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Business Paper 27/1/99 Page 1 MINUTE BY MAYOR Ordinary Meeting, 27/01/1999 ITEM NO: 1 SUBJECT: DEATH OF THE HON. JAMES ROBERT MCCLELLAND FILE NO: C00227 Recommendation: That Council express its condolences to the family of the Honourable James Robert McClelland who died on Saturday 16 January 1999. Minute by Mayor: It is with regret that I advise Councillors of the death of the Honourable James Robert McClelland at his Wentworth Falls home on Saturday the 16th of January 1999 aged 83. “Diamond Jim” McClelland was born in June 1915 and educated at St Kevin’s College, Melbourne and the Universities of Melbourne and Sydney. Early in his adult life he worked as a builder’s labourer and ironworker and served in the Royal Australian Air Force from 1943 to 1946. Upon obtaining legal qualifications, he practiced industrial law in Sydney before entering the Senate of the Federal Parliament in 1971 as a candidate for the Australian Labor Party. In February 1975 he was elevated to the Ministry and held the portfolios of Manufacturing Industry and Labour and Immigration. Jim McClelland resigned from the Senate in 1978 and took up a position as a judge of the NSW Industrial Court. His judicial career culminated in his appointment as the first Chief Justice of the Land and Environment Court of NSW and his commissioning in 1984 as Chairman of the Royal Commission into British Nuclear Weapons Testing in Australia. Jim McClelland was a long time resident of the Blue Mountains and in his weekly column for the Sydney Morning Herald often wrote with affection of life in the Mountains. His contribution to the intellectual and cultural vitality of the Blue Mountains community is greatly appreciated. Jim McClelland leaves behind his wife Gillian, daughter, Dinah, stepchildren Kate, Fiona and Julian and four grandchildren. Page 2 NOTICE OF RESCISSION Ordinary Meeting, 27/01/1999 ITEM NO: 2 SUBJECT: DEVELOPMENT APPLICATION FOR PROPOSED RESIDENTIAL FLAT DEVELOPMENT COMPRISING TWO (2) UNITS AND STRATA TITLE SUBDIVISION THEREOF AT LOT 113, DP 876489, NO. 10 ST GEORGES CRESCENT, FAULCONBRIDGE FILE NO: X98/1196 By Councillors J Egan, R Harris and R Williams:- “That Council’s decision regarding Item 9 of the Ordinary Meeting of the 22nd December 1998 be rescinded.” Note by Councillors Egan, Harris and Williams: In the event the Rescission Motion is carried, we propose to move the recommendations of the officers in Item 9 of the Business Paper of the 22nd December 1998. Note by General Manager Council’s resolution of 22/12/1998 is recorded at Minute No. 658 and was:- “That the proposed development at Lot 113, D.P. 876489, 10 St Georges Crescent, Faulconbridge be refused for the following reasons: - Non Compliance with Council's current LEP and Development Standards - Non Compliance with relevant performance standards and DCP's - Adverse impact on adjoining residents - Adverse impact on existing flora and topographic features - Overdevelopment of the site - Overshadowing of adjoining properties - Creation of an undesirable precedent” Page 3 CITY PLANNING PROGRAM Ordinary Meeting, 27/01/1999 ITEM NO: 3 SUBJECT: KATOOMBA TOWN CENTRE STRATEGY IMPLEMENTATION (Supplementary Report to Deferred Item No 4 from Council Meeting of 22 December 1998) FILE NO: C02742 Recommendations: 1. That Council approve the recommendations 1-12 of the deferred report, Item No 4, from the Council Meeting of 22 December 1998. 2. That Council receives this supplementary report in relation to the implementation of the Katoomba Town Centre Strategy. 3. That the Katoomba and Echo Point Planning Advisory Committee consider details of its existing membership for the Katoomba and Echo Point Implementation Advisory Taskforce, and report this membership back to Council for endorsement. Report By Group Manager, Strategic Planning: Introduction This report should be read in conjunction with the deferred Item No 4 from the Council Meeting of the 22 December 1998 (see attachment). Background At its meeting on 22 December 1998, Council resolved to defer consideration of proposals to implement strategies for the revitalisation of the Katoomba town centre. This deferral was to allow Council to consider the proposals, particularly a proposal to prepare a draft Local Environmental Plan (LEP), in the context of the Commissioner of Inquiry’s Report into draft LEP 1997 that was subsequently released on the 13 January 1999. The purpose of this additional report is to: · outline the general recommendations in Commissioner Carleton’s Report that relate to land use planning issues in the Katoomba town centre; and · further discuss the proposed draft Local Environmental Plan and particularly the proposed introduction of a “district shopping precinct”; and · report on additional discussions that were held with the Katoomba-Echo Point Advisory Committee about the form and membership of the proposed Katoomba and Echo Point Implementation Advisory Taskforce. Page 4 CITY PLANNING PROGRAM Item 3 - Ordinary Meeting, 27/01/1999 The Council report of the 22 December 1998 included a recommendation that Council re- affirm it’s decision made on the 24 November 1998 to prepare a draft Local Environmental Plan to rezone a number of key State Government sites. Re-affirmation of this matter, which has been previously endorsed by Council, is required by statute prior to notification of the DUAP as per Section 54 of the Environmental Planning and Assessment Act (EP&A Act). Therefore, to maintain the momentum of revitalisation activities, it is recommended that Council endorse the implementation strategies proposed for Katoomba. Commissioners Report into Draft Local Environmental Plan 1997 A Public Hearing was conducted, during June and July 1998, by Commissioner Dr. Mark Carleton into draft Local Environmental Plan 1997. Commissioner Carleton’s Report from this hearing was released to the public on 13 January 1999. The main recommendations relevant to the proposed draft Local Environmental Plan for the Katoomba town centre include: Issue 1 - The appropriateness of the draft Village DCP for Katoomba. In reviewing the draft Village DCP, the Commissioner notes that a DCP may not be the appropriate mechanism to enforce land use precincts within the Village zone. Further, the Commissioner has suggested that a more appropriate mechanism would be that the LEP provisions for the Village Zone be reviewed to reflect these style of land use precincts. This is reflected in his concern about the ability of the draft Village DCP (advisory document) to restrict the range of permissible activities and their respective building heights in the Village zone. The Commissioner has not provided detailed comment on the appropriateness of the contents of the draft Village DCP. The additional investigation conducted during the preparation of the planning strategy for the Katoomba town centre provides a more detailed basis to review the desired land use structure. In addition, the proposed draft LEP for Katoomba (as outlined in the original implementation report from the 22 December 1998) reinforces the desirability of establishing a core District Shopping Precinct within LEP provisions in a similar manner proposed by the Commissioner. Issue 2 – District Precinct for Katoomba outlined in the draft Village DCP The Commissioner has expressed concern with the proposed creation of a single “district” (district level shopping) precinct in the Blue Mountains. The Commissioner does recognise that there is some value in restricting the location of supermarkets and department stores in the Blue Mountains, but considers that Springwood, being the second largest township in the Blue Mountains, should also have its own “district” precinct. Page 5 CITY PLANNING PROGRAM Item 3 - Ordinary Meeting, 27/01/1999 This comment by the Commissioner supports the value in Council considering the appropriate location for major supermarkets and department stores in the Blue Mountains and within individual towns. The issue of Springwood acting as an additional “district” level centre was also raised in the Katoomba Retail Study (1998) and will be considered in the review of the draft LEP. The proposed draft LEP for the Katoomba town centre will put in place a district shopping precinct. Issue 3 – Use of the Surplus Katoomba Railway Goodsyard. The Commissioner recommends that the Railway Goodsyard site in Katoomba (located between Main Street and the Railway Station) would be appropriate for high intensity land uses based on its proximity to the town centre and the Railway Station. The Commissioner recommends a Multi Unit Housing zoning. More detailed investigation of this site has been conducted by Council during the preparation of the recent Katoomba town centre strategy. This investigation has suggested an alternate high intensity mix of uses to include retail style development in association with a public square. This will consolidate the town centre while maintaining views of the Main Street heritage facades from the Railway Station. It should be noted that the results of the Katoomba Charrette and the resulting preliminary strategies for the site were not available to the Commissioner during his deliberations on Draft LEP 1997. Clauses 26 and 29 of the draft LEP 1997 are considered sufficient by the Commissioner to protect the heritage value of the site. Issue 4 – Extension of the town centre to allow major retail development (ie Woolworths Supermarket) to the south of Waratah Street. Two elements were considered in the investigation of the extension of the town centre. The first was the Village
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