services Division. The owner and applicant is therefore the Crown.

Housing for aged or disabled persons is a permissible form of development in the 2(a) Residential Zone with Council consent and is consistent with the objectives of the zone. The development has been designed in accordance with State Environmental Planning Policy (Seniors Living) 2004.

The proposed development was exhibited in accordance with council policy and a total of one objection was received. The issues addressed in the submission include; aesthetic impacts, increase in traffic flow, safety concerns due to a lack of parking and possible impacts on property values. These issues are not considered so substantive as to warrant refusal of the application. It is considered this development is positive, as it will increase the availability of affordable seniors housing in a manner which integrates effectively with the existing residential environment.

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06-782 Seniors Housing Development- 6 Units B 393118 2 Ronald Street, Tenambit (Cont)

OFFICER'S RECOMMENDATION THAT:

06-782 for Seniors Housing Development- 6 Units on Lot B, DP393118 2 Ronald Street, Tenambit be approved, subject to the conditions of consent set out in the attached schedule.

BACKGROUND The proposed development is stage two of the overall development on the site. In 1993 (DA93-260), consent was granted for stage one, which consisted of eight single and two-storey self-contained dwellings, which were completed approximately ten years ago, it is considered that the proposed development will integrate effectively with the first stage of the development.

PROPOSAL The proposal involves the construction of six single and two storey self-contained dwellings, designed in accordance with State Environmental Planning Policy (Seniors Living) 2004. Five (5) units comprise two (2) bedrooms with one (1) unit comprising a single bedroom. Units 1 to 4 are located at ground level and units 5 and 6 are located at first floor level. The development has been designed as two separate buildings, each containing three units. The separation of the two blocks provides a sense of individuality to the units and allows the massing of the development to be in keeping with residential development in the neighbourhood. The proposed buildings are sympathetic and consistent with the housing types and styles in the locality, as they will be brick veneer, with tiled rooves and will feature a combination of gabled and hipped rooves.

PLANNING ASSESSMENT The proposal has been assessed under the relevant matters for consideration detailed in Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as follows:

Section 79C(1)(a)(i) provisions of any environmental planning instrument

Local Environmental Plan The subject land is zoned 2(a) Residential under Maitland Local Environmental Plan 1993. The proposed development is defined under the LEP as “Seniors Housing” which is a permissible land use in the 2(a) zone with Council consent. The proposal is considered to be consistent with the zone objectives, as follows.

2(a) Residential Zone a) To provide for housing and associated facilities in locations of high amenity and accessibility.

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06-782 Seniors Housing Development- 6 Units B 393118 2 Ronald Street, Tenambit (Cont) b) To enable development for purposes other than residential only if it is compatible with the character of the living area and has a domestic scale and character. c) To ensure that development does not create unreasonable demands, in the present or in the future, for the provision or extension of public amenities or services.

The proposal will provide permanent accommodation for seniors and the disabled in an area of high amenity and accessibility. The site is located along a bus route, which services the commercial areas of Greenhills and Maitland and the community facilities in the locality are considered to be of a high standard. The development will be compatible with the character of the living area and due to the ‘two building’ design it will have a domestic scale and character. It is not considered that the development will create unreasonable demands for the provision or extension of public amenities or services.

Regional Environmental Plan Not Relevant

State Environmental Planning Policies The development was designed in accordance with State Environmental Planning Policy (Seniors Living) 2004. The design was based on the criteria for ‘Self-Contained Dwellings’. A Self-Contained Dwelling’ is defined in the instrument as follows; “In this Policy, a self-contained dwelling is a dwelling or part of a building (other than a hostel), whether attached to another dwelling or not, housing seniors or people with a disability, where private facilities for significant cooking, sleeping and washing are included in the dwelling or part of the building, but where clothes washing facilities or other facilities for use in connection with the dwelling or part of the building may be provided on a shared basis”.

The proposal has been assessed in relation to SEPP (Senior’s Living) and is considered to be generally compliant. The various design standards in relation to neighbourhood amenity and streetscape, visual and acoustic privacy and solar access have been adhered to. The design standards relating to access and usability (which are relevant at DA stage) require closer analysis and the criteria are set out below, following an analysis of the numerical site requirements under SEPP (Senior’s Living).

Numerical site requirements under SEPP (Seniors Living)

Required under SEPP (Senior’s Living) Proposed

Floor space ratio: 0.5:1 0.49:1

Minimum private open space: 15 square metres All dwellings meet or exceed this requirement. per dwelling.

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06-782 Seniors Housing Development- 6 Units B 393118 2 Ronald Street, Tenambit (Cont)

Landscaped area: 35 square metres per A total landscaped area of 211square metres is dwelling= Total: 210 square metres. proposed.

Car Parking: 3 spaces (1 visitor for 6 or less A total of four spaces are provided. dwellings and 1 resident per 5 dwellings)

Self-contained dwellings- Standards concerning access and usability

Development standard/criteria Demonstration of compliance

Siting standards: Dwellings must have All ground floor units have access to concrete wheelchair access by a continuous accessible paths which lead to both Ronald and Robert path of travel to an adjoining public road or an Street. internal road.

Access must be provided so that a person using All dwellings have access to concrete paths a wheelchair can use common areas and which lead to essential facilities, including common facilities associated with the letterboxes, bin storage areas and off-street development. parking facilities.

Letterboxes: Letterboxes must be located There are two letterbox locations, each serving together in one or more central locations, the two buildings. They are located centrally adjacent to street entry, and must be situated on along the street frontages and access is a hard standing area and have wheelchair permitted by paths which lead to them. access by a continuous path of travel.

Car Parking: Each car parking space must be Three of the four spaces provided exceed this not less than 6 metres by 3.2 metres. requirement.

Any garage/carport must have an internal The two carports that are proposed meet this clearance of at least 2.5 metres as measured design standard. from the FFL of the garage/carport and the height of the entry must be at least 2.3 metres.

Accessible entry: Every entry to a self-contained The entry points to all six dwellings have slopes dwelling must not have a slope that exceeds not greater than 1:40. 1:40.

Interior: General: Internal corridors must have a Internal corridors of all six dwellings comply. width of at least 1200mm.

Internal doors must have a clearance of at least The internal doors of all dwellings have 800mm and the width of door approaches must clearances which exceed 800mm and all door be at least 1200mm. approaches have been designed to equal or exceed 1200mm.

Living room and dining room: Living rooms must The living/dining rooms of all six dwellings have have a circulation space of at least 2250mm in provision for a circulation space equating to or

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06-782 Seniors Housing Development- 6 Units B 393118 2 Ronald Street, Tenambit (Cont) diameter. greater than 2250mm.

Kitchen: Kitchens must have a width of at least All kitchens have a width that exceeds 2700mm 2700mm and a clear space between benches of and clear spaces between benches exceeding at least 1450mm. 1450mm.

Kitchens must have door approaches of at least The door approaches for all six kitchens exceed 1200mm 1200mm and in most cases, the kitchens are adjacent to the main living areas of the units.

Main bedroom: At least one bedroom in the All main bedrooms have built-in wardrobes and dwelling must have an area sufficient to adequate space to accommodate queen size accommodate a wardrobe and a queen size bed beds with provision for clear areas of at least with a clear area of at least 1200mm wide at the 1200mm wide at the foot of the bed. foot of the bed.

Bathroom: Shower recesses must be a The dimensions of the shower recesses for all minimum of 1160mm by 1100mm. dwellings exceed this requirement.

Laundry: All dwellings must have a laundry that The dwellings have combined bathrooms and has provision for the installation of an automatic laundries which have provision for the washing machine and a clothes dryer and there installation of washing machines and clothes must be a clear space in front of appliances of dryers, in addition, clear spaces exceeding 1300mm. 1300mm are provided in all laundries.

All laundries must have an accessible path of Clotheslines/drying areas are provided for all travel to any clothesline provided in relation to dwellings and are easily accessible from the the dwelling. laundry areas.

Storage: All dwellings must be provided with a The dwellings will have two built-in cupboards linen cupboard that is at least 600mm wide. that can be used as linen cupboards.

Garbage: An outside garbage storage area Both buildings have separate garbage storage must be provided in an accessible location. areas, located in central locations.

Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition Council has not placed any draft environmental planning instrument on exhibition which applies to the type of development proposed or on the land on which it is sited. Section 79C(1)(a)(iii) any development control plan The City Wide Development Control Plan chapter- ‘Carparking’ applies to this development. It is specified that for housing for the aged or disabled for state owned self-contained units requires one off-street space per five (5) dwellings. In addition, visitor parking is required if there is more than eight (8) dwellings, however, this does not apply to the subject proposal, as there are only six (6) dwellings proposed.

The proposal is compliant in regards to car parking, as there are three (3) resident spaces proposed and one (1) visitor space. The development will therefore, exceed the requirements by two spaces.

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06-782 Seniors Housing Development- 6 Units B 393118 2 Ronald Street, Tenambit (Cont) Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph) There are no regulations prescribed that are relevant to the assessment of this application. Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality The development is likely to result in a number of minor, localised impacts on the natural and built environments. The development will impact on the natural environment, in that it will involve the removal of vegetation on the subject site. This vegetation is not considered as being significant and does not support any animal habitats. It will have subtle impacts on the built environment, as the lot is considerably visible from a number of directions, this impact is not considered to be negative as the development will integrate effectively with the residential surroundings.

Overshadowing from the development in relation to adjoining properties is minimal due to the orientation of the lots and the location of the two storey elements toward the street boundaries to maximise separation distances to adjoining dwellings.

Any social impacts that are caused by the development are likely to be positive as it is providing affordable long-term accommodation for seniors and the disabled in the local area. It is not likely that there will be any significant adverse economic impacts resulting from the proposal. Section 79C(1)(c) the suitability of the site for the development The site is considered to be highly suitable for the development. It will integrate effectively with stage one (1) of the development and is located on a corner lot, providing effective access and privacy for residents. In addition, the site is located along a bus route servicing nearby commercial localities. Section 79C(1)(d) any submissions made in accordance with this act or the regulations

Public Submissions The development application and accompanying information were placed on public exhibition for a period of 14 days from 30th March 2006 to 13th April 2006. As a result of the notification process, a total of 1 submission was received and is provided as Attachment 2 of this report.

The main issues raised by the objector are summarised below and comment provided: The development will have a negative visual impact on the surrounding residential area.

Planner’s Comment It is expected that the development will integrate effectively with stage one of the seniors development on the site and with the general context of the locality. It has been designed as two separate buildings to reduce bulk and overshadowing and the Page 37 ORDINARY MEETING AGENDA 13 JUNE, 2006

06-782 Seniors Housing Development- 6 Units B 393118 2 Ronald Street, Tenambit (Cont) scale and configuration of the buildings will be consistent with the surroundings. Variations in roof form and the combination of building finishes will result in a good architectural outcome which will contribute to the character of the area. There will be an increase in traffic flow as a result of the development.

Planner’s Comment As this proposal is for self-contained units for the aged, it is expected that the level of vehicle ownership by residents would be considerably low. Robert and Ronald Streets are capable of absorbing the relatively small traffic increase that this development is expected to cause. There will be on-street parking problems. Ronald and Robert Streets are narrow and with vehicles parked on either side of the road, traffic will be reduced to a one vehicle flow.

Planner’s Comment It is required (under City Wide DCP chapter-‘Car Parking’) that the development has two (2) off-street parking spaces, however, four (4) are provided. This surplus of spaces is considered adequate to cater for the parking needs of the development, particularly given the expected low level of vehicle ownership by residents. The construction period will result in parking, noise and dust problems for nearby residents.

Planner’s Comment It is likely that there will be increased pressure for parking on Ronald and Robert Streets during the construction period for the development. However, these streets are considered to be sufficiently wide to be able to absorb such an increase, without causing danger to motorists or pedestrians. The work hours for construction on the site will be limited by a condition of consent, effectively reducing the potential impact of noise. It should be noted that the construction period is short term and that there will be minimal post-construction impacts. The units will impact on the property values of surrounding residences.

Planner’s Comment There is no evidence of the existing Stage 1 units having any significant impact on the value of nearby properties and as such, the Stage 2 development should not lead to a reduction in local property values.

Submissions from public authorities

Section 79C(1)(e) the public interest The proposal is not considered to be in conflict with the broader public interest, as it will provide affordable long-term accommodation for the aged and disabled.

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06-782 Seniors Housing Development- 6 Units B 393118 2 Ronald Street, Tenambit (Cont)

FINANCIAL IMPLICATIONS The matter has no direct financial impact upon Council’s adopted budget or forward estimates.

POLICY IMPLICATIONS The matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS Statutory implications relating to assessment of the subject application have been addressed in the body of the report

CONCLUSION An assessment of the application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as amended. The proposed development is considered satisfactory in terms of the relevant matters for consideration under the Act and the development application is recommended for approval. Schedule of Conditions DA 06-782

Reason for Condition(s) The following condition(s) have been applied to the development, subject of this consent, to ensure that the development meets the requirements of the NSW Environmental Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment Regulation 2000, and the various policies and development controls of Maitland City Council and other government agencies relevant to the development being undertaken.

APPROVED PLANS AND DOCUMENTATION 1 The development shall be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule and any amendments arising through conditions to this consent or as shown in red colour on the plans:

Plan Ref: Plan No. Amend No. Date. Prepared By. 0545 D1 of 4 B 9/2/06 Paul Sinclair & Associates 0545 D2 of 4 B 9/2/06 Paul Sinclair & Associates 0545 D3 of 4 B 9/2/06 Paul Sinclair & Associates 0545 D4 of 4 B 9/2/06 Paul Sinclair & Associates

CONTRIBUTIONS/FEES

2 The payment of a monetary contribution in accordance with Council's policy adopted on the 11th April 2006, for the Provision of public amenities and services within the Maitland Local Government Area as follows:-

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06-782 Seniors Housing Development- 6 Units B 393118 2 Ronald Street, Tenambit (Cont)

City Wide 1. Recreation and Open Space $ 9960.00 2. Road and Traffic Facilities $18262.00 3. Cultural Services $ 3375.00 4. Community Services $ 7763.00 5. Cycleways/Shared Paths $ 713.00 6. Plan Management and Administration $ 603.00

TOTAL $40676.00

NOTE: The above rates are effective from 4th May 2006, and will be subject to inflation adjustment, calculated as at the date of payment. The method of adjustment shall be based on the Implicit Price Deflator (Total Public Gross Fixed Capital Expenditure) as published by the Australian Bureau of Census and Statistics. The above payment is to be made prior to the commencement of works.

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CERTIFICATES

3 Prior to the occupation of the development all conditions of development consent shall be complied with.

4 Prior to commencement of works, a certificate under Section 50 of the Hunter Water Act shall be submitted to Council.

DESIGN

5 All service pipes and vents shall be concealed within the external walls of the building. Access panels shall be provided in accordance with the requirements of the relevant authorities.

6 External clothes lines shall be provided at the rate of 10 lineal metres per dwelling/unit, or alternatively a mechanical clothes dryer provided to each dwelling/unit.

LANDSCAPING

7 All landscaped areas of the development shall be maintained at all times in accordance with the approved landscape plan(s). The landscaped areas shall be kept free of parked vehicles, stored goods, garbage or waste material.

8 Trees exceeding 3 metres in height or having a branch spread of 3 metres or more in diameter shall not be removed from the subject land unless: i) The removal is essential to accommodate the buildings, driveways, landscaping and drainage works associated with the approved development; or ii) Consent to the removal of the tree(s) has been granted by Council in accordance with Clause 29 of the Maitland Local Environmental Plan 1993.

CARPARKING

9 Car parking for the development shall be provided in accordance with the approved plans, providing: Two (2) spaces required to be covered.

10 All driveways, parking areas and vehicles turning areas shall be constructed with a bitumen or segmental paver surface (on a granular pavement base), or as reinforced concrete.

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06-782 Seniors Housing Development- 6 Units B 393118 2 Ronald Street, Tenambit (Cont) 11 All parking bays and vehicle manoeuvring areas shall be clearly delineated. “Visitor parking” spaces shall be signposted.

VEHICLE ACCESS

12 Driveway profiles that comply with Council’s standard drawings SD009 & SD011, (based on examples SD062 & SD063), being compatible with the site’s drainage system, shall be approved prior to construction.

13 Prior to construction of the driveway crossing on the public footway verge and connection of the stormwater drainage to the street drainage pit, an application form – “Application To Construct Private Works On Footway” – shall be submitted to and be approved by Council, together with the appropriate fee.

14 Prior to Occupation the driveway(s), from the road pavement to the vehicle parking area shall be constructed, in accordance with Council’s standard drawings SD005, SD006, SD009, SD010, SD011 & SD014, with reference to Council’s information document “Footway Crossings (Driveways)”.

15 Prior to Occupation broom finished concrete footpath paving 1.2m wide is to be constructed over both street frontages of the property in accordance with Council’s standards drawings SD009 and SD019.

16 The existing redundant laybacks and/or driveways shall be removed, and kerb and footway, reinstated.

STORMWATER DRAINAGE

17 Prior to commencement of works, a detailed stormwater drainage plan, providing On-Site Detention (OSD) of stormwater, and designed in accordance with Council’s Manual Of Engineering Standards, shall be approved. The design shall be based on the concept plan by McCallum Hydraulics number STW-01 revision 2 dated 09/02/06.

18 Prior to Occupation, the stormwater On Site Detention system(s) shall be constructed in accordance with the approved plans. Any variation to the works shall be approved by the designer, and a copy of Work- As-Executed drawings shall be submitted to Council with the certificate.

19 Final discharge of collected stormwater runoff shall be piped to the street drainage pit and completed to Council’s satisfaction. Council will conduct quality control inspections during connection to the pit in order to ensure compliance with Council’s construction standards.

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06-782 Seniors Housing Development- 6 Units B 393118 2 Ronald Street, Tenambit (Cont) EROSION CONTROLS

20 The property shall be protected against soil erosion, such that sediment is not carried from the construction site by the action of stormwater, wind or “vehicle tracking”.

BUILDING CONSTRUCTION

21 All building work shall be carried out in accordance with the provisions of the Building Code of Australia (BCA).

SITE REQUIREMENTS

22 All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards and must be properly guarded and protected to prevent them from being dangerous to life or property.

23 All excavated and/or filled areas are to be retained or battered and suitably drained so as to prevent any subsidence of the area and constructed so as to deny any flow of water into or around the building or neighbouring buildings or onto neighbouring land.

Where a retaining wall is planned for this purpose and such wall exceeds 1.0 metres in height at any point from finished ground level, plans and specifications of the construction shall be approved by council before works commence. Plans and specifications of retaining walls greater than 1.0 metres in height must be certified by a practicing professional engineer. Note: The submission of a separate Development Application is not required for a retaining wall associated with this approval and indicated on the approved plans.

24 If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made: (i) Must preserve and protect the building from damage, and (ii) If necessary, must underpin and support the building in an approved manner, and (iii) Must, at least seven (7) days before excavating below the level of the base of the footings or a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this condition, whether carried out on the

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06-782 Seniors Housing Development- 6 Units B 393118 2 Ronald Street, Tenambit (Cont) allotment of land being excavated or on the adjoining allotment of land. (Includes a public road and any other public place).

25 The applicant is required to notify Council in writing prior to commencing building operations, of any existing damage to kerbing and guttering and/or footpath paving associated with the subject Lot. The absence of such notification signifies that no damage exists and the applicant shall therefore be liable for the cost of the repair of any damage to kerbing and guttering or footpath paving which may be necessary after completion of the building operation.

26 A temporary toilet shall be provided on site from the time of commencement of building work to ensure that adequate sanitary provisions are provided and maintained on the building site for use by persons engaged in the building activity. The number of toilets provided shall be 1 toilet per twenty persons or part thereof employed on the site. The temporary toilet is to be connected to the sewerage system or an approved septic tank or otherwise may be a chemical toilet supplied by a licensed contractor.

27 Unless otherwise approved by Council in writing, all building work shall be carried out between the hours of: a. 7.00am to 6.00pm Monday to Friday b. 7.00am to 5.00pm Saturday Any work performed on Sunday’s or Public Holidays that may cause offensive noise, as defined under the Protection of the Environment Operations Act, is prohibited.

28 All waste shall be contained within a secure enclosure or bin.

29 Waffle pods used in the construction of the building shall not be delivered to the site unless wrapped or securely tied. The waffle pods are to be secured on-site to prevent scattering by wind. Off-cuts and unused pods must be wrapped in plastic or similar material and removed from the site immediately upon completion of slab construction.

30 All building materials, plant and equipment shall be contained wholly within the development site.

31 The Principal Contractor (or Owner/Builder) shall erect a sign in a prominent position on the site (not attached to any tree) identifying the name, address and telephone number of the Principal Certifying Authority (PCA) for the work. The sign shall also display the name, address and telephone number of the Principal Contractor for the work (or Owner/Builder) and shall state that unauthorized entry to the site is prohibited. The sign must be maintained while the work is being carried out and is to be removed when the work is completed.

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06-782 Seniors Housing Development- 6 Units B 393118 2 Ronald Street, Tenambit (Cont) 32 The site shall be cleared of all building refuse and spoil immediately upon completion of the building. ADVICES

A Prior to submitting an application for an Occupation Certificate the applicant should ensure that all relevant conditions of development consent have been complied with.

B You are advised that in regard to potential soil erosion from the construction site, such pollution of the environment is an offence under the Protection Of the Environment & Operations (POEO) Act and may incur infringement fines.

C You are advised that damage to existing roads (including footpaths and kerb/gutters) and drainage as a result of construction works may incur rectification costs.

D You are advised, that upon possible future subdivision of the development, easements for stormwater drainage systems and restriction on the title regarding their maintenance, may be required.

E You are advised that further consent for a driveway across the footway verge must be obtained. Inspections of works (eg formwork & reinforcement MUST be carried out by Council. (See Council’s “Application To Construct Private Works On Footway”). You should contact Council (ph. 49 34 9700), giving at least 24 hours notice for inspections.

F The property owner should note/be advised, that the issue of this development consent does not amount to a release, variation or modification by Council of any covenant applicable to this property and that any action taken by the applicant in accordance with the consent which results in any loss or damage by way of breach of the covenant will not be the responsibility of Council.

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06-782 Seniors Housing Development- 6 Units B 393118 2 Ronald Street, Tenambit (Cont)

Officers Reports

06-782 SENIORS HOUSING DEVELOPMENT- 6 UNITS LOT B DP393118, 2 RONALD STREET, TENAMBIT

Locality Plan

Meeting Date: 13 June 2006

Attachment No : 1

Number of Pages : 1

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06-782 Seniors Housing Development- 6 Units B 393118 2 Ronald Street, Tenambit (Cont)

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Officers Reports

06-782 SENIORS HOUSING DEVELOPMENT- 6 UNITS LOT B DP393118, 2 RONALD STREET, TENAMBIT

Development Plans

Meeting Date: 13 June 2006

Attachment No : 2

Number of Pages : 5

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Officers Reports

06-782 SENIORS HOUSING DEVELOPMENT- 6 UNITS LOT B DP393118, 2 RONALD STREET, TENAMBIT

Submissions

Meeting Date: 13 June 2006

Attachment No : 3

Number of Pages : 2

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9.2.2 DA06-337 TEMPORARY USE - EQUESTRIAN EVENT LOT 332 DP 105437 AND LOT A DP 431719, 396 ANAMBAH ROAD, ANAMBAH. RECOMMENDATION: APPROVAL

File No: PA06-337 Attachments: Locality Plan Site Plan Submissions

Responsible Officer: David Simm Manager Development and Environment Author: Maryanne Raines Town Planner Applicant: Ranch Riding Club Proposal: Temporary Use - Equestrian Event Location: 396 Anambah Road Zone: 1(a) Prime Rural Land and 1(b) Second Rural Land

EXECUTIVE SUMMARY Development consent is sought from Council for Temporary use - Equestrian Event at 396 Anambah Road, Anambah. The subject land is zoned 1(a) prime Rural Land and 1(b) Secondary Rural Land under Maitland Local Environmental Plan, 1993.

A two day equestrian event is to be held within the Maitland Local Government Area over the weekend of the July 8th and 9th 2006. Day 1 events shall be held at the Maitland showground with the day 2 cross country component being held at “Carrols Ranch”, being the development in respect of which this development application is lodged.

Clause 47 of the Maitland Local environmental Plan 1993 allows Council to consider a temporary development on land notwithstanding any other provision of the plan, for a maximum of 28 days whether consecutive or non consecutive in any one year. This proposal seeks consent to hold an equestrian event on the 9th July 2006 and meets the standard posed by clause 47.

The application was placed on public exhibition for a period of 14 days from 2nd March 2006 to16th March 2006 for a Biannual Event. The application was subsequently amended by the applicant seeking consent for a Temporary Use – Equestrian Event to be held on the 9th July 2006. Due to the amendment to the application the application was again placed on public exhibition11th May 2006 to 29th May 2006. Two (2) letters of support and four (4) letters objecting to the proposal were received as a result of the notification process. The issues raised in the objections related to noise, traffic, safety, privacy, dust, etc.

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06337 Temporary use - Equestrian Event 332 105437 396 Anambah Road, Anambah. (Cont)

The event shall run for one day and the potential impacts can be minimised through conditions of consent. Council has previously issued a time limited consent via DA05-1692 on 5th July 2005 for a Temporary Use- Equestrian Event which was held over one day.

The use of “Carrols Ranch” for public equestrian related activities on an ongoing basis has been a matter of concern to adjoining owners for some time. Council are continuing discussions with Mr Carrol in an effort to clarify the terms of the original development consent applying to the land and seek a further development application for activities not covered by the original consent.

OFFICER'S RECOMMENDATION THAT DA06-337 for Temporary use - Equestrian Event on Lot 332, DP 105437 and Lot A DP 431719, 396 Anambah Road, Anambah be approved, subject to the conditions of consent set out in the attached schedule.

REPORT

INTRODUCTION The subject site comprises Lot 332, DP 1054837 and Lot A, DP 431719 and has an approximate area of 69 hectares. The land has frontage to the Hunter River and has been cleared of significant vegetation. The site has access to Anambah Road via a right of carriageway. The right of carriageway is of gravel construction and also provides access from Anambah Road to Lot 330, DP 1054837 and Lot 331, DP 1054837.

BACKGROUND Council granted development consent for a “Rural Residence and Managers Residence, Steel Sheds and Stables” on the 26th August 2003 and “Temporary Use – Equestrian Event” on the 5th July 2005. The property is presently being utilised for horse related activities.

PROPOSAL Consent is sought for an Equestrian Event to be held on the 9th July at the above mentioned property. A two day equestrian event is proposed to be held within the Maitland Local Government Area with Day 1 to be held at Maitland Showground and Day 2 cross country event shall be held at “Carrols Ranch” at 396 Anambah Road.

The cross country event shall commence with the first rider on the course at 9am and this is likely to require the first competitor to arrive at the venue around 7:30 am. The last rider shall be on the course by around 4:30pm given intervals within the program, presentations are expected to be completed by 5pm with most competitors leaving progressively throughout the day as they complete their individual events.

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06337 Temporary use - Equestrian Event 332 105437 396 Anambah Road, Anambah. (Cont) It is anticipated around 100 riders and 200 spectators shall attend the site over a 9 hour period.

Access to the site is provided by a gravel right of way from Anambah Road. Traffic control will be provided at the entry to the site to ensure proper and safe vehicle movement and as required in the onsite parking area to minimise any conflict between pedestrians and vehicles. The road surface is presently in a satisfactory state of repair however a water cart shall conducting regular watering of the road in order to minimise dust generation. Parking shall be contained within the site as identified in Attachment 2 (site plan).

The property owners shall ensure that ambulance and ambulance officers will be on site for the duration of the event to assist as required. Portable toilets and a licensed food vendor will be provided onsite.

Potential noise sources associated with the event include traffic utilising the right of way and a PA system intended to announce competitors and other information at the venue. The applicant has provided a Noise Impact Assessment as part of the submitted Development Application.

PLANNING ASSESSMENT The proposal has been assessed under the relevant matters for consideration detailed in Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as follows:

Section 79C(1)(a)(i) provisions of any environmental planning instrument

Local Environmental Plan Clause 47 of the Maitland Local Environmental Plan 1993 states:

What special provisions apply to the temporary use of the land?

Not withstanding any other provision of this plan, the Council may grant consent to carrying out of development on land for any purpose (not being designated development) for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year.

Consent is sought for an equestrian event to be held on the subject property on the 9th July 2006. The event shall be conducted over one day and therefore meets the standard as proposed by clause 47 of the Maitland Local Environmental Plan 1993.

Regional Environmental Plan Not relevant.

State Environmental Planning Policies Not relevant

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06337 Temporary use - Equestrian Event 332 105437 396 Anambah Road, Anambah. (Cont) Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition Not relevant Section 79C(1)(a)(iii) any development control plan Maitland City Wide Development Control Plan Chapter Advertising/Notification of Development Applications.

The subject development application was notified in accordance with Maitland City Wide Development Control Plan Chapter Advertising/Notification of Development Applications. The submissions received in relation to the proposal shall be discussed further under the heading of Section 79C (1)(d) of the report. Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph) Not Relevant Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality Traffic

Access to the site is via an existing right of way from Anambah Road. The right of way is presently an unsealed gravel road. The New England Highway and Anambah Road have ample capacity to accommodate additional traffic generated by the equestrian event. The access point to the site allows safe turning and adequate sight distance.

A site inspection revealed the road surface of the right of way was in a satisfactory state of repair with off road passing bays appropriately located along the length of the right of carriage way. Traffic control shall be provided ensure safe vehicle movement and to minimise any conflict between pedestrians and vehicles. Temporary event signage is to be provided on Anambah Road and at the intersection of the Right of Way and Anambah Road. Parking shall be contained within the site as identified in Attachment 2 (Site Plan).

Dust

The right of way is presently in satisfactory condition however a water cart shall conducting regular watering of the road in order to minimise dust generation. It is recommended a condition be placed upon the consent requiring the use of a water cart or the like for the duration of the event as required. Due to the short duration of the event dust impacts shall be minimal.

Noise

Potential noise sources include traffic utilising the right of way and a public address (PA) system. The applicant has identified the PA system as being a possible noise source and has proposed the following measures be implemented for the instillation and usage of the PA system:

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06337 Temporary use - Equestrian Event 332 105437 396 Anambah Road, Anambah. (Cont) 1. The PA must only be used for instructions to competitors, introductions, result summaries etc, and must not be used for commentaries. 2. Speakers are to be directed inwards to the arena/spectator area and away from residential areas. 3. Horn units are to be directed downwards at 45 degrees from the horizontal and no more than 2400mm above ground level. 4. The most suitable speaker locations and orientations should be noted and permanent fixing points installed. For example, immovable threaded sockets may be positioned in desired locations. 5. Once installed, speaker output should be calibrated by physical measurement to the limiting SPL of 66dB(A) at a distance of 5 metres. 6. Speaker volume should be controlled by incorporating governors or limiting circuits to restrict output to the pre determined level. 7. Speakers are to be installed only in marshalling/spectator areas.

The applicant’s acoustic report has also recommended the following measures be implemented:

1. A noise management program. The proposed program shall enable noise control strategies to be implemented as listed in the acoustic report, where required. 2. Residents to be notified of the intended event time table and notified of any changes; and 3. For louder activities to be restricted late morning and afternoon in order to minimise noise.

It is proposed the recommendations contained within the Noise Impact Assessment prepared by Reverb Acoustics on behalf of the applicant be imposed via a condition of consent.

Onsite camping shall be prohibited to limit the potential for offensive noise being emitted.

Safety

Ambulance officers and an ambulance shall be onsite for the duration of the event to assist if medical attention is required.

Waste

Waste services are presently undertaken by a private waste removal company, with collection occurring once a week. The property owners have twelve (12) 240 litre portable garbage bins that shall be distributed around the site on the day of the event. Portable toilet facilities provided by a contractor are to be located onsite for the convenience of attendees.

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06337 Temporary use - Equestrian Event 332 105437 396 Anambah Road, Anambah. (Cont) Section 79C (1)(c) the suitability of the site for the development There are no site constraints that would deem the site unsuitable for the proposed development. The event is of a rural nature and shall be held in an appropriate rural location. Section 79C(1)(d) any submissions made in accordance with this act or the regulations The development application was required to be advertised and notified under the provisions of Council’s City Wide Development Control Plan Chapter Advertising/Notification of Development Applications.

Public Submissions

The development application and accompanying information were placed on public exhibition for a period of 14 days from 2nd March 2006 to 16th March 2006. The application was amended to temporary use equestrian event therefore the application was place on public exhibition for a further period of 14 days from 15th May 2006 to 29th May 2006. As a result of the notification process, a total of four (4) submissions objecting to the proposal and two (2) letters of support were received and are provided as Attachment 3 of this report.

The main issues raised by the objectors are summarised below and comment provided:

Dust impacts upon pasture, existing dwellings, drinking water, stock water and garden water.

Planners Comment

The proposed consent conditions shall require the applicant to suppress dust generated by traffic upon the right of carriageway by means or watering or the like for the duration of the event. The applicant has stated a water cart shall water the road regularly in order to minimise dust generation. This method is considered an effective management technique. The event shall operate for the period of one (1) day therefore dust impacts upon adjoining lands shall be minimal.

Noise

Planners Comment

The applicant has undertaken an acoustic report which has recommended implementing certain strategies to minimise noise impacts upon adjoining land owners as discussed previously under section 79C(1)(b) of the report. The consent is proposed to be conditioned for the applicant to adhere to the recommendations of the submitted acoustic report. In order to minimise the potential for offensive noise occurring onsite camping shall be prohibited.

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06337 Temporary use - Equestrian Event 332 105437 396 Anambah Road, Anambah. (Cont) Privacy of adjoining owners shall be invaded by the intensified use of the Right of Carriageway.

Planners Comment

The dwellings that front the right of carriageway are setback approximately a minimum of 240 metres from the right of carriageway. The setback is regarded as sufficient to maintain adequate levels of privacy.

Continuing unlawful use of the land for equestrian events.

Planners Comment

Council has sought legal advice regarding the use of the subject land and is presently discussing these ongoing issues with the applicant.

This type of event is not in keeping with the character of the local area and shall impact upon neighbour’s lifestyles.

Planners Comment

The development is a proposed equestrian event in a rural area, which is typical rural land use. The subject event shall operate for the period of one (1) day; therefore due to the short duration of the event impacts upon adjoining owners shall be minimal. Appropriate conditions of consent are proposed to be applied to the subject development to alleviate noise, amenity and traffic impacts.

The Right of Carriageway is not designed to carry such traffic movements or to be utilised for a commercial purpose.

Planners Comment

The right of carriageway forms a legal access point to Lot 332 DP 1054837 (“Carrols Ranch”). The right of carriageway does not limit the number of vehicles, which can utilise the road to access the subject property. The intention of the right of carriageway may not have been to service such events but never the less the right of carriageway does form a legal access point to the subject land. The use is temporary in nature and will give rise to increased traffic generation for the period of one (1) day. The proposed consent conditions are considered to minimise impacts upon adjoining landowners.

In relation to a commercial activity being undertaken upon the subject land, Council has not granted consent for the land to be utilised for a commercial purpose.

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06337 Temporary use - Equestrian Event 332 105437 396 Anambah Road, Anambah. (Cont) Access to Anambah Road is not designed to accommodate for the proposed level of traffic and is unsafe.

Planners Comment The right of carriageway has provided off road passing bays along the length of the right of carriageway and is in a satisfactory condition. As discussed previously under 79C(1)(b) the applicant shall have a traffic control management plan which will be implemented upon the day of the event. Signage shall be erected along Anambah Road and the right of carriageway alerting motorists of the changed traffic conditions ahead.

Access to Lot A DP 431719 should not be burdened upon the existing Right of Carriageway.

Planners Comment

Lot 332 DP1054837 has legal access to the right of carriageway and is in the ownership John Carrol. The adjoining allotment Lot A DP 431719 is presently vacant is in the ownership of Edgeworth Securities which John Carrol is the sole director and secretary of the company. Lot A has no direct access, road frontage or access to a right of carriageway. This allotment is presently accessed via Lot 332; this arrangement is regarded as satisfactory. Section 79C(1)(e) the public interest The proposed development is for a “one off” equestrian event in a rural area, which is considered an acceptable use in the locality. It is unlikely that the event would be detrimental to the broader public interest.

FINANCIAL IMPLICATIONS This decision has no direct financial impact upon Council’s adopted budget or forward estimates.

POLICY IMPLICATIONS This application has no specific policy implications for Council.

STATUTORY IMPLICATIONS Statutory implications relating to assessment of the subject application have been addressed in the body of the report

CONCLUSION An assessment of the application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as amended. The proposed development is considered satisfactory in terms of the relevant matters for consideration under the Act and the development application is recommended for approval.

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SCHEDULE OF CONDITIONS

Schedule of Conditions DA 06-337

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.

APPROVED PLANS and DOCUMENTATION 1 The proposed development shall be carried out in accordance with the stamped approved plans and documentation, and any amendments to those plans arising through conditions of this consent. 2 No building or facility shall be used or occupied where development consent has not been granted for the construction of that building or facility. and where a satisfactory final inspection has not been performed. 3 Food vending vehicles and/or temporary food premises shall be operated within the requirements of the National Code for Food Vending Vehicles and Temporary Food Premises. Any temporary Food Vending Facility may be the subject of inspection by Council’s Officers. 4 Overnight camping on the site is prohibited. 5 A copy of the RTA Accredited Traffic Controllers Certificate in the name of the proposed traffic controllers shall be submitted to Council prior to the event to ensure that the person controlling the traffic is appropriately qualified. 6 The applicant is to acquire and maintain public liability insurance for the event, which includes a specific reference to Council and the allotments burdened by the Right of Way in respect of the use of the Right of Way. A copy of such insurance is to be provided to Council prior to the event. 7 The event shall only operate between the hours of 7.30am and 5pm on the 9th July 2006. AMENITY 8 Vehicles being loaded or unloaded are to stand wholly within the premises.

9 The applicant shall minimise offensive noise impact upon adjoining properties as defined under the Protection of the Environment Operations Act, 1997. NOISE 10 The recommendations as contained within the Noise Impact Assessment prepared by Reverb Acoustics, dated January 2006 shall be implemented.

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06337 Temporary use - Equestrian Event 332 105437 396 Anambah Road, Anambah. (Cont) VEHICLE ACCESS 11 Car parking for the development shall be provided in accordance with the approved plans. TRAFFIC 12 The gravel pavement shall be watered (or by an equivalent means) during the event to suppress dust generation, throughout the traffic generating activities.

ADVICES A You are advised that in regard to potential soil erosion from the development site, such pollution of the environment is an offence under the Protection Of the Environment & Operations (POEO) Act and may incur infringement fines.

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Officers Report

DA 06-337 TEMPORARY USE - EQUESTRIAN EVENT LOT 332 DP105437 AND LOT A DP431719, 396 ANAMBAH ROAD, ANAMBAH.

Locality Plan

Meeting Date: 13 June 2006

Attachment No : 1

Number of Pages : 1

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Lot A DP431719

Lot 332 DP105437

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Officers Report

DA 06-337 TEMPORARY USE - EQUESTRIAN EVENT LOT 332 DP105437 AND LOT A DP431719, 396 ANAMBAH ROAD, ANAMBAH.

Site Plan

Meeting Date: 13 June 2006

Attachment No : 2

Number of Pages : 1

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Officers Report

DA 06-337 TEMPORARY USE - EQUESTRIAN EVENT LOT 332 DP105437 AND LOT A DP431719, 396 ANAMBAH ROAD, ANAMBAH.

Submissions

Meeting Date: 13 June 2006

Attachment No : 3

Number of Pages : 22

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9.2.3 DA 00-1503 SECTION 96 MODIFICATION OF DEVELOPMENT APPLICATION – REARRANGEMENT OF HANGAR DESIGN AND CHANGE TO COMMUNITY OPERATIONAL UNDERTAKING LOTS 1 - 4 DP 1018518, 604 NEW ENGLAND HIGHWAY, RUTHERFORD RECOMMENDATION: APPROVAL

File No: DA 00-1503 Attachments: Locality Plan Development Plans Submission

Responsible Officer: David Simm Manager Development & Environment Author: Rebecca Moroney Senior Town Planner Applicant: Royal Newcastle Aero Club Proposal: S96 Modification - Rearrangement of Hangar Design and change to Community Operational Undertaking Location: Rutherford Zone: 5(a) Special Uses

EXECUTIVE SUMMARY Development consent is sought from Council for Section 96 Modification of Development Application 00-1503 at 604 New England Highway, Rutherford. The subject land is zoned 5(a) under the provisions of the Maitland Local Environmental Plan, 1993.

The Section 96 Modification to Rearrange the approved Hangar Design and amend the Community Operational Undertaking is a permissible form of development in the 5(a) Special Uses Zone with Council consent and is consistent with the objectives of the zone.

OFFICER'S RECOMMENDATION THAT:

DA 00-1503 for a Section 96 Modification on Lots 1 - 4, DP 1018518, 604 New England Highway, Rutherford be approved, subject to the conditions of consent set out in the attached schedule.

BACKGROUND Council, at its meeting of 22 February 2005, granted approval to DA 00-1503 for the Erection of Two Aircraft Hangars to house 16 aircraft owned by Royal Newcastle Aeroclub members – and the sealing of an additional length of the

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Rutherford (Cont) existing 08/26 runway. Traffic movements on the Rutherford Aerodrome are to be restricted in accordance with the proposed “Community Operation Undertaking”. The “Community Operational Undertaking” clarifies traffic movements associated with the operation of the Rutherford Aerodrome.

Council is in receipt of a section 96 Application to Modify that consent to alter the hangar design and quantity and amend sections of the Community Operational Undertaking.

PROPOSAL It is proposed to modify the design of two of the large hangars that were approved by Council at its meeting of 22 February 2005 with four smaller hangars and one larger hangar. Each of the three small hangars will house up to three aircraft and one other smaller hangar is to house a corporate helicopter currently operating at the aerodrome. The larger hangar will primarily be used as a storage area for a number of helicopters according to seasonal demands. The proposed amendments will result in a minor increase in floor area.

These proposed changes will result in changes to the Community Operational Undertaking as follows:

Amend paragraph 7 and 8 as follows:

In addition to the airfield activities, the airport grounds are also used for the conduct of bushfire and fire brigade training coupled to the desire to reposition a range of bush fire fighting aircraft on the aerodrome. The other training activities organizations utilising the field at nil charge to the community include the police highway pursuit vehicle squad, Westpac Rescue Helicopter Service.

Other community groups include the Air League who are based on the property with Scout activity visits on occasions. The club has maintained a valuable contribution to the local economy. This will only continue if a sensible development policy is allowed to focus on the real purpose of the COU.

The following point to be included in paragraph 15: • Bush fire-fighting aircraft including helicopters that will follow the departure and arrival procedure indicated in the attached diagram.

The following point to be included in paragraph 30: • Fire fighting helicopters shall approach and depart the circuit over a wide non-residential corridor to the south of the aerodrome.

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00-1503 Section 96 Modification of Development Application Lots 1 - 4 DP 1018518, 604 New England Highway

Rutherford (Cont) PLANNING ASSESSMENT The proposal has been assessed under the relevant matters for consideration detailed in Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as follows:

Section 79C(1)(a)(i) provisions of any environmental planning instrument

Local Environmental Plan The subject land is zoned 5(a) Special Uses under Maitland Local Environmental Plan 1993. The proposed development is defined under the LEP as “Section 96 Modification to rearrange hangar design and amend Community Operational Undertaking” which is a permissible land use in the 5(a) zone with Council consent. The proposal is not considered to be inconsistent with the zone objectives.

Regional Environmental Plan Not Relevant

State Environmental Planning Policies Not Relevant Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition Not Relevant Section 79C(1)(a)(iii) any development control plan Not Relevant Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph) Not Relevant Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality There are no increased impacts associated with the proposed section 96 amendment. Section 79C(1)(c) the suitability of the site for the development Not relevant Section 79C(1)(d) any submissions made in accordance with this act or the regulations

Public Submissions The development application and accompanying information were placed on public exhibition for a period of 14 days from 27 April 2006 to 11 May 2006. As a Page 96 ORDINARY MEETING AGENDA 13 JUNE, 2006

00-1503 Section 96 Modification of Development Application Lots 1 - 4 DP 1018518, 604 New England Highway

Rutherford (Cont) result of the notification process, a total of 1 submission was received and are provided as Attachment A this report.

The main issues raised by the objectors are summarised below and comment provided: Both the AOS Noise Study and the Audit Report produced for Council make no reference to any helicopters based at the aerodrome nor is there any reference to any helicopter pilot training business operating from the aerodrome. This is contrary to the statement made by the RNAC that there has been helicopter pilot training operating from the airfield for 20 years (September minutes of Aerodrome Consultative Committee). Further information is required to determine if this is a commercial business setting up, how many movements this will generate, if this helicopter will use the new flight path, if this helicopter will be used for pilot training?

Planner's Comment A report regarding an audit of the operations of the Rutherford Aerodrome has previously been provided to Council (Council Meeting 28 October 2003). This report states “Pilot training has continued to operate from the site since its establishment and through various development consents is regulated ….. there are no specific regulations in place covering the number of flight movements, flight paths, designated runways or flight training circuit patterns”. This audit confirms the site is currently used for both approved training and commercial operations.

Large Helicopter Hangar to house several helicopters – is this a commercial operation, if so, it should be the subject of a separate development application, and depending on movements, may be Designated Development.

Planner's Comment Council acknowledges that helicopter facilities that have an intended use of more than 7 helicopter movements per week (including taking-off or landing), and are located within 1km of a dwelling not associated with the facility is considered to be Designated Development. Clause 35 of Part 2 of Schedule 3 of the EP&A Regulation 2000 requires the consent authority to determine if the alterations or additions are designated development.

It is considered that there will be no significant increase in the environmental impacts of the total development as the additional helicopter services are able to modify circuit entry and departure procedure from the south, well clear of residential development. The helicopter services that are additional include emergency aircraft for fire fighting purposes that are held in storage in readiness for transferral to various locations throughout Australia, as required. During exceptional occasions when these aircraft are required in areas proximal to Maitland, the helicopters are unlikely to the RNAC during the operation as the water and refuelling facilities are located closer to the scene.

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Rutherford (Cont) Submissions from public authorities Not Relevant Section 79C(1)(e) the public interest The provision of further capacity for emergency services in the locality is considered to be in the public interest and consistent with current public policy.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.

POLICY IMPLICATIONS This matter has no specific policy implications for Council.

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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Rutherford (Cont)

Officers Reports

DA 00-1503 SECTION 96 MODIFICATION OF DA – REARRANGEMENT OF HANGAR DESIGN & CHANGE TO COMMUNITY OPERATIONAL UNDERTAKING 604 NEW ENGLAND HIGHWAY, RUTHERFORD

Locality Plan

Meeting Date: 13 June 2006

Attachment No : 1

Number of Pages : 1

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Rutherford (Cont)

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Rutherford (Cont)

Officers Reports

DA 00-1503 SECTION 96 MODIFICATION OF DA – REARRANGEMENT OF HANGAR DESIGN & CHANGE TO COMMUNITY OPERATIONAL UNDERTAKING 604 NEW ENGLAND HIGHWAY, RUTHERFORD

Development Plans

Meeting Date: 13 June 2006

Attachment No : 2

Number of Pages : 12

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Rutherford (Cont)

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Rutherford (Cont)

Officers Reports

DA 00-1503 SECTION 96 MODIFICATION OF DA – REARRANGEMENT OF HANGAR DESIGN & CHANGE TO COMMUNITY OPERATIONAL UNDERTAKING 604 NEW ENGLAND HIGHWAY, RUTHERFORD

Submission

Meeting Date: 13 June 2006

Attachment No : 3

Number of Pages : 1

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Rutherford (Cont)

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9.2.4 WALKA WATER WORKS, OAKHAMPTON ROAD, MAITLAND

File No: P29133

Attachments (3) Draft Functions Schedule –Role and Responsibilities of Council, The Department of Lands and the Trust Draft Guidelines Proposed Section 355 Guidelines – Walka Water Works Reserve Management Committee Role and Responsibilities, Corporate Trust Manager & Section 355 Committee

Responsible Officer: Brad Everett Group Manager Service Planning and Regulation

Author: Lynn Morton Manager Community and Recreation Services

EXECUTIVE SUMMARY Council at its Ordinary Meeting in August 2005 considered a report on the Walka Water Works and resolved that a working party be formed to identify opportunities to further integrate the Walka Water Works operations with the Council’s Recreation and Tourism assets.

Pursuant to Council’s resolution a series of discussions have been held between Council Officers, the current Walka Water Works Trust Inc. and officers from the Department of Lands.

The purpose of this report is to recommend to Council a framework for the long term management of the Walka Water Works site facilitated through the transfer of the Walka Water Works operations from the current Walka Water Works Trust Inc to that of Council in its capacity as that of a Corporate Trust Manager in accordance with the provisions of the Crown Lands Act 1989 and the Crown Lands Legislation Amendment Act 2005.

The adoption of the recommended framework will give rise to an enhance strategic alliance with the Walka Water Works Trust by making possible a broader role for the Walka Water Works in meeting the passive open space and recreation needs of the City for the overall benefit of the Maitland Community.

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WALKA WATER WORKS, OAKHAMPTON ROAD, MAITLAND (Cont.)

OFFICER'S RECOMMENDATION THAT:

1. That Council agree to take on the role as the Corporate Trust Manager for the Walka Water Works operations in accordance with the provisions of the Crown Lands Act 1989 and the Crown Lands Legislation Amendment Act 2005. and in so doing adopt the management framework outlined in this report.

2. That the Department of Lands be advised of Council’s decision and be requested to advise on the necessary transitional arrangements.

3. That the Walka Water Works Trust Inc be advised of Council’s decision.

4. Council resolve to become a joint signatory to the Memorandum of understanding between the former Walka Water Works Trust Inc. and the Department of Lands and that Council’s General Manager be delegated authority to execute the document and negotiate the final transitional arrangements.

5. Council become a signatory to the Memorandum of Understanding between the Department of Lands and the current Walka Water Works Trust Members that the current Trust Members be appointed to serve on the Walka Water Works Reserve Committee up until one (1) month after the Local Government elections in 2008

6. Consideration be given in the framing of the 2006-07 Management Plan for matching funds to be made available to undertake the Plan of Management for the Walka Water Works site. The PoM will also address the issue of the boom gate.

7. Subject to Council taking on the role as the Corporate Trust Manager that Council write to the Department of Lands requesting deferral on repayments required on the $50,000 loan up until the year 2011.

REPORT Background:

The Walka Water Works is located at Scobies Lane, Oakhampton Heights. In 1984 the Minister for Lands declared that the 64.23 hectares of land was Crown Land and Reserved the land for “Preservation of Historical Sites and Buildings- Reserve No 97511” in accordance with the former Act.

In July 1986 the Minister appointed the Walka Water Works Trust as trustee over the Reserve.

In August 2005 Council was advised that it had received correspondence from The Walka Water Works Trust Inc in which it was requested that Council give Page 117 ORDINARY MEETING AGENDA 13 JUNE, 2006

WALKA WATER WORKS, OAKHAMPTON ROAD, MAITLAND (Cont.) consideration on an ‘in principle basis’ to the possibility of forming a strategic alliance in relation to the long term management and development of the Walka Water Works facility at Oakhampton.

The opportunity for Walka Water Works to be more strategically integrated into Council’s passive and active open space system has considerable merit. The benefits lie in the advanced level of development already in place at Walka, the diversity of its recreation facilities, its strategic location in relation to significant residential growth corridors and the savings to Council should foreshadowed passive recreation land acquisitions as identified in the Maitland Recreation and Open Space Strategy (2004) be minimised through an alliance with Walka.

It will also provides Council with a unique opportunity to consolidate and create a major recreation precinct for the City at Oakhampton through integration of the Walka Water Works site with that of the adjacent parcel of community land held by Council.

Report:

The inaugural meeting of the of the Working Party was held in late 2005 and involved Councilors, representatives from the current Walka Water Works Trust and officers from both the Department of Lands and Council.

The meeting considered a document tabled by the Department of Lands which outlined three potential management options. They are summarised as follows:

Option 1 - Maitland City Council (MCC) being appointed Corporate Trust Manager of Walka Water Works Crown Reserve Option 2 - Dissolve Current Trust Board and offer direct lease to MCC Option 3 - Maintain existing management structure.

Following due consideration of the three options the Working Party resolved to adopt a variation of Option 1 with the preferred management model being for Council to take on the role as the Corporate Trust Manager and that provision be made to retain a strategic alliance between Council and members of current Walka Water Works Trust Inc. through the appointment of a delegated committee under Section 355 of the Local Government Act (1993) to be known as the Walka Water Works Reserve Management Committee.

Subject to Council’s adoption of the proposed management framework it will be recommended that the current Trust Members be appointed to service on the Walka Water Works Reserve 355 Committee up until one (1) month after the Local Government elections in 2008.

MEMORANDUM OF UNDERSTANDING (MoU)

To facilitate the implementation of Option 1 a draft Memorandum of Understanding (MoU) has been prepared setting out arrangements between the Department of Lands, Walka Water Trust Inc. and Council concerning the management and operation of the Reserve. The draft MoU is supported by a draft Functions

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WALKA WATER WORKS, OAKHAMPTON ROAD, MAITLAND (Cont.) Schedule which clearly prescribes the role and responsibilities of Council, the Department of Lands and the Trust (Refer Attachment 1).

A second document ‘Draft Guidelines for proposed S355 Walka Water Works Reserve Management Committee’ has also been prepared; it prescribes the role and function of the proposed S355 Committee (Refer Attachment 2).

Briefly, Council as the Corporate Trust Manager will be responsible for the care control and management of the site and will appoint a S355 Committee to advise and assist Council in the development and review of its plans and policies and in the monitoring and evaluating of its performance. Attachment 3 provides a summary of the roles and responsibilities of both Council as the Corporate Trust Manager and the proposed S355 Walka Water Works Management Committee.

Copies of the Draft MoU including the supporting Draft Functions Schedule and Draft S355 Guidelines were issued to both the Department of Lands and the Walka Water Works Trust Inc for review.

ADVICE FROM THE TRUST:

The Trust has since conveyed their general agreement to the documentation requiring only minor amendments to the Draft S355 Guidelines as they relate to the tenure of Committee members. These changes have since been made and the documents reissued. A Special Meeting of the Trust was held on Wednesday 26 April at which it was resolved that:

“the Walka Water Works Trust accept the Memorandum of Understanding documents as presented to the meeting and write to Maitland City Council advising that the Trust has accepted and adopted the documents and requests that action be taken to finalise the arrangements.”

MEETING WITH THE DEPARTMENT OF LANDS

A meeting to review and discuss the MoU, financial and accountability issues was held with officers form the Department of Lands in April 2006. The following outcomes were agreed in principal subject to Council and Minister for Lands consideration and approval of same:

Ongoing Operating Costs - Financial Details and Agreements

Discussion centred on the issue of continued funding by the Department, existing financial commitments and the extent of contribution and or expenditure by Council.

Both Departmental and Council officers agreed that an understanding and review of the likely order of cost to manage and maintain the site is required prior to any decision being made on the level of subsidy and or expenditure to be incurred by either party.

In the absence of this information it was agreed that a Plan of Management (PoM) should be prepared for the site. The PoM should cover both the Walka Water

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WALKA WATER WORKS, OAKHAMPTON ROAD, MAITLAND (Cont.) Works site under the Crown Lands Act (1989) and the adjacent community Land held by Council at Oakhampton. The PoM for Council owned land is to be under the Local Government Act 1993 (as amended).

Subject to the Ministers’ and Council’s approval it is proposed that the funding for the preparation of the Plan of Management would be on a dollar for dollar basis (i.e. Council and the Department).

The PoM is to address:

• Preparation of a Master Development / Management Plan- including an assessment of recreation demand. • Asset –condition, assessment, and identification of works / priorities and costs. • Conservation Management – Implications and costs involved in developing and implementing Conservation Policies” identified in earlier documents – 1984, 1986 and 2004 • Management /Operational Business planning

It was agreed that subject to the outcome of the PoM and its adoption by the Minister that the Department would continue to fund an amount equivalent to that which was claimed for the 2005-06 budget i.e. $73,318 for a further two (2) years, (2008) and that the future financial arrangement between the new Corporate Trust (Council) and the Department would be negotiated in tandem with the preparation and finalisation of the PoM.

Outstanding Loans

The Department advised that the Trust had two (2) loans outstanding:

Loan for $9,000 – The Department advised that an amount of $1,000 remains outstanding on this loan, this amount is to be paid by the current Trust scheduled to be raised by invoice in December 2006.

Loan for $50,000 – The Trust had secured from the Department for second loan for the sum of $50,000, being a low interest loan (5%) over a period of 15 years. The Trust is required to commence servicing this loan effective as of November 2006, with repayments amounting to $3,300per annum. The loan is to serve as matching dollars for grant moneys received. It was agreed that Council should write to the Department seeking the Ministers deferral of loan repayments up until 2011.

Leases Licenses and other Arrangements

The Department confirmed:

Café Lease – is currently before the Minister, review and sign off on the lease will accord with the Department’s established policy, practices and procedures. The Lease is to run for a period of 12 months. The lease commenced 19 January 2006.

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WALKA WATER WORKS, OAKHAMPTON ROAD, MAITLAND (Cont.) Tenancy Agreement for Caretaker Cottage –forms part of the salary package for the Site Manager.

Licenses are yet to be drafted for the use of the water surface by Southern Cross Model Yacht Club and the Train Operations.

Asset Register

The need to undertake an audit of current assets on site and provide a condition assessment, an indication of likely costs to make good and a prioritised works schedule was identified. It was agreed that this work should be done as part of the PoM preparation and would inform discussions with the Department of Lands regarding the level of subsidy and or expenditure by Council.

Expansion of the Reservation

The site is Crown Land Reserved for the ”Preservation of Historical sites and Buildings – Reserve No. 97511 it was agreed that an application to the Minister to expand the Reservation to allow for a wider range of functions would be done as an outcome of the PoM process.

Removal of the Boom Gate

Discussion centred on the removal of the boom gate, whilst serving as an income stream the boom gate also served as a barrier to usage.

In tandem with the preparation of the PoM it was agreed that a review of the boom gate should be undertaken. Such a review should include the costs and benefits associated with the boom gate and other measures that could be put in place as an alternative. The likely order of cost for each party being $15,000.

NEXT STEP

As outlined earlier in the report the current Trust has formally advised Council of its preparedness to dissolve as current Trustees for the Walka Water Works Trust Inc and to accept the management framework as outlined in the Memorandum of Understanding documents.

Subject to Council’s consideration of the matter, it will be recommended that Council advise Department of Lands of it’s preparedness to take on the role of the new Corporate Trust Manager as outlined in the MoU and request the Department of Lands to progress the appointment process and advise of any transitional arrangements.

CONCLUSION:

The consolidation of the Walka Water Works site and that of the community land held by Council at Oakhampton achieved through accepting the current Walka Water Works Trust Inc's offer to enter a strategic alliance with Council is seen as both positive and visionary in that it provides Council with an opportunity to:

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WALKA WATER WORKS, OAKHAMPTON ROAD, MAITLAND (Cont.) • offset the shortfall of major passive open space and recreation areas within the City as identified in the Maitland Recreation and Open Space Strategy (2004).

• maximise the recreation potential of the Walka Water Works, while safeguarding and interpreting the heritage significance of the site.

• consolidate and create a major recreation precinct for the City at Oakhampton through the preparation of a management and master development plan that integrates the Walka Water Works site with that of the adjacent parcel of community land held by Council for the benefit of current and future generations.

FINANCIAL IMPLICATIONS Operational Performance 2005: A summary of financial performance for the Walka Water Works for the year 2005 is as follows:

Revenue: $106,250 Operating Expenditure $179,568 Nett Profit/ (Loss) ($ 73,318)

Notes:

Revenue:

Included in the revenue figure is an allocation of $25,000 contribution made by Council towards the operation of the site. Income from the boom gate - $30,000.

Nett Profit / (Loss)

To offset the $73,318 shortfall in the budget the Walka Water Works Trust Inc applied and were successful in obtaining funding assistance from the Department of Lands under the Public Reserves Management Fund (PRMF).

Ongoing Operational Subsidy

As outlined in the body of the report the meeting between Council and Departmental Officers discussed the issue of recurrent costs and agreed that before a decision could be made on the apportionment of costs that a review of the likely order of cost to manage and maintain the site was required.

Subject to the Ministers decision it is proposed that a PoM will be prepared, jointly funded by Council and the Department to inform this process. The MoU allows a period up to two years for the preparation and adoption of the PoM by the Minister.

Whilst the PoM is being prepared it is proposed subject to the Minister’s decision that the Department would continue to fund an amount equivalent to that which was claimed for the 2005-06 budget i.e. $73,318 for a further two (2) years (2008). and that the future financial arrangement between the new Corporate Trust

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WALKA WATER WORKS, OAKHAMPTON ROAD, MAITLAND (Cont.) (Council) and the Department would be negotiated in tandem with the preparation and finalisation of the PoM.

Funding for the Plan of Management:

Subject to the Ministers approval to jointly fund the preparation of the Plan of Management it will be recommended that Council make provision in the 2006-07 Management Plan to pay 50% of the cost of the plan preparation.

Removal of the Boom Gate:

In the 2005 budget the boom gate generated $30,000 in admission fees. Should Council wish to consider the removal of the boom gate it will be necessary to budget for the sum of $30,000 in the framing of the 2006-07 Management Plan.

Water Supply Charges:

Informal discussions are currently underway with Hunter Water Corporation regarding the supply of water to the site and associated costs. Council is advised that the Walka Water Works currently do not pay a contribution for the use of potable water used on site, should this practice cease to the future the cost impact on the operational budget would be significant. The outcome of the discussions with Hunter Water will be reported to Council should they be adverse.

Loan Repayments:

As noted in the body of the report the Trust has secured a low interest loan from the Department of Lands in the sum of $50,000 being matching dollars for grant moneys received. It will be recommended that Council seek deferral of repayments on the loan up until 2011. This matter should also be included as part of the discussions with the Department of Lands following completion of the PoM.

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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WALKA WATER WORKS, OAKHAMPTON ROAD, MAITLAND (Cont.)

Officers Reports

WALKA WATER WORKS, OAKHAMPTON ROAD, MAITLAND

Draft Functions Schedule –Role and Responsibilities of Council, The Department of Lands and the Trust

Meeting Date: 13th June 2006

Attachment No : 1

Number of Pages : 4

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Officers Reports

WALKA WATER WORKS, OAKHAMPTON ROAD, MAITLAND

Draft Guidelines Proposed Section 355 Guidelines – Walka Water Works Reserve Management Committee

Meeting Date: 13th June 2006

Attachment No : 2

Number of Pages : 14

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Officers Reports

WALKA WATER WORKS, OAKHAMPTON ROAD, MAITLAND

Role and Responsibilities, Corporate Trust Manager & Section 355 Committee

Meeting Date: 13th June 2006

Attachment No : 3

Number of Pages : 1

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WALKA WATER WORKS, OAKHAMPTON ROAD, MAITLAND (Cont.)

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9.2.5 PROPOSED REZONING OF LAND AT CORNER OF RIVER ROAD AND NEW ENGLAND HIGHWAY, WINDELLA

File No: RZ05003

Attachments: Map & Subdivision Layout Submissions

Responsible Officer: Monica Gibson City Strategist

Author: Debbie Gordon Project Planner

EXECUTIVE SUMMARY Council considered a report on 13 September 2005 for the rezoning of land located on the corner of River Road and the New England Highway, Windella, to allow rural residential subdivision. Council resolved at this meeting to prepare a draft Local Environmental Plan, consult with public authorities, and place the draft Plan on public exhibition.

The land is currently zoned 1(b) Secondary Rural Land under the provisions of Maitland LEP 1993. The draft Plan aims to rezone the land to part 1(c) Rural Small Holdings and part 7(c) Environmental Protection General to allow the land to be developed for a proposed 58 lot subdivision.

An environmental assessment of the proposal has been submitted and assessed. A development application for a 58 lot subdivision has also been submitted to Council and assessed concurrently with the rezoning proposal. Both the rezoning request and development application were advertised simultaneously to address the combined impact of rezoning and developing the land. The main issues raised relate to the retention of vegetation on site, potential visual impacts, noise impacts associated with traffic along the New England Highway and the neighbouring Rutherford Aerodrome, the suitability of access to the site from River Road, and the increase in traffic using the intersection with the New England Highway. A number of submissions were received during the exhibition process, which have been addressed in the report. The site is currently not sewered and a Sewer Servicing Strategy is to be provided in consultation with the Hunter Water Corporation prior to the release of any final plan of subdivision should the proposal proceed.

The rezoning request is now referred to Council for further consideration, recommending that the draft Plan to allow the land to be developed for rural residential subdivision be supported and referred to the Minister of Planning to be legally made.

OFFICER'S RECOMMENDATION THAT:

1. Pursuant to Section 68 and 69 of the Act, the draft Local Environmental Plan to rezone Lots 130 and 131 DP136187, Lot 1 DP248728 (closed Crown road), and unformed Crown road, corner of River Road and New England Highway, Windella, to rezone the land to part 1(c) Rural Small Holdings and part 7(c)

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Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.) Environmental Protection General under Maitland LEP 1993, be submitted to the Department of Planning with a request that the Minister make the Plan.

2. Development Application DA05-2619 for rural residential subdivision of the subject land be determined under delegated authority, subject to the satisfactory resolution of the issues relating to noise, visual and environmental protection.

BACKGROUND Council considered a report on 13 September 2005 in relation to the proposed rezoning. It was resolved to prepare and exhibit a draft Local Environmental Plan, and consult with the relevant government and public authorities. The initial report to Council addressed an environmental planning study prepared by PCB Environmental Planners, dated May 2005, for the subject land. The study provided an overview of the proposal and considered matters relating to visual impact, drainage, bushfire, utility services, and the amenity of the neighbourhood.

REPORT The land is identified as Lots 130 and 131 DP136187, Lot 1 DP248728 (closed Crown road), and unformed Crown road, corner of River Road and New England Highway, Windella. The land is owned by L & J McLeod, Maitland Sandblasting Pty Ltd, and part Crown Land, and has a combined total area of approximately 36 hectares. An application to close the remaining portion of the Crown road has been submitted to the Department of Lands. Confirmation of the Crown’s consent for the subdivision is required to be provided with the Development Application. A copy of the draft LEP map identifying the location of the site is provided in Attachment 1.

The land is currently zoned 1(b) Secondary Rural Land under the provisions of Maitland LEP 1993. It is identified as South Windella Investigation Area in the Maitland Urban Settlement Strategy and is suggested as a preferred site for rural residential development.

The land is proposed to be zoned part 1(c) Rural Small Holdings and part 7(c) Environmental Protection General by this proposed amendment. A Development Application for Integrated Development (subdivision) has also been submitted to Council seeking approval for a 58 lot rural residential subdivision (DA05-2619).

The land is vegetated along part of the New England Highway (NEH) frontage (southern boundary) and in the south eastern corner of the site (corner of River Road and the New England Highway). The environmental planning study submitted with the rezoning request identifies the vegetation as remnant native woodland covering an area of approximately 5ha. The vegetation is required to be protected and enhanced along the NEH frontage. The proposed 7(c) Environmental Protection (EP) General zoning boundary maintains a buffer approximately 110-150m wide from the southern boundary, covers an area of approximately 7ha and encompasses all of the native vegetation in the southern portion of the site. The 7(c) zone is considered to provide more flexibility in the use of lots that are not affected by vegetation rather than a 7(b) EP Buffer zone as was originally proposed.

The main issues identified in the assessment are addressed as follows:

ƒ Proximity to the Aerodrome The Maitland Aerodrome is located in close proximity to the east of the subject site. The subject land is currently affected by noise impacts from the adjacent aerodrome.

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Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.) The land is affected by the 15-20 Australian Noise Exposure Contour (ANEC), which was prepared in conjunction with Maitland City Council and the Royal Newcastle Aero Club for the Maitland Aerodrome. The noise contour map was adopted for the purposes of establishing an appropriate planning mechanism and buffer between the Aerodrome and potential future urban areas.

Both the applicant and the RNAC have confirmed that a Deed of Agreement is to be prepared between the applicant and the RNAC to extend the east-west Runway 08-26 by 200m towards the east, to provide a displaced threshold for the runway 26 approach. Preliminary mapping indicates that this will reduce the noise impact from the aerodrome on the proposed subdivision to outside the planning noise contour and within acceptable limits. It is still expected that residents within this area will experience some noise associated with the aerodrome operations similar to other land in Windella. The Obstacle Limitation Surface affecting the subject land will also be reduced by the extension of the runway towards the east.

A copy of the Deed of Agreement will be required to be provided to Council with the Development Application should the rezoning proceed, to ensure the works are undertaken. A Development Application has been approved by Council for the minor runway extension works in conjunction with a previous application for aircraft hangars submitted by the RNAC (LD001503). The conditions ensured that the use of the runway is restricted for use by the same aircraft as is currently permitted on the site.

ƒ Flora and Fauna

An eight part test (s5A EP&A Act 1979) was submitted with the rezoning request. The study identified the remnant native woodland as being consistent with Seaham Spotted Gum-Ironbark Forest (according to NPWS 2003 classification), due to the vegetation assemblage on site. It should be noted however that there were no Spotted Gum and only two Ironbarks observed on site. The area was also described as having similarities with Hunter Lowland Red Gum Forest, which is listed as a Threatened Community under the TSC Act 1995, and the Lower Hunter Spotted Gum – Ironbark Forest which is preliminary listed under the Act.

The remnant vegetation assemblage consists of tree species, with virtually no native understorey and a number of native ground species, mostly grasses. Due to the disturbance of the site the report suggests that it is difficult to confidently group the remnant assemblage, but any further development of the vegetated areas may need to consider the occurrence of a possible disturbed threatened community.

The area of remnant woodland was considered to provide limited foraging/hunting resources for many of the threatened fauna species assessed and potentially provide limited habitat for threatened plant species. The removal of the remnant vegetation on site may be viewed as being part of a Key Threatening Process. It is recommended that this be ameliorated through the retention of all of the remnant woodland. In addition it is recommended that dead wood and dead trees within this area be retained.

The proposed EP buffer area encompasses all of the remnant woodland area. The proposed subdivision plan intends to provide larger lots in this area and identifies building envelopes within the proposed 1(c) zone to ensure that disturbance to this remnant area is minimised. A Vegetation Management Plan is to be prepared in consultation with the Department of Environment and Conservation and provided with the Development Application to protect, enhance and rehabilitate the vegetation community identified on site.

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Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.) The remainder of the site is generally cleared except for landscaping associated with the two existing dwellings located on the site. Council’s Tree Preservation Order applies to the site. The proposed subdivision layout has taken into consideration the location of existing fencelines, trees and buildings. Every effort is to be made to retain all existing vegetation in the north of the site unless individual trees are specifically required to be removed to locate new boundaries.

ƒ Traffic and Access

Access is to be obtained from River Road towards the northern end of the site.

A traffic report submitted with the application recommends the upgrading of the existing intersection with the New England Highway to provide a seagull intersection (protected right hand turning lanes both in and out of River Road). Preliminary assessment of the Development Application indicates that auxiliary acceleration/deceleration lanes may also be required, which will be determined in consultation with the RTA at the DA stage.

It is proposed that the internal road servicing the future lots end at the western boundary of the development site to accommodate any future potential for expansion in this direction. This area has been identified as providing a buffer between the existing rural residential development within Windella and the future Lochinvar expansion currently being considered in the preparation of the Structure Plan. Whilst there are no long terms plans identified for the development of this area, the internal road will potentially provide a link between the rural land and a controlled access to the NEH (River Road) if required.

ƒ Services

The site is required to be serviced with both reticulated water and sewerage which is to be provided in conjunction with the new sewerage system for Lochinvar. Whilst the DLEP can proceed, the subdivision of the land cannot be released until the reticulated wastewater system is available, which is expected to be completed by late 2007/08.

ƒ Visual

The site is highly visible from the New England Highway (NEH) and is located in an area deemed to represent the gateway to the City of Maitland. The southern portion of the site is to be retained both for its visual and environmental significance, and will contribute towards a noise buffer for the future lots from the New England Highway. However there is limited vegetation along the western boundary and south western frontage of the site. It is recommended that extensive tree planting be undertaken in this location to improve the visual amenity of the site and assist in reducing the noise impacts from traffic on the NEH on the site.

A Section 88B Restriction As To User is also recommended to be placed on the subdivision to require a dense landscaping screen to be provided for a minimum depth of 40m. The location of the EP zone along the NEH frontage and the provision of building envelopes on the lots will assist to reduce potential development in this part of the site and encourage the area to be retained for landscaping.

Building envelopes are also proposed to be provided for lots in the north western part of the site to ensure that future buildings are not constructed along the ridgeline in the more prominent locations.

ƒ Noise

The subject land is affected by noise both from the NEH and the aerodrome. Page 149 ORDINARY MEETING AGENDA 13 JUNE, 2006

Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.) A traffic noise study was prepared which indicates significant traffic noise levels during the night from the NEH. Aircraft noise is experienced generally during daylight hours, which should be reduced with the proposed extension of the runway towards the west to displace the aircraft take-off and landings.

The road traffic study recommended the construction of a 1.8m high continuous noise barrier along the NEH frontage to minimise the impact of noise on future dwellings on the land. However due to the slope of the land up away from the highway, the construction of the barrier had minimal impact on the reduction of noise impacts upon the land and has the potential for adverse aesthetic impacts on the entrance to Maitland.

Whilst dwellings in close proximity to the highway along the southern portion of the land will experience traffic noise, it can be demonstrated that with appropriate dwelling design and construction, and vegetation screening for both acoustic and visual amenity, dwellings are capable of being located on each proposed allotment. Buildings will be required to be designed to minimise noise impacts upon them (mostly Category 2 Type construction) which will include window glazing (thick glass), orientation of noise insensitive areas such as the kitchen, storage areas and laundry toward the noise source, minimising the size and number of windows facing the noise source, and locating dwellings as far as possible from the noise source.

Any subdivision approval should require that potential owners are aware of noise impacts, and acoustic advice be sought for each individual building prior to construction. Council does not currently have any policy restricting development within noise affected areas.

ƒ Bushfire

The land was identified as Bushfire Prone Land in accordance with Council’s Bushfire Mapping. The NSW Rural Fire Service has granted a Bush Fire Safety Authority subject to conditions requiring the access roads to comply with Planning for Bushfire Protection 2001.

ƒ Cecily Reserve

Cecily Reserve is located on the ridgeline between part of the existing Windella rural residential subdivision on the western side of River Road and the proposed new development, with street frontage from Malia Crescent. It has an area of approximately 2.5ha and contains relatively new playground equipment and minimal landscaping. A pedestrian and maintenance vehicle access handle 6m wide is proposed to be provided from the subject land. It was not considered necessary or desirable to provide vehicular access to the reserve. Fencing along this access handle should remain open rural type fencing to increase visual surveillance of the reserve.

EXHIBITION The draft Plan was placed on public exhibition in conjunction with the development application (subdivision) and advertised in accordance with the requirements for integrated development. The proposal was exhibited from Thursday 23 February 2006 to Monday 27 March 2006. The development application had also previously been advertised during August and September 2005 identifying an alternative subdivision layout. Eleven (11) submissions were received in total for both advertising periods, raising concerns with the concept of future rural residential development in this location.

The main issues of concern are identified as follows:

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Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.) Traffic and Access • Traffic congestion – one access point to River Road from this subdivision and one access point to NEH servicing all of Windella • Safety concerns with current intersection standard – no merging lanes • Poor standard of River Road (uneven surface, potholes etc) and lack of kerb and guttering • Increase in traffic and buses using River Road • Unsafe location of proposed access from River Road • Problem with current intersection of River Road with Lerra Road (no signposting)

Comment: It is recommended that the intersection of River Road with the NEH be upgraded to provide protected right hand turning lanes, and may possibly also require left hand acceleration and deceleration lanes. The location of the access into the subdivision site from River Road is considered to be in the most desirable location providing adequate sight distance in both directions. River Road has been constructed and is maintained on an annual works plan by Council as a rural road (ie. with no street lighting or kerb and guttering). There is no current proposal to increase maintenance works in this location.

Lack of Services • Lack of street lighting, and services such as sewerage • Poor water pressure to service existing dwellings already • Lack of community facilities planned for the area • Power surges currently occur

Comment: Windella is identified as a rural residential area which ordinarily does not require the provision of all urban services. Hunter Water have advised that water and reticulated sewerage is to be provided to the proposed development. Energy Australia advise that adequate power supply is available to the site from River Road. There is no known reason for the power surges currently experienced by Windella residents.

Impact on Rural Amenity • Increased noise from additional residents in the area • Loss of views and rural amenity • Loss of trees and wildlife • Noise from aircraft and proximity to aerodrome • Narrow walkway to reserve will encourage vandalism and disturb adjoining neighbours

Comment: It is expected that existing residents adjoining the subject land will experience a change in the present environment however the potential increase in noise and loss of amenity is not expected to be significant. The proposal represents a rural residential subdivision of similar lot sizes as currently exists in Windella. Where possible, all vegetation existing on site will be maintained. It is proposed that a minor extension to runway 08/26 will be sought to reduce the impact of aircraft noise on the land. A 6m wide access has been provided to the adjoining Cecily Reserve and centrally located to cater for residents within this new area. Fencing along the pathway is to be open rural type fencing to maintain pedestrian safety. It is not expected that the provision or location of the access to the park will increase vandalism in the area.

Impact on Environment • Runoff from septic tanks • Lot sizes too small • Impact of odour from garbage plant proposed in Rutherford Industrial Area • Increase in surface, road and building water runoff onto adjoining properties • Clearing of vegetation Page 151 ORDINARY MEETING AGENDA 13 JUNE, 2006

Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.) Comment: The proposed subdivision is to be serviced with both reticulated water and sewerage to minimise impacts upon the environment. The lot sizes proposed are required to maintain a minimum size of 4000m2 with an average size of around 5500m2, consistent with surrounding rural residential development in the area. All road and building works will be required to implement adequate drainage controls to prevent increased runoff onto adjoining properties. The proposed subdivision has been designed to ensure that any clearing on site will be minimised.

Social Concerns • Reduction in property values • Conflict over fencing between properties • Dogs roaming • Request internal access to adjoining property to prevent dangerous access onto NEH

Comment: There is no evidence to suggest that property values in the area will be reduced as a result of this proposed development. Similarly any concerns that may arise between adjoining neighbours as a result of fencing or pets can only be addressed should the issue arise at a later time.

In relation to access through the development site for land adjoining the eastern boundary, it is proposed that provision be made for the possible future extension of the subdivision in this direction in the longer term. It is noted that a ROW exists along the western side boundary of the subject land over the land in question. Advice should be sought as to the potential for adjoining properties to use this ROW (Telstra access road) and then proceed through the new subdivision rather than exit directly onto the NEH. It is not considered desirable to provide an additional access point directly through to each adjoining parcel of land.

The proposed rezoning was referred to the following public authorities for advice: o Roads and Traffic Authority o Hunter Water Corporation o Energy Australia o Department of Lands (Crown Land) o Department of Environment and Conservation o Mindaribba Local Aboriginal Land Council o Royal Newcastle Aero Club

There are no unresolved concerns that have been raised during this consultation process.

FINANCIAL IMPLICATIONS There are no financial implications for Council in this instance.

POLICY IMPLICATIONS Council’s Urban Settlement Strategy identifies the land as Windella South Investigation Area and encourages rural residential development in this area as a consolidation of the existing rural residential enclave, subject to the resolution of issues relating to noise impacts, visual, environmental, and the provision of services. These matters are considered to have been satisfactorily addressed to allow the proposed rezoning to proceed.

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Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.) STATUTORY IMPLICATIONS The proposed rezoning and development application have been considered and the draft Local Environmental Plan prepared in accordance with the requirements of the Environmental Planning and Assessment Act 1979.

The draft Plan has been referred and considered by Parliamentary Counsel who have advised that the Plan may be legally made. The Department of Planning have also advised that Council has been granted delegated authority to proceed with the draft Plan pursuant to Section 69 of the Act and refer the final Plan preparation to Sydney upon support from Council.

Should the proposed rezoning be supported by Council and the Minister for Planning, it is recommended that the development application for the subdivision of the land will be determined by Council under delegated authority as the concerns raised during the exhibition process are being considered within the content of this report. It is considered that the issues relating to noise, visual impacts and environmental protection can be satisfactorily resolved through the inclusion of conditions on any development consent granted.

CONCLUSION Based on the information provided to Council and Council’s independent assessment of the studies, the proposed rezoning is considered to be satisfactory.

The southern portion of the site is to be retained both for its visual and environmental significance, and will contribute towards a noise buffer for the future lots from the New England Highway. Services are to be available to the land. An agreement has been reached between the current owners of the land and the neighbouring aerodrome to slightly extend the east-west runway to minimise noise from flight paths over the site.

The site is not affected by bushfire. The intersection servicing the site and surrounding development area is required to be, and is capable of being, upgraded to maintain a safe and efficient access.

It is recommended that the proposed rezoning be supported.

Page 153 ORDINARY MEETING AGENDA 13 JUNE, 2006

Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.)

Officers Reports

PROPOSED REZONING OF LAND AT CORNER OF RIVER ROAD AND NEW ENGLAND HIGHWAY, WINDELLA

Map & Subdivision Layout

Meeting Date: 13 June 2006

Attachment No : 1

Number of Pages : 2

Page 154 ORDINARY MEETING AGENDA 13 JUNE, 2006

Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.)

Page 155 ORDINARY MEETING AGENDA 13 JUNE, 2006

Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.)

Page 156 ORDINARY MEETING AGENDA 13 JUNE, 2006

Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.)

Officers Reports

PROPOSED REZONING OF LAND AT CORNER OF RIVER ROAD AND NEW ENGLAND HIGHWAY, WINDELLA

Submissions

Meeting Date: 13 June 2006

Attachment No : 2

Number of Pages : 18

Page 157 ORDINARY MEETING AGENDA 13 JUNE, 2006

Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.)

Page 158 ORDINARY MEETING AGENDA 13 JUNE, 2006

Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.)

Page 159 ORDINARY MEETING AGENDA 13 JUNE, 2006

Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.)

Page 160 ORDINARY MEETING AGENDA 13 JUNE, 2006

Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.)

Page 161 ORDINARY MEETING AGENDA 13 JUNE, 2006

Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.)

Page 162 ORDINARY MEETING AGENDA 13 JUNE, 2006

Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.)

Page 163 ORDINARY MEETING AGENDA 13 JUNE, 2006

Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.)

Page 164 ORDINARY MEETING AGENDA 13 JUNE, 2006

Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.)

Page 165 ORDINARY MEETING AGENDA 13 JUNE, 2006

Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.)

Page 166 ORDINARY MEETING AGENDA 13 JUNE, 2006

Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.)

Page 167 ORDINARY MEETING AGENDA 13 JUNE, 2006

Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.)

Page 168 ORDINARY MEETING AGENDA 13 JUNE, 2006

Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.)

Page 169 ORDINARY MEETING AGENDA 13 JUNE, 2006

Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.)

Page 170 ORDINARY MEETING AGENDA 13 JUNE, 2006

Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.)

Page 171 ORDINARY MEETING AGENDA 13 JUNE, 2006

Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.)

Page 172 ORDINARY MEETING AGENDA 13 JUNE, 2006

Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.)

Page 173 ORDINARY MEETING AGENDA 13 JUNE, 2006

Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.)

Page 174 ORDINARY MEETING AGENDA 13 JUNE, 2006

Proposed Rezoning of Land at Corner of River Road and New England Highway, Windella (Cont.)

Page 175 ORDINARY MEETING AGENDA 13 JUNE, 2006

9.2.6 AMENDMENT TO MAITLAND CITYWIDE DEVELOPMENT CONTROL PLAN - BOLWARRA/ LARGS

File No: 103/58

Attachments Locality Plan Draft Area Plan for Bolwarra/Largs

Responsible Officer: Leanne Harris Manager Strategic Services

Author: Monica Gibson City Strategist

EXECUTIVE SUMMARY The purpose of this report is to recommend that the Bolwarra/ Largs area plan be amended to identify an appropriate integrated road layout for land east of Largs Avenue. An amendment to the area plan is necessitated by the recent lodgement of a development application to subdivide existing zoned, but undeveloped 2(a) Residential land in the Largs area.

Provision for and recognition of the need for future connection to the Largs Preferred Rural Residential Investigation Area is also made in the draft revised area plan, however development of this Investigation Area is subject to the satisfactory rezoning of the land. The possible zoning for the Investigation Area is being considered in the current review of the Maitland Urban Settlement Strategy and a further detailed area plan will be developed for this area after the more detailed zoning investigations have been undertaken.

The draft area plan is enclosed for Council’s information and is required to be public exhibited for 28 days.

OFFICER'S RECOMMENDATION THAT:

1. Pursuant to Clause 18 of the Environmental Planning and Assessment Regulations 2000, amendments to the Bolwarra/ Largs chapter of the Maitland Citywide Development Control Plan be exhibited for a period of twenty-eight (28) days.

2. A further report be presented to Council at the conclusion of the exhibition period.

REPORT A development application was recently lodged with Council for the subdivision of 6 – 12 Largs Avenue Largs into 48 residential allotments. The Bolwarra/ Largs

Page 176 ORDINARY MEETING AGENDA 13 JUNE, 2006

AMENDMENT TO MAITLAND CITYWIDE DEVELOPMENT CONTROL PLAN - BOLWARRA/ LARGS (Cont.) development control provisions apply to this land, however the DCP map does not provide any guidance for the site, such as indicative road layout, site constraints, significant features or applicable development controls. Historically, the Bolwarra/ Largs DCP was prepared to guide the subdivision and development pattern of the Bella Vista Estate, and did not consider how land east of Largs Avenue would be developed.

A plan of the land to which the DCP applies is enclosed as an attachment to this report.

In circumstances where no development controls applies to the site, or where there is only limited detail in the DCP, a development application is assessed on the merits of the proposal in accordance with Section 79C of the Environmental Planning and Assessment Act.

However, 6 – 12 Largs Avenue adjoins the Largs Preferred Rural Residential Investigation Area and it is likely that future road access to the Investigation Area would be from Largs Avenue rather than Paterson Road, which is a regional classified road. It is therefore necessary to make a provision for the future connection of the Largs Investigation Area with the existing zoned residential land. This is best achieved through development guidelines that encourage future linkages.

A revised development plan has been prepared for the Bolwarra/ Largs area, showing a linkage from the existing residential land into the Largs Investigation Area, as well as an integrated road layout for the undeveloped residential land east of Largs Avenue. This plan is largely consistent with the proposed subdivision layout in the development application. No other amendments are proposed to the development control plan for Bolwarra/ Largs.

The draft area plan is enclosed as an attachment to this report.

The Largs Preferred Rural Residential Investigation Area is included in the Maitland Urban Settlement Strategy. The Department have previously advised however that this land ‘would form the last area capable of significant urban expansion at Largs and as such should be identified for urban use to ensure that it is utilised to its fullest potential’. Discussions with the Department of Planning have commenced regarding the most appropriate classification of the site, which will form part of the review of the Settlement Strategy, which is currently underway. Future development density on the site and the detailed planning will then ultimately be determined as part of a rezoning application and environmental constraints analysis.

At this time no rezoning application has been lodged for the Investigation Area, however given the above comments, Council is encouraging the landowners to coordinate their studies to ensure the best outcome for the site. Further development controls will be necessary for the Investigation Area and will be undertaken at the rezoning and subdivision stage.

Amendments to the development control map must be publicly exhibited for twenty-eight (28) days and the adjoining landowners and applicant for the Page 177 ORDINARY MEETING AGENDA 13 JUNE, 2006

AMENDMENT TO MAITLAND CITYWIDE DEVELOPMENT CONTROL PLAN - BOLWARRA/ LARGS (Cont.) subdivision application will be notified. A further report will be presented to Council at the conclusion of the exhibition period to consider any submissions made during the consultation process.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.

POLICY IMPLICATIONS This report recommends the exhibition of amendments to the Bolwarra/ Largs area plan to provide further detail to guide the development of this area. Consideration of the future road connections has also be given to the Largs Investigation Area, north of the area plan.

STATUTORY IMPLICATIONS The statutory requirements for the preparation and exhibition of amendments to a development control plan are included in the Environmental Planning and Assessment Act and associated regulations. This report suggests a process that is consistent with these requirements.

Page 178 ORDINARY MEETING AGENDA 13 JUNE, 2006

AMENDMENT TO MAITLAND CITYWIDE DEVELOPMENT CONTROL PLAN - BOLWARRA/ LARGS (Cont.)

Officers Reports

AMENDMENT TO MAITLAND CITY WIDE DEVELOPMENT CONTROL PLAN - BOLWARRA/LARGS

Locality Plan

Meeting Date: 13 June 2006

Attachment No : 1

Number of Pages : 1

Page 179 ORDINARY MEETING AGENDA 13 JUNE, 2006

AMENDMENT TO MAITLAND CITYWIDE DEVELOPMENT CONTROL PLAN - BOLWARRA/ LARGS (Cont.)

Page 180 ORDINARY MEETING AGENDA 13 JUNE, 2006

AMENDMENT TO MAITLAND CITYWIDE DEVELOPMENT CONTROL PLAN - BOLWARRA/ LARGS (Cont.)

Officers Reports

AMENDMENT TO MAITLAND CITY WIDE DEVELOPMENT CONTROL PLAN - BOLWARRA/LARGS

Area Plan

Meeting Date: 13 June 2006

Attachment No : 2

Number of Pages : 1

Page 181 ORDINARY MEETING AGENDA 13 JUNE, 2006

AMENDMENT TO MAITLAND CITYWIDE DEVELOPMENT CONTROL PLAN - BOLWARRA/ LARGS (Cont.)

Page 182 ORDINARY MEETING AGENDA 13 JUNE, 2006

9.2.7 REVIEW OF MAITLAND LOCAL ENVIRONMENTAL PLAN

File No: 103/1

Responsible Officer: Leanne Harris Manager Strategic Services

Author: Monica Gibson City Strategist

EXECUTIVE SUMMARY Earlier this year, Council considered a report on changes to the local environmental planning process, and the dissolution of Council’s delegation to prepare and exhibit local environmental plans. In addition to these changes, the Department of Planning has established a panel to review all requests for amendments to local environmental plans in NSW.

The purpose of this report is to provide Council with information about the effect of the LEP Review Panel and a request from the Department of Planning to reduce the number of LEP amendments.

OFFICER'S RECOMMENDATION THAT:

1. Requests for amendments to the Maitland Local Environmental Plan 1993 be considered in accordance with the framework outlined in this report.

2. A further report be presented to Council with the matters for consideration for an annual amendment to the Maitland Local Environmental Plan.

REPORT The review of the planning system in NSW has been progressively occurring over the last two years, with the changes to legislation, practice and policies for strategic and statutory planning. Most recently, the Department of Planning has implemented a panel for the review of all amendments to local environmental plans in NSW. As previously reported to Council, this LEP review panel has the following objectives:

• Move to a more thorough, upfront assessment of LEP proposal as soon as the Department is notified of a Council’s decision to prepare a draft LEP • Strengthen the strategic and policy consideration of the LEP proposals • Provide a consistent framework across Councils and the Department to evaluate the context and justification for an LEP and the outcome it is intended to produce • Reduce the number of draft LEPs in the system

Page 183 ORDINARY MEETING AGENDA 13 JUNE, 2006

REVIEW OF MAITLAND LOCAL ENVIRONMENTAL PLAN (Cont.)

Council has recently resolved to prepare new amendments to the Maitland LEP for a range of matters, including:

• Dwelling entitlement at Lambs Valley • Re-name the Gillieston Heights strategic plan • Permit a commercial premise in a rural area • Extend a commercial zone for an existing operation

As part of the statutory process, the Department of Planning is notified of the decisions to prepare LEP amendments. To date, the response of the LEP Review Panel has been to refuse delegations to prepare an LEP where the proposal is inconsistent with the Maitland Urban Settlement Strategy or Draft Lower Hunter Regional Strategy.

Correspondence and planning circulars from the Department make it clear that Council should avoid “spot rezonings” and other amendments to the LEP which are inconsistent with adopted policies. These types of amendments are only likely to be considered where there is a compelling reason and where they can be comprehensively justified.

In view of the requirement for Council to prepare a new citywide LEP by 2011, the Department have requested that Council minimise the number of amendments to the current LEP, and is encouraging necessary amendments to the LEP to be made in one consolidated draft plan per year. At present, there are approximately 25 draft amendments to the Maitland LEP in progress.

The orderly, efficient and consistent planning of the City of Maitland requires changes to the Maitland LEP, facilitating new development, environmental management and job growth. It will be necessary to continue to amend the Maitland LEP over the next five years to implement the strategic objectives and directions of Council and the community.

To ensure that Council’s vision and the Department’s requirements are achieved, it is proposed that requests for amendments to the Maitland LEP be considered as follows:

• Rezoning of land or a change to the LEP which is consistent with the Maitland Urban Settlement Strategy, or other adopted Council strategy be prepared as an amending plan to the Maitland LEP • Other requests which are not consistent with an adopted strategy, but which have planning merit, would be considered as part of an annual amendment to the Maitland LEP

The first annual amendment to the Maitland LEP is proposed to be commenced following this report to Council. A further report will be presented to Council to identify the current matters which may form part of the initial amending LEP for 2006.

Page 184 ORDINARY MEETING AGENDA 13 JUNE, 2006

REVIEW OF MAITLAND LOCAL ENVIRONMENTAL PLAN (Cont.) FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.

POLICY IMPLICATIONS Until now, Council has considered each request for amendment to the Maitland LEP as an individual matter. This report recommends that meritorious rezoning proposals, not consistent with adopted policies or strategies be prepared as part of an annual amendment to the Maitland LEP.

STATUTORY IMPLICATIONS This matter explains new statutory requirements for the preparation of Local Environmental Plans.

Page 185 ORDINARY MEETING AGENDA 13 JUNE, 2006

REVIEW OF MAITLAND LOCAL ENVIRONMENTAL PLAN (Cont.)

Officers Reports

REVIEW OF MAITLAND LOCAL ENVIRONMENTAL PLAN

Department of Planning Letter

Meeting Date: 13 June 2006

Attachment No : 1

Number of Pages : 2

Page 186 ORDINARY MEETING AGENDA 13 JUNE, 2006

REVIEW OF MAITLAND LOCAL ENVIRONMENTAL PLAN (Cont.)

Page 187 ORDINARY MEETING AGENDA 13 JUNE, 2006

REVIEW OF MAITLAND LOCAL ENVIRONMENTAL PLAN (Cont.)

Page 188 ORDINARY MEETING AGENDA 13 JUNE, 2006

9.2.8 INTEGRATED CHILD AND FAMILY CENTRE, WOODBERRY

File No: P19297

Attachments: Site Plan Floor Plan Elevations Sections

Responsible Officer: Brad Everett Group Manager Service Planning and Regulation

Author: Lynn Morton Manager Community and Recreation Services

EXECUTIVE SUMMARY Council at its meeting on 22 March 2005 Council considered a status report on capital works projects where it was noted that Council had received grant funding from the Department of Community Services in the sum of $1,085,750 for the construction of an Integrated Child and Family Centre at Woodberry.

The project advanced to tender documentation where upon a pre tender estimate was obtained which highlighted the need for additional funding for the project to proceed.

Council officers worked with officers from the Department of Community Services (DoCS) in preparing a submission to the Minister for Community Services and Minister for Youth Hon. Reba Meagher MP seeking additional funding. The Minister now writes advising that an additional allocation in the sum of $855,836 has been approved for the construction of the Centre.

OFFICER'S RECOMMENDATION THAT

1. Council accept the additional funding allocation of $855,836 to make possible the delivery of the project

2. Council’s General Manager be delegated authority to sign the Service Level Agreement and negotiate the Capital Deed Agreement between Council and the Department of Community Service.

3. The Common Seal of the Council be affixed to any necessary legal documentation.

Page 189 ORDINARY MEETING AGENDA 13 JUNE, 2006

INTEGRATED FAMILY CENTRE, WOODBERRY (Cont.) REPORT Council has previously resolved to proceed with the construction of an Integrated Child and Family Centre on Council owned land Lot 101, DP 548342, in Lawson Avenue, Woodberry.

The main components of the facility include: ▪ A 30 place Long Day Care facility, providing places for 10 children 0-3yrs and 20 places for children 3-5 years including children toilets, nappy change area, cot room, an administration office, laundry, storage and outdoor play area ▪ A shared welcoming and transitional area for parents and children with capacity to display information pamphlets etc. ▪ A shared group room facility suitable for groups of up to 35 people to conduct parenting programs, a variety of Health groups, outreach Schools as Community Centres (SACC) and Supporting Partnerships – Adolescent Community Education (SPACE) programs, meeting etc. ▪ A meeting room suitable for groups of 10-15 people ▪ Staff facilities including lunchroom and toilets, shared by all staff within the Centre ▪ A fully equipped kitchen accessible for all Centre users ▪ An office area suitable for conducting interviews ▪ A consulting room suitable for visiting medical/nursing services ▪ Office accommodation for the Francis Greenway SPACE project (this group has agreed to contribute construction costs to the project).

The facility will be managed by an incorporated community committee. A copy of the floor plan, elevations and sections appear as Attachment A

The estimated total cost for the project is $2,150,677.00. The funding required to offset the project costs inclusive of the additional grant funding from the Department of Community Services of $855,836 is as follows: Income: Department of Community Services $1,941,586.00 Better Futures Greenway $ 49,091.00 Grant Funds (Grant $ 80,000.00 Application) Total $2,070,677.00

Expenditure Total Project Costs $2,070,677.00

Nett (Profit Loss) nil

Notes 1. Excluded from the above: a. An allocation of $30,000 for contract Administration by Council to be undertaken as an ‘in-kind’ contribution b. Contribution to scheduled drainage works estimated at $50,000

2. Grant Application to be made to undertake environmental works valued at $80,000. Should the grant be unsuccessful it will not impact on the

Page 190 ORDINARY MEETING AGENDA 13 JUNE, 2006

INTEGRATED FAMILY CENTRE, WOODBERRY (Cont.) ability of the project to proceed as the works can be stage developed and scheduled subject to future grant funding.

The project has been documented for tender and it is anticipated that the project will go to tender in July /August 2006 with a contract being awarded In August/ September 2006.The anticipated completion date being October/ November 2007.

The Minister in advising of the additional allocation notes that the funding is conditional on the signing of a Service Agreement and negotiation of a Capital Deed agreement between Council and DoCs. To facilitate this, it will be recommended that Council’s General Manager be delegated authority to sign the Service Level Agreement and negotiate the Capital Deed Agreement between Council and the Department of Community Service.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council’s adopted budget or forward estimates.

POLICY IMPLICATIONS The 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 191 ORDINARY MEETING AGENDA 13 JUNE, 2006

INTEGRATED FAMILY CENTRE, WOODBERRY (Cont.)

Officers Reports

INTEGRATED CHILD AND FAMILY CENTRE, WOODBERRY

Site Plan

Meeting Date: 13 June 2006

Attachment No : 1

Number of Pages : 1

Page 192 ORDINARY MEETING AGENDA 13 JUNE, 2006

INTEGRATED FAMILY CENTRE, WOODBERRY (Cont.)

Officers Reports

INTEGRATED CHILD AND FAMILY CENTRE, WOODBERRY

Floor Plan

Meeting Date: 13 June 2006

Attachment No : 2

Number of Pages : 1

Page 193 ORDINARY MEETING AGENDA 13 JUNE, 2006

INTEGRATED FAMILY CENTRE, WOODBERRY (Cont.)

Page 194 ORDINARY MEETING AGENDA 13 JUNE, 2006

INTEGRATED FAMILY CENTRE, WOODBERRY (Cont.)

Officers Reports

INTEGRATED CHILD AND FAMILY CENTRE, WOODBERRY

Elevations

Meeting Date: 13 June 2006

Attachment No : 3

Number of Pages : 1

Page 195 ORDINARY MEETING AGENDA 13 JUNE, 2006

INTEGRATED FAMILY CENTRE, WOODBERRY (Cont.)

Page 196 ORDINARY MEETING AGENDA 13 JUNE, 2006

INTEGRATED FAMILY CENTRE, WOODBERRY (Cont.)

Officers Reports

INTEGRATED CHILD AND FAMILY CENTRE, WOODBERRY

Sections

Meeting Date: 13 June 2006

Attachment No : 4

Number of Pages : 1

Page 197 ORDINARY MEETING AGENDA 13 JUNE, 2006

INTEGRATED FAMILY CENTRE, WOODBERRY (Cont.)

Page 198 ORDINARY MEETING AGENDA 13 JUNE, 2006

9.2.9 INDIAN MYNA TRAPPING INVESTIGATION

File No: 55/2

Attachment Myna Magnet Traps

Responsible Officer: David Simm Manager Development & Environment

Author: Deanne Nelson-Pritchard Senior Environmental Health Officer

EXECUTIVE SUMMARY A resolution was undertaken at Council meeting 9 May 2005 to further investigate the purchasing and maintenance of Indian Myna traps. This report details the costs, provision of traps and maintenance.

OFFICER'S RECOMMENDATION THAT:

1. Council purchase two (2) RSPCA approved traps for a loan/hire trial of their effectiveness.

2. Council undertake an awareness and education campaign.

REPORT A resolution was undertaken at Council meeting 9 May 2005 to further investigate the purchasing and maintenance of Indian Myna traps. In obtaining traps Council needs to consider the implications of staff resources, liability and ethics of using the traps.

To progress this, contact was made with Port Stephens Council to discuss their trapping and maintenance protocols. Port Stephens has acquired two traps which they have made available for loan to the large community groups through a community representative. Following the trial that was discussed in the Council report dated 9 May 2006, there has been no success trapping Indian Myna’s by the public and thus no information on available impediments to the lending of traps.

Port Stephens has a written agreement from the RSPCA of endorsement for the trapping system created by Dr Chris Tidemann from ANU (Attachment 1). Because this system is large, cumbersome (which makes it an OH&S concern and therefore liability concern to the public), and has multiple attachments which may be lost over time, Port Stephens has written to the RSPCA for their comment and/or endorsement of smaller traps some of which are only “cat trap” size.

Port Stephens has not developed protocols to cover liability, however in discussion with the RSPCA it was decided that it would be unethical to allow the general Page 199 ORDINARY MEETING AGENDA 13 JUNE, 2006

Indian Myna Trapping Investigation (Cont.) public to be responsible for the euthanasia of the birds. Euthanasia is done through the covering of the trap with a canvas bag, and introducing industrial grade carbon dioxide. Only a nominated responsible person should be responsible for the euthanasia of birds.

Ethics: Trapping of native animals require a licence from the Department of Environment and Conservation, whilst the trapping of feral species requires no licence but is still expected to be undertaken humanely. In the trapping of Indian Mynas the risk of trapping native species is quite high, and anecdotal evidence is suggesting that more native species are being trapped then the targeted Mynas by any of the trapping systems available on the market.

Birds are highly sensitive to climatic conditions, and therefore careful consideration is required when placing the traps that the birds are not subject to extreme conditions either heat or cold. If traps were to be used by the public Council will need to ensure that birds are not killed through misuse of the trap, or abuse of captured birds.

Staff Resources: Once traps are available resourcing the administration of the process will include answering calls to the public, rostering the traps, ensuring traps are returned, administering the carbon dioxide, and cleaning the traps. Receiving calls and rostering traps may be able to be undertaken by the Customer Service Department- however for the maintenance of traps no group appears to be available for this process.

Liability: Loaning equipment to the community is a concern for the potential of people hurting themselves either by using or transporting the equipment. Port Stephens has avoided this by loaning the traps to large community groups such as Tidy Towns, Landcare. However, unless these groups have signed a waiver that they accept responsibility, the Council would still be liable.

Education: All Councils and groups undertaking trapping have noted that success is poor, and not what is advertised by the companies producing the traps. It is evident that an intensive campaign of awareness and education is required regardless if traps are obtained. This would be in line with information supplied in the report supplied to the 9 May Council meeting and can be done under the Greening Plan.

Costs: Mynamagnet- ANU trapping system. One trap- $399.00 Four traps- $1250.00 Exhaust hose and adaptor- $12.00

Hire: Traps will be available for hire from Kennards Hire in Newcastle once traps have been received (unable to give a date for receipt of traps, but were expected in April 2006). Traps will be available from $12 a week. Page 200 ORDINARY MEETING AGENDA 13 JUNE, 2006

Indian Myna Trapping Investigation (Cont.)

Conclusion: If Council wish to buy traps they should be trialled on both public and private land. If traps are to be loaned to the public, this should done such that once the traps leave Council premises they are no longer under Council care and control.

FINANCIAL IMPLICATIONS If traps are to be bought it is recommended that like Port Stephens we buy two as a trial of effectiveness. This will be at a cost of $798 and come from the Greening Plan budget.

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 201 ORDINARY MEETING AGENDA 13 JUNE, 2006

Indian Myna Trapping Investigation (Cont.)

Officers Reports

INDIAN MYNA TRAPPING INVESTIGATION

Myna Magnet Traps

Meeting Date: 13 June 2006

Attachment No : 1

Number of Pages : 1

Page 202 ORDINARY MEETING AGENDA 13 JUNE, 2006

Indian Myna Trapping Investigation (Cont.)

www.mynamagnet.com

Page 203 ORDINARY MEETING AGENDA 13 JUNE, 2006

9.2.10 OWNERSHIP OF LAND ASSOCIATED WITH EAST MAITLAND GASWORKS

File No: P36140

Attachments: Site Plan

Responsible Officer: David Simm Manager Development & Environment

Author: Deanne Nelson-Pritchard Senior Environmental Health Officer

EXECUTIVE SUMMARY At Council meeting of 28 February a report providing an update on the gasworks was provided. The resolution for this report was that Council meet with representatives of the Department of Lands to discuss ownership of Lots 2 & 3 of the gasworks site.

This report is advice and recommendations following the meeting between Council and Department of Lands held 24 May 2006. The outcome of this meeting is that an agreement be created between Council, AGL and Department of Lands that Council accept reservation of Lots 2 & 3 following their remediation of the entire gasworks block.

OFFICER'S RECOMMENDATION THAT:

1. Council contact Department of Lands to ask them to initiate agreement for the transfer of the reservation of Lots 2 & 3 to Council to enable the holistic remediation of the former East Maitland Gasworks site.

2. Following acceptance of agreement, Council investigate costings for remediation of the total block associated with the Gasworks.

BACKGROUND The Former East Maitland Gasworks comprises the entire block encompassed by Melbourne, Brisbane, Adam and Banks Streets East Maitland. The land is either owned or vested in care and control of Council, except for Lots 2 and 3 which are vested from the Crown to AGL.

Council has undertaken specific actions to appropriately manage the contamination on the land under its care and control caused by the former gas work activities. This work has now satisfied the Department of Environment and Conservation that Council has its property under care to demonstrate a proper level of diligence towards human and environmental safety. It does not however

Page 204 ORDINARY MEETING AGENDA 13 JUNE, 2006

Ownership of land associated with East Maitland Gasworks. (Cont.) allow for the land to be further used or developed until more specific remediation is undertaken.

To progress that action the whole of the site (including Lots 2 and 3 vested in AGL’s care) needs to be rehabilitated in a holistic fashion. As such a legally binding mechanism needs to be developed to allow this to happen.

REPORT Over the past two years Council, the Department of Lands and AGL has provided legal advice on the ownership of Lots 2 and 3, and therefore the responsibility of the remediation of any contamination on that land. Following the report to Council on 28 February regarding the outstanding requirements for the remediation of the gasworks site, it was a resolution of the meeting that Council meet with the Department of Lands to seek appropriate resolution of ownership and responsibilities of each party in relation to future remediation of the gas works site, but particularly Lots 2 and 3.

On 24 May 2006, a meeting was held between Councillors, Council representatives and the Department of Lands. It was agreed that legal implications of ownership was holding up the progress of remediation on the site.

The Department of Lands (DOL) advised that whilst AGL are willing to hand the land back to the Crown in its current form the DOL will not accept it in such a state. Council advised that it might be willing to accept responsibility for the site given its desire to see the whole of the lands put to a beneficial use. However, DOL advised that the land could only be formally reserved for Council after remediation was undertaken and that the ownership would stay with AGL until this occurred.

As there is no guarantee that the land would be made available for public recreation following remediation of the site, as the ownership would still be vested in AGL, it was agreed that to progress and protect all parties an agreement should be created between the three stakeholders for the following. • that AGL allow Council entrance to the site for investigation and remediation of the site, • that Council remediate this land as part of its overall remediation activities and make it available for public recreation, • that AGL agree to hand the land to Council for its reservation. • that DOL undertake the necessary amendments to the existing reservations of Lots 2 & 3 to enable the transfer from AGL to Council.

FINANCIAL IMPLICATIONS Remediation of the gasworks site will be at a greater cost to what is currently available for this project. Therefore, remediation of the entire site will take additional funds, however in comparison to works required for the actual gasworks this should be minor. Creation of the agreement and acceptance of Lots 2 and 3 will have no financial implications to Council.

POLICY IMPLICATIONS This matter has no specific policy implications for Council.

Page 205 ORDINARY MEETING AGENDA 13 JUNE, 2006

Ownership of land associated with East Maitland Gasworks. (Cont.) STATUTORY IMPLICATIONS On acceptance and execution of this agreement Council will be able to expend public funds on the lands currently under the care and control of AGL.

Page 206 ORDINARY MEETING AGENDA 13 JUNE, 2006

Ownership of land associated with East Maitland Gasworks. (Cont.)

Officers Reports

OWNERSHIP OF LAND ASSOCIATED WITH EAST MAITLAND GASWORKS SITE

Site Plan

Meeting Date: 13 June 2006

Attachment No : 1

Number of Pages : 1

Page 207 ORDINARY MEETING AGENDA 13 JUNE, 2006

Ownership of land associated with East Maitland Gasworks. (Cont.)

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9.2.11 EAST MAITLAND SHOPPING PRECINCT

File No: 103/29

Attachments: Plans Submissions

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Chris James Manager Assets & Infrastructure Planning

EXECUTIVE SUMMARY The East Maitland Shopping Precinct has been the subject of a number of reports to Council with funding being a key issue. Council has been advised by the RTA that funding of $150,000 for construction of a 40 kph zone in East Maitland Shopping Centre has been approved. The proposed works have been exhibited for public comment. This report details the outcome of the exhibition, funding and staging options and recommends that construction of Stage 1 of the works commence.

OFFICER'S RECOMMENDATION THAT:

1. Council accept the RTA funding of $150,000 for the provision of a 40 kph zone in East Maitland.

2. Funding for Stage 1 of the East Maitland Shopping Centre improvement works as detailed in this report be approved.

REPORT In February 2005 Council resolved to place the concept plan for the East Maitland shopping precinct on public exhibition. Following the exhibition period application was made to the RTA for funding to assist in the construction of the traffic management facilities.

The RTA has confirmed a funding allocation of $150,000 to assist with the installation of the 40 km/hr speed zoning component of the East Maitland Shopping Precinct project. The works include intersection kerb blisters, entry thresholds, signage and linemarking.

This funding in conjunction with other previously identified Council funds will enable the first stage of the project to commence.

Page 209 ORDINARY MEETING AGENDA 13 JUNE, 2006

East Maitland Shopping Precinct (Cont.) Community Consultation

On 22 February 2005 Council considered a report on the East Maitland Shopping Precinct recommending a programme of works to assist in the revitalisation of the centre. A concept plan was presented that included entry features, landscaping, streetscape and traffic calming measures.

The concept plan was placed on public exhibition from 24th March 2005 to 19th May 2005 with 5 submissions received. In addition Council officers met with the East Maitland Business Committee.

The 5 submissions received supported the proposal. A number of issues were raised and suggestions made, including

• Tree species • Lack of trees in car parks • Leaves in gutters causing flooding • Absence of footpath resurfacing • Concern with the pavilion concept • Need for a “East Maitland identity” • Problems with the public toilet in the car park • Signage

The issues raised above can be addressed in the detail design process where appropriate and funding permits. In the original estimate allowance was made for an alternative toilet in the carpark and this has yet to be further investigated. The pavilion feature is conceptual only and there will be an extensive design and consultation process to determine what, if anything can be located at this site.

Project Cost Estimate and Funding Sources

The philosophy behind the streetscape and traffic management measures proposed for the East Maitland Shopping Precinct is to create an attractive street environment and reduce the dominance of vehicles. It is possible to select specific and isolated treatments for inclusion in a works programme however to achieve the planned result, all the works have to be constructed.

Estimated Cost

The estimated cost of the total project is approximately $1,000,000. In summary this estimate is broken down as follows: Preliminary site works incl. survey, design, utility adjustments etc $175,000 Roadworks incl. 40 kph measures, landscaping, paving, street lights etc $340,000 Balance of landscaping, primarily tree plantings $50,000 Irrigation system $140,000 Street Furniture $135,000

Page 210 ORDINARY MEETING AGENDA 13 JUNE, 2006

East Maitland Shopping Precinct (Cont.) Bus Shelters $26,000 Public toilet (allowance only) $100,000 Contingency (shopping centre environment, night work, business access) $34,000

Total $1,000,000

Sources of Funding

As previously reported to Council in February 2005 a number of funding sources have been identified in within Councils existing 2005/06 budget. These funds together with the RTA funding will enable a significant part of the project to be constructed.

Stage 3 Works – Melbourne Street $80,000 Traffic Facilities Programme $26,000 East Maitland Main Street Funding $60,000 Section 94 $225,000 RTA 40kph Funding $150,000

Total $541,000

Recommended Staging Option

The projected shortfall in funding is $459,000. It is recommended that this shortfall be addressed by staging the works as follows. Stage 1 funding is available as detailed above. Stages 2 and 3 can be listed for inclusion in the 2007/2008 Management Plan

Stage 1

Preliminary site works incl. survey, design, utility adjustments etc $175,000 Roadworks incl. 40 kph measures, landscaping, paving, street lights etc $340,000 Contingency (shopping centre environment, night work, business access $26,000

Total $541,000

Stage 2

Balance of landscaping, primarily tree plantings $50,000 Irrigation system $140,000 Street Furniture $135,000 Page 211 ORDINARY MEETING AGENDA 13 JUNE, 2006

East Maitland Shopping Precinct (Cont.) Bus Shelters $26,000 Contingency $8,000

Total $459,000

Stage 3

Public toilet (allowance only) $100,000

The issue of the public toilet in the shopping car park is important. However the provision of these facilities and their associated management issues is a matter that is being looked at on a city wide basis. In regard to East Maitland it is considered this issue should be treated separately to the streetscape works and its exclusion at this stage will not impact on the road, landscaping, design and construction.

CONCLUSION

The provision of the RTA funding enables Council to commence the East Maitland Shopping Centre project with an acceptable package of treatments. It has been demonstrated that the project can be staged and completed subject to the provision of funding in future budgets. To ensure that the maximum benefit is realised from the works it is recommended that the remaining stages be constructed as soon as possible.

FINANCIAL IMPLICATIONS Funding for Stage 1 of the project in the amount of can be provided from within Councils current budget by

Transferring Stge 3 Melbourne St Works to East Maitland Shopping Centre $80,000 Existing carry over funding for traffic facilities at George and High St $26,000 Existing East Maitland Main Street Funding $60,000 Section 94 East Maitland Car Parking $225,000 RTA 40kph Funding $150,000

Total $541,000

It is recommended that Stages 2 and 3 of the project be listed for consideration in Councils 2007/08 Budget

POLICY IMPLICATIONS This matter has no specific policy implications for Council.

Page 212 ORDINARY MEETING AGENDA 13 JUNE, 2006

East Maitland Shopping Precinct (Cont.) STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.

Page 213 ORDINARY MEETING AGENDA 13 JUNE, 2006

East Maitland Shopping Precinct (Cont.)

Officers Reports

EAST MAITLAND SHOPPING PRECINCT

Plans

Meeting Date: 13 June 2006

Attachment No : 1

Number of Pages : 2

Page 214 ORDINARY MEETING AGENDA 13 JUNE, 2006

East Maitland Shopping Precinct (Cont.)

Page 215 ORDINARY MEETING AGENDA 13 JUNE, 2006

East Maitland Shopping Precinct (Cont.)

Page 216 ORDINARY MEETING AGENDA 13 JUNE, 2006

East Maitland Shopping Precinct (Cont.)

Officers Reports

EAST MAITLAND SHOPPING PRECINCT

Submissions

Meeting Date: 13 June 2006

Attachment No : 2

Number of Pages : 11

Page 217 ORDINARY MEETING AGENDA 13 JUNE, 2006

East Maitland Shopping Precinct (Cont.)

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East Maitland Shopping Precinct (Cont.)

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East Maitland Shopping Precinct (Cont.)

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East Maitland Shopping Precinct (Cont.)

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East Maitland Shopping Precinct (Cont.)

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East Maitland Shopping Precinct (Cont.)

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East Maitland Shopping Precinct (Cont.)

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East Maitland Shopping Precinct (Cont.)

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East Maitland Shopping Precinct (Cont.)

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East Maitland Shopping Precinct (Cont.)

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East Maitland Shopping Precinct (Cont.)

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9.2.12 RENEWAL OF RETAIL ELECTRICITY SUPPLY AGREEMENT (RESA)

File No: 48/2

Attachments: Retail Electricity Charges

Responsible Officer: Chris James Manager Assets And Infrastructure Planning

Author: Scott Henderson Infrastructure Planning Engineer

EXECUTIVE SUMMARY Council is a customer of the NSW Governments Electricity contract 035/777 due to expire on 30 June 2006. While a new contract under contract 069/777 has been established to commence on 1 July 2006, Council is required to formally enter into a new agreement with the government contractor, Energy Australia, to stay on the government contract and receive the contract rate.

OFFICER'S RECOMMENDATION THAT Council enter into a new Electricity Supply Agreement Contract No. 069/777 with Energy Australia for the supply of electricity in order to stay on government contract and receive the contract rate.

REPORT Purpose

The purpose of this report is to notify Council that the NSW Government’s Electricity contract expires 30 June 2006, and Council is required to renew its agreement with EnergyAustralia, to stay on the government contract and receive the contract rate.

Background

Council has been given notice that the NSW Governments Electricity contract (contract number 035/777) is due to expire on 30 June 2006. Council is a customer on contact number 035/777. While a new contract under contract number 069/777 has been established to commence on 1 July 2006, Council is required to formally enter into a new agreement with the government contractor, EnergyAustralia, to stay on the government contract and receive the contract rate.

Contract 777 – Retail Supply of Electricity is composed of the following components applicable to Council:

• Contract for Large Sites, • Contract for Street lighting

Page 229 ORDINARY MEETING AGENDA 13 JUNE, 2006

NOTICE TO RENEW RETAIL ELECTRICITY SUPPLY CONTRACT (Cont.) The contract is for a three (3) year period, 1/07/06 to 30/06/09, where retail electricity prices established on the basis of aggregated whole of government buying power, achieving significant savings, remain fixed for the period of the contract.

Should Council fail to enter into a new contract by 30 June 2006 it will be liable to default rates that are at least 50% higher cost to the current electricity. Retail electricity charge rates for 2006/07 are listed in EnergyAustralia’s Retail Electricity Supply Agreement (RESA). Refer to attachment.

Council has five (5) ‘Large Sites’, sites generally consuming more than 160MWh per annum, and street lighting on EnergyAustralia’s RESA. A summary of total costs of electricity supplied to Council’s Large Sites: Library, Workshop, Administration Office, Maitland Park, and Maitland Gaol, and, Street Lighting of roads within the local government area for the 2005 calendar year is listed below:

Site/Area Cost Council’s Library $42,063 Council Workshop $15,898 Council Administration Office $16,539 Maitland Park $15,569 Maitland Gaol $9,374 Street Lighting $220,533 TOTAL $319,976 Note: Costing details provided by EnergyAustralia

The cost of street lighting in the table above relates to the supply of public street light energy only, and not the costs to operate the public street light network. The decision last year by the Independent Pricing and Regulatory Tribunal (IPART) to allow an increase in price for Public Lighting is separate from the government contract price rates for retail electricity supply.

Whilst the public lighting price increase resulting from the IPART decision is a separate issue to the charges associated with retail electricity supply, it is worth noting the recent price changes permitted by IPART. In November 2004, EnergyAustralia (EA) submitted an application to IPART to increase its public lighting charges for the construction, maintenance and asset management components of its public lighting business. The Tribunal decided in February 2005 not to accept EA’s application.

In June 2005, EnergyAustralia (EA) submitted a revised application to the Tribunal, which was approved in August 2005. IPART’s decision stated that: “The Tribunal is satisfied that EnergyAustralia’s revised application (for a price increase of CPI+10% in 2005 (effective from 1 September 2005), followed by average increases of CPI+5% in each of the financial years 2006 to 2008, with the maximum increase in bill to be faced by any individual customer to be capped at CPI+7.9% for each of the financial years 2006 to 2008) complies with Rule 2004/01.”

Conclusion

Page 230 ORDINARY MEETING AGENDA 13 JUNE, 2006

NOTICE TO RENEW RETAIL ELECTRICITY SUPPLY CONTRACT (Cont.)

Council’s five (5) large sites and street lighting is currently contracted to EnergyAustralia, and is achieving significant savings being charged at the government contract rate. Council should enter into a new agreement with the EnergyAustralia, to stay on the government contract and receive the contract rate.

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 231 ORDINARY MEETING AGENDA 13 JUNE, 2006

NOTICE TO RENEW RETAIL ELECTRICITY SUPPLY CONTRACT (Cont.)

Officers Reports

RETAIL ELECTRICITY SUPPLY

Retail Electricity Charges

Meeting Date: 13 June 2006

Attachment No : 1

Number of Pages : 1

Page 232 ORDINARY MEETING AGENDA 13 JUNE, 2006

NOTICE TO RENEW RETAIL ELECTRICITY SUPPLY CONTRACT (Cont.)

Page 233 ORDINARY MEETING AGENDA 13 JUNE, 2006

9.2.13 PETITION - SPEEDING IN SCHANCK DRIVE, METFORD

File No: 140/5

Attachment: Petition

Responsible Officer: Chris James Manager Assets & Infrastructure

Author: Cindy Dickson Executive Assistant

EXECUTIVE SUMMARY This report has been prepared and is presented to Council in accordance with its policy on the receipt and consideration of community petitions. A petition of 173 signatures has been received requesting that the Maitland City Council place speed bumps at regular intervals in Schanck Drive at the earliest convenience.

OFFICER'S RECOMMENDATION THAT:

1. Council acknowledge receipt of the community petition and the concerns raised;

2. Council investigate the concerns raised by the community and report the outcome of the investigations to the Local Traffic Committee;

REPORT A petition has been received from the Metford community stating their concerns with the passage of traffic through Metford, in particular that using Schanck Drive. The concerns are mainly with the excessive speed of vehicles in these streets.

The petition states that ‘whilst they are designated and signed accordingly as 50 km/h zones and are reasonably regularly patrolled by police, the speed of many vehicles is quite excessive’.

The community has requested the installation of speed bumps in Schanck Drive at regular intervals to alleviate the problem and to ensure the safety of residents, including young children.

The traffic concerns raised will be investigated by Council and the outcome reported to the Local Traffic Committee.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.

Page 234 ORDINARY MEETING AGENDA 13 JUNE, 2006

PETITION - SPEEDING IN SCHANCK DRIVE, METFORD (Cont.) POLICY IMPLICATIONS This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.

Page 235 ORDINARY MEETING AGENDA 13 JUNE, 2006

PETITION - SPEEDING IN SCHANCK DRIVE, METFORD (Cont.)

Officers Reports

PETITION - SPEEDING IN SCHANCK DRIVE, METFORD

Petition

Meeting Date: 13 June 2006

Attachment No : 1

Number of Pages : 12

Page 236 ORDINARY MEETING AGENDA 13 JUNE, 2006

PETITION - SPEEDING IN SCHANCK DRIVE, METFORD (Cont.)

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PETITION - SPEEDING IN SCHANCK DRIVE, METFORD (Cont.)

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PETITION - SPEEDING IN SCHANCK DRIVE, METFORD (Cont.)

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PETITION - SPEEDING IN SCHANCK DRIVE, METFORD (Cont.)

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PETITION - SPEEDING IN SCHANCK DRIVE, METFORD (Cont.)

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PETITION - SPEEDING IN SCHANCK DRIVE, METFORD (Cont.)

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PETITION - SPEEDING IN SCHANCK DRIVE, METFORD (Cont.)

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PETITION - SPEEDING IN SCHANCK DRIVE, METFORD (Cont.)

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PETITION - SPEEDING IN SCHANCK DRIVE, METFORD (Cont.)

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PETITION - SPEEDING IN SCHANCK DRIVE, METFORD (Cont.)

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PETITION - SPEEDING IN SCHANCK DRIVE, METFORD (Cont.)

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PETITION - SPEEDING IN SCHANCK DRIVE, METFORD (Cont.)

Page 248 ORDINARY MEETING AGENDA 13 JUNE, 2006

9.3 FINANCE AND ADMINISTRATION

9.3.1 MAKING OF RATES AND CHARGES

File No: 117/3

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Annette Peel Revenue Accountant

EXECUTIVE SUMMARY This report is for Council to make the Rates and Charges for 2006/2007. Council is waiting to gain approval from the Minister for Local Government for a special rate variation, if approval for this special variation is granted the rates set out within the report will increase the total rate income by 9.6%. If Council’s application for a special rate variation is denied the rates set out within the report will increase the total rate income by 3.6%.

OFFICER'S RECOMMENDATION THAT as all conditions relative to Section 532 of the Local Government Act 1993 have been met, Council adopt the rates and charges for the year commencing 1 July 2006 to 30 June 2007 as contained in this report.

REPORT 9.6% INCREASE IN GENERAL RATE INCOME

Subject to Council being granted approval for a special rate variation submitted to the Department of Local Government and to Council adopting the revenue policy of the Draft Management Plan, it is intended that the following submission be presented to Council as the resolution to adopt the rates and charges for 2006/2007 based on a 9.6% increase on our General Income.

Under the Local Government Act 1993, Council must adopt the rate in the dollar and base amounts for the ensuing (12) twelve months under Section 534 and 535.

CONSOLIDATED FUND Cents in the $ Base Amount $ Base Amount % 2006/07 2005/06 2006/07 2005/06 2006/07 2005/0 6 Residential – Non Urban 0.4386 0.7803 108.59 96.98 10.0% 10.0% Residential – Urban (A) 0.3559 0.8073 249.87 237.45 35.0% 35.0% Residential – Urban (B) 0.3559 0.8073 249.87 237.45 35.0% 35.0% Residential – Urban (C) 0.3559 0.8073 249.87 237.45 35.0% 35.0%

Page 249 ORDINARY MEETING AGENDA 13 JUNE, 2006

MAKING OF RATES AND CHARGES (Cont.) CONSOLIDATED FUND Cents in the $ Base Amount $ Base Amount % 2006/07 2005/06 2006/07 2005/06 2006/07 2005/0 6 Residential – Urban (D) 0.3559 0.8073 249.87 237.45 35.0% 35.0% Residential – Urban (E) 0.3559 0.8073 249.87 237.45 35.0% 35.0% Residential – Urban (F) 0.3559 0.8073 249.87 237.45 35.0% 35.0% Residential – Urban (G) 0.3559 0.8073 249.87 237.45 35.0% 35.0% Residential – Urban (H) 0.3559 0.8073 249.87 237.45 35.0% 35.0% Farmland – High Intensity 0.4888 0.7053 223.62 200.87 10.0% 10.0% Farmland – Low Intensity 0.5262 0.7564 158.26 131.63 10.0% 10.0% Mining 6.1148 7.1443 Nil Nil Nil Nil Business – Ordinary 3.0111 3.4160 Nil Nil Nil Nil (Commercial) Business – Industrial 1.1937 1.7462 297.36 246.95 10.0% 10.0% Business – Dual Use 0.6165 1.1211 Nil Nil Nil Nil CBD Rate 0.8193 0.7354 Nil Nil Nil Nil Mall Rate 1.7378 1.4304 Nil Nil Nil Nil

The above rates are to be applied to the land value of all rateable land in the City of Maitland.

For the purpose of making the rates and charges it is recommended that the following be adopted.

ORDINARY RATES Whereas the Draft Management Plan for the period 1 July 2006 to 30 June 2007 was placed on exhibition from 9 May 2006 to 6 June 2006 not being less than twenty-eight (28) days, in accordance with Section 405 of the Local Government Act 1993, Council on 13 June 2006 after considering submissions that were made concerning the Draft Management Plan adopted the Management Plan for the period 1 July 2006 to 30 June 2007 in accordance with Section 534 and 535 of the Local Government Act 1993.

In accordance with Sections 534 and 535 of the Local Government Act 1993 that:

RESIDENTIAL – NON-URBAN An ordinary rate (residential non-urban) of zero point four three eight six (0.4386) cents in the dollar with a base amount of one hundred and eight dollars and fifty nine cents ($108.59) in accordance with Sections 499 and 500 of the Local Government Act 1993, on all rateable land in the City of Maitland categorised as Residential in accordance with Section 516 of the Local Government Act 1993, except all rateable land in the City of Maitland determined to be in the Residential Sub-Categories as listed below be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543(1) of the Local Government Act 1993 this rate be named Residential – Non-Urban.

Page 250 ORDINARY MEETING AGENDA 13 JUNE, 2006

MAKING OF RATES AND CHARGES (Cont.) In accordance with Section 537 of the Local Government Act 1993, the percentage of the total amount payable by the levying of the rate for the residential non-urban category of the ordinary rate, that the levying of the base amount will produce is ten per cent (10.0%).

RESIDENTIAL – URBAN (A) An ordinary rate of zero point three five five nine (0.3559) cents in the dollar with a base amount of two hundred and forty nine dollars and eighty seven cents ($249.87) in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland, used or zoned for residential purposes determined to be a centre of population and categorised as sub-category Residential Urban (A) Woodberry in accordance with Section 529 (1) of the Local Government Act 1993 be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local Government Act 1993, this rate be named Residential Urban (A) Woodberry.

In accordance with Section 537 of the Local Government Act, 1993, the percentage of the total amount payable by the levying of the rate for the residential urban (A) sub-category of the Ordinary Rate that the levying of the base amount will produce is thirty five per cent (35%).

RESIDENTIAL – URBAN (B) An ordinary rate of zero point three five five nine (0.3559) cents in the dollar with a base amount of two hundred and forty nine dollars and eighty seven cents ($249.87) in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland, used or zoned for residential purposes determined to be a centre of population and categorised as sub-category Residential Urban (B) Avalon Estate Thornton in accordance with Section 529 (1) of the Local Government Act 1993 be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local Government Act 1993, this rate be named Residential Urban (B) Avalon Estate Thornton.

In accordance with Section 537 of the Local Government Act 1993, the percentage of the total amount payable by the levying of the rate for the residential urban (B) sub-category of the Ordinary Rate, that the levying of the base amount will produce is thirty five per cent (35%).

RESIDENTIAL – URBAN (C) An ordinary rate of zero point three five five nine (0.3559) cents in the dollar with a base amount of two hundred and forty nine dollars and eighty seven cents ($249.87) in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland, used or zoned for residential purposes determined to be a centre of population and categorised as sub-category Residential Urban (C) Timberlane Estate Thornton in accordance with Section 529 (1) of the Local Government Act 1993 be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the

Page 251 ORDINARY MEETING AGENDA 13 JUNE, 2006

MAKING OF RATES AND CHARGES (Cont.) Local Government Act 1993, this rate be named Residential Urban (C) Timberlane Estate Thornton.

In accordance with Section 537 of the Local Government Act 1993, the percentage of the total amount payable by the levying of the rate for the residential urban (C) sub-category of the Ordinary Rate, that the levying of the base amount will produce is thirty five per cent (35%).

RESIDENTIAL – URBAN (D) An ordinary rate of zero point three five five nine (0.3559) cents in the dollar with a base amount of two hundred and forty nine dollars and eighty seven cents ($249.87) in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland, used or zoned for residential purposes determined to be a centre of population and categorised as sub-category Residential Urban (D) Thornton in accordance with Section 529 (1) of the Local Government Act 1993 be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local Government Act 1993, this rate be named Residential Urban (D) Thornton.

In accordance with Section 537 of the Local Government Act 1993, the percentage of the total amount payable by the levying of the rate for the residential urban (D) sub-category of the Ordinary Rate that the levying of the base amount will produce is thirty five per cent (35%).

RESIDENTIAL – URBAN (E) An ordinary rate of zero point three five five nine (0.3559) cents in the dollar with a base amount of two hundred and forty nine dollars and eighty seven cents ($249.87) in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland, used or zoned for residential purposes determined to be a centre of population and categorised as sub-category Residential Urban (E) Gillieston Heights in accordance with Section 529 (1) of the Local Government Act 1993 be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local Government Act 1993, this rate be named Residential Urban (E) Gillieston Heights.

In accordance with Section 537 of the Local Government Act 1993, the percentage of the total amount payable by the levying of the rate for the residential urban (E) sub-category of the Ordinary Rate, that the levying of the base amount will produce is thirty five per cent (35.0%).

RESIDENTIAL – URBAN (F) An ordinary rate of zero point three five five nine (0.3559) cents in the dollar with a base amount of two hundred and forty nine dollars and eighty seven cents ($249.87) in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland, used or zoned for residential purposes determined to be a centre of population and categorised as sub-category Residential Urban (F) Windella in accordance with Section 529 (1) of Page 252 ORDINARY MEETING AGENDA 13 JUNE, 2006

MAKING OF RATES AND CHARGES (Cont.) the Local Government Act 1993 be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local Government Act 1993, this rate be named Residential Urban (F) Windella.

In accordance with Section 537 of the Local Government Act 1993, the percentage of the total amount payable by the levying of the rate for the residential urban (F) sub-category of the Ordinary Rate, that the levying of the base amount will produce is thirty five per cent (35%).

RESIDENTIAL – URBAN (G) An ordinary rate of zero point three five five nine (0.3559) cents in the dollar with a base amount of two hundred and forty nine dollars and eighty seven cents ($249.87) in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland, used or zoned for residential purposes determined to be a centre of population and categorised as sub-category Residential Urban (G) Lochinvar in accordance with Section 529 (1) of the Local Government Act 1993 be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local Government Act 1993, this rate be named Residential Urban (G) Lochinvar.

In accordance with Section 537 of the Local Government Act 1993, the percentage of the total amount payable by the levying of the rate for the residential urban (G) sub-category of the Ordinary Rate, that the levying of the base amount will produce is thirty five per cent (35%).

RESIDENTIAL – URBAN (H) An ordinary rate of zero point three five five nine (0.3559) cents in the dollar with a base amount of two hundred and forty nine dollars and eighty seven cents ($249.87) in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland, used or zoned for residential purposes determined to be a centre of population and categorised as sub-category Residential Urban (H) in accordance with Section 529 (1) of the Local Government Act 1993 be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local Government Act 1993, this rate be named Residential Urban (H) Aberglasslyn, Telarah, Rutherford, Maitland, Lorn, Bolwarra, Bolwarra Heights, Largs, East Maitland, Metford, Ashtonfield, Tenambit, Raworth, Morpeth, Horseshoe Bend, South Maitland.

In accordance with Section 537 of the Local Government Act 1993, the percentage of the total amount payable by the levying of the rate for the residential urban (H) sub-category of the Ordinary Rate, that the levying of the base amount will produce is thirty five per cent (35%).

FARMLAND – HIGH INTENSITY An ordinary rate of zero point four eight eight eight (0.4888) cents in the dollar with a base amount of two hundred and twenty three dollars and sixty two cents ($223.62) in accordance with Sections 499 and 500 of the Local Government Act Page 253 ORDINARY MEETING AGENDA 13 JUNE, 2006

MAKING OF RATES AND CHARGES (Cont.) 1993, to apply to all rateable land in the City of Maitland categorised as farmland in accordance with Section 515 of the Local Government Act 1993 except all land in the City of Maitland determined to be on the farmland sub-category Farmland – Low Intensity be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local Government Act 1993 this rate be named Farmland – High Intensity.

In accordance with Section 537 of the Local Government Act 1993 the percentage of the total amount payable by the levying of the rate for the farmland high intensity category of the ordinary rate, that the levying of the base amount will produce is ten per cent (10%.)

FARMLAND – LOW INTENSITY An ordinary rate of zero point five two six two (0.5262) cents in the dollar with a base amount of one hundred and fifty eight dollars and twenty six cents ($158.26) in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland, used as farmland and categorised as Farmland - Low Intensity in accordance with Section 529(1) of the Local Government Act 1993 be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local Government Act 1993 this rate be named Farmland – Low Intensity.

In accordance with Section 537 of the Local Government Act 1993, the percentage of the total amount payable by the levying of the rate for the Farmland – Low Intensity sub-category of the Ordinary Rate, that the levying of the base amount will produce is ten per cent (10.0%).

MINING An ordinary rate of six point one one four eight (6.1148) cents in the dollar with a nil base amount in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland categorised as mining in accordance with Section 517 of the Local Government Act 1993 be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local Government Act 1993, this rate be named mining.

BUSINESS – ORDINARY (COMMERCIAL) An ordinary rate of three point zero one one one (3.0111) cents in the dollar with a nil base amount in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland categorised as Business in accordance with Section 518 of the Local Government Act 1993 except all land in the City of Maitland determined to be on the business sub categories be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local Government Act 1993, this rate be named Business Ordinary (Commercial).

Page 254 ORDINARY MEETING AGENDA 13 JUNE, 2006

MAKING OF RATES AND CHARGES (Cont.) BUSINESS - INDUSTRIAL An ordinary rate of one point one nine three seven (1.1937) cents in the dollar with a base amount of two hundred and ninety seven dollars and thirty six cents ($297.36) in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland, used or zoned for industrial purposes determined to be a centre of activity and categorised as sub- category Business Industrial in accordance with Section 529 (1) of the Local Government Act 1993 be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local Government Act 1993, this rate be named Business Industrial.

In accordance with Section 537 of the Local Government Act 1993, the percentage of the total amount payable by the levying of the rate for the Business Industrial sub-category of the Ordinary Rate, that the levying of the base amount will produce is ten per cent (10.0%).

BUSINESS – DUAL USE An ordinary rate of zero point six one six five (0.6165) cents in the dollar with a nil base amount in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland, used or zoned for mixed development, (residential-commercial) determined to be a centre of activity and categorised as sub-category Business – Dual Use in accordance with Section 529 (1) of the Local Government Act 1993 be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local Government Act 1993, this rate be named Business – Dual Use.

CBD RATE A special rate of zero point eight one nine three (0.8193) cents in the dollar to be the City Centre Promotion Special Rate on the land value of all rateable land within the city centre promotion area as submitted on Attachment 1 be made for the period 1 July 2006 to 30 June 2007 and for the purpose of defraying the expenses of promoting the City Centre, being the manufacture, purchase, obtaining and supply of promotional and souvenir material relating to the Council’s area, where such work or service in the opinion of Council would be of special benefit to the portion of Council’s area so defined, and in accordance with Section 543(2) of the Local Government Act 1993, this rate be named City Promotion Rate

HERITAGE MALL PROMOTION RATE A special rate of one point seven three seven eight (1.7378) cents in the dollar to be the Heritage Mall Promotion Special Rate on the land value of all rateable land within the promotion of Council’s area described by metes and bounds and adopted by Council on 27 October 1987, and advertised in the Government Gazette on 6 November 1987 be made for the period 1 July 2006 to 30 June 2007 and for the purpose of defraying the expenses of executing the work or service, being the care, control and management of the High Street Heritage Mall, being the manufacture, purchase, obtaining and supply of promotional and souvenir

Page 255 ORDINARY MEETING AGENDA 13 JUNE, 2006

MAKING OF RATES AND CHARGES (Cont.) material relating to the Council’s area, where such work or service in the opinion of Council would be of special benefit to the portion of Council’s area so defined, and in accordance with Section 543(2) of the Local Government Act 1993, this rate be named Mall Rate.

3.6% INCREASE IN GENERAL RATE INCOME

Subject to Council adopting the revenue policy of the Draft Management Plan, if Council’s application for a special rate variation is denied it is intended that the following submission be presented to Council as the resolution to adopt the rates and charges for 2006/2007 based on a 3.6% increase on our General Income.

Under the Local Government Act 1993, Council must adopt the rate in the dollar and base amounts for the ensuing (12) twelve months under Section 534 and 535.

CONSOLIDATED FUND Cents in the $ Base Amount $ Base Amount % 2006/07 2005/06 2006/07 2005/06 2006/07 2005/0 6 Residential – Non Urban 0.4143 0.7803 102.76 96.98 10.0% 10.0% Residential – Urban (A) 0.3361 0.8073 235.98 237.45 35.0% 35.0% Residential – Urban (B) 0.3361 0.8073 235.98 237.45 35.0% 35.0% Residential – Urban (C) 0.3361 0.8073 235.98 237.45 35.0% 35.0% Residential – Urban (D) 0.3361 0.8073 235.98 237.45 35.0% 35.0% Residential – Urban (E) 0.3361 0.8073 235.98 237.45 35.0% 35.0% Residential – Urban (F) 0.3361 0.8073 235.98 237.45 35.0% 35.0% Residential – Urban (G) 0.3361 0.8073 235.98 237.45 35.0% 35.0% Residential – Urban (H) 0.3361 0.8073 235.98 237.45 35.0% 35.0% Farmland – High Intensity 0.4616 0.7053 210.34 200.87 10.0% 10.0% Farmland – Low Intensity 0.4970 0.7564 149.47 131.63 10.0% 10.0% Mining 5.7748 7.1443 Nil Nil Nil Nil Business – Ordinary 2.8436 3.4160 Nil Nil Nil Nil (Commercial) Business – Industrial 1.1273 1.7462 280.82 246.95 10.0% 10.0% Business – Dual Use 0.5822 1.1211 Nil Nil Nil Nil CBD Rate 0.8193 0.7354 Nil Nil Nil Nil Mall Rate 1.7378 1.4304 Nil Nil Nil Nil

The above rates are to be applied to the land value of all rateable land in the City of Maitland.

For the purpose of making the rates and charges it is recommended that the following be adopted.

ORDINARY RATES Whereas the Draft Management Plan for the period 1 July 2006 to 30 June 2007 was placed on exhibition from 9 May 2006 to 6 June 2006 not being less than twenty-eight (28) days, in accordance with Section 405 of the Local Government Act 1993, Council on 13 June 2006 after considering submissions that were made concerning the Draft Management Plan adopted the Management Plan for the

Page 256 ORDINARY MEETING AGENDA 13 JUNE, 2006

MAKING OF RATES AND CHARGES (Cont.) period 1 July 2006 to 30 June 2007 in accordance with Section 534 and 535 of the Local Government Act 1993.

In accordance with Sections 534 and 535 of the Local Government Act 1993 that:

RESIDENTIAL – NON-URBAN An ordinary rate (residential non-urban) of zero point four one four three (0.4143) cents in the dollar with a base amount of one hundred and two dollars and seventy six cents ($102.76) in accordance with Sections 499 and 500 of the Local Government Act 1993, on all rateable land in the City of Maitland categorised as Residential in accordance with Section 516 of the Local Government Act 1993, except all rateable land in the City of Maitland determined to be in the Residential Sub-Categories as listed below be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543(1) of the Local Government Act 1993 this rate be named Residential – Non-Urban.

In accordance with Section 537 of the Local Government Act 1993, the percentage of the total amount payable by the levying of the rate for the residential non-urban category of the ordinary rate, that the levying of the base amount will produce is ten per cent (10.0%).

RESIDENTIAL – URBAN (A) An ordinary rate of zero point three three six one (0.3361) cents in the dollar with a base amount of two hundred and thirty five dollars and ninety eight cents ($235.98) in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland, used or zoned for residential purposes determined to be a centre of population and categorised as sub-category Residential Urban (A) Woodberry in accordance with Section 529 (1) of the Local Government Act 1993 be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local Government Act 1993, this rate be named Residential Urban (A) Woodberry.

In accordance with Section 537 of the Local Government Act, 1993, the percentage of the total amount payable by the levying of the rate for the residential urban (A) sub-category of the Ordinary Rate that the levying of the base amount will produce is thirty five per cent (35%).

RESIDENTIAL – URBAN (B) An ordinary rate of zero point three three six one (0.3361) cents in the dollar with a base amount of two hundred and thirty five dollars and ninety eight cents ($235.98) in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland, used or zoned for residential purposes determined to be a centre of population and categorised as sub-category Residential Urban (B) Avalon Estate Thornton in accordance with Section 529 (1) of the Local Government Act 1993 be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local

Page 257 ORDINARY MEETING AGENDA 13 JUNE, 2006

MAKING OF RATES AND CHARGES (Cont.) Government Act 1993, this rate be named Residential Urban (B) Avalon Estate Thornton.

In accordance with Section 537 of the Local Government Act 1993, the percentage of the total amount payable by the levying of the rate for the residential urban (B) sub-category of the Ordinary Rate, that the levying of the base amount will produce is thirty five per cent (35%).

RESIDENTIAL – URBAN (C) An ordinary rate of zero point three three six one (0.3361) cents in the dollar with a base amount of two hundred and thirty five dollars and ninety eight cents ($235.98) in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland, used or zoned for residential purposes determined to be a centre of population and categorised as sub-category Residential Urban (C) Timberlane Estate Thornton in accordance with Section 529 (1) of the Local Government Act 1993 be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local Government Act 1993, this rate be named Residential Urban (C) Timberlane Estate Thornton.

In accordance with Section 537 of the Local Government Act 1993, the percentage of the total amount payable by the levying of the rate for the residential urban (C) sub-category of the Ordinary Rate, that the levying of the base amount will produce is thirty five per cent (35%).

RESIDENTIAL – URBAN (D) An ordinary rate of zero point three three six one (0.3361) cents in the dollar with a base amount of two hundred and thirty five dollars and ninety eight cents ($235.98) in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland, used or zoned for residential purposes determined to be a centre of population and categorised as sub-category Residential Urban (D) Thornton in accordance with Section 529 (1) of the Local Government Act 1993 be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local Government Act 1993, this rate be named Residential Urban (D) Thornton.

In accordance with Section 537 of the Local Government Act 1993, the percentage of the total amount payable by the levying of the rate for the residential urban (D) sub-category of the Ordinary Rate that the levying of the base amount will produce is thirty five per cent (35%).

Page 258 ORDINARY MEETING AGENDA 13 JUNE, 2006

MAKING OF RATES AND CHARGES (Cont.)

RESIDENTIAL – URBAN (E) An ordinary rate of zero point three three six one (0.3361) cents in the dollar with a base amount of two hundred and thirty five dollars and ninety eight cents ($235.98) in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland, used or zoned for residential purposes determined to be a centre of population and categorised as sub-category Residential Urban (E) Gillieston Heights in accordance with Section 529 (1) of the Local Government Act 1993 be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local Government Act 1993, this rate be named Residential Urban (E) Gillieston Heights.

In accordance with Section 537 of the Local Government Act 1993, the percentage of the total amount payable by the levying of the rate for the residential urban (E) sub-category of the Ordinary Rate, that the levying of the base amount will produce is thirty five per cent (35.0%).

RESIDENTIAL – URBAN (F) An ordinary rate of zero point three three six one (0.3361) cents in the dollar with a base amount of two hundred and thirty five dollars and ninety eight cents ($235.98) in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland, used or zoned for residential purposes determined to be a centre of population and categorised as sub-category Residential Urban (F) Windella in accordance with Section 529 (1) of the Local Government Act 1993 be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local Government Act 1993, this rate be named Residential Urban (F) Windella.

In accordance with Section 537 of the Local Government Act 1993, the percentage of the total amount payable by the levying of the rate for the residential urban (F) sub-category of the Ordinary Rate, that the levying of the base amount will produce is thirty five per cent (35%).

RESIDENTIAL – URBAN (G) An ordinary rate of zero point three three six one (0.3361) cents in the dollar with a base amount of two hundred and thirty five dollars and ninety eight cents ($235.98) in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland, used or zoned for residential purposes determined to be a centre of population and categorised as sub-category Residential Urban (G) Lochinvar in accordance with Section 529 (1) of the Local Government Act 1993 be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local Government Act 1993, this rate be named Residential Urban (G) Lochinvar.

In accordance with Section 537 of the Local Government Act 1993, the percentage of the total amount payable by the levying of the rate for the residential urban (G)

Page 259 ORDINARY MEETING AGENDA 13 JUNE, 2006

MAKING OF RATES AND CHARGES (Cont.) sub-category of the Ordinary Rate, that the levying of the base amount will produce is thirty five per cent (35%).

RESIDENTIAL – URBAN (H) An ordinary rate of zero point three three six one (0.3361) cents in the dollar with a base amount of two hundred and thirty five dollars and ninety eight cents ($235.98) in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland, used or zoned for residential purposes determined to be a centre of population and categorised as sub-category Residential Urban (H) in accordance with Section 529 (1) of the Local Government Act 1993 be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local Government Act 1993, this rate be named Residential Urban (H) Aberglasslyn, Telarah, Rutherford, Maitland, Lorn, Bolwarra, Bolwarra Heights, Largs, East Maitland, Metford, Ashtonfield, Tenambit, Raworth, Morpeth, Horseshoe Bend, South Maitland.

In accordance with Section 537 of the Local Government Act 1993, the percentage of the total amount payable by the levying of the rate for the residential urban (H) sub-category of the Ordinary Rate, that the levying of the base amount will produce is thirty five per cent (35%).

FARMLAND – HIGH INTENSITY An ordinary rate of zero point four six one six (0.4616) cents in the dollar with a base amount of two hundred and ten dollars and thirty four cents ($210.34) in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland categorised as farmland in accordance with Section 515 of the Local Government Act 1993 except all land in the City of Maitland determined to be on the farmland sub-category Farmland – Low Intensity be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local Government Act 1993 this rate be named Farmland – High Intensity.

In accordance with Section 537 of the Local Government Act 1993 the percentage of the total amount payable by the levying of the rate for the farmland high intensity category of the ordinary rate, that the levying of the base amount will produce is ten per cent (10%.)

FARMLAND – LOW INTENSITY An ordinary rate of zero point four nine seven zero (0.4970) cents in the dollar with a base amount of one hundred and forty nine dollars and forty seven cents ($149.47) in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland, used as farmland and categorised as Farmland - Low Intensity in accordance with Section 529(1) of the Local Government Act 1993 be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local Government Act 1993 this rate be named Farmland – Low Intensity.

Page 260 ORDINARY MEETING AGENDA 13 JUNE, 2006

MAKING OF RATES AND CHARGES (Cont.) In accordance with Section 537 of the Local Government Act 1993, the percentage of the total amount payable by the levying of the rate for the Farmland – Low Intensity sub-category of the Ordinary Rate, that the levying of the base amount will produce is ten per cent (10.0%).

MINING An ordinary rate of five point seven seven four eight (5.7748) cents in the dollar with a nil base amount in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland categorised as mining in accordance with Section 517 of the Local Government Act 1993 be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local Government Act 1993, this rate be named mining.

BUSINESS – ORDINARY (COMMERCIAL) An ordinary rate of two point eight four three six (2.8436) cents in the dollar with a nil base amount in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland categorised as Business in accordance with Section 518 of the Local Government Act 1993 except all land in the City of Maitland determined to be on the business sub categories be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local Government Act 1993, this rate be named Business Ordinary (Commercial).

BUSINESS - INDUSTRIAL An ordinary rate of one point one two seven three (1.1273) cents in the dollar with a base amount of two hundred and eighty dollars and eighty two cents ($280.82) in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland, used or zoned for industrial purposes determined to be a centre of activity and categorised as sub-category Business Industrial in accordance with Section 529 (1) of the Local Government Act 1993 be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local Government Act 1993, this rate be named Business Industrial.

In accordance with Section 537 of the Local Government Act 1993, the percentage of the total amount payable by the levying of the rate for the Business Industrial sub-category of the Ordinary Rate, that the levying of the base amount will produce is ten per cent (10.0%).

BUSINESS – DUAL USE An ordinary rate of zero point five eight two two (0.5822) cents in the dollar with a nil base amount in accordance with Sections 499 and 500 of the Local Government Act 1993, to apply to all rateable land in the City of Maitland, used or zoned for mixed development, (residential-commercial) determined to be a centre

Page 261 ORDINARY MEETING AGENDA 13 JUNE, 2006

MAKING OF RATES AND CHARGES (Cont.) of activity and categorised as sub-category Business – Dual Use in accordance with Section 529 (1) of the Local Government Act 1993 be now made for the period 1 July 2006 to 30 June 2007 and in accordance with Section 543 (1) of the Local Government Act 1993, this rate be named Business – Dual Use.

CBD RATE A special rate of zero point eight one nine three (0.8193) cents in the dollar to be the City Centre Promotion Special Rate on the land value of all rateable land within the city centre promotion area as submitted on Attachment 1 be made for the period 1 July 2006 to 30 June 2007 and for the purpose of defraying the expenses of promoting the City Centre, being the manufacture, purchase, obtaining and supply of promotional and souvenir material relating to the Council’s area, where such work or service in the opinion of Council would be of special benefit to the portion of Council’s area so defined, and in accordance with Section 543(2) of the Local Government Act 1993, this rate be named City Promotion Rate

HERITAGE MALL PROMOTION RATE A special rate of one point seven three seven eight (1.7378) cents in the dollar to be the Heritage Mall Promotion Special Rate on the land value of all rateable land within the promotion of Council’s area described by metes and bounds and adopted by Council on 27 October 1987, and advertised in the Government Gazette on 6 November 1987 be made for the period 1 July 2006 to 30 June 2007 and for the purpose of defraying the expenses of executing the work or service, being the care, control and management of the High Street Heritage Mall, being the manufacture, purchase, obtaining and supply of promotional and souvenir material relating to the Council’s area, where such work or service in the opinion of Council would be of special benefit to the portion of Council’s area so defined, and in accordance with Section 543(2) of the Local Government Act 1993, this rate be named Mall Rate.

HUNTER CENTRAL RIVERS CATCHMENT MANAGEMENT AUTHORITY Council has been advised that the rate for the 2006/2007 Hunter Central Rivers Catchment Management Authority is still to be determined by the Minister for Local Government. This rate is to be applied to all rateable land in the Trust District as referred to in Section 39 of the Catchment Management Trust Act 1989 having a land value in excess of three hundred dollars ($300.00) and rateable under the provisions of the Local Government Act 1993.

Page 262 ORDINARY MEETING AGENDA 13 JUNE, 2006

MAKING OF RATES AND CHARGES (Cont.)

1. Charges

Domestic Waste Management Service

1.1. That Council provide a weekly domestic waste management service and a bi-weekly recycle service.

1.2. That Council make an annual charge for that service under Section 496 of the Local Government Act 1993.

1.3. That the amount of that charge during the year commencing 1 July 2006 to 30 June 2007 for each parcel of rateable land for which the service is available, or each parcel of non-rateable land for which the service is requested, be:

Vacant Land - $20.00 (2005/06- $20.00)

Occupied Land - $213.25 for each dwelling on that land (2005/06 – $174.80)

1.4. That under Section 543(3) of the Local Government Act 1993 the charge be named the “Domestic Waste Management Service Charge”.

2. Additional Recycling Service

2.1 That Council provide an additional bi-weekly recycle service to any rateable parcel of land that is charged the domestic waste management service charge and requires an additional bi-weekly recycle service.

2.2 That Council make an annual charge for the use of that service under Section 502 of the Local Government Act 1993.

2.3 That the amount of that charge during the year commencing 1 July 2006 to 30 June 2007 be fifty one dollars ($51.00) per service for that year. (2005/06 - $49.70)

2.4 That under Section 543(3) of the Local Government Act 1993 the charge be named the “Additional Recycling Service Charge”.

Page 263 ORDINARY MEETING AGENDA 13 JUNE, 2006

MAKING OF RATES AND CHARGES (Cont.)

3. Commercial Waste Management Service

3.1 That Council provide a weekly commercial waste management service to all occupied rateable properties categorised as Business and who have not entered into a contractual agreement for a trade waste collection service from a private contractor.

3.2 That Council make an annual charge for the use of that service under Section 502 of the Local Government Act 1993.

3.3 That the amount of that charge during the year commencing 1 July 2006 to 30 June 2007 be twenty nine dollars and seventy cents ($29.70) (including GST) per bin per month for that year. (2005/06 - $25.85)

3.4 That under Section 543(3) of the Local Government Act 1993 the charge be named the “Commercial Waste Management Service”.

4. Interest Charges on Overdue Rates

Council are required to fix by resolution the rate of interest that will apply to our arrears of rates for the 2006/2007 rating period.

In accordance with Section 566(3) of the Local Government Act 1993 this rate be 9% being the maximum allowed by the Department of Local Government.

FINANCIAL IMPLICATIONS Adoption of the Rate is necessary for revenue to be raised in 2006/2007 as per the Budget adopted by Council.

POLICY IMPLICATIONS This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS This report is as per Section 532 of the Local Government Act 1993.

Page 264 ORDINARY MEETING AGENDA 13 JUNE, 2006

MAKING OF RATES AND CHARGES (Cont.) ATTACHMENT 1

Page 265 ORDINARY MEETING AGENDA 13 JUNE, 2006

10 ITEMS FOR INFORMATION

Page 266 ORDINARY MEETING AGENDA 13 JUNE, 2006

10.1 STATUS REPORT ON CONSTRUCTION WORKS

File No: 122/814

Responsible Officer: Wayne Cone Group Manager City Works & Services

Author: Richard Minter Manager Projects & Emergency Services

Ian Wakem Manager Civil Works

EXECUTIVE SUMMARY A report on the status of major construction works and projects within the 2005/2006 Capital Works Programs is submitted for Council’s information.

OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.

REPORT CIVIL WORKS

The status of the construction projects within the 2005/2006 Rolling Works Program, as of 1 June 2006, is as follows.

1. Bridge Replacement/Refurbishment

Program complete.

2. Carpark Refurbishment

Program complete.

3. Drainage Construction

3.1 George Street, East Maitland

A stormwater pipeline has been installed along George Street from Lawes Street to Day Street. Work on the project commenced in early March and was completed in late May. The approximate cost of the project was $278,000.

3.2 Reflection Drive, Louth Park

Page 267 ORDINARY MEETING AGENDA 13 JUNE, 2006

COUNCILLOR MOTIONS (Cont.) An existing concrete stormwater pipeline in the vicinity of No. 47 Reflection Drive is to be extended by approximately 20 metres. The work will be undertaken in June at an estimated cost of $8,000.

4. Footpath Construction

4.1 Government Road, Thornton

A 2.5 metre wide concrete footpath has been constructed along the eastern side of Government Road from the existing concrete footpath to Avard Close. Work on the project was completed in mid May at an approximate cost of $19,600.

4.2 Weblands Street, Rutherford

A 1.2 metre wide concrete footpath is presently being constructed along the western side of Weblands Street between Arthur Street and North Mall. Work on the project is expected to be completed in early June at an estimated cost of $42,000.

4.3 Brisbane Street, East Maitland

Approximately 110 metres of concrete footpath is presently being constructed along the southern side of Brisbane Street between High Street and Richardson Street. Work on the project is expected to be completed in early June at an estimated cost of $10,000.

4.4 Regent Street, Maitland

A 1.5 metre wide concrete footpath is to be constructed along Regent Street between Benholme Street and Bonar Street. Work will commence on the project in mid June and be completed in late June at an estimated cost of $12,000.

5. Footpath – Access Priority Program

Program complete.

6. Footpath Refurbishment

Numerous sections of concrete footpath at various locations throughout the city area are be refurbished with the work expected to be completed in early June. The cost of the programmed works is estimated to be $25,200.

7. Urban Local Roads

7.1 Thornton Road, Thornton

Page 268 ORDINARY MEETING AGENDA 13 JUNE, 2006

COUNCILLOR MOTIONS (Cont.) Work is completed on the rehabilitation of Thornton Road between Glenwood Drive to Huntingdale Drive. The project cost approximately $75,000. The full width of this section of road will be resealed in summer and new line marking applied to the road surface.

7.2 Bourke Street, Maitland

The reconstruction of the section of Bourke Street between Ken Tubman Drive and High Street commenced in mid May and is expected to be completed in late June at an estimated cost of $190,000.

7.3 Elgin Street, Maitland

Work will commence in early June on the reconstruction of Elgin Street from Olive Street to the end. The project will take approximately six (6) weeks to complete at an estimated cost of $150,000.

8. Roads to Recovery

Program complete.

9. New Works Urban

9.1 John Street, Rutherford

A project, which included the construction of the balance of kerb and guttering and the rehabilitation of the road pavement from the New England Highway to the end of the industrial estate, was completed in late May at an approximate cost of $70,800.

This now completes this program.

10. Rehabilitation - Urban

10.1 Thompson Street, East Maitland

The stabilisation of the road pavement in Thompson Street between Edward Street and Chambers Street was completed at an approximate cost of $90,000.

10.2 Largs Avenue, Largs

The rehabilitation of the road pavement at the intersection of Largs Avenue and Paterson Road was completed at an approximate cost of $23,000.

10.3 CBD area, Maitland

Page 269 ORDINARY MEETING AGENDA 13 JUNE, 2006

COUNCILLOR MOTIONS (Cont.) Asphalt resheeting in several sections of Church Street and Analby Street is complete at an approximate cost of $168,000.

10.4 Green Street, Morpeth

The re-laying of the sandstone kerbing and the rehabilitation of the road pavement in Green Street between Swan Street and High Street commenced in mid May and will take approximately four (4) weeks to complete. The estimated cost of the works is $44,000.

11. Rehabilitation - Regional

11.1 Morpeth Road, Raworth

A new water main is presently being laid along the section of Morpeth Road between Jenna Drive and Linuwel School, as work on the reconstruction and widening of the section of Morpeth Road progresses. The project is expected to be completed in approximately four (4) weeks at an estimated cost of $522,000.

12. Reseal - Rural Roads

Program complete.

13. Reseal - Urban Roads

Program complete. 14. Rural Reconstruction

Program complete.

15. Traffic Facilities

15.1 Mill Street, East Maitland

Traffic calming asphalt humps and the associated signage has been installed in Mill Street recently at an approximate cost of $20,000.

EMERGENCY SERVICES

1. Emergency Management

The State Emergency Services (SES) have recently appointed Mr Ken Speer to the new position of Deputy Region Controller, Hunter Region SES. Mr Speer will report directly to the Region Controller, Mr Greg Perry, and will be responsible for operations and planning in the Region. The aim of the position is to take some of the burden from “volunteer” controllers and to assist in attending meetings such as the Local Emergency Management Committee and Floodplain Management Committee meetings.

Page 270 ORDINARY MEETING AGENDA 13 JUNE, 2006

COUNCILLOR MOTIONS (Cont.) 2. Emergency Risk Management

The Emergency Risk Management (ERM) project currently underway in conjunction with Dungog, Cessnock and Port Stephens Councils has progressed to final draft document stage. A review of the documentation is being finalised by the four Councils with a final document due to be available in late June or early July.

PROJECTS

1. Major Building Maintenance

An allocation of $400,000 has been made in the 2005 / 2006 budget for major building maintenance to Council’s community and recreation buildings. Projects that have been completed include East Maitland Swimming Pool roof, Fieldsend Oval roof, Metford Child Care Centre, Norm Chapman Oval, King Edward Park, Smythe Oval, St Ethels Brass & Pipe Band and Kookaburra Korner Child Care Centre. Works are underway at Maitland Sportsground and Thornton Child Care Centre and are nearing completion on Maitland Library.

2. Woodberry Family Centre

A total of almost $1.1m of grant funding has been received for the construction of a Family Centre at Woodberry. A development application has been approved. Final funding arrangements for the project through the Department of Community Services (DOCS) are currently being worked through along with project delivery relationships. A Construction Certificate has been lodged and it is anticipated an announcement regarding funding will be made shortly.

3. Depot Administration Building

Construction of the Administration Building by RT Parker Pty Ltd installation of work stations and the construction of external works have been completed. Depot staff moved into the new building on 12th May 2006.

4. Kyle Street / Gardiner Street Reconstruction

Reconstruction of approximately 300m of the southern end of Gardiner Street is underway with various subcontractors. Pavement works have been completed for this section of the project with only turfing of footpath areas still be completed.

C&W Constructions has commenced in Kyle Street on the balance of the reconstruction works. Works are progressing well with an initial seal put down in the section around the bend in Kyle Street. Works are expected to be completed, barring wet weather, in July 2006.

5. Maitland Regional Art Gallery – Stage 2

Page 271 ORDINARY MEETING AGENDA 13 JUNE, 2006

COUNCILLOR MOTIONS (Cont.) A tender for the design of the Stage 2 Art Gallery works has been awarded to Paul Berkemeir Architects. Initial design planning is underway.

6. Floodlight Upgrading

An allocation of $200,000 has been made in the 2005 / 2006 Management Plan for the upgrading of floodlights to Council sporting facilities. All works within the program have been completed with the exception of some focusing and adjustment of the lights at various locations.

7. Maitland Park Improvements

A number of projects for Maitland Park were proposed for 2005 / 2006. These include BBQ and table facilities, cricket nets, seating and a storage facility with a total budget of $71,000. Installation of the BBQ’s, tables and seats has been completed. The cricket nets and storage facility have not commenced but quotations are currently being sought and works are due to commence shortly.

8. Coronation Oval

Funds totalling $179,000 were made available for a range of improvements at Coronation Oval. Works including an awning, canteen upgrades, cricket nets, fencing, goal posts, storage shed and landscaping have been completed. The only outstanding project is some bank seating.

9. Somerset Park Sportsground

A tender has been awarded to Keller Civil Engineers for the construction of the Somerset Park sportsground. Site works have commenced with this part of the works due to be completed in mid June. The remainder of the works involving topsoil and grass sprigging is due to be competed by the end of July.

10. Sportsground Fencing

An allocation of $100,000 has been made in the 2005 / 2006 Management Plan for the installation of new fencing at sportsgrounds across the local government area. Work has been completed on all projects with the exception of Morpeth Oval. Work on this project is due to commence shortly.

11. Reconstruction Aberglasslyn Road

A tender for the reconstruction of approximately 500m of Aberglasslyn Road from the New England Highway to Alexandra Avenue has been awarded to Woodburys Civil. Works are due to commence in early June and be completed by October 2006.

Page 272 ORDINARY MEETING AGENDA 13 JUNE, 2006

COUNCILLOR MOTIONS (Cont.) 10.2 COUNCILLOR MOTIONS

File No: 35/61

Responsible Officer: David Evans General Manager

Author: David Evans General Manager

EXECUTIVE SUMMARY The following report details the current status of Councillor Motions/Urgent Business/Questions Without Notice which are currently being actioned by Council Officers.

OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.

REPORT See attached report.

Page 273 ORDINARY MEETING AGENDA 13 JUNE, 2006

COUNCILLORS MOTIONS – JUNE 2006

DATE OF ITEM SUBJECT FILE NO. COUNCIL RESOLUTION CURRENT STATUS MEETING NO. 10-Aug-04 11.2 Thornton North - Naming of 103/106 THAT Council initiate a process to determine a place name A shortlist of possible names for New Residential Community for the new residential community at Thornton North. The Thornton North is currently being - Notice of Motion by Clr process to include contributions from the public and considered by the Thornton North Keating stakeholders in the development of Thornton North. Working Group. A further report will be presented to Council once a recommendation is made by the group.

28-Sep-04 12.5 Fill in Low Lying Areas - Clr Procter asked if the General Manager could highlight to Meeting at Millers Forest Hall held Question without Notice by the Hunter Councils the amount of fill in low lying areas in 13 July 2005. Attended by officers Clr Procter new residential and industrial development sites. of Newcastle Council and Maitland Council, a Federal Member representative and Clr Procter (DIPNR and State Government did not attend). Discussed many of the factors surrounding the issue of "lost" farming land to flooding of wetlands in minor rain events. The consensus was that the best direction is to establish solid evidence and study the many factors involved. It is thought that the Catchment Management Authority (CMA) is the appropariate body to initiate such a study / investigation. The Millers Forest Group will present a case to the CMA, with MCC and NCC to assist with content and presentation. Awaiting details from the group.

Page 274 ORDINARY MEETING AGENDA 13 JUNE, 2006

COUNCILLOR MOTIONS (Cont.)

DATE OF ITEM SUBJECT FILE NO. COUNCIL RESOLUTION CURRENT STATUS MEETING NO. 18-Oct-05 12.5 Development Applications - Clr Geoghegan enquired as to whether Council could Photos Montages and 3D additional information - request applicants to supply 3D drawings of their impressions remain relatively Questions without Notice by developments. expensive for most applications Clr Geoghegan however Council's Development Control Unit (DCU) are now assessing the need ie advising potential applicants of Council's requirements to submit as necessary.

08-Nov-05 11.2 Planning Controls 133/1 THAT Revision of the existing urban 1. Maitland City Council facilitate the review of minimum housing development control plan is site area for dwellings in specific areas of the Maitland LGA underway with a draft expected to to enhance the affordability of housing accommodation and be finalised by July 2006. provide a greater range of accommodation options throughout the city. 2. The review include identification of areas most suitable for redevelopment and incorporate provisions which will ensure high quality development outcomes. 24-Jan-06 11.2 Section 356 Donations 10/1 THAT Working party established with Clr Policy - Notice of Motion by 1. Maitland Council establish a working party consisting of White as chairperson. Second Clr White the Mayor (or his nominee), two (2) Councillors and (3) meeting has been held. Reviewing Council Staff to review the Section 356 Donations Policy current grant program from LGA's with particular attention to be paid to the criteria currently in and scoping our program. Meetings use, the legislative ramifications of the Local Government to be held monthly. Act and the needs of the Maitland Community. The working group would return to Council with a model for discussion and ratification at the end of its deliberations 2. Clr White and Clr Power to be elected to the committee and that Clr Garnham be elected as the Mayor's nominee

Page 275 ORDINARY MEETING AGENDA 13 JUNE, 2006

COUNCILLOR MOTIONS (Cont.)

DATE OF ITEM SUBJECT FILE NO. COUNCIL RESOLUTION CURRENT STATUS MEETING NO. 8/06/2004 11.1 Central Maitland 103/4 THAT1. The General Manager prepare a report for $75,000 funding has been received Development - Notice of consideration by Council outlining alternative strategies for from the Department of Planning for Motion by Clr Humphery the sale and/or development of Council's land holding Structure Planning in Central between Church and Elgin Streets, Maitland2. The report Maitland. The MOU has been also provide information on matters relating to the signed and work has commenced development of this area including but not limited to:a) on Stage 1 of the structure planning. status of existing parking facilitiesb) relevant development The proposed Structure Plan will standards including height and floor space ratiosc) land examine strategies for the future use mixd) traffic management3. Strategies assessed development of the CBD. include council participation by way of joint venture

18/10/2005 13.1 EOI - William the Fourth - 139/6 THAT Council lodge an Expression of Interest for the Expression of Interest lodged. Urgent business by Clr vessel "William the Fourth". Awaiting next stage in Newcastle Garnham Council tender process. 28/03/2006 11.1 Medical Practitioners - P20825 THAT Council investigate means by which it can attract Investigation to be prioritised Notice of Motion by Clr General Practitioners to the City. against other strategic projects. Geoghegan 26/04/05 11.2 Review of Service Level for 122/966 THAT Service level agreements are being Regular Mowing of Council 1. Council review the service level provided for the regular developed for the major asset areas Properties and in particular - mowing of council properties, in particular, footpaths, and will include the maintenance of Footpaths, median strips median strips and public reserves Council properties, footpaths, and public reserves 2. The review to take into account the increase lands that median strips, etc. council now have responsibility for maintaining due the large increase in developments in the Maitland Municipality. 3. The need for allocating additional resources to maintain a service level that is acceptable from a local community point of view and in particular visitors attending the National MG Car Club Rally and Steamfest 4. A progress report on the review be brought back to Council before 30 June 2005

Page 276 ORDINARY MEETING AGENDA 13 JUNE, 2006

COUNCILLOR MOTIONS (Cont.)

DATE OF ITEM SUBJECT FILE NO. COUNCIL RESOLUTION CURRENT STATUS MEETING NO. 9/05/06 13.1 Mindaribba Land Council P35474 THAT Council write to the appropriate Minister in relation to Letter being forwarded. the parcel of land between Mindaribba Land Council and the New England Highway Metford 23/05/06 11.1 Delineation of Suburbs - 122/906/1 THAT Council provides subdivision signage at appropriate Signage installation programme will Notice of Motion submitted locations delineating one suburb from another - for be undertaken ni 2006/2007 by Clr Fairweather example, Sign in Maize Street indicating entry into Tenambit; sign in South Street indicating entry into the suburb of Telarah; Bolwarra and Largs and so on. 23/05/06 13.1 New England Highway 140/5 THAT Request being forwarded to RTA. Traffic Study 1. Council invite the Regional Manager of the RTA to discuss and advise of the traffic studies on the New England Highway. 2. If necessary organise a deputation to the Minister for Roads regarding the above. 12/07/2005 11.1 Dual Water Supply Scheme 145/10 THAT Submission made to IPART to 1. Maitland City Council in consultation with Hunter Water review costs for recycled water investigate the possibility of implementing a dual water schemes. supply scheme in new urban areas using grey water or untreated river water. 2. The volume of grey water available at various treatment plants, the impact on future water resource requirements the advantage of such a recycling scheme and the feasibility be established 3. The feasibility of providing the pumping facilities to provide untreated river water in new urban areas not in close proximity to treatment plants be investigated. 4. If the project is feasible the State Government through our local member Mr John Price MP be asked for financial support to pilot a recycling programme.

Page 277 ORDINARY MEETING AGENDA 13 JUNE, 2006

COUNCILLOR MOTIONS (Cont.)

DATE OF ITEM SUBJECT FILE NO. COUNCIL RESOLUTION CURRENT STATUS MEETING NO. 14/03/2006 11.1 Policy - Pre-Schools - New 133/1 THAT the General Manager formulate a policy for council Background material being Residential Subdivisions - on Pre-School requirements for inclusion in the guidelines investigated and policy to be Notice of Motion by Clr pertaining to new residential subdivisions. prepared and presented to Council. Fairweather The policy to take into account: - the number of Pre-School places required based on estimated population of new subdivisions (ie Thornton North) - location for Pre-School in that subdivision, taking into account the road network and width roads - resident living areas and impacts on those residents.

Page 278 ORDINARY MEETING AGENDA 13 JUNE, 2006

10.3 COUNCIL’S HOMEPAGE STATISTICS

File No: 31/15

Responsible Officer: Graeme Tolhurst Group Manager Finance and Administration

Author: Adam McCarthy Helpdesk Support Officer

EXECUTIVE SUMMARY This report provides statistics about Council’s web site. The statistics contained in the report allows Council to identify the type of services being accessed or used by the public and other organisations.

OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.

REPORT March 2006 April 2006 May 2006 No. of visits to the MCC 23,245 17,911 20,349 website Top Five web pages with Positions Positions Positions highest no. of visitors (not Vacant Vacant Vacant homepage) Council Council Council Information Information Information Planning Planning Planning City City Library Information Information City OPIS Library Information No. of rates paid electronically (depends on 128 40 286 instalment dates) No. of Property Certificates 6 1 3 paid electronically

Page 279 ORDINARY MEETING AGENDA 13 JUNE, 2006

10.4 SHOWGROUND NOTIFICATION OF EVENTS

File No: P11286

Attachment Showground Notification Event Protocol

Responsible Officer: David Simm Manager Development & Environment

Author: Deanne Nelson-Pritchard Senior Environmental Health Officer

EXECUTIVE SUMMARY On 29 April 2006 an event was held at the Maitland Showground titled “Groove in the Moo”, which resulted in unacceptable interruption to Maitland residents through noise and offensive language.

Council organised a meeting with the Showground Society to assist with a notification protocol, which should see a more effective method of notification and advertising of events, noise mitigation procedures and complaint handling.

OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.

REPORT On 29 April 2006 an event was held at the Maitland Showground titled “Groove in the Moo”, which resulted in interruption to Maitland residents through noise and offensive language. This resulted in multiple complaints being received and a high profile in the media. All complainants were either contacted by phone or letter to discuss concerns.

The Maitland Showground is a long standing and approved venue for sporting, recreation and leisure activities and is run by the Hunter River Agricultural and Horticultural Association. Council is not involved in the control or management of the Showground, and approval was not required for the concert in question.

Some of the complainants, especially those closest to the Showground are elderly and/or invalid, who were more impacted than other residents as they were unable to leave their premises.

Council organised a meeting with the Showground Society to assist with a notification protocol, which should see a more effective method of notification and advertising of events, noise mitigation procedures and complaint handling. (Attachment 1)

Though Council has no role in approving individual events, Council is able to guide the Society if they required additional information on noise mitigation in the future.

Page 280 ORDINARY MEETING AGENDA 13 JUNE, 2006

Showground notification of events (Cont.) Event notification is only foreseen for noisy, offensive or fireworks events. The notification protocol should see better complaint handling by all contact numbers being available to organisers of events.

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Showground notification of events (Cont.)

Officers Reports

SHOWGROUND NOTIFICATION OF EVENTS

Showground Notification Event Protocol

Meeting Date: 13th June 2006

Attachment No : 1

Number of Pages : 1

Page 282 ORDINARY MEETING AGENDA 13 JUNE, 2006

Showground notification of events (Cont.)

Page 283 ORDINARY MEETING AGENDA 13 JUNE, 2006

11 NOTICE OF MOTION/RESCISSION

11.1 REDUCTION OF SPEED ZONES ON THE NEW ENGLAND HIGHWAY FROM RUTHERFORD TO LOCHINVAR NOTICE OF MOTION SUBMITTED BY CLR RAY FAIRWEATHER

File No: 140/5

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Clr Ray Fairweather has indicated his intention to move the following Notice of Motion at the next Ordinary Meeting of Council on 13 June 2006, as follows:

That: Maitland City Council requests the NSW Roads and Traffic Authority to consider reducing the 100km/hr speed zone to 80km/hr from Kyle Street Rutherford to the 60km/hr zone past Airds Business at Lochinvar for the following reasons:

1. Entrances to a number of home industries and private dwellings off this stretch of highway 2. Windella Road and the New England Highway intersection now services an increasing number of new residential developments along Windella Road. 3. Entrance to Maitland Airport 4. Increased traffic on the New England Highway.

COMMENT BY GROUP MANAGER Council’s request will be forwarded to the RTA.

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 284 ORDINARY MEETING AGENDA 13 JUNE, 2006

11.2 WATER SHARING PROPOSAL FOR THE TIDAL POOL OF THE PATERSON AND HUNTER RIVERS NOTICE OF MOTION SUBMITTED BY CLR ARCH HUMPHERY

File No: 145/1

Responsible Officer: Brad Everett Group Manager

Clr Arch Humphery has indicated his intention to move the following Notice of Motion at the next Ordinary Meeting of Council on 13 June 2006, as follows:

That: Maitland City Council contact the Minister for Natural Resources, The Hon Ian Macdonald MLC, and oppose the water sharing proposal for the tidal pool of the Paterson and Hunter Rivers on the following grounds:

(a) The licensing allocation and charging for water that is often so saline ie (35,000 ppm) particularly in drought is unfair.

(b) Some irrigators that can only pump at low tide for short periods to avoid high salt concentrations will be disadvantaged by cost and forced to cease operation.

(c) To avoid reductions in allocations irrigators will be forced to use saline water degrading their land under the present allocation system.

(d) All landholders with access to the river will be forced to take up an allocation of poor quality water to avoid their land being devalued without water rights putting further pressure on a marginal resource.

(e) That the water rights will not be attached to the land that can be purchased and traded by anyone will put at risk the future viability of the Lower Paterson and Hunter River flats.

COMMENT BY CLR HUMPHERY Some 40 years ago after a prolonged drought the landholders on the tidal section of the Paterson River to the junction of the Hunter River were asked to support the construction of the Lostock dam, on the basis that it would improve their water quality, and provide irrigation water for an irrigable area of 11,600 acres from the dam to the Hunter River. 90% of that area is in the tidal pool.

For the past 40 years irrigation water from Lostock has been denied on the basis that tidal water came under the control of the Public Works Dept and the supply authority had no obligation to supply the tidal pool so to have the natural flushes that are now caught by the dam degrading the water quality in the tidal pool even further.

Page 285 ORDINARY MEETING AGENDA 13 JUNE, 2006

WATER SHARING PROPOSAL FOR THE TIDAL POOL OF THE PATERSON AND HUNTER RIVERS (Cont.)

The current proposal puts further pressure on that resource as no landholders want their property value lost encouraging further irrigation expansion to maintain the right to water, as they will lose their existing rights.

The current situation is we are in drought Lostock Dam is full, supplying irrigation water to some 1500 acres while the salinity levels continue to rise in the tidal pool.

It is noted in the Water Sharing Documentation that the intention is to restrict irrigation in the tidal pool with the intent that 95% remain unused.

Which places at risk one of our greatest natural resources now and for the future?

COMMENT BY GROUP MANAGER Whilst this issue is not a matter of direct jurisdiction of Council, the view expressed by this notice of motion is not without merit. However for officers to properly respond to the notice of motion and endorse a position, a greater level of review of all the issues and potentially conflicting viewpoints, related to the proposal, would be necessary.

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 286 ORDINARY MEETING AGENDA 13 JUNE, 2006

12 QUESTIONS WITHOUT NOTICE

13 URGENT BUSINESS

Page 287 ORDINARY MEETING AGENDA 13 JUNE, 2006

14 COMMITTEE OF THE WHOLE

14.1 CONSIDERATION OF TENDERS - PROVISION OF INVESTMENT ADVISORY SERVICES

File No: 137/1070

Responsible Officer: Graeme Tolhurst Group Manager - Finance and Administration

Author: Stephen Burgess Compliance Accountant

EXECUTIVE SUMMARY The investment industry is continually developing new and increasingly diverse and complex investment products. These products are frequently offered to Council from many different financial brokers, however, they are often very difficult to compare, represent longer term commitments of capital, and may incorporate increased risk factors, that, whilst promising superior returns, may jeopardise the actual capital invested.

Council would therefore benefit with the provision of professional, independent advice and reporting services that would ensure that Council’s investment portfolio is structured to achieve the best possible return with an agreed and acceptable level of risk.

Following an internal audit of investment procedures, and taking into account the complexities of today’s investment products, as well as the size of Council’s investment portfolio (varies between $26 million and $30 million), tenders for the provision of investment advisory services have been called and are presented for Council’s consideration and determination. The tenders are being reported to the 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)(ii) commercial information of a confidential nature that would, if disclosed: confer a commercial advantage on a competitor of the council

Page 288 ORDINARY MEETING AGENDA 13 JUNE, 2006

14.2 COMPULSORY PURCHASE OF CROWN LAND SEMPILL STREET MAITLAND FOR CAR PARKING

File No: P40679

Responsible Officer: Graeme Tolhurst Group Manager Finance and Administration

Author: Frank Shrimpton Property and Risk Management Coordinator

EXECUTIVE SUMMARY The Department of Local Government requires an amendment to Council’s resolution of 28 February 2006 in regard to the acquisition of land in Sempill Street Maitland for car parking.

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)(ii) commercial information of a confidential nature that would, if disclosed: confer a commercial advantage on a competitor of the council

Page 289 ORDINARY MEETING AGENDA 13 JUNE, 2006

14.3 VACANT LAND - 12 FREWIN AVENUE WOODBERRY

File No: P15537

Responsible Officer: Graeme Tolhurst Group Manager Finance and Administration

Author: Frank Shrimpton Property and Risk Management Coordinator

EXECUTIVE SUMMARY This property was the subject of a report to Council on 12 October 2004.Rezoning and Reclassification of the land has been completed. This report is required to further advance the management of this asset.

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:

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business

Page 290 ORDINARY MEETING AGENDA 13 JUNE, 2006

15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE

16 CLOSURE

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