Reports, recommendations and supporting documentation can be accessed via the Council 1 Website at www.darwin.nt.gov.au, at Council Public Libraries or contact Linda Elmer on (08) 89300 670.

ORDINARY COUNCIL MEETING - OPEN SECTION PAGE 2ND COU8/1 TUESDAY 28 AUGUST 2012

CITY OF DARWIN

TENTH ORDINARY MEETING OF THE TWENTY-FIRST COUNCIL

TUESDAY, 28 AUGUST 2012

MEMBERS: The Right Worshipful, Lord Mayor, Ms K M Fong Lim, (Chairman); Member J M Anictomatis; Member R K Elix; Member H I Galton; Member G J Haslett; Member R M Knox; Member G A Lambert; Member G Lambrinidis; Member R Lesley; Member A R Mitchell; Member S J Niblock; Member R Want de Rowe; Member K J Worden.

OFFICERS: Chief Executive Officer, Mr B P Dowd; General Manager Corporate Services, Mr F Crawley; General Manager Infrastructure, Mr L Cercarelli; General Manager Community & Cultural Services, Mr J Banks; Executive Manager, Mr M Blackburn; Committee Administrator, Ms L Elmer.

Enquiries and/or Apologies: Linda Elmer E-mail: [email protected] PH: 8930 0670

* * * I N D E X * * * PAGE

1 ACKNOWLEDGEMENT OF COUNTRY ...... 4

2 THE LORD’S PRAYER ...... 4

3 MEETING DECLARED OPEN ...... 4

4 APOLOGIES AND LEAVE OF ABSENCE ...... 4

5 ELECTRONIC MEETING ATTENDANCE...... 4

6 DECLARATION OF INTEREST OF MEMBERS AND STAFF...... 5

7 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

7.1 Ordinary Council Meeting 14/08/12 ...... 5

Tenth Meeting of the Twenty-First Council – Tuesday, 28 August 2012 PAGE 2nd COU8/1 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council 2 Website at www.darwin.nt.gov.au, at Council Public Libraries or contact Linda Elmer on (08) 89300 670.

ORDINARY COUNCIL MEETING - OPEN SECTION PAGE 2ND COU8/2 TUESDAY 28 AUGUST 2012

8 BUSINESS ARISING FROM THE MINUTES OF PREVIOUS MEETING

8.1 Business Arising ...... 5

9 MATTERS OF PUBLIC IMPORTANCE ...... 5

10 DEPUTATIONS AND BRIEFINGS...... 5

11 PUBLIC QUESTION TIME ...... 5

12 CONFIDENTIAL ITEMS

12.1 Closure to the Public for Confidential Items...... 6 12.2 Moving Open Items Into Confidential ...... 6 12.3 Moving Confidential Items Into Open ...... 6

13 PETITIONS...... 6

14 NOTICES OF MOTION ...... 6

15 COMMITTEE REPORTS

15.1 Community & Cultural Services 20/08/12 ...... 7 15.2 Corporate & Economic Development 22/08/12 ...... 12 15.3 Environment & Infrastructure 21/08/12 ...... 14 15.4 CBD Car Parking Advisory 22/08/12 ...... 17

16 OFFICERS REPORTS

16.1 Request to Utilise and Develop Over Lots 5313, 5314 and 5321 Darwin CBD and the Bennett Street Road Reserve ...... 19 16.2 Request to Leave Part of Nightcliff Oval for Telstra Next G Mobile Base Station...... 53 16.3 Lee Point Road Contribution Plan...... 100 16.4 437th Anniversary of the City of Ambon ...... 129 16.5 Strategic Plan Review – Community Consultation...... 138

Tenth Meeting of the Twenty-First Council – Tuesday, 28 August 2012 PAGE 2nd COU8/2 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council 3 Website at www.darwin.nt.gov.au, at Council Public Libraries or contact Linda Elmer on (08) 89300 670.

ORDINARY COUNCIL MEETING - OPEN SECTION PAGE 2ND COU8/3 TUESDAY 28 AUGUST 2012

17 INFORMATION ITEMS AND CORRESPONDENCE RECEIVED

17.1 Call for Nomination - Local Government Waste Advisory Board...... 159

18 REPORTS OF REPRESENTATIVES...... 166

19 QUESTIONS BY MEMBERS ...... 166

20 GENERAL BUSINESS...... 166

21 DATE, TIME AND PLACE OF NEXT ORDINARY COUNCIL MEETING.166

22 CLOSURE OF MEETING TO THE PUBLIC...... 166

23 ADJOURNMENT OF THE MEETING AND MEDIA LIAISON...... 166

Tenth Meeting of the Twenty-First Council – Tuesday, 28 August 2012 PAGE 2nd COU8/3 3 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council 4 Website at www.darwin.nt.gov.au, at Council Public Libraries or contact Linda Elmer on (08) 89300 670.

ORDINARY COUNCIL MEETING - OPEN SECTION PAGE 2ND COU8/4 TUESDAY 28 AUGUST 2012

1 ACKNOWLEDGEMENT OF COUNTRY

2 THE LORD’S PRAYER

3 MEETING DECLARED OPEN

4 APOLOGIES AND LEAVE OF ABSENCE

4.1 Apologies

4.2 Leave of Absence Granted

THAT it be noted that Member H I Galton is an apology due to a Leave of Absence being previously granted on 31 July 2012 for the period 27 August 2012 to 10 September 2012.

DECISION NO.21\() (28/08/12)

4.3 Leave of Absence Requested

A. THAT a Leave of Absence be granted for The Right Worshipful, Lord Mayor, Ms Katrina Fong Lim for the period 20 – 30 September 2012 and 31 October 2012 – 4 November 2012..

B. THAT a Leave of Absence be granted for Member G A Lambert for the period 31 August 2012 – 7 September 2012.

DECISION NO.21\() (28/08/12)

Tenth Meeting of the Twenty-First Council – Tuesday, 28 August 2012 PAGE 2nd COU8/4 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council 5 Website at www.darwin.nt.gov.au, at Council Public Libraries or contact Linda Elmer on (08) 89300 670.

ORDINARY COUNCIL MEETING - OPEN SECTION PAGE 2ND COU8/5 TUESDAY 28 AUGUST 2012

6 DECLARATION OF INTEREST OF MEMBERS AND STAFF

7 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

7.1 Confirmation of the Previous Ordinary Council Meeting Common No. 1955119

THAT the tabled minutes of the previous Ordinary Council Meeting held on Tuesday, 14 August 2012, be received and confirmed as a true and correct record of the proceedings of that meeting.

DECISION NO.21\() (28/08/12)

8 BUSINESS ARISING FROM THE MINUTES OF PREVIOUS MEETING

8.1 Business Arising

9 MATTERS OF PUBLIC IMPORTANCE

10 DEPUTATIONS AND BRIEFINGS

Nil

11 PUBLIC QUESTION TIME

Nil

Tenth Meeting of the Twenty-First Council – Tuesday, 28 August 2012 PAGE 2nd COU8/5 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council 6 Website at www.darwin.nt.gov.au, at Council Public Libraries or contact Linda Elmer on (08) 89300 670.

ORDINARY COUNCIL MEETING - OPEN SECTION PAGE 2ND COU8/6 TUESDAY 28 AUGUST 2012

12 CONFIDENTIAL ITEMS

12.1 Closure to the Public for Confidential Items Common No. 1944604

THAT pursuant to Section 65 (2) of the Local Government Act and Regulation 8 of the Local Government (Administration) Regulations the meeting be closed to the public to consider the Confidential matters referred from Committees including Confidential Committee Items, and the following Items:-

Item Regulation Reason

C24.1 8(c)(ii) Information that would, if publicly disclosed, be likely to prejudice the maintenance or administration of the law.

DECISION NO.21\() (28/08/12)

12.2 Moving Open Items Into Confidential

12.3 Moving Confidential Items Into Open

13 PETITIONS

Nil

14 NOTICES OF MOTION

Nil

Tenth Meeting of the Twenty-First Council – Tuesday, 28 August 2012 PAGE 2nd COU8/6 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council 7 Website at www.darwin.nt.gov.au, at Council Public Libraries or contact Linda Elmer on (08) 89300 670.

ORDINARY COUNCIL MEETING - OPEN SECTION PAGE 2ND COU8/7 TUESDAY 28 AUGUST 2012

15 COMMITTEE REPORTS

15.1 COMMUNITY & CULTURAL SERVICES (20/08/12)

Presentation of Report by Chairman - Member G I Galton

Recommendations from the Community & Cultural Services Committee Meeting held on Monday, 20 August 2012

1 Nightcliff Community Hall Cooling Project Presentation by Bennett Design Document No. 2301401 (20/08/12)

A. THAT the Presentation by Bennett Design, in relation to Nightcliff Community Hall Cooling Project, Document Number 2301401, be received and noted.

B. THAT a further report be presented identifying other options to progress this project.

DECISION NO.21\() (28/08/12)

2 Community & Cultural Services Team Report – July 2012 Report No. 12C0056 KH:ES (20/08/12) Common No. 1733166

THAT Report Number 12C0056 KH:es entitled, Community Development Team Update - July 2012, be received and noted.

DECISION NO.21\() (28/08/12)

Tenth Meeting of the Twenty-First Council – Tuesday, 28 August 2012 PAGE 2nd COU8/7 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council 8 Website at www.darwin.nt.gov.au, at Council Public Libraries or contact Linda Elmer on (08) 89300 670.

ORDINARY COUNCIL MEETING - OPEN SECTION PAGE 2ND COU8/8 TUESDAY 28 AUGUST 2012

15 COMMITTEE REPORTS

15.1 COMMUNITY & CULTURAL SERVICES (20/08/12)

Presentation of Report by Chairman - Member G I Galton

Recommendations from the Community & Cultural Services Committee Meeting held on Monday, 20 August 2012

3 Regulatory Services Monthly Update – July 2012 Report No. 12C0051 DN:MRG (20/08/12) Common No. 1330602

A. THAT Report Number 12C0051 DN:MRG entitled, Regulatory Services Update July 2012, be received and noted.

B. THAT signage be installed indicating that there is no parking on the Bradshaw Terrace Median and that measures be investigated to physically prevent parking on this area.

C. THAT ‘no camping’ signs be installed as a matter of urgency in Lindsay Street.

D. THAT the parking arrangements along Gardens Road particularly in the vicinity of Gardens Oval and the George Brown Botanic Gardens be reviewed.

DECISION NO.21\() (28/08/12)

4 Libraries Information Update for July 2012 Report No. 12P0007 KC:md (20/08/12) Common No. 1943023

THAT Report Number 12P0007 entitled, Libraries Information Update for July 2012, be received and noted.

DECISION NO.21\() (28/08/12)

Tenth Meeting of the Twenty-First Council – Tuesday, 28 August 2012 PAGE 2nd COU8/8 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council 9 Website at www.darwin.nt.gov.au, at Council Public Libraries or contact Linda Elmer on (08) 89300 670.

ORDINARY COUNCIL MEETING - OPEN SECTION PAGE 2ND COU8/9 TUESDAY 28 AUGUST 2012

15 COMMITTEE REPORTS

15.1 COMMUNITY & CULTURAL SERVICES (20/08/12)

Presentation of Report by Chairman - Member G I Galton

Recommendations from the Community & Cultural Services Committee Meeting held on Monday, 20 August 2012

5 Liveability Update July 2012 Report No. 12C0060 FR:kl (20/08/12) Common No. 2258931

THAT Report Number 12C0060 FR:kl entitled, Liveability Update for July 2012, be received and noted.

DECISION NO.21\() (28/08/12)

6 Overview of the Territory Day Fireworks Activities 2012 Report No. 12C0057 DN:mrg (20/08/12) Common No. 2212051

A. THAT Report Number 12C0057 DN:mrg entitled, Overview of the Territory Day Fireworks Activities 2012, be received and noted.

B. THAT Council write to the NT Government requesting compensation for costs associated with the regulation of Territory Day 2012 activities.

DECISION NO.21\() (28/08/12)

Tenth Meeting of the Twenty-First Council – Tuesday, 28 August 2012 PAGE 2nd COU8/9 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council 10 Website at www.darwin.nt.gov.au, at Council Public Libraries or contact Linda Elmer on (08) 89300 670.

ORDINARY COUNCIL MEETING - OPEN SECTION PAGE 2ND COU8/10 TUESDAY 28 AUGUST 2012

15 COMMITTEE REPORTS

15.1 COMMUNITY & CULTURAL SERVICES (20/08/12)

Presentation of Report by Chairman - Member G I Galton

Recommendations from the Community & Cultural Services Committee Meeting held on Monday, 20 August 2012

7 Skateboarding Request For Funds Report No. 12C0062 AR:kl (20/08/12) Common No. 2275982

A. THAT Report Number 12C0062 AR:kl entitled, Skateboarding Australia Request For Funds, be received and noted.

B. THAT Council provide a $4,800 contribution towards SbA’s program costs for 2012/13 to ensure that a diverse range of recreational events continue to be provided for residents.

C. THAT further investigation be made to determine the amount and level of in-kind support that Council may provide as add-on activities to the SbA Hub program to engage the wider community.

DECISION NO.21\() (28/08/12)

8 Minutes of Arts and Cultural Development Advisory Committee (ACDAC) Meeting 31 May 2012 and Poster Noticeboards Report No. 12C0059 AR:kl (20/08/12) Common No. 2261691

A. THAT Report Number 12C0059 AR:kl entitled, Minutes of Arts and Cultural Development Advisory Committee (ACDAC) Meeting 31 May 2012 and Poster Noticeboards, be received and noted.

B. THAT Council undertake design development for the provision of a minimum of two dedicated poster noticeboards in The Mall, to be integrated into the existing shade structures at the Bennett Street and Knuckey Street ends of The Mall.

DECISION NO.21\() (28/08/12)

Tenth Meeting of the Twenty-First Council – Tuesday, 28 August 2012 PAGE 2nd COU8/10 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council 11 Website at www.darwin.nt.gov.au, at Council Public Libraries or contact Linda Elmer on (08) 89300 670.

ORDINARY COUNCIL MEETING - OPEN SECTION PAGE 2ND COU8/11 TUESDAY 28 AUGUST 2012

15 COMMITTEE REPORTS

15.1 COMMUNITY & CULTURAL SERVICES (20/08/12)

Presentation of Report by Chairman - Member G I Galton

Recommendations from the Community & Cultural Services Committee Meeting held on Monday, 20 August 2012

9 Minutes Youth Advisory Group 1 August 2012 Report No. 12C0061 SP:kl (20/08/12) Common No. 2301090

A. THAT Report Number 12C0061 SP:kl entitled, Minutes Youth Advisory Group 1 August 2012 be received and noted.

B. THAT Youth Advisory Group members be supported to attend the Youth Conference 1 – 2 October 2012 of a maximum expenditure from existing youth budgets of $1800.

C. THAT Council support in principal the Youth Leading the World conference by having a representative attend the youth led community forum on day three of the conference.

D. THAT the Youth Advisory Group note the resignation of Michael Hall and a letter of thanks from the Lord Mayor be provided.

DECISION NO.21\() (28/08/12)

10 Request for Financial Assistance with Maintenance of Cricket Pitch at Gardens Oval Report No. 12C0063 FR:kl (20/08/12) Common No. 2060906

A. THAT Report Number 12C0063 FR:kl entitled, Request for Financial Assistance with Maintenance of Cricket Pitch at Gardens Oval, be received and noted.

B. THAT Council decline to make an annual payment to the Waratah Cricket Club for the maintenance of the cricket pitch at Gardens Oval.

DECISION NO.21\() (28/0812)

Tenth Meeting of the Twenty-First Council – Tuesday, 28 August 2012 PAGE 2nd COU8/11 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council 12 Website at www.darwin.nt.gov.au, at Council Public Libraries or contact Linda Elmer on (08) 89300 670.

ORDINARY COUNCIL MEETING - OPEN SECTION PAGE 2ND COU8/12 TUESDAY 28 AUGUST 2012

15 COMMITTEE REPORTS

15.2 CORPORATE & ECONOMIC DEVELOPMENT (22/08/12)

Presentation of Report by Chairman - Member R Lesley

Recommendations from the Corporate & Economic Development Committee Meeting held on Wednesday, 22 August 2012

1 Corporate Services Monthly Report – July 2012 Report No. 12A0118 (10/08/12) Common No. 339108

THAT Report Number 12A0118, Corporate Services Monthly Report – July 2012 be received and noted.

DECISION NO.21\() (28/08/12)

2 Financial Report to Council – July 2012 Report No. 12A0119 (10/08/12) Common No. 339122

THAT Report Number 12A0119 entitled, Financial Report to Council – July 2012, be received and noted.

DECISION NO.21\() (28/08/12)

3 Listing of Cheques/EFT Payments – July 2012 Report No. 12A0120 (10/0812) Common No. 339125

THAT Report Number 12A0120, Listing of Cheques / EFT Payments – July 2012 be received and noted.

DECISION NO.21\() (28/08/12)

Tenth Meeting of the Twenty-First Council – Tuesday, 28 August 2012 PAGE 2nd COU8/12 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council 13 Website at www.darwin.nt.gov.au, at Council Public Libraries or contact Linda Elmer on (08) 89300 670.

ORDINARY COUNCIL MEETING - OPEN SECTION PAGE 2ND COU8/13 TUESDAY 28 AUGUST 2012

15 COMMITTEE REPORTS

15.2 CORPORATE & ECONOMIC DEVELOPMENT (22/08/12)

Presentation of Report by Chairman - Member R Lesley

Recommendations from the Corporate & Economic Development Committee Meeting held on Wednesday, 22 August 2012

4 Monthly On-Street & Off-Street Parking Statistics – July 2012 Report No. 12A0121 (10/08/12) Common No. 376351

THAT Report Number 12A0121 entitled Monthly On-Street and Off-Street Parking Statistics – July 2012, be received and noted

DECISION NO.21\() (28/08/12)

5 Refund Method on Deposits Report No. 12A0115 (10/08/12) Common No. 2227180

THAT Report Number 12A0115 entitled, Refund Method On Deposits, be received and noted.

DECISION NO.21\() (28/08/12)

Tenth Meeting of the Twenty-First Council – Tuesday, 28 August 2012 PAGE 2nd COU8/13 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council 14 Website at www.darwin.nt.gov.au, at Council Public Libraries or contact Linda Elmer on (08) 89300 670.

ORDINARY COUNCIL MEETING - OPEN SECTION PAGE 2ND COU8/14 TUESDAY 28 AUGUST 2012

15 COMMITTEE REPORTS

15.3 ENVIRONMENT & INFRASTRUCTURE (21/08/12)

Presentation of Report by Chairman – Member R K Elix

Recommendations from the Environment & Infrastructure Committee Meeting held on Tuesday, 21 August 2012

1 Substitution of Licensed Premises Application – Go Sushi Train from Shop 5/28 Mitchell Street to Shop 4/28 Mitchell Street Lot 4661 (28) Mitchell Street, Darwin Report No. 12TS0137 BS:FH (21/08/12) Common No. 247110

A. THAT Report Number 12TS0137 BS:FH entitled, Substitution of Licensed Premises Application - Go Sushi Train From Shop 5/28 Mitchell Street To Shop 4/28 Mitchell Street Lot 4661 (28) Mitchell Street, Darwin, be received and noted.

B. THAT Council endorse the letter of response to the Northern Territory Liquor Commission regarding the substitution of Licensed Premise Application – Go Sushi Train, included as Attachment B to Report Number 12TS0137 BS:FH.

DECISION NO.21\() (28/08/12)

Tenth Meeting of the Twenty-First Council – Tuesday, 28 August 2012 PAGE 2nd COU8/14 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council 15 Website at www.darwin.nt.gov.au, at Council Public Libraries or contact Linda Elmer on (08) 89300 670.

ORDINARY COUNCIL MEETING - OPEN SECTION PAGE 2ND COU8/15 TUESDAY 28 AUGUST 2012

15 COMMITTEE REPORTS

15.3 ENVIRONMENT & INFRASTRUCTURE (21/08/12)

Presentation of Report by Chairman – Member R K Elix

Recommendations from the Environment & Infrastructure Committee Meeting held on Tuesday, 21 August 2012

2 Proposed Additional Car Parking, Lot 1450 Stuart Highway, Winnellie Report No. 12TS0140 LC:LM (21/08/12) Common No. 1926104

A. THAT Report Number 12TS0140 LC:LM entitled, Proposed Additional Car Parking, Lot 1450 Stuart Highway, Winnellie, be received and noted.

B. THAT Council provides approval in principle for the issuing of a Permit to Occupy parts of the Hickman Street and Winnellie Road to the owner of Lot 1450 Stuart Highway, Winnellie for the purpose of constructing car parking subject to the following conditions:

 That a Permit to Occupy for a total period of 10 years (5 years plus 5 years be entered into with the owner of Lot 1450 Stuart Highway, Winnellie.  That the applicant pay an annual charge to utilise the land as determined by the Australian Valuer General and that this charge be subject to annual CPI increases.  That the design and construction be generally undertaken in accordance with the City of Darwin Parking Policy Number 003 Design Criteria and to the satisfaction of the General Manager – Infrastructure, Darwin City Council at no cost to Council.  That the verge area adjacent to the car parks and surrounding the allotment is to be landscaped to the satisfaction of the General Manager – Infrastructure at no cost to Council by the developer.  That the developer/owner will be responsible for the ongoing maintenance of the verge landscaping.  That the developer/owner will be responsible for the ongoing maintenance of the car park area.

C. THAT the City of Darwin pursuant to Section 32(2) of the Local Government Act 2008 hereby delegates to the Chief Executive Officer, the power to finalise the Permit to Occupy including all associated conditions and financial arrangements and the design, construction and final acceptance by Council of the car parking and landscaping within Hickman Street and Winnellie Road, road reserve adjacent to Lot 1450 Stuart Highway. Winnellie in accordance with Report 12TS0140 LC:LM.

DECISION NO.21\() (28/08/12)

Tenth Meeting of the Twenty-First Council – Tuesday, 28 August 2012 PAGE 2nd COU8/15 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council 16 Website at www.darwin.nt.gov.au, at Council Public Libraries or contact Linda Elmer on (08) 89300 670.

ORDINARY COUNCIL MEETING - OPEN SECTION PAGE 2ND COU8/16 TUESDAY 28 AUGUST 2012

15 COMMITTEE REPORTS

15.3 ENVIRONMENT & INFRASTRUCTURE (21/08/12)

Presentation of Report by Chairman – Member R K Elix

Recommendations from the Environment & Infrastructure Committee Meeting held on Tuesday, 21 August 2012

3 Cavenagh Street Upgrade Searcy Street to Daly Street Project – August 2012 Progress Report Report No. 12TS0134 DL:LM (21/08/12) Common No. 223527

THAT Report Number 12TS0134 DL:LM entitled, Cavenagh Street Upgrade Searcy Street To Daly Street Project – August 2012 Progress Report, be received and noted.

DECISION NO.21\() (28/08/12)

4 Legune Avenue, Leanyer – Footpath Construction Report No. 12TS0087 ND:LM (21/08/12) Common No. 2003069

A. THAT Report Number 12TS0086 ND:LM entitled, Legune Avenue, Leanyer - Footpath Construction, be received and noted.

B. THAT Council endorse the construction of a footpath in Legune Avenue, Leanyer following further consultation.

DECISION NO.21\() (28/08/12)

5 Cash for Containers Update August 2012 Report No. 12TS0138 JW:TP (21/08/12) Common No. 1824430

THAT Report Number 12TS0138 JW:TP entitled, Cash For Containers Update August 2012, be received and noted.

DECISION NO.21\() (28/08/12)

Tenth Meeting of the Twenty-First Council – Tuesday, 28 August 2012 PAGE 2nd COU8/16 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council 17 Website at www.darwin.nt.gov.au, at Council Public Libraries or contact Linda Elmer on (08) 89300 670.

ORDINARY COUNCIL MEETING - OPEN SECTION PAGE 2ND COU8/17 TUESDAY 28 AUGUST 2012

15 COMMITTEE REPORTS

15.4 CBD CAR PARKING ADVISORY (22/08/12)

Presentation of Report by Chairman – Lord Mayor, K M Fong Lim

Recommendations from the Bombing of Darwin & Military History Advisory Committee Meeting held on Wednesday, 22 August 2012

1 CBD Parking Strategy Review Update - August 2012 Report No. 12TS0142 LC:LM (22/08/12) Common No. 1952026

Mr Paul Simons, Team Leader Roads and Traffic and Ms Fay Patterson from Tonkin Consulting, accompanied by Ms Jane Munday from Michels Warren Munday were in attendance from 6.07 pm to 7.15 pm to present to the Committee.

A. THAT Report Number 12TS0142 LC:LM entitled, CBD Parking Strategy Review Update - August 2012, be received and noted.

B. THAT comments from CBD Parking Committee Members on the draft Darwin CBD Parking Strategy (July 2012) and the Darwin CBD Parking Strategy Background Report (June 2012) be provided to Council in writing by Friday, 5 October 2012.

DECISION NO.21\() (28/08/12)

Tenth Meeting of the Twenty-First Council – Tuesday, 28 August 2012 PAGE 2nd COU8/17 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council 18 Website at www.darwin.nt.gov.au, at Council Public Libraries or contact Linda Elmer on (08) 89300 670.

ORDINARY COUNCIL MEETING - OPEN SECTION PAGE 2ND COU8/18 TUESDAY 28 AUGUST 2012

16 OFFICERS REPORTS

16.1 Request to Utilise and Develop Over Lots 5313, 5314 and 5321 Darwin CBD and the Bennett Street Road Reserve Report No. 12TS0144 LC:LM (28/08/12) Common No. 2065363

Report Number 12TS0144 LC:LM attached.

16.2 Request to Leave Part of Nightcliff Oval for Telstra Next G Mobile Base Station Report No. 12A0137 (28/08/12) Common No. 1947809

Report Number 12A0137 attached.

16.3 Lee Point Road Contribution Plan Report No. 12TS0086 ND:LM (28/08/12) Common No. 218448

Report Number 12TS0086 ND:LM attached.

16.4 437th Anniversary of the City of Ambon Report No. 12C0065 JB:mrg (28/08/12) Common No. 2301622

Report Number 12C0065 JB:mrg attached.

16.5 Strategic Plan Review – Community Consultation Report No. 12TC0058 (28/08/12) Common No. 1230662

Report Number 12TC0058 attached.

Tenth Meeting of the Twenty-First Council – Tuesday, 28 August 2012 PAGE 2nd COU8/18 19

2ND ORDINARY COUNCIL MEETING/OPEN AGENDA ITEM: 16.1

REQUEST TO UTILISE AND DEVELOP OVER LOTS 5313, 5314 AND 5321, DARWIN CBD AND THE BENNETT STREET ROAD RESERVE

REPORT No.: 12TS0144 LC:LM COMMON No.: 2065363 DATE: 28/08/2012

Presenter: General Manager Infrastructure, Luccio Cercarelli

Approved: Chief Executive Officer, Brendan Dowd

PURPOSE

The purpose of this report is to refer to Council a request, from the owners of Lots 2311, 2312 and 5565 The Mall, Darwin, to utilise Council owned land (Lots 5313, 5314 and 5321) to facilitate their proposed Paspaley Pearls – Charles Darwin Centre development.

LINK TO STRATEGIC PLAN

The issues addressed in this Report are in accordance with the following Goals/Strategies of the Darwin City Council 2008 – 2012 as outlined in the ‘Evolving Darwin Strategic Directions: Towards 2020 and Beyond’:-

Goal 1 Achieve Effective Partnerships and Engage in Collaborative Relationships Outcome 1.1 Improve relations with all levels of Government Key Strategies 1.1.4 Play a strategic role in the planning and developmental processes that impact Darwin

KEY ISSUES

 The owners of Lots 2311, 2312 and 5565 (19, 21 and 23) The Mall, Darwin have submitted a development application to the Northern Territory Government Development Assessment Services for the re-development of the allotments for the purpose of Shops and Offices in a 19 Storey Building. The development is known as the Charles Darwin Centre.  The proposed development encroaches on to Council owned land being Lots 5313, 5314 and 5321 West Lane and the Bennett Street road reserve.  Council as the land owner has not provided authority for the use of its land for the Charles Darwin Centre development.  Council has made a submission to the Development Consent Authority objecting to the development application for a number of reasons.  Consideration of the development application by the Development Consent Authority has been deferred until Council authorises the use of its land. 20

PAGE: 2 REPORT NUMBER: 12TS0144 LC:LM SUBJECT: REQUEST TO UTILISE AND DEVELOP OVER LOTS 5321, 5313 AND 5314, DARWIN CBD AND THE BENNETT STREET ROAD RESERVE

 A request seeking Council’s consent has been received from the Developer.  There are significant matters which would require negotiation with the Developer and final acceptance by Council before any formal agreements to utilise Council land can be execute.

RECOMMENDATIONS

A. THAT Report Number 12TS0144 LC:LM entitled Request To Utilise And Develop Over Lots 5313, 5314 And 5321 Darwin CBD And The Bennett Street Road Reserve, be received and noted.

B. THAT Council provides ‘in principle’ support for the use of sections of Lots 5313, 5314 and 5321 and the Bennett Street of road reserve, to facilitate the proposed Charles Darwin Centre development, subject to the final negotiations on terms and conditions relating to issues such as, but not limited to, tenure type, term of agreement, financial compensation, community outcomes and encroachment size being to the satisfaction of Council.

C. THAT Council endorse the letter of authorisation for the use of sections of its land to facilitate the development application for the proposed Charles Darwin Centre being Attachment F to report number 12TS0144 LC:LM.

D. THAT the City of Darwin pursuant to Section 32 (2) of the Local Government Act 2008 hereby delegates to the Chief Executive Officer, the power to negotiate terms and conditions as outlined but not limited to issues within Report 12TS0144 LC:LM for the use of sections of Lots 5313, 5314 and 5321 and the Bennett Street road reserve in order to facilitate the proposed Charles Darwin Centre on Lots 2311, 2312 and 5565 The Mall, Darwin. The delegation does not extend to concluding a final binding agreement, which will be subject to a further decision of Council, following a report from the Chief Executive Officer as to the outcome of negotiations.

BACKGROUND

There is currently a development application which has been lodged with the Northern Territory Government for the development of shops and offices in a 19 storey building on Lots 2311, 2312 and 5565 (19, 21 and 23) The Mall, Darwin. The proposed development will be known as the Charles Darwin Centre.

Council has considered the development application and lodged a submission which strongly objected on a number of grounds, Attachment A.

One of the reasons for Council’s objection was that the proposal included development over land in the care, control and/ or ownership of the City of Darwin, for which Council (as the land owner), had not consented or granted permission. 21

PAGE: 3 REPORT NUMBER: 12TS0144 LC:LM SUBJECT: REQUEST TO UTILISE AND DEVELOP OVER LOTS 5321, 5313 AND 5314, DARWIN CBD AND THE BENNETT STREET ROAD RESERVE

The Northern Territory Planning Act, section 46 (1), states ‘The owner of land, or a person authorised in writing by the owner, may apply to the consent authority for consent to carry out a development on the land.’

It is acknowledged that the proponents attended Council’s Ordinary Meeting on 12 June 2012 and presented an overview of this development proposal, however, Council has not provided consent for the use of its land. Council indicated at the time to the proponents that they must make a formal written submission to Council for consideration.

It is noted that the development application was lodged with the Northern Territory Government’s Development Assessment Services on 18 June 2012.

Council received a written submission from the applicant on the 2 July 2012, seeking Council consent for the use of Council land, Attachment B.

On the 1 August 2012, Council received correspondence from the Development Consent Authority advising that the matter had been deferred until the applicant provided written authorisation from the City of Darwin for the lodgement and they provided additional information relating to car parking, Attachment C.

A aerial photograph showing the areas in question is provided as Attachment D. Survey drawings provided by the developer relating to their request are provided as Attachment E.

In addition to the letter and survey drawings, the developer has provided a ‘3D Flyaround’ of the proposal which illustrates the development proposal and the Council land affected. This flyaround will be presented at the Council meeting.

DISCUSSION

Council owned allotments 5312, 5313 and 5321 are all zoned Central Business (CB) and land tenure is freehold. Currently Lot 5321 primary use is a road way servicing various allotments on either side of it. Lot 5312 and 5313 have a primary use of being used as an access way to lots fronting The Mall.

West Lane (Lot 5321) currently has two existing encroachments into its airspace being Lot 5311, West Lane Car Park (a Council owned facility) and Lot 2305, 41 The Mall, Darwin (Darwin Plaza) being a car parking facility relating to the development.

Council currently has a long term lease (30 years with a 20 year option) with the owners of Lot 2305 and the area comprises 291m2 for which Council receive an annual income. The arrangement was commenced in 1983.

Council and developer representatives have been in discussions regarding this matter. The following is additional information provided by the developers representative to assist in describing the request:

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PAGE: 4 REPORT NUMBER: 12TS0144 LC:LM SUBJECT: REQUEST TO UTILISE AND DEVELOP OVER LOTS 5321, 5313 AND 5314, DARWIN CBD AND THE BENNETT STREET ROAD RESERVE

“Paspaley Properties P/L seeks to secure the 'air rights' to access, build in and occupy certain spaces in the vicinity of West Lane. They believe the most appropriate form that these rights might take would generally be by way of an appropriately detailed and recorded easement over the properties held by the Council.

The easement rights sought exist in three volumes, detailed on the draft survey drawings provided, and described generally as follows:

a) Volume 1 - the major volume is above West Lane (Lot 5321) above approximately the second floor level (34.2m AHD) to approximately the seventh floor level (54.2m AHD), and extending 4.2m from the boundary shared with the Paspaley Lot (5565). The lower level of the volume provides for around 5.8m clearance, considerably exceeding the 4.3m clearance currently available under the West Lane Carpark and another property toward the Knuckey St end of the lane. b) Volume 2 - this is a smaller volume over two small lots (5313 and 5314) which are perpendicular to West Lane, across the Bennett St elevation of the West Lane Carpark. This volume extends horizontally 2.25m from the boundary shared with the Paspaley Lot (5565), and vertically from approximately the first floor level (31.9m AHD) to approximately the seventh floor level (54.2m AHD). A six meter wide vehicle access, unrestricted for height, remains between the proposed building line and the facade of the West Lane Carpark, facilitating the maintenance of natural ventilation and appropriate fire separation between the buildings. c) Volume 3 - this, the smallest volume, is part of the Bennett Street road reserve, being a 3m x 3m 45 degree corner truncation of the Paspaley Lot (5565) boundary at the entry to West Lane. The southeast boundary of West Lane (Lot 5321) aligns with the southeast boundary of the Paspaley Lot (5565), however, making this truncation somewhat 'blind'. The proposal seeks to build over this truncation from a height approximately above the first floor (31.9m AHD) to approximately the seventh level (54.2m AHD). The truncation is kept clear at ground level, facilitating the maintenance of its primary function - the provision of clear vision for motorists and pedestrians using the area.

These volumes, in aggregate approximately 4,250 cubic metres of above ground volume, are proposed to be used for carparking and circulation, and are balanced by the specific provision of a ground level pedestrian access easement on Lot 5565, linking the West Lane Carpark pedestrian / shopping arcade to Bennett Street, as well as the project's commitment to providing civic space at ground level on the Mall and Bennett Street, and greater Tier 1 setbacks to these boundaries than facilitated by the NT Planning Scheme.

The 3D 'Flyaround' of the proposal illustrates the considerable development volume being foregone in order to improve the amenity of the Mall and Bennett Street, and to ensure that the historic Commercial Bank colonnade is given appropriately scaled space in which to exist.”

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PAGE: 5 REPORT NUMBER: 12TS0144 LC:LM SUBJECT: REQUEST TO UTILISE AND DEVELOP OVER LOTS 5321, 5313 AND 5314, DARWIN CBD AND THE BENNETT STREET ROAD RESERVE

In considering whether Council will authorise the use of its land to facilitate the development of the proposed Charles Darwin Centre, there are numerous issues to be considered. The following are some key issues, which will require resolution, however it is recognised that if Council proceed further issues will arise during negotiations: i). Urban Design

Consideration should be given to the desired long term urban design outcomes for West Lane.

The Lane currently operates as a service corridor however, there are numerous international and national examples were service lanes and alike have been converted overtime to become a vibrant active places for people.

As the Lane is already built over, further encroachments would effectively begin to create a tunnel effect along West Lane. Urban design principles would indicate that this should be avoided were possible.

That said, the development does result in improved pedestrian access along West Lane this might still be achievable without the encroachment.

A question to consider is does the over all outcome provided by this development outweigh the potential future opportunity losses within West Lane.

Council could apply some level of control over this by ensuring tenure agreements are not permanent i.e. a long term lease, but it should be recognised that the building and infrastructure within Council land would have a life expectancy greater then 60 years therefore change may never occur.

Interim steps to good community outcomes could include appropriate treatments of the “public domain” surrounding the development. This could provide a balance and add to the community benefit and urban design. ii). Community Benefits

In effect the developer is requesting to utilise community land for the purpose of a private commercial benefit.

Council should ensure that any arrangements, consider and result in, an overall benefit to the community.

iii). Financial Compensation

Council would normally require a level of financial compensation for the use of community land. The level of compensation is normally determined by an independent valuer. 24

PAGE: 6 REPORT NUMBER: 12TS0144 LC:LM SUBJECT: REQUEST TO UTILISE AND DEVELOP OVER LOTS 5321, 5313 AND 5314, DARWIN CBD AND THE BENNETT STREET ROAD RESERVE

The current private encroachment within West Lane is required to pay an annual lease rent.

It is recommended that Council seek appropriate financial compensation which is reflective of any agreements which may be enter into, as per its normal requirements.

iv). Tenure Type and Period

Council has a long term lease within West Lane for the existing private encroachment.

There are various options which could be considered from leasing the land to establishment of easements. Each option has advantages and disadvantages in various applications as well as providing different levels of rights and controls to each party.

The applicant has suggested that easements be established over the allotment areas this request requires further investigation and consideration.

The road reserve encroachment will more then likely need a different treat such as direct sale or a permit to occupy as it is road reserve.

It is recommended that the tenure type and term be subject of further negotiations and a separate report be presented to Council. v). Use of Airspace

Council could place restrictions on what the space over its land can be used for i.e. car parking only.

It would be recommended that the uses be limited to those indicated within the development application as it provides a level of certainty and control.

vi). General Issues

Some of the general issues which need to be negotiated and resolved include but are not limited to;

 Ongoing maintenance;  Insurance and liability protections;  Final design.

This issue is complex in nature and requires significant work and negotiations with the developer prior to any agreement being executed by Council.

It is recommended that the Council approach this matter in two phases:

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PAGE: 7 REPORT NUMBER: 12TS0144 LC:LM SUBJECT: REQUEST TO UTILISE AND DEVELOP OVER LOTS 5321, 5313 AND 5314, DARWIN CBD AND THE BENNETT STREET ROAD RESERVE

1. That a letter of authorisation to utilise Council land be provided so that the development application can be considered. The authorisation would be limited to making the application and would not imply that Council supported the proposed development in its current form.

In addition, the authorisation would identify that its for the purpose of making a development application and does not bind Council into any agreement to utilise its land. This would be subject to separate negotiations.

A draft letter has been provided as Attachment F.

2. Should the development application be successful then negotiations would need to be progressed. In order to ensure timely progression of this matter delegation to the Chief Executive Officer will be recommended to commence negotiations on the use of Council land and that this delegation does not extend to concluding a binding agreement, which will be subject to a further decision of Council, following a report from the Chief Executive Officer as to the outcome of negotiations.

The principles of the negotiation will be on a basis of, but not limited to issues identified in the report, such as;

 Tenure type be a long term lease;  That Council will require financial compensation;  That use of the Council land be restricted to the identified uses within the development proposal.

Alternatively Council could decide that it does not support the encroachment onto the community land for the purpose of this commercial development.

This would require the developers to redesign the building prior to Development Consent Authority consideration. The outcomes, benefits, consequence or disadvantages of a re-designed building at this stage have not and can not be fully determined There would be no doubt, that it would result in significant delays in delivery of this project which may have flow on effect into other community area.

CONSULTATION PROCESS

In preparing this Report the following parties were consulted:

 Paspaley Representatives  Design Urban  Realtycorp Property Solutions  CridlandsMB  City of Darwin, Manager Design Planning & Projects  City of Darwin, Business Manager

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PAGE: 8 REPORT NUMBER: 12TS0144 LC:LM SUBJECT: REQUEST TO UTILISE AND DEVELOP OVER LOTS 5321, 5313 AND 5314, DARWIN CBD AND THE BENNETT STREET ROAD RESERVE

POLICY IMPLICATIONS

Council’s policy 010, Land Acquisition, Disposal and Lease policy would apply.

Council’s Policy Number 010 states as follows:

PART D Long Term Lease Policy

As a general rule, Council (as custodian of public assets) would provide a long term lease on all property through an open market format to ensure due probity of process and optimal financial return (and minimal risk).

However, one of Council’s roles of participating in the marketplace via property ownership is to facilitate desired goals and objectives to ensure the growth and prosperity of the City, which if left to the private marketplace alone, may not be achievable.

This may encompass a range of opportunities for Council’s involvement (i.e. site amalgamations with adjoining owners, facilitation of key projects etc) where long term leases are based on an open market approach and due probity process alone will/may not achieve such objectives.

The purpose of a long term lease policy therefore, is to provide Council with:

 A documented reference to guide its decision making process,  Provide a reference that will survive successive Councils,  Provide a Council endorsed framework to enable the Officers to discuss potential leases with third parties,  Establish delegations necessary to allow day-to-day property management functions to be addressed by the Council Officers.

The framework of the Policy aims to provide Council with a Policy which adopts the following principles:

 Probity,  Statutory Compliance,  Commercial Maximisation and Flexibility and confidentiality,  Transparency of Process,  Achievement of specific Policy outcomes of Council.

Application: This Policy applies to any form of contract which legally binds the Council (or potentially binds Council) and includes formal contracts and other forms of contractual arrangements including heads of agreement, in principle agreement, options to purchase, leases etc. A long term lease is one which exceeds a period of 10 years or more inclusive of any renewal options

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Statutory Context: The Local Government Act vests authority in the Council to “deal with or dispose of” property of which the Council is the owner subject to the Minister’s Guidelines.

The Policy discusses open market and Public processes, it does allow alternative process as follows:

 Circumstances for an Alternative Process

Council may undertake an alternative process for the long term lease where in Council’s opinion, an alternative lease approach will achieve greater benefits to the ratepayers than could be achieved though a public process and will entertain direct negotiations to the exclusion of a public process.

The circumstances which give rise to an alternative approach include:- i). Where the total cost of the public process will exceed the expected community benefit. For example, where the annual lease has no significant commercial value

ii). Where there is only one identifiable lessee. For example where a site is not large enough for development or lease in its own right and is surrounded by public roads on all sides other than the adjoining owner

iii). Where Council is bound by a contractual obligation. For example, a tenant with a first right of refusal.

iv). Where a long term lease is nearing the end of its term and implementing an open market process would impose either:

 A significant and commercially undesirable reversionary cost (or risk of such cost) to Council or,  An unsatisfactory capital investment scenario which will impact (or is at risk of impacting) the achievement of the Goals and Objectives of Council.

the term of the extension of lease should be commensurate with a period required to satisfactorily reduce such risks or costs to Council.

v). The sitting lessee has a special interest in the land and no other similar party can be identified (i.e. a unique community based club, education use etc).

vi). Long term lease to adjoining owners or persons with an option over adjoining land where Council’s land is required as part of a larger scheme of development. vii). Long term lease of land to the NT Government to facilitate a strategic project. viii). Long term lease to a government or utility authority for the purpose of infrastructure provision. 28

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ix). Where a public marketing process which has been undertaken in accordance with this Policy has failed to achieve the desired outcome. x). In response to a proposal which achieves specific policy goals of Council. This exclusion aims to allow Council to respond to an approach for the development of a unique project. Any such proposal must comprise a concept plan and description of the project and clear demonstration of the achievement of specific policy and strategic goals and objectives of Council.

 Procedure for an Alternative Process

Council’s Alternative Process will include the following steps:

 Receipt of a preliminary proposal comprising a concept plan and description of the project and clear demonstration of the achievement of specific policy and strategic goals and objectives of Council.

 The Chief Executive Officer in consultation with the Lord Mayor assess any proposal for the long term lease in accordance with the criteria for adopting an Alternative Processes and if applicable.

 Formal consideration by Council of dealing with the matter in confidence in accordance with its confidentiality policy.

 Submission of the preliminary proposal to Council seeking Council’s resolution to deal with such a party in respect of the preliminary proposal for the lease on an “in-principle” (without prejudice) basis where Council’s resolution identifies the circumstances/basis upon which it will deal with such a party to the exclusion of a public process and a Statement of Goals and Objectives which must be delivered.

 Subsequent submission to Council of a formal proposal in respect of the disposal of the land to the party including a statement of the achievement of Council’s Statement of Goals and Objectives and financial and risk matters.

 Benchmark of the proposal by independent valuation of the lease.

 Formal decision (resolution) of Council nominating the successful party (or otherwise) and a formal resolution nominating the lease, contracting party(s), nature of contract, the price, conditions to ensure the achievement of Council’s Goals and Objectives and delegation to the Chief Executive Officer and Lord Mayor to effect all things necessary for the implementation of the land transaction.

The Policy can be viewed at www.darwin.nt.gov.au.

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The size and current use of Council land within West Lane would make it unlikely that it could be utilised for any other independent purposes. In addition it is understood by officers that the only other adjoining land is owned by a related party.

It would be envisaged that as part of phase 2, an alternative process within the policy be applied being that given the land size and usage that there are no other reasonable alternatives for usage of the space requested. As part of any further negotiation, consent for this proposal should be obtained from the other adjoining land owners.

BUDGET AND RESOURCE IMPLICATIONS

The authorisation to make application has no financial implications.

Negotiations of any arrangements to utilise the land should consider financial compensation in accordance with Council’s policies and procedures.

It would be recommended that any rental or payment be determined by an independent valuer appointed by Council.

All costs associated with establishing an agreement and construction, including improvements to the adjoining public domain are to be bourne by the developer.

All works within Council’s land and reserves will be undertaken to the satisfaction of Council.

RISK/LEGAL/LEGISLATIVE IMPLICATIONS

There are numerous risks and legal requirements that need to be considered and progressed if Council consents to the use of its land and the development proceeds.

These range from conformance with legislative, contractual and policy requirements through to ensuring community interests are maintained and protected.

There is a risk that the development receives an approval by the Development Consent Authority, however Council and the applicant are then unable to reach a satisfactory agreement to utilise the space. This presents risks to both parties It should be noted that the applicant has commenced and is proceeding with this process despite no yet reaching an agreement with Council.

Council staff preference would have been to finalise the agreement for use prior to submitting the development application providing all parties with certainty.

ENVIRONMENTAL IMPLICATIONS

The development will result in improved public domain adjacent to the development and pedestrian linkages.

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COUNCIL OFFICER CONFLICT OF INTEREST DECLARATION

We the Author and Approving Officers declare that we do not have a Conflict of Interest in relation to this matter.

LUCCIO CERCARELLI BRENDAN DOWD GENERAL MANAGER CHIEF EXECUTIVE OFFICER INFRASTRUCTURE

For enquiries, please contact Luccio Cercarelli on 893005580 or email: [email protected].

Attachments:

Attachment A: Outgoing Letter to the Department of Lands & Planning – Dated 6 July 2012 Attachment B: Incoming Letter from Paspaley – Dated 29 June 2012 Attachment C: Incoming Letter from Development Consent Authority – Dated 1 August 2012-08-24 Attachment D: Aerial Photograph of Site Attachment E: Survey Drawings Attachment F: Draft Letter to Paspaley Pearls 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52

ATTACHMENT F

Please quote: 2065363 LC:lm

Mr James Paspaley Paspaley Pearls GPO Box 338 DARWIN NT 0801

Dear Mr Paspaley

Proposed Paspaley Pearls – Charles Darwin Centre Development

Please be advised that as the owners of lots 5313, 5314 and 5321, and the Bennett Street road reserves, Council provides authorisation for the lodgment of the Charles Darwin Centre development application (PA 2012/0450) containing encroachments into the aforementioned Council land.

This authorisation is given solely for the purposes of Section 46(1) of the Northern Territory Planning Act.

This authorisation is limited to allowing the lodgment only. This does not imply and should not be read as Council support for the development application and is without prejudice to Council’s previous Development Consent Authority submission on this application. Nor should it be considered a binding agreement or approval for the use of the land.

Council reserves the right to make further submissions it deems fit in relation to the development application. In addition prior to any development or use of the land an agreement for the use of its land will need to be entered into on terms and conditions agreed to by Council.

If you have any further queries please do not hesitate to contact myself on 89300505.

Yours sincerely

BREDAN DOWD CHIEF EXECUTIVE OFFICER

24 August 2012

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2nd ORDINARY COUNCIL MEETING / OPEN AGENDA ITEM: 16.2

REQUEST TO LEASE PART OF NIGHTCLIFF OVAL FOR TELSTRA NEXT G MOBILE BASE STATION

REPORT No.: 12A0137 COMMON No.: 1947809 DATE: 28/08/2012

Presenter: Manager Business Services, Liam Carroll

Approved: General Manager Corporate Services, Frank Crawley

PURPOSE

This report provides an update in relation to a proposal received from Telstra Corporation Ltd to construct a Next G mobile base station on Council land at Nightcliff Oval.

LINK TO STRATEGIC PLAN

The issues addressed in this Report are in accordance with the following Goals/Strategies of the Darwin City Council 2008 – 2012 as outlined in the ‘Evolving Darwin Strategic Directions: Towards 2020 and Beyond’:-

Goal 1 Achieve Effective Partnerships and Engage in Collaborative Relationships Outcome 1.2 Effectively engage with community Key Strategies 1.2.3 Engage, communicate and consult with the community including schools

KEY ISSUES

Pro Realty Pty Ltd acting on behalf of Telstra Corporation Ltd applied to Council in January 2011 requesting approval to construct a Next G mobile base station on Council land at Nightcliff Oval, to address issues of poor mobile phone reception in the area. The proposal is to install a 30 metre monopole and equipment shelter on an area of 45m2, and will require 24 hour access to the facility.

On 31 May 2011 Council resolved as follows (decision 20/4007, report 11A0072)

THAT Report Number 11A0072 entitled Request to Lease part of Nightcliff Oval for Telstra Mobile Base Station be received and noted.

THAT a further report be brought back to Council with the results of the community consultation conducted by an independent consultant at the full cost of the applicant.

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In October 2011 an initial phase of community consultation was undertaken by Pro Realty Pty Ltd involving public notices, letter box drop and stakeholder meetings. A total of 21 submissions were received (see Attachment A).

In November 2011 a number of Elected Members expressed concern with the timing of this matter and requested that any further public consultation be postponed until April 2012.

On 10 July 2012 Pro Realty Pty Ltd and Telstra Corporation Ltd representatives met with the Lord Mayor, Chan Ward Aldermen and staff to provide information in relation to the telecommunication black spots within the Nightcliff area and the need to locate a Next G mobile base station within the proposed area.

A number of alternative sites were proposed by Elected Members at that meeting and Telstra Corporation Ltd undertook to investigate these sites, in addition to revisiting a number of alternative sites which it previously had ruled out.

Telstra Corporation Ltd is considering all of these alternative locations and proposes to respond to Council with their assessment of the benefits or otherwise of all locations.

RECOMMENDATIONS

THAT it be a recommendation to Council:-

A. THAT Report Number 12A0137 entitled, Request to Lease Part Of Nightcliff Oval for Telstra Next G Mobile Base Station, be received and noted.

B. THAT Council advise Telstra Corporation Ltd that approval to use the subject site is not granted.

BACKGROUND

Council’s last decision on this matter on 31 May 2011 is as follows:

A. THAT Report Number 11A0072 entitled Request to Lease part of Nightcliff Oval for Telstra Mobile Base Station be received and noted.

B. THAT a further report be brought back to Council with the results of the community consultation conducted by an independent consultant at the full cost of the applicant. DECISION NO 20\4008 (31\05\11) DISCUSSION

Council currently does not host any third party mobile base stations on any Council land.

In the past it has been Council’s practice to refuse requests for mobile base station on Council land, and proponents have been advised to seek alternative locations.

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CONSULTATION PROCESS

The public health and safety issues associated around telecommunication antennas emitting radio frequency electromagnetic energy (EME) as “radio waves” is something which will cause considerable interest and debate within the Nightcliff community.

In October 2011 an initial phase of community consultation was undertaken by Pro Realty Pty Ltd involving public notices, letter box drop and stakeholder meetings. A total of 21 submissions were received (see Attachment A).

As part of the next step in progressing the Nightcliff Oval proposal Telstra Corporation Ltd is proposing to hold a public meeting in conjunction with the City of Darwin. It has been suggested that this public meeting should be hosted by an independent facilitator.

BUDGET AND RESOURCE IMPLICATIONS

Telstra Corporation Ltd has requested a ten (10) year lease with 2 x 5 year options, and would be prepared to pay $16,000 per annum (exclusive of GST) lease fee, subject to a 3% increase annually. Telstra Corporation Ltd acknowledge that approval from the Development Consent Authority would also be required.

RISK/LEGAL/LEGISLATIVE IMPLICATIONS

A formal lease arrangement is proposed.

COUNCIL OFFICER CONFLICT OF INTEREST DECLARATION

We the Author and Approving Officers declare that we do not have a Conflict of Interest in relation to this matter.

LIAM CARROLL FRANK CRAWLEY MANAGER BUSINESS SERVICES GENERAL MANAGER CORPORATE SERVICES

Any queries on this report may be directed to Liam Carroll on 8930 0559 or [email protected]

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2nd ORDINARY COUNCIL/OPEN AGENDA ITEM: 16.3 LEE POINT ROAD CONTRIBUTION PLAN

REPORT No. 12TS0086 ND:LM COMMON No. 218448 DATE: 28/08/2012

Presenter: Asset Manager, Nadine Douglas

Approved: General Manager Infrastructure, Luccio Cercarelli

PURPOSE

The purpose of this report is to obtain Council endorsement for the Developer Contribution Plan for roadwork upgrades to Lee Point Road.

LINK TO STRATEGIC PLAN

The issues addressed in this Report are in accordance with the following Goals/Strategies of the Darwin City Council 2008 – 2012 as outlined in the ‘Evolving Darwin Strategic Directions: Towards 2020 and Beyond’:-

Goal 3: Assist Individuals and the Community Stay Connected with the Darwin Region Outcome 3.2: Enhance transport systems Key Strategies 3.2.2: Continue to manage and maintain the municipal road network and infrastructure to a standard that meets the needs of the community

KEY ISSUES

 An upgrade of Lee Point Road will be required within the next ten (10) years, dependant on the rate of development in the region.  The upgrade will involve carriageway duplication from Vanderlin Drive to Dulinda Terrace, single carriageway upgrade from Dulinda Terrace to the north and all associated intersection upgrades.  Tambling Terrace intersection will require upgrading within the next two (2) to cater for existing traffic. Design has been completed on this and it is identified in the 2012/13 capital works budget.  A Developer Contribution Plan for Lee Point Road (‘the Plan’) has been developed (Attachment D) to ensure financial compensation for the upgrade is received from current and future developments in the region. The extent of the region, the works and cost estimates are all included in the Plan.

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RECOMMENDATIONS

A. THAT Report Number 12TS0086 ND:LM entitled Lee Point Road Contribution Plan, be received and noted.

B. THAT the Developers Contribution Plan for Lee Point Road as per Attachment D in Report Number 12TS0086 ND:LM entitled Lee Point Road Contribution Plan is adopted and in the NT News on Public Notice and exhibited at the Civic Centre for 28 Days.

C. THAT following the Public Notice the Developers Contribution Plan for Lee Point Road as per Attachment D in Report Number 12TS0086 ND:LM entitled Lee Point Road Contribution Plan , any submissions received will be provided to Council in a report prior to the Developers Contribution Plan for Lee Point Road being placed on The Gazette.

D. THAT the CEO be delegated to finalise and implement the Consultation Plan for the Tambling Terrace intersection upgrade and Developers Contribution Plan for Lee Point Road as outlined in Report Number 12TS0086 ND:LM entitled Lee Point Road Contribution Plan. BACKGROUND

Lee Point Road was originally constructed as a sub-arterial road to cater for the long term traffic needs of the Northern suburbs, extending from McMillans Road to Lee Point.

Lee Point Road from Vanderlin Drive to Fitzmaurice Terrace was originally constructed as a single carriageway with the room and infrastructure in place for future duplication when required. At the time of original construction in the 1960’s, the single carriageway was sufficient to meet the traffic volumes at the time. However, the recent and future development of the surrounding suburbs and catchment area, such as Lyons and Muirhead, will trigger the requirement for Lee Point Road to be constructed to its full capacity as a dual carriageway road.

The western properties adjacent to Lee Point Road have property access off Lee Point Road, extending from McMillans Road to Tambling Terrace. The eastern side (including Leanyer) does not have any street facing properties and instead has a minimum 7.5m wide buffer lot with established trees that is owned by the City of Darwin.

Attachment A provides a visual representation of the current Lee Point Road layout and services currently in place ready for the duplication of the carriageway.

In 2005 the Northern Territory Government produced a draft Master Plan of the Lee Point region (Attachment B) that provides an indication of the future uses of the land in the area. The Master Plan has not been adopted into the Northern Territory (NT) Planning Scheme, nor is it recognised by the NT Government for planning purposes, however in order to determine possible future development, it is considered the best information available. 102

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The intersection of Lee Point Road with Tambling Terrace has been identified as requiring an upgrade prior to the duplication to meet the more immediate traffic needs. Design work has been completed on this section, including the Fitzmaurice Drive intersection, in order to undertake works of upgrading the intersection to a signalised intersection within the next two (2) years. This design work has taken into account the final duplication layout.

The upgrade of the Tambling Terrace and Lee Point Road intersection has been identified to commence construction in the 2012/13 financial year, with funding allocated in the 2012/13 Capital Works Budget.

DISCUSSION

The increase in development within the Lee Point region, as indicated by the draft Master Plan, flagged the possible future need for Lee Point Road to be upgraded to accommodate the increase in traffic. The cost of the upgrade was considered to be significant and the development of a Developer Contribution Plan was commenced.

In order to determine the scope of works, including costs for the duplication and intersection upgrades to occur, a consultant (GHD Pty Ltd) was engaged to undertake the following;

 An investigation of the likely future traffic demand on Lee Point Road,  The source of the demand,  An indicative design for duplication and intersection treatments,  An approximate cost of the works, and  A proposed financial contribution that would ensure the duplication is funded fairly from all current and future stakeholders.

As the need for the Plan was recognised following the release of the draft Master Plan, all Development Permits issued for Lyons, Muirhead, and others in the region, have a condition relating to the payment of a financial contribution for the upgrade of Lee Point Road. This condition is then required to be completed to the Council’s and the Northern Territory Government’s satisfaction.

Development and Traffic Demand

The existing and developed suburbs adjacent to Lee Point Road from Vanderlin Drive to Tambling Terrace have been using Lee Point Road as a sub-arterial since the suburbs were constructed. The location of the hospitals and schools also contribute to traffic flows through the region. 103

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Lyons is a relatively new suburb of 680 lots, most of which have been fully developed. Muirhead commenced construction in May 2011 and full development will result in approximately 1150 residences in total, to be constructed over the next ten years if the current rate of construction continues.

The area of land north of Muirhead and Lyons is expected to provide at least 200 residences, depending on how land is re-zoned for development. This is based on the draft Master Plan as it is the best information available in determining the likely future development of the region.

The future traffic demand from current suburbs and potential future developments has been estimated using Australian Standards and current Austroads Guidelines in conjunction with the Lee Point draft Master Plan document. Traffic counts were also captured within the developed areas of Lyons, Wanguri and Leanyer to determine more accurate numbers and traffic patterns.

The requirement for Lee Point Road to be duplicated and the intersections upgraded is dependent on the rate of development in these areas and as such the duplication and intersection upgrades have been considered in stages.

Design and Timeframe

The modelling of traffic flows and associated intersection analysis has resulted in the requirement for the duplication, intersection upgrades and cross section upgrade from rural to the standard typical (urban) cross section. The scope of works is detailed in the Plan, in Attachment D.

Indicative layouts and intersection treatments of the Lee Point Road duplication have also been included in Attachment C. Note that this is purely indicative from the original concept work undertaken; the road, infrastructure and intersection requirements will be investigated further as detailed design occurs.

Physical construction of the upgrade will be determined by the rate of development within the contribution area. As Muirhead is developed a staged approach for upgrade may occur if the opportunity arises, such as upgrading the road adjacent to the Muirhead intersections to an urban cross-section at the time of intersection construction. The anticipated timeframes are indicated below;

Table 1 Section Works Timeframe Tambling Terrace Upgrade intersection to signalised, includes 1-2 Years Intersection Fitzmaurice Drive intersection. Dulinda Terrace to Single carriageway upgrade to typical urban 2-5 Years Lyons boundary cross-section and intersection upgrades. Vanderlin Drive to Carriageway duplication and intersection 5-10 Years Dulinda Terrace upgrades.

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Tambling Terrace will require upgrade prior to the construction of the dual carriageway. To overcome this, the detailed design for that particular section has been completed. This includes the Fitzmaurice Drive intersection as it is in close proximity to Tambling Terrace and the interaction between the two intersections need to be treated together. The design work includes an interim design that ties in to the final design, which will ensure that the intersection can be upgraded and remain as single carriageway with the infrastructure and levels constructed to fit in to the ultimate design.

Existing Property Concerns

The impact on open space changes, property values and potential noise problems have been investigated to ensure any issues can be addressed as part of the consultation and then construction works.

The views from a local independent property valuer were sought and the advice was that there would be minimal affect on property prices along the affected length of Lee Point Road. The properties facing Lee Point Road would possibly benefit with the enhanced amenity of the road once works were completed whereas the properties that back on to Lee Point Road may potentially have a negative impact if increased noise levels are a factor.

An independent traffic consultant that specialises in traffic noise was also engaged to provide comment on the impact of the road widening on noise levels. Photos, levels, drawings, traffic counts and other technical information was provided for a desktop analysis to take place. The results of the analysis show negligible change to noise levels, particularly due to the change in road surface material from spray seal to asphalt.

The results showed that the properties facing would likely have reduced noise levels as the traffic will be spread further across and away from the houses and also the road surface would be quieter. This difference was calculated to be between a 0.1 and 2.2 decibel reduction from current levels.

The properties on the Leanyer side of Lee Point Road, that back on to the road, may get an increase of up to 0.5 decibels. The consultant advised that a change in decibel levels less than 3 is difficult for most people to detect, and a 3 to 5 decibel change is small but noticeable. The advice provided summarised that “it is considered likely that sensitive receptors would not be able to detect a change (ie increase or decrease) in road traffic noise level from Lee Point Road as a result of the upgrade”.

The impact on open space area was also considered. The current verge area along Lee Point Road from Vanderlin Drive to Fitzmaurice Drive is up to 26m wide, including the buffer and shared path. The duplication would result in this area decreasing, although the minimum width would be 11m behind the properties and will still contain a shared path.

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North of Fitzmaurice Drive the current verge acts as a table drain and apart from the narrow shoulders of the road surface, it is unusable space. The upgrade of this road would underground the stormwater drainage and allow this space to be used more effectively and also contain more vegetation. The development of Muirhead has included the construction of a shared path to connect to the existing path and also the tie in of parkland areas to the verge area, significantly improving the amenity of the area.

Cost and Contribution

Table 2 below provides an outline of the costs to upgrade Lee Point Road from Vanderlin Drive to the northern boundary of Lyons/Muirhead and also the contribution rates that would apply as part of the Developer Contribution Plan.

The costs have been calculated using current rates for Northern Territory construction projects. The quantities of the works have been determined using the completed designs for the Tambling Terrace intersection, preliminary design of the northern section and then extrapolation of these quantities to the duplicated section from Vanderlin Drive to Tambling Terrace. Consideration for existing infrastructure to be utilised as part of the construction has been made wherever possible.

Table 2 COD (existing Future Section Total Muirhead suburbs) Developments Tambling Terrace Intersection Upgrade $1,827,000 $961,000 $347,000 $519,000 to Signalised Dulinda Terrace to northern boundary $4,074,000 $802,000 $1,312,000 $1,960,000 upgrade to Urban Cross section Vanderlin Drive to Dulinda Terrace Dual $3,406,000 $671,000 $1,097,000 $1,638,000 Carriageway Total $14,641,000 $5,240,000 $3,769,000 $5,632,000 Total Developable N/A 16,209,000 1,676,000 Area (sq m) Contribution Rate N/A $0.23 $3.36

The Lyons development has previously provided a financial contribution towards the upgrading of Lee Point Road. This amount has been placed in reserve and will be deducted from Council’s overall contribution to the project, as the Lyons subdivision is considered to be completed from a contribution perspective.

The payment of contribution for new developments will apply to Muirhead and any other future developments carried out within the Northern Lee Point region, as identified in the Developer Contribution Plan. The contribution cost is divided by the total developed area to the ensure financial contribution is consistent regardless of 106

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the development’s final form. The DCP also includes the provision for the contribution to be increased every financial year at a rate published annually by the Australian Bureau of Statistics.

Alternative Route

Alternative routes have been investigated and the only viable option is the construction of a new road to the east of Muirhead as indicated on the draft Master Plan.

The construction of a new road would result in the following;

 Reduced traffic volumes on Lee Point Road;  Alternative access to Lyons, Muirhead and the hospitals;  Reduced Lee Point Road duplication requirement, only Vanderlin Drive to Bathurst Street likely to be required.

The cost of the new road has been estimated using basic calculations to cost around $14,300,000. This is approximately $1,750,000 more than the cost of the entire duplication project. If this alternate route were to be constructed, the intention would be that it is largely funded by the Northern Territory Government and developers.

The indication from the Northern Territory Government is that this route will not be in the planning stages for at least ten years. Due to this, the design of the Lee Point Road upgrade for the Contribution Plan has not considered the potential effects on traffic volumes that an alternative route may provide.

Financial Contribution Plan

The financial contribution plan, entitled Developer Contribution Plan for Roadworks: Lee Point Road, Vanderlin Drive to Lee Point Reserve, is included as Attachment D to this report.

The Developer Contribution Plan is broken up into twelve (12) sections to ensure it covers all legislative requirements as required by the Northern Territory Planning Act. The details within the Plan include the policy area(s), description of the infrastructure, intended order of construction, cost estimates and the formula for contribution.

Next Steps

Following Council’s decision to adopt the Plan, it will undergo the following process, as required by the Northern Territory Planning Act (Part 6);

1. Public notification of Council’s intention to make the Developer Contribution Plan by giving notice in the newspaper 2. Publically exhibiting the plan at the City of Darwin Civic Centre for at least 28 days. 107

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3. Accepting submissions over the exhibition period. 4. Reporting to Council and submissions made 5. Adopting the proposed plan (with or without amendments) by resolution at a Council Meeting 6. Publishing a notice of the making of the Plan in the Gazette

The public exhibition period will be in conjunction with a community consultation plan that also considers the Tambling Terrace intersection upgrade and any other works underway within the region (ie Muirhead development).

CONSULTATION PROCESS

The following consultants and companies were consulted with in the preparation of this report;

 CridlandsMB  Department of Construction and Infrastructure  Development Housing Association  GHD  I3 Consultants  Muirhead Developers (Investa Property Group)  SMEC Consulting  SLR Consulting Australia  Integrated Valuation Services (NT)

Due to the impact on road users, the community and the cost of the project, a significant community consultation plan is being developed. This plan will also include any legislative requirements for consultation.

The 28 day exhibition period for the Developer Contribution Plan will be the focus of the community consultation plan, with information prepared to inform the community of the purpose of the Developer Contribution Plan and the affect it will have on them, which includes immediate and longer term concerns and solutions.

The 28 days will also provide the community with an opportunity to provide comment on the Plan and raise any concerns or issues that haven’t previously been identified.

The community consultation plan will also include the following considerations;

 Tambling Terrace intersection upgrade (prior to duplication);  Affect on adjacent residents immediately impacted on;  Affect on road users;  Affect on other stakeholders (to be outlined within the plan). 108

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POLICY IMPLICATIONS

The Developer Contribution Plan for Roadworks: Lee Point Road will not be a separate policy. Following the gazettal and final adoption, it is enforceable under the Northern Territory Planning Act and would apply to all developments within the specified policy area.

BUDGET AND RESOURCE IMPLICATIONS

The financial implications are significant to Council and developers in the Lee Point region. As described in the Developer Contribution Plan for Roadworks: Lee Point Road, the costs have been determined using current industry rates and applying them to completed designs of the road and where necessary, extrapolation of these quantities to cover the scope of the project.

The costs calculated and used for calculating the contribution rates are; Council contribution - $5,240,000 Muirhead development contribution - $5,632,000 Northern development contribution - $3,769,000

The contribution from developments will be received as they are completed with the funds to be held within reserves. The Council contribution has been identified in the Long Term Capital Works Plan. The Lyons contribution is currently in reserves.

The detailed design stages have been funded through the contributions received out of Council’s contribution (including the Lyons contribution).

Works can, and likely will, occur prior to full contribution being received, this will be addressed as the need arises and options for funding considered, which could be through loans or other alternative methods.

Funding has been allocated for the Lee Point Road and Tambling Terrace intersection in the 2012/13 Capital Works Program, this will allow the construction to commence, with additional funding identified in future years in the Long Term Capital Works Program.

RISK/LEGAL/LEGISLATIVE IMPLICATIONS

If the Developer Contribution Plan is not put in place then Council is liable to the following risks;

1. Having to fully fund the upgrade works when the traffic demand requires it. 2. Not being able to fund and construct the upgrade of the road which could result in community frustration.

The Developer Contribution Plan for Lee Point Road has been developed in consultation with Council’s legal consultant to ensure legal issues have been considered and addressed. The Plan has been developed in accordance with the Northern Territory Planning Act. 109

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The Developer Contribution Plan takes effect following the exhibition period which is to be not less than 28 days and the publication of notice in the Gazette. The Plan can be changed following the exhibition period, or it can be left unchanged for publication in the Gazette, regardless of the submissions received during the exhibition period. Council does not have to adopt the submissions made but must consider them. Once the final document is endorsed by Council following the exhibition period, there is no further opportunity for third party appeal, or to amend the Plan.

Further legal issues may arise following the public notice and gazettal of the Developer Contribution Plan.

ENVIRONMENTAL IMPLICATIONS

Environmental issues will be considered as part of the final design, including opportunities to improve the availability for alternative travel methods to be used along Lee Point Road.

Some of the impacts to be considered are;

Positive - More efficient traffic flow, reducing congestion - Improved pedestrian network - Improved bicycle network, both on and off road

Negative - Reduction of open space within Lee Point Road reserve - Removal of trees within existing road reserve at locations conflicting with new construction - Perception of an increase in road noise - Perception of a reduction in property values of those facing Lee Point Road

Open space, property values and noise issues have all been discussed in the report and are considered not to be significant issues, if issues at all.

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COUNCIL OFFICER CONFLICT OF INTEREST DECLARATION

We the Author and Approving Officers declare that we do not have a Conflict of Interest in relation to this matter.

NADINE DOUGLAS LUCCIO CERCARELLI MANAGER ASSETS GENERAL MANAGER INFRASTRUCTURE

Any queries on this report may be directed to Nadine Douglas on 89300417 or [email protected]

Attachments:

Attachment A: Site Layout Lee Point Road Attachment B: Draft Lee Point Masterplan Attachment C: Lee Point Road Proposed Upgrade Attachment D: Developer Contribution Plan Lee Point Road

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112 N NORTHERN TERRITORY OF AUSTRALIA C

S S S S S S SS

S

S S

S

S NOTE: This plan has been produced by the Planning Branch, Department of and Infrastructure, for discussion purposes only, and carries no status under the Planning Act or government endorsement

HIGH WATER MARK S

HIGH WATER MARK

HIGH WATER MARK WATER HIGH

HIGH WATER MARK WATER HIGH

HIGH WATER MARK WATER HIGH

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Creek

Sandy HIGH WATER MARK WATER HIGH 113

PROPOSED SIGNALISED PROPOSED WIDENING OF INTERSECTION VANDERLIN DRV. TO ACHIEVE ADDITIONAL THROUGH AND TURNING LANES

LEE POINT RD. WANGURI TCE PROPOSED ROUNDABOUT

LEE POINT RD. SEE BELOW FOR CONTINUATION FOR SEE BELOW PROPOSED WIDENING OF LEE PROPOSED POINT RD. TO ACHIEVE ROUNDABOUT ADDITIONAL THROUGH AND TURNING LANES

VANDERLIN DRV

BATHURST ST.

CANARIS ST.

PROPOSED ROUNDABOUT

PROPOSED SIGNALISED LEE POINT RD. INTERSECTION PROPOSED TAMBLING TCE. PROPOSED CHANNELISED ROUNDABOUT INTERSECTION SEE FIGURE 3 FOR CONTINUATION SEE FIGURE 3 SEE ABOVE FOR CONTINUATION FOR SEE ABOVE

V.R.D. DRV. FITZMAURICE DRV.

Darwin City Council Job Number 43-21593 0 4020 60 80 100m Muirhead Contribution Plan Revision C OCT 2010 Lee Point Road Date SCALE 1:2000 AT ORIGINAL SIZE Proposed Upgrades Required Figure 02

Level 5, 66 Smith Street Darwin NT 0800 Australia T 61 8 8982 0100 F 61 8 8981 1075 E [email protected] W www.ghd.com.au

Plot Date: 26 October 2010 - 4:10 PM Plotted by: Mark T Evans/Darwin/GHD/AU Cad File No: G:\43\21593\CADD\Drawings\Lee Point Rd Prop. Upgrades.dwg 114

PROPOSED CHANNELISED INTERSECTION LEE POINT RD.

DULINDA TCE.

PROPOSED ROUNDABOUT

LEE POINT RD. ACCESS 4 ACCESS PROPOSED SEE BELOW FOR CONTINUATION FOR SEE BELOW

SEE FIGURE 2 FOR CONTINUATION FOR 2 SEE FIGURE ROUNDABOUT ACCESS 6 ACCESS

DALDAWA PROPOSED TCE. CHANNELISED INTERSECTION PROPOSED CHANNELISED INTERSECTION

PROPOSED CHANNELISED LEE POINT RD. INTERSECTION

ACCESS 1

SEE ABOVE FOR CONTINUATION FOR SEE ABOVE ACCESS 3 ACCESS

Darwin City Council Job Number 43-21593 0 4020 60 80 100m Muirhead Contribution Plan Revision C OCT 2010 Lee Point Road Date SCALE 1:2000 AT ORIGINAL SIZE Proposed Upgrades Required Figure 03

Level 5, 66 Smith Street Darwin NT 0800 Australia T 61 8 8982 0100 F 61 8 8981 1075 E [email protected] W www.ghd.com.au

Plot Date: 1 November 2010 - 2:59 PM Plotted by: Mark T Evans/Darwin/GHD/AU Cad File No: G:\43\21593\CADD\Drawings\Lee Point Rd Prop. Upgrades.dwg 115 ATTACHMENT D

DEVELOPER CONTRIBUTION PLAN FOR ROADWORK

LEE POINT ROAD Vanderlin Drive to Lee Point Reserve

August 2012 (draft)

Prepared by

City of Darwin

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TABLE OF CONTENTS

1. DEFINITIONS

2. INTRODUCTION

3. POLICY AREA TO WHICH CONTRIBUTION PLAN RELATES

4. WHEN THIS CONTRIBUTION PLAN TAKES EFFECT

5. DESCRIPTION OF INFRASTRUCTURE REQUIRED IN POLICY AREA

6. STATEMENT OF INTENDED ORDER OF WORKS RELATING TO INFRASTRUCTURE

7. ESTIMATE OF AND METHOD OF CALCULATING THE CAPITAL COST OF WORKS RELATING TO INFRASTRUCTURE

8. GENERAL FORMULA FOR DETERMINATION OF DEVELOPER CONTRIBUTIONS

9. CALCULATION OF CONTRIBUTION RATE

10. ADJUSTMENT OF CONTRIBUTION RATE

11. POSSIBLE WORKS PERFORMED BY THE DEVELOPER

12. TIMING OF PAYMENT OF DEVELOPER CONTRIBUTION

ATTACHMENTS

Attachment 1 – Policy Area Attachment 2 – Infrastructure Attachment 3 – City of Darwin Standard Typical Cross Section Attachment 4 – Cost Summary

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DEVELOPER CONTRIBUTION PLAN FOR ROADWORKS LEE POINT ROAD

1. DEFINITIONS

Unless otherwise defined in this Contribution Plan, the terms used have the same meaning as given to them in the Planning Act.

The following terms have the following meanings:

“Allotment” means any parcel of land within the Policy Area on which a Development occurs.

“Contribution” means a contribution payable under this Plan.

“Contribution Rate” means the contribution rate, expressed in dollars as a rate per square metre and calculated in accordance with paragraph 8 and adjusted in accordance with paragraph 10 of this Plan.

“Council”: means the City of Darwin.

“Developer”: means the holder of an estate in fee simple in or lease from the Crown of an Allotment who undertakes a Development of an Allotment.

“Development”: means: (a) the subdivision of an Allotment; and (b) the construction of one or more buildings on an Allotment within the Policy Area, where a Contribution has not already been paid under or pursuant to this Plan.

“Infrastructure” means the construction of a motor vehicle carriageway and its associated infrastructure within a road reserve, including, but not limited to pavement, signage, kerbing, lighting, pathways and storm water infrastructure as well as intersections, traffic lights and roundabouts as more particularly described in Attachment 2.

“Masterplan” means the plan appearing in Attachment 1.

“Policy Area”: means the area described in paragraph 3 of this Plan.

“Plan”: means this Contribution Plan.

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”Standard Single Cross Section” means the standard so described in City of Darwin Standard Drawing number 101 with the Road Reserve Typical Cross Sections appearing in Attachment 3 being the standard of road applicable for the urban area of Darwin, consisting of a sealed 2 lane, 2 way road with pathways, on-road cyclepaths, stormwater drainage, lighting, kerbs, gutters, and associated infrastructure within a road reserve.

2. INTRODUCTION

A Developer will be required to contribute towards the provision of the Infrastructure at the Contribution Rate and otherwise in accordance with the provisions of this Plan.

3. POLICY AREA TO WHICH THE CONTRIBUTION PLAN RELATES

The Policy Area is the area specified as the Policy Area as in Attachment 1. It incorporates three regions adjacent to Lee Point Road from Vanderlin Drive to Lee Point.

Region 1 – Muirhead Region Region 2 – Future Development Region north of Lyons and Muirhead Region 3 – Existing Connecting Suburbs within vicinity using Lee Point Road as a collector – Lyons, Leanyer, Tiwi, Wanguri

4. WHEN THIS CONTRIBUTION PLAN TAKES EFFECT

This Plan takes effect on the publication of notice in the Gazette, specifying that the Plan has been made, or such later date as may be specified in the notice.

5. DESCRIPTION OF INFRASTRUCTURE REQUIRED IN POLICY AREA

An assessment of Lee Point Road and the connecting roads from Vanderlin Drive to Lee Point within the Policy Area was made, based on projected road usage, and having regard to existing and potential Development within the Policy Area.

Projected road usage was calculated using recorded traffic data and traffic guidelines.

This assessment found that both Lee Point Road and the associated intersections within the Policy Area require upgrading to cater for traffic generation associated with existing and potential Development of land within the Policy Area.

A description of the Infrastructure to be provided within the Policy Area is shown in Attachment 2.

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6. STATEMENT OF INTENDED ORDER OF WORKS RELATING TO INFRASTRUCTURE

Council intends to undertake works relating to the development of the Infrastructure in the following order:

1. Upgrade of Tambling Terrace intersection to include traffic lights in single carriageway format with infrastructure in place ready for duplication.

2. Upgrade of single carriageway to Standard Single Cross Section from Tambling Terrace to the northern boundary of Muirhead/Lyons.

3. Road widening and carriageway duplication between Vanderlin Drive and Dulinda Terrace. This includes traffic lights at the intersection of Lee Point Road and Dulinda Terrace and the balance of the works described in Attachment 2.

Council may change the intended order and timing for undertaking works, depending on the developments that occur and the rate of increasing demand placed on existing infrastructure.

7. ESTIMATE OF AND METHOD OF CALCULATING THE CAPITAL COST OF WORKS RELATING TO INFRASTRUCTURE

The capital cost estimates in Attachment 4 for works relating to the Infrastructure have been calculated by reference to the most appropriate and cost-effective form of construction.

The Infrastructure will be provided in accordance with Council requirements, Australian Standards and relevant Austroads publications.

A cost summary for each section of the Infrastructure is provided in Attachment 4.

These estimated construction costs include GST and are current as at August 2012.

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8. GENERAL FORMULA FOR DETERMINATION OF DEVELOPER CONTRIBUTIONS

The formula for determination of Contributions ensures that the contribution payable by a Developer is relative to the proportion of anticipated future usage of the Infrastructure attributable to the Development and is as follows:

CR = ___T __ TDA

Where:

CR = The Contribution Rate expressed in dollars as a rate per square metre of an Allotment (*) and in this Plan being: (a) $0.23/m2 for an Allotment in that part of the Policy Area, shown on the Masterplan as “Future Development Region; (b) $3.36/m2 for an Allotment in that part of the Policy Area, shown on the Masterplan as “Muirhead Region” ; (c) $0.00/m2 for an Allotment in that part of the Policy Area, shown on the Masterplan as “Existing Connecting Suburbs”. T = Total cost of the Infrastructure taken from Attachment 4, being: (a) $3,769,000 for Infrastructure constructed in that part of the Policy Area, shown on the Masterplan as “Future Development Region”; (b) $5,632,000 for Infrastructure constructed in that part of the Policy Area, shown on the Masterplan as “Muirhead Region”; (c) $5,240,000 for Infrastructure constructed in that part of the Policy Area, shown on the Masterplan as “Existing Connecting Suburbs”. TDA = Total developable area within the Policy Area being: (a) 16,209,000 square metres for that part of the Policy Area, shown on the Masterplan as “Future Developments Region”; (b) 1,676,000 square metres for that part of the Policy Area, shown on the Masterplan as “Muirhead Region”.

(*) When applying the above formula, the number of square metres of an Allotment is to include the entire area of an Allotment to be developed and: (i) not just that part of an Allotment on which a Development is to occur; and (ii) include, for example (but not limited to) in the instance of a subdivision or unit title Development, areas set aside for roads, common property, open space and drainage and other reserves within the area of any Allotment to be subdivided.

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9. CALCULATION OF CONTRIBUTION RATE

The Infrastructure is required to meet the anticipated increase in usage of and future traffic demand on Lee Point Road arising from the development of the areas described in Attachment 1 as:

 Muirhead Region;  Future Development Region;  Existing Connecting Suburbs

Each of the regions within the Policy Area has a different Contribution Rate based on the anticipated traffic generation at full development and, in the case of the Existing Connecting Suburbs, contributions already made through the payment of, amongst other things, rates and that the Infrastructure to the standard proposed, whilst benefiting the Existing Connecting Suburbs, would not have been required but for the proposed development of the other parts of the Policy Area.

10. ADJUSTMENT OF CONTRIBUTION RATE

For the purpose of the formula in paragraph 8, “CR” will be adjusted annually on 1 July in each year (“the Adjustment Date”) with the first Adjustment Date being 1 July 2013, in accordance with the following formula:

CR = CR1 x (1.0 + (Z/100)

Where: CR = the adjusted Contribution Rate payable as and from the Adjustment Date. CR1 = the Contribution Rate payable immediately prior to the Adjustment Date. Z = the percentage change in the All Groups Consumer Price Index for Darwin (“the Index”) as published by the Australian Bureau of Statistics between the end of the quarter immediately preceding the date on which this Plan takes effect or the last Adjustment Date, whichever is the later, and the end of the quarter immediately preceding the Adjustment Date. If the Index ceases to be published then the index which is substituted for it by the Australian Bureau of Statistics or the Commonwealth of Australia will be the Index for the purposes of this paragraph.

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11. POSSIBLE WORKS PERFORMED BY THE DEVELOPER

Should the Developer, as part of a Development on the land outlined in this Plan, propose to construct infrastructure within the Policy Area that is included in the Infrastructure identified in this Plan, the amount of money spent by the Developer in constructing infrastructure, may be off-set against the Contribution otherwise payable under this Plan. Any off-set shall be at the discretion of the Director Technical Services, City of Darwin.

The scope of works to be undertaken by the Developer and value of these works must be agreed to by both the Developer and Council, prior to the commencement of any such works.

12. TIMING OF PAYMENT OF DEVELOPER CONTRIBUTION

Contributions shall be payable on completion of the Development and in the case of: (a) the subdivision of an Allotment, before separate titles issue in accordance with the relevant plan of subdivision; and (b) in any other case, before commencement of the use or occupancy of the buildings or improvements to which the Development relates.

Council shall not provide clearance for the relevant conditions of any Development Permit until the Contribution is paid to Council.

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Attachments

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Attachment 1 – Policy Area

The Policy Area is the area shaded and described as Existing Connecting Suburbs (Lyons, Leanyer, Tiwi, Wanguri)”, Muirhead Region” and “Future Development Region” on the Masterplan appearing in this Attachment 1.

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Street plan showing intersections and location of Infrastructure:

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Attachment 2 – Infrastructure

The infrastructure to be provided under this Plan consists of the following:

1. Duplication of what is now Lee Point Road from Vanderlin Drive to Dulinda Terrace, including the construction of a motor vehicle carriageway and its associated infrastructure within a road reserve along the alignment of what is now Lee Point Road from Vanderlin Drive to Dulinda Terrace, as a 4 lane, 2 way road, with pathways, on-road cyclepaths, storm water drainage, lighting, kerbs and gutters and other associated infrastructure within the road reserve, to the relevant Australian Standards as set out in the Austroads Guidelines.

2. Upgrade of what is now Lee Point Road from Dulinda Terrace to the northern boundary of what is the Muirhead Region as shown on the Masterplan to the Standard Single Cross Section, including the construction of a motor vehicle carriageway and its associated infrastructure within a road reserve along the alignment of what is now Lee Point Road from Dulinda Terrace to the; and

3. the construction and installation of all intersections along Lee Point Road from Vanderlin Drive to Dulinda Terrace as indicated on the Masterplan, with

(a) traffic lights at the intersections of Lee Point Road with Tambling Terrace and Dulinda Terrace;

(b) roundabouts (or an appropriate alternative) at the intersections of Lee Point Road with:

(i) Wanguri Terrace, Wanguri;

(ii) Bathurst Street, Leanyer;

(iii) Canaris Street, Wanguri;

(iv) VRD Drive Leanyer;

(v) Fitzmaruice Drive, Leanyer.

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Attachment 3 – City of Darwin Standard Typical Cross Section

From City of Darwin Standard Drawing no 101

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Attachment 4 - Cost Summary

The method used for calculating the capital costs of the Infrastructure has been by reference to current rates payable for such works applied to what is considered to be the most appropriate and cost effective form of construction. Rates for labour, services and materials have been based on rates payable in August 2012 for comparable labour, services and materials provided for subdivision developments and road reconstruction projects currently occurring in the City of Darwin local government area. These rates have been consistently applied to estimated quantities for such items on each component of the Infrastructure, with such quantities being estimated on the basis of: (a) the detailed design that has been completed for the intersection of Lee Point Road and Tambling Terrace; and (b) indicative layouts and preliminary design works for the balance of the Infrastructure. These designs have applied contemporary models of construction which meet applicable design and construction standards as well as community expectations for such facilities.

Dual Carriageway Single Carriageway - Vanderlin Drive Section - Dulinda Terrace to Dulinda Terrace to Northern Extent Total Engineering Design and Project Management $813,000 $313,000 Site Establishment And Preparation $1,592,000 $581,000 Earthworks $264,000 $288,000 Roadworks $3,573,000 $1,276,000 Stormwater Drainage $665,000 $577,000 Lighting, Electrical And Traffic Signals $1,739,000 $342,000 Miscellaneous Items $295,000 $70,000 Contingency $1,626,000 $627,000 Totals $10,567,000 $4,074,000 $14,641,000

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2ND ORDINARY COUNCIL MEETING/OPEN AGENDA ITEM: 16.4

437TH ANNIVERSARY OF THE CITY OF AMBON

REPORT No.: 12C0065 JB:mrg COMMON No.: 2301622 DATE: 28/08/2012

Presenter: General Manager Community & Cultural Services, John Banks

Approved: General Manager Community & Cultural Services, John Banks

PURPOSE

The purpose of this report is to inform Council of a formal request for the Lord Mayor to attend the 437th Anniversary of the City of Ambon.

LINK TO STRATEGIC PLAN

The issues addressed in this Report are in accordance with the following Goals/Strategies of the Darwin City Council 2008 – 2012 as outlined in the ‘Evolving Darwin Strategic Directions: Towards 2020 and Beyond’:-

Goal 6 Promote Brand Darwin Outcome 6.2 Promote our Darwin city Key Strategies 6.2.4 Strengthen international relationships through Sister Cities and other activities

KEY ISSUES

An invitation has been received from the Mayor of Ambon Richard Louhenapessy, SH for the Lord Mayor of Darwin to attend the celebration of the 437th Ambon City Anniversary on the 7th September 2012 (Attachment A).

 7th September marks the 437th Anniversary of the City of Ambon.  A ceremonial event and dinner reception is planned for 7 September.  Officials from relevant levels of Indonesian Government have been invited to attend.  A representative from the Darwin Branch of the Indonesian Consulate will also attend 130

PAGE: 2 REPORT NUMBER: 12C0065 JB:mrg SUBJECT: 437th Anniversary of the City of Ambon

RECOMMENDATIONS

A. THAT Report Number 12C0065 entitled, 437th Anniversary of the City of Ambon be received and noted.

B. THAT the Lord Mayor and a member of Council’s staff attend the 437th Anniversary of the City of Ambon event on the 7 September, 2012.

BACKGROUND

Council formally signed a Sister City Agreement with the City of Ambon on the 21st July 1989. The proximity of Indonesia to Darwin and the large Asian community in Darwin form the foundation of our affiliation. Three Indonesian cities were considered before Ambon was selected, Ambon, Kupang (now a Sister City to Palmerston, Darwin's neighbouring city) and Ujung-Pandang. The affiliation received great support from the Indonesian Consul, the Australian Ambassador in Jakarta, the Australian Indonesian Association in Darwin and the Darwin community. The links between Darwin and Ambon date as far back as World War II and annual delegations have taken place to Ambon to commemorate ANZAC Day. Links were strengthened by the annual Darwin/Ambon International Yacht Race that ran with great success for many years resulting in close friendships between the two communities.

DISCUSSION

Ambon – Indonesia

Ambon City Anniversary  7th September marks the 437th Anniversary of the City of Ambon.  A ceremonial event and dinner reception is planned for 7 September.  Officials from relevant levels of Indonesian Government have been invited to attend.  A representative from the Darwin Branch of the Indonesian Consulate will also attend.

131

PAGE: 3 REPORT NUMBER: 12C0065 JB:mrg SUBJECT: 437th Anniversary of the City of Ambon

Ambon Sister City Committee

Ambon Sister City Community Committee Members (recently appointed)  Mr. Rick Setter  Ms. Christine Silvester  Mr. Leigh Gregory  Ms Judy Miller  Mr. Jherry Matahelumual  Mr Yopie Pattinasarany  Alderman Garry Lambert  Alderman Allan Mitchell

Status of Current Projects

Darwin to Ambon Yacht Race (Annual)  Ambon Sister City Community Committee sponsor a perpetual trophy.  Darwin Lord Mayor hosts a reception for participants of the race before they leave for Ambon.  The Lord Mayor went to Ambon to present the Council sponsored trophy in 2010, and an Alderman from the Ambon Sister Cities Community Committee went in 2011. Each time the Council representative took advantage of the charter flight organised for the occasion.  During their visit to Ambon the Lord Mayor/ Alderman have visited our sister school SMA Negeri 5 and paid a courtesy visit to the Mayor of Ambon.

Student Exchange  In August 2011 Council successfully launched its short term Ambon to Darwin student and teacher exchange.  This project is a partnership with Kormilda College, SMA Negeri 5 and the City of Ambon.  2 students and 1 teacher from SMA Negeri 5 Ambon are hosted by Kormilda College for 3 weeks.  Council hosts Lord Mayoral receptions for all students and teachers from Ambon that participate in the Department of Education exchange.  This project took over two years to come to fruition with the previous Mayor of Ambon. Since the appointment of Mr Richard Louhenapessy as Mayor of Ambon, it appears this program has become a priority for the City of Ambon. Mr Louhenapessy had the opportunity to tour Kormilda College on his visit in June 2012.

Indonesian Garden at CDU  The Committee has commissioned and received two wooden statues which have been donated to the Indonesian Garden at Charles Darwin University.

132

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Project Updates

On 11 August 2011, Lord Mayor Graeme Sawyer and the Ambon Sister City Community Committee hosted a reception for two visiting exchange students and a teacher from SMA Negeri 5 School in Ambon. Council had been pursuing this exchange for a number of months, so were delighted when it came to fruition. Sally (student), Mathilda (student) and Johanis (teacher) were generously hosted by Kormilda College where they participated in Darwin school life and improved their English skills. Page four of the Kormilda News also included an article about their visit to Kormilda.

Wonderful Maluku 2011, held 21 July 2011, was a celebration of Indonesian food and culture. Preceding the Darwin to Ambon Yacht Race, the inaugural event gave race goers and the Darwin community a sample of the food, dance, costume, singing and fashion of the Maluku region. Spectators watched fabulous traditional dancers and were serenaded by Indonesian Idol 2010 winner, Igo. Council's Ambon Sister City Community Committee invited legendary Ambonese musician Zeth Lekatompessy to Darwin especially for the event and his performance did not dissapoint. Wonderful Maluku was a fantastic example of sharing cultures and Council is proud to be a part of this event.

Background and History

The proximity of Indonesia to Darwin and the large Asian community in Darwin form the foundation of our affiliation. Three Indonesian cities were considered before Ambon was selected, Ambon, Kupang and Ujung-Pandang. The affiliation received great support from the Indonesian Consul, the Australian Ambassador in Jakarta, the Australian Indonesian Association in Darwin and the Darwin community.

The links between Darwin and Ambon date as far back as World War II and annual delegations have taken place to Ambon to commemorate ANZAC Day. Links were strengthened by the annual Darwin/Ambon International Yacht Race that ran with great success for many years resulting in close friendships between the two communities.

Successful programs between the two cities have included teacher and student exchanges, a librarian exchange achieved through a grant of $3,000 from the Rotary Club of Darwin North, a "Gifts for Neighbours Project" in cooperation with the Lioness Club of Casuarina, donations of books to the Ambon Public Library and the University Library transported without charge by Merpati Airlines and a grant of $5,872 from the Australian Indonesian Institute to help fund a visit by a cultural dance group from Ambon to perform in Darwin. 133

PAGE: 5 REPORT NUMBER: 12C0065 JB:mrg SUBJECT: 437th Anniversary of the City of Ambon

Numerous delegations have occurred in both directions. In October 1988, Lord Mayor Alec Fong Lim led a delegation of 21 persons to Ambon for 4 days to sign a "Letter of Intent" and in July 1989 Darwin welcomed its biggest delegation ever of 52 Ambonese.

In October 2003, Council worked collaboratively with an aid organisation to provide much needed assistance in the form of a solutions package to a rabies emergency, which struck the City of Ambon, and at the time of program implementation, had already left 10 people dead. The program was delivered by Medecins Sans Frontiers through their aid office in Ambon following the commitment of $6,000 in Lord Mayor appeal funds. Community fundraising for Ambon commenced in 1999 after violence broke out in Ambon, leaving the city in turmoil.

In 2004, to commemorate the lifting of the State of Emergency in Ambon, Council brought a highly acclaimed photographic exhibition entitled 'Reborn - Ambon after the Conflict' to Darwin. The photographer, Jakarta based Mr Tantyo Bangun, accompanied the exhibition as a guest of the Council. The exhibition portrayed the plight of the People of Ambon and emanated hope out of devastation, providing the Darwin community with a tangible illustration of the situation faced by Ambon. During this time, Council welcomed a delegation from the Ambon Mayor revitalising the sister city relationship and strengthening ties for the bright new future Ambon is now embarking on.

In 2010, former Lord Mayor Graeme Sawyer travelled to Ambon to officiate in the renewed Darwin - Ambon Yacht Race and Council's Ambon Sister City Community Committee has established a perpetual trophy to the now invigorated Darwin - Ambon Yacht Race.

CONSULTATION PROCESS

Nil

POLICY IMPLICATIONS

Nil

BUDGET AND RESOURCE IMPLICATIONS

Airfares $1690 per person Accommodation $459 per person

Total: $4298

Account Number W401/1 (General Operational – Sister Cities)

134

PAGE: 6 REPORT NUMBER: 12C0065 JB:mrg SUBJECT: 437th Anniversary of the City of Ambon

RISK/LEGAL/LEGISLATIVE IMPLICATIONS

The Australian Government Smart Traveller Website (accessed 21 August 2012) advises persons travelling to Indonesia ‘to exercise a high degree of caution’.

ENVIRONMENTAL IMPLICATIONS

Nil

COUNCIL OFFICER CONFLICT OF INTEREST DECLARATION

The Author declares that he does not have a Conflict of Interest in relation to this matter.

JOHN BANKS GENERAL MANAGER COMMUNITY & CULTURAL SERVICES

For enquiries, please contact John Banks on 89300633 or email: [email protected].

Attachment A: Invitations to Lord Mayor, Hayley Barich and Translation

135 136 137 138

2nd ORDINARY COUNCIL/OPEN AGENDA ITEM: 16.5

STRATEGIC PLAN REVIEW – COMMUNITY CONSULTATION

REPORT No.: 12TC0058 COMMON No.: 1230662 DATE: 28/08/2012

Presenter: Manager Strategy & Outcomes, Anne Hammond

Approved: Executive Manager, Mark Blackburn

PURPOSE

The purpose of this report is to provide Elected Members with an agreed schedule of community consultation dates and materials to facilitate the review of the current Evolving Darwin: Towards 2020 and Beyond Strategic Plan.

LINK TO STRATEGIC PLAN

The issues addressed in this Report are in accordance with the following Goals/Strategies of the Darwin City Council 2008 – 2012 as outlined in the ‘Evolving Darwin Strategic Directions: Towards 2020 and Beyond’:- Goal 7 Demonstrate Effective, Open and Responsible Governance Outcome 7.2 Display strong and effective leadership, within Council and across Government Key Strategy 7.2.3 Use contemporary community engagement techniques to inform decision making

KEY ISSUES  The Vision, Goals and Outcomes document has been updated to reflect further feedback provided.  Following on from the Special Council Workshop of 14 August, a calendar has been developed to reflect dates scheduled for community consultation .  As requested by Elected Members, a standard power point presentation has been developed for the purpose of community consultation forums.

RECOMMENDATIONS

A. THAT Report Number. 12TC0058 entitled, 2012 Strategic Plan Review – Community Consultation, including Attachments A - D be received and noted.

B. THAT Council endorse Attachments A – D to Report Number. 12TC0058 entitled, 2012 Strategic Plan Review – Community Consultation. 139

PAGE: 2 REPORT NUMBER: 12TC004658 SUBJECT: 2012 STRATEGIC PLAN REVIEW – COMMUNITY CONSULTATION

BACKGROUND

The revised Vision and Goals has been previously circulated to all Elected Members. These materials were on public display at the Royal Darwin Show and available via Council’s website since July 2012.

A further document including Outcomes has been developed for the purpose of community consultation. The development of strategies and measures of success will occur in collaboration with staff following the first round of community consultation.

A Special Council Workshop was held on 14 August 2012 which was specifically focussed on the first round of community consultation. The results of this workshop have been incorporated into the materials presented with this report.

DISCUSSION

Following internal feedback Outcomes have been developed that support the Vision and Goals. The revised plan is shown as Attachment A.

It was agreed at the Special Council Workshop of 14 August that ‘whole of Council’ forums would be specifically scheduled for Peak Sporting Groups (x 2) and LandCare Groups (including other peak environmental groups). All other stakeholder groups will be sent the 2012 Strategic Plan material with an offer for additional meetings to be set up with Elected Members and /or an offer for Elected Members to attend their next peak body committee meetings. A calendar for these forums and ‘public place’ consultation has been developed and provided as Attachment B.

The materials that will be sent to all stakeholder groups will include a covering letter (four different ‘standard’ letters have been drafted for each particular group), the draft Plan as shown in Attachment A and a standard feedback form, refer Attachment C.

As requested by the Elected Members, a standard power point presentation has been developed for use at all forums and any further subsequent meetings that are requested by the community – refer Attachment D.

Members of the Chief Officers Group will be in attendance at the three ‘whole of Council’ forums to support the Elected Members. Should Elected Members wish, a Council staff member can be available to assist with all of the public place consultation dates. 140

PAGE: 3 REPORT NUMBER: 12TC004658 SUBJECT: 2012 STRATEGIC PLAN REVIEW – COMMUNITY CONSULTATION

CONSULTATION PROCESS As outlined in Council’s Community Consultation Policy (Policy No. 025), the development of a Strategic Plan is a Level 3 – Participatory classification. This report outlines the process and materials for the first round of community consultation. All dates for the public place consultation will be listed in the next NT News Elected Member page. These dates will also be made available to the general public via Council’s website, Face Book and Twitter reminders. A process for staff engagement has commenced.

POLICY IMPLICATIONS Any community consultation proposed should at a minimum be in accordance with Council’s Community Consultation Policy (Policy No. 025), Level 3 – Participatory classification. In particular, one of the key Policy Objectives is that “Council aims to: Provide a framework for community involvement in Council planning and decision making”.

BUDGET AND RESOURCE IMPLICATIONS $25k was allocated in the 2011/12 operational budget and this has been requested to be carried forward for the 2012/13 operational budget. This will fund the production of any materials required for the consultation process, advertising and the final production of the plan.

RISK/LEGAL/LEGISLATIVE IMPLICATIONS Risk to Council’s reputation if community consultation is not adequately undertaken.

ENVIRONMENTAL IMPLICATIONS Limited. Some materials will be produced as hard copies as part of the consultation process. Other electronic means will also be used for consultation. As with other Council publications, limited hard copies will be printed (on recycled paper). Most copies will be provided electronically.

COUNCIL OFFICER CONFLICT OF INTEREST DECLARATION We the Author and Approving Officers declare that we do not have a Conflict of Interest in relation to this matter.

ANNE HAMMOND MARK BLACKBURN MANAGER STRATEGY & OUTCOMES EXECUTIVE MANAGER

For enquiries, please contact Anne Hammond on 89300531 or email: [email protected]

Attachments: Attachment A: - 2012 Strategic Plan - High Level Attachment B: - Consultation Calendar Attachment C – Feedback Form Attachment D – Powerpoint Presentation 141

2012 STRATEGIC PLAN REVIEW VISION, GOALS and OUTCOMES

The draft vision for the City of Darwin is:

Darwin: A tropical, liveable city that provides opportunity and choice for our community.

Darwin is a friendly, cosmopolitan, growing city where community and visitors enjoy our unique lifestyle.

What we value

Our History and Culture – we respect our Indigenous culture, diverse multiculturalism and cultural unity that this has brought us. We honour our past and present military involvement, particularly the Bombing of Darwin, and other significant events that have shaped Darwin such as Cyclone Tracy. Our Outdoor Life – we celebrate our tropical vegetation, seas, beaches and waterways, our green open spaces including our vast array of parks and gardens. We enjoy our entertainment, nightlife and restaurants, our outdoor markets and shows and our active involvement in sport, camping and fishing. Our Proximity and Location – we benefit from our ’10 minutes to anywhere’ lifestyle and having everything at our door including our access to world heritage locations and proximity to South East Asia.

The vision statement, including what we value, is supported by five goals that will enrich the future of Darwin.

www.darwin.nt.gov.au AUGUST 2012 142

2012 STRATEGIC PLAN REVIEW VISION, GOALS and OUTCOMES

Goal 1. Inclusive and Connected Community

The Council will encourage social inclusion and assist individuals to stay connected within the community through activities that support unity, community networking and encourage community capacity building.

Outcomes 1.1 Increase the use of places spaces

1.2 Increase community access and inclusion

1.3 Enhance public order in public spaces

1.4 Embrace emerging technology that connects the community with Council services

Goal 2. Active, Flexible and Tropical Lifestyle

The Council values the lifestyle enjoyed by the community and seeks to build on that by providing infrastructure and services which provide opportunities to live, work and play.

Outcomes

2.1 Provision of improved access and connectivity

2.2 Create a sense of place and community

2.3 Increase family friendly activities and recreational and leisure experiences

143

2012 STRATEGIC PLAN REVIEW VISION, GOALS and OUTCOMES

Goal 3. Environmentally Sustainable City

The Council will continue to play a leadership and advocacy role in relation to sustainability issues and protection of our lifestyle and will facilitate community action in adapting to change.

Outcomes 3.1 Implement contemporary strategies in addressing climate change issues

3.2 Reduce Council’s corporate water and energy consumption

3.3 Reduce waste to landfill from the Darwin municipality

3.4 Increase biodiversity richness and abundance within the Darwin municipality

Goal 4. Historic and Culturally Aware City

The Council will celebrate its cultural diversity and history through community activities.

Outcomes 4.1 Increase promotion of key activities and events

4.2 Support the arts and cultural development

4.3 Increase Council’s profile

Goal 5. Effective, Collaborative and Responsible Governance

The Council will continue to develop networks with a wide range of stakeholders and implement and develop systems and policies to ensure Council’s affairs are conducted in a transparent, accountable and efficient way.

Outcomes 5.1 Improve relations with all levels of government

5.2 Increase engagement with the community

5.3 Display strong and effective leadership and governance processes

144

2012 STRATEGIC PLAN REVIEW VISION, GOALS and OUTCOMES

Strategies

The City of Darwin strategies are the high level clustering of core activities or one-off projects that will occur over one or more years that Council staff are responsible for delivering to ensure that the goals and outcomes are achieved.

They will involve both capital and operating expenditure and are part of the Council’s continuing commitment to achieve the City of Darwin’s vision for the future. Funding for these strategies is allocated on a yearly basis through the annual business plan and budgeting process.

Please note: the strategies will be developed following the first round of community consultation on the vision, goals and outcomes. 145

2012 STRATEGIC PLAN REVIEW VISION, GOALS and OUTCOMES

09/08/2012 Page 5 of 5 146 Report No. 12TC0058 Attachment B CONSULTATION CALENDAR

September 2012 Monday Tuesday Wednesday Thursday Friday Sat / Sun 1

2

3 4 5 6 7 8 Northlakes Casuarina Karama Library Nightcliff Shopping Centre Shopping Centre Waters Ward Shopping Centre 9 Waters Ward Lord Mayor, Aldermen Chan Ward Rapid Creek Aldermen Aldermen Aldermen Market Worden & Chan Ward Haslett + Aldermen Richardson Ward Aldermen

Special Council Anchorage Ambon Sister Kalymnos Sister & Town Sister City City Committee2 City Committee3 Planning Committee1 10 11 12 13 14 15 5.30pm - Peak Mitchell Centre 12.15pm - Peak 5pm LandCare Hibiscus The Mall Sporting Bodies Lyons Ward Sporting Bodies Groups Shopping Centre Lyons Ward (Group 1) Aldermen (Group 2) Whole Council Alderman Lesley Aldermen Whole Council Whole Council (Civic Centre) & Richardson 16 (Cas Library) (Civic Centre) Ward Aldermen Nightcliff Market Chan Ward Nightcliff Library Aldermen 1st Ordinary Chan Ward Council Aldermen 17 18 19 20 21 22 Casuarina Library City Library Casuarina Village Airport Gates The Mall Parap Market Waters & Lyons Ward Richardson Shopping Centre Lyons Ward Lyons Ward Richardson Aldermen Ward Aldermen Waters Ward Aldermen Aldermen Ward Aldermen Aldermen 23 C&CS E& I Committee5 C&E Committee6 Committee4 24 25 26 27 28

2nd Ordinary 30 Council

Known Leave Dates: Alderman Galton 27/08 – 10/09 Alderman Knox 17/09 – 23/09 Lord Mayor 20/09 – 23/09 (possibly 7/09 – 10/09)

1 Aldermen Knox & Worden 2 Aldermen Mitchell & Lambert 3 Aldermen Lambrinidis & Want de Rowe 4 Aldermen Knox, Mitchell, Want de Rowe & Galton 5 Aldermen Niblock, Worden, Elix & Lambrinidis 6 Aldermen Lesley, Lambert, Anictomatis & Haslett

Strategic Planning Framework 17/08/2012 147

Do you want to be kept informed regarding development of the Strategic Plan? If yes:

Name: ______

Email address: ______

FEEDBACK RE: VISION & GOALS

WHAT ARE YOUR TOP 3 PRIORITIES?

2012 Strategic Plan Review 17/08/2012 148

DO YOU HAVE ANY OTHER CONCERNS TO RAISE:

Do you need a response RE: concerns raised? If yes, preferred contact method. Email Letter Ph

Record details in relation to preferred method of contact:

City of Darwin will comply with the Information Privacy Principles contained in the Northern Territory Information Act. These principles protect the privacy of personal information collected and held by Council. The Council’s Privacy Policy explains how personal information is collected, used and stored. It also details how you can access your personal information. Council’s privacy statement is available from City of Darwin, Harry Chan Ave, Darwin or via our website at www.darwin.nt.gov.au

2012 Strategic Plan Review 17/08/2012 149

2012 Strategic Plan Review

September 2012 TODAYS OBJECTIVES 150

 Provide current and future context

 Background regarding current Strategic Plan

 Purpose of the 2012 review

 What the community has been telling us

 Understanding the process for the review

 Hearing the community’s needs and views 151 CONTEXT

• 77,000 people (ERP as at March 2012) • 100,000 by 2025, 500,000 by 2050 (Greater Darwin) • $7,108m GRP (2011 data) • 36,000 workers • 3,300 higher education students (CDU) – 58% local, 23% international, 18% interstate • 1,900 VET students • < 9% Office Vacancy Rates (CBD) • 77% use the car daily EVOLVING DARWIN TOWARDS 2020 152

• Originally developed in 2008 • Made publicly available for community feedback • 29 submissions • Plan finalised with indicators Feb 2009 • 6 progress reports against the Plan since 2009 153 PURPOSE OF THE REVIEW

• Updated to reflect current priorities • Ensure the vision matches current direction • Some goals consolidated to be targeted and focussed on delivering what you want • Outcomes reviewed to clearly express what will be achieved for the community 154 The community has told us

Of the current 7 goals… • Highest priority - Creating and maintaining an environmentally sustainable City • 2nd – Demonstrating effective, open and responsible governance • 3rd Enhancing Darwin’s active, positive & flexible lifestyle • 4th –6th Connected Community, Cohesive Community & Promoting Darwin • 7th – Achieving effective partnerships & engaging in collaborative relationships 155 The community has told us

Strategic Plan Outcomes (out of 5)

4.0 Pr omoti on of Dar wi n and attr act tour i sm 4.0 4.1 4.3 Devel opment of the Ci ty’ s i nf r astr uctur e, such as tr anspor t, car par ki ng and publ i c ameniti es 4.4 4.5 3.7 Sponsor i ng major community events

3.7 Devel opment of other community suppor t pr ogr ams 3.8 3.9 3.5 Incr easi ng and pr omoti ng the use of technol ogy 3.5 3.6 4.5 Impr ovi ng ur ban enhancement ar ound Dar wi n 4.5 4.6 3.9 Cl i mate change, the pr otecti on of the envi r onment and i mpr ovi ng water conser vati on 4.1 4.2 4.1 Incr ease r ecr eati onal , l ei sur e and her i tage exper i ences 4.2 4.3 3.2 Consul ts wi th the communi ty suf f i ci entl y 3.4 3.4 3.7 Acts r esponsi bl y and wi th i ntegr i ty 3.9 4.0 4.0 Pr ovi de f amil y f r i endl y and heal thy acti vi ti es 4.2 4.2 3.9 Pr omoti ng Dar wi n’ s cul tur e 4.0 4.1

2009 2010 2011 0.0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 4.5 5.0 156 PROCESS

 Jun Plan reviewed by Elected Members  Jul Draft provided at Royal Darwin Show  Aug City of Darwin staff input  Sep First round of community consultation  Oct Feedback collated and incorporated  Oct Staff input into strategies and measures  Nov Full draft plan available for consultation  Dec Final plan will be endorsed 157 YOUR SAY

• Does the vision describe a place where you would want to live, work & play? • Do you think the goals articulate where Darwin should be heading? • Can you see an outcome that captures your organisation’s priorities? • What are your top 3 priorities? • Any other comments? 158 CLOSE

Thank you for your participation.

The City of Darwin website will continually be updated throughout the year - http://www.darwin.nt.gov.au/node/4027

Feedback and comments can be made via the website.

The next version of the draft plan will be available for comment during November Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council 159 Website at www.darwin.nt.gov.au, at Council Public Libraries or contact Linda Elmer on (08) 89300 670.

ORDINARY COUNCIL MEETING - OPEN SECTION PAGE 2ND COU8/19 TUESDAY 28 AUGUST 2012

17 INFORMATION ITEMS AND CORRESPONDENCE RECEIVED

17.1 Call for Nomination - Local Government Waste Advisory Board Document No. 2305003 (16/08/12) Common No. 2305003

A. THAT the incoming email from Local Government Association NT (LGANT) dated 16 August 2012, relating to Call for Nomination - Local Government Waste Advisory Board, Document Number 2305003, be received and noted.

B. THAT Council endorse the General Manager Infrastructure, Mr Luccio Cercarelli, as Council’s Representative on the Local Government Waste Advisory Board.

DECISION NO.21\() (28/08/12)

Tenth Meeting of the Twenty-First Council – Tuesday, 28 August 2012 PAGE 2nd COU8/19 160

TERMS OF REFERENCE

NT LOCAL GOVERNMENT WASTE ADVISORY BOARD

1. BACKGROUND

Following resolutions of the Environment, Transport and Infrastructure Reference Group (ETIRG), the CEO Forum and the Executive, the Local Government Association of the Northern Territory (LGANT) seeks to establish a Local Government Waste Advisory Board. The decisions have come in response to the formation of a number of Northern Territory Government Steering Committees (and other such working groups). These steering committees include, but are not limited to:

 The NT Waste Management Strategy Steering Committee  The Darwin Regional Waste Facility Steering Committee  The Industry Waste Disposal Steering Committee  The Asbestos Disposal Working Group

As the lead agency for the disposal of municipal waste across the NT, local government needs to be represented in any planning process the NT Government undertakes relating to waste management. However, local government representatives have limited resources in terms of attending these committees. Further, as the lead agency, local government should be taking a lead role in the planning for waste management across the NT.

2. OBJECTIVE & SCOPE

 Provide policy advice to local government councils in the Northern Territory  Make recommendations to the Environment, Transport and Infrastructure Reference Group and CEO Forum  Link best practice in waste management for local government to the goals in the Regional Management Plans (RMPs) to do with waste management.  Guide and support local government and external stakeholders in the development of waste initiatives that do or have the potential to affect local government services

The objective / purpose of the NT Local Government Waste Advisory Board (“the Board”) will be to guide and support the development of waste management practices for local government in the Northern Territory.

The Advisory Board will:

(a) Provide guidance, expertise and advice to assist with development of waste management systems, processes and infrastructure in the Northern Territory

(b) identify data and other research gaps;

(c) develop strategic partnerships between councils to improve the management of waste across the NT

(d) develop communication and education tools to improve professional development for the local government sector in this field.

3. GOVERNANCE

Coordination

LGANT in confidence Page - 1 - 161

 LGANT will coordinate meetings.  Chair to be nominated by representatives of the committee  A quorum at a meeting of the committee is xx or more attendees who may attend in person or by telephone

Members

The Waste Advisory Board will consist of representatives from local government across the Northern Territory.

Council Name Council Type LGANT Membership

Alice Springs Town Council Municipal Member City of Palmerston Municipal Member Darwin City Council Municipal Member Katherine Town Council Municipal Member Litchfield Council Municipal Member Barkly Shire Council Shire Member Council Shire Member Central Desert Shire Council Shire Member Shire Member East Arnhem Shire Council Shire Member MacDonnell Shire Council Shire Member Roper Gulf Shire Council Shire Member Tiwi Islands Shire Council Shire Member Victoria Daly Shire Council Shire Member Council Shire Member West Arnhem Shire Council Shire Member Mabunji Aboriginal Resource Centre Association Associate Member Corporation Limited Company Associate Member

Confidentiality

Discussions of this Board are in confidence. The Board will agree on what, if any, information should be released publicly.

Confidentiality also applies to non-members or persons external to local government attending Board meetings.

Frequency of meetings

The Board will meet 2 times per year and liaise by email periodically on issues that may arise.

Dated:

Endorsed: 162

LOCAL GOVERNMENT ASSOCIATION OF THE NORTHERN TERRITORY

NOMINATION FORM

LOCAL GOVERNMENT WASTE ADVISORY BOARD

COUNCIL NAME: CITY OF DARWIN

1. Agreement to be nominated

I, agree to be nominated as a member of the

LOCAL GOVERNMENT WASTE ADVISORY BOARD.

Signature:

Dated this day of 2012

2. Council Confirmation of Nomination

I, BRENDAN DOWD the Chief Executive Officer hereby confirm that was approved by resolution of Council to be nominated as a member of the LOCAL GOVERNMENT WASTE ADVISORY BOARD at a meeting held on 28 August 2012.

Signature:

Dated this day of 2012.

163

3. Nominee Information The following information is required to enable the Executive to make an informed decision. A current curriculum vitae can be submitted in lieu of section 3 of the nomination form.

3.1 What is your current council position? ______

3.2 How long have you held your current council position? ______

3.3 How long have you been involved in local government? ______

3.4 What experience do you have that is relevant to this committee?

______

______

______

______

______

______

______

3.5 Apart from your current position what other roles have you had in the local government sector?

______

______

______

______

______

4. You agree to supply the Executive with a report on the committee meetings you attend? I agree I Disagree

5. Have you read and agree to the Outside Committee procedures Yes

164 2012/2013 REPORT

LGANT REPRESENTATIVE: ALDERMAN ______

Membership

The current Committee comprises

The Committee is chaired by

Business

The main business of the Committee during 2012/2013 was to:

 ;

 ;

 ;

 .

Future Focus

Further Information

Contact:

Tel: Email:

Website:

165

LOCAL GOVERNMENT ASSOCIATION OF THE NORTHERN TERRITORY

PROCEDURES FOR LGANT REPRESENTATIVES ON COMMITTEES

LGANT representatives on committees are required to provide the Association with regular reports and an annual report for its Annual General Meeting in November of each year.

The Association also requires the minutes of each meeting attended to be emailed to the CEO’s Personal Assistant, [email protected].

Representatives are required to supply the Association with contact details such as mobile phone number, email address, postal address and the council they are a member of.

The Association will supply information to nominees of committees, including their Terms of Reference.

If a LGANT representative resigns from a committee, he/she is requested to inform the Association in writing, by letter or email, so that an alternative representative can be nominated to the committee.

The Association may remove its endorsement of a representative on a committee if that representative fails to deliver regular reports or misses meetings without just cause. It would then be up to the committee to decide whether or not the representative remains on that committee if the representative is without LGANT endorsement.

January 2010

Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council 166 Website at www.darwin.nt.gov.au, at Council Public Libraries or contact Linda Elmer on (08) 89300 670.

ORDINARY COUNCIL MEETING - OPEN SECTION PAGE 2ND COU8/20 TUESDAY 28 AUGUST 2012

18 REPORTS OF REPRESENTATIVES

19 QUESTIONS BY MEMBERS

20 GENERAL BUSINESS

21 DATE, TIME AND PLACE OF NEXT ORDINARY COUNCIL MEETING

THAT the next Ordinary Meeting of Council be held on Tuesday, 11 September 2012, at 5.00 p.m. (Open Section followed by the Confidential Section), Council Chambers, 1st Floor, Civic Centre, Harry Chan Avenue, Darwin.

DECISION NO.21\() (28/08/12)

22 CLOSURE OF MEETING TO THE PUBLIC

THAT pursuant to Section 65 (2) of the Local Government Act and Regulation 8 of the Local Government (Administration) Regulations the meeting be closed to the public to consider the Confidential Items of the Agenda.

DECISION NO.21\() (28/08/12)

23 ADJOURNMENT OF THE MEETING (MEDIA LIAISON)

Tenth Meeting of the Twenty-First Council – Tuesday, 28 August 2012 PAGE 2nd COU8/20