Ordinary Meeting

BUSINESS PAPER

Tuesday, 10 May 2016 at 7:00 pm

Griffith City Council Chambers 1 Benerembah Street, GRIFFITH NSW 2680 Phone: (02) 6962 8100 Fax (02) 6962 7161 Web: www.griffith.nsw.gov.au Email: [email protected]

COUNCILLORS

John Dal Broi (Mayor) [email protected] Doug Curran (Deputy Mayor) [email protected] Alison Balind [email protected] Pat Cox [email protected] Simon Croce [email protected] Bill Lancaster [email protected] Anne Napoli [email protected] Mike Neville [email protected] Paul Rossetto [email protected] Christine Stead [email protected] Leon Thorpe [email protected] Dino Zappacosta [email protected]

MEMBERS OF THE PUBLIC CAN ADDRESS COUNCIL IN THE FOLLOWING WAYS

Council generally meets every second and fourth Tuesday of the month at 7pm in the Council Chambers.

Addressing the Council on Business Paper matters If there is a matter on the agenda you would like to discuss or address, you can contact Council prior to the Ordinary Meeting of Council and request permission to address Council in relation to the matter. Notice of this must be given by 12 noon of the day of the meeting. Any requests for detailed information regarding an item on the Council Business Paper must be submitted by 12 noon of the day of the meeting.

Notice of Motion via Councillor You are able to lobby a Councillor to raise a Notice of Motion to have a matter considered by the Council at a future meeting.

Petition A petition can be presented to the Council through a Councillor. If you would like to present a petition to an Ordinary Meeting of Council, please contact one of the Councillors to arrange.

Customer Request Management system The Customer Request Management system (CRM) manages the processing of customer requests. Customer requests can be then easily responded to, allocated to responsible officers and checked. The system will automatically escalate requests that have not been actioned. To log a request, please contact Council’s Customer Service Team on 02 6962 8100.

Direct correspondence to the General Manager You can write directly to the General Manager about your issue or concern via letter or email. You can contact the General Manager at [email protected] or to The General Manager, PO Box 485 Griffith NSW 2680.

Ordinary Meeting of Council | 10 May 2016 2

REPORT AUTHORS AND AREAS OF RESPONSIBILITY

Senior Management Team General Manager Brett Stonestreet Manager Executive Services Shireen Donaldson Public Officer/Right to Information Officer Shireen Donaldson Director Business, Cultural & Financial Services Max Turner Acting Director Infrastructure and Operations Manjit Chugha Director Sustainable Development Neil Southorn Director Utilities Graham Gordon

Executive Services Governance Coordinator Wendy Krzus Compliance Coordinator Michael Toohey HR & Risk Manager Vacant Training & Recruitment Manager Nick DeMartin

Business, Cultural & Financial Services Finance Manager Vanessa Edwards Asset Management Coordinator Andrew Keith Library Manager Christine Del Gigante Library Manager Pam Young Griffith Regional Theatre & Art Gallery Manager Raina Savage Leisure Services Manager Alan Anderson IT Manager Katherine Frost Corporate Information Coordinator Joanne Savage Data Information Officer Wendy Vaccari

Infrastructure & Operations Works Manager - Maintenance Manjit Chugha Works Manager - Construction Shree Shrestha Parks & Gardens Manager Peter Craig Airport Coordinator Bob Campbell Fleet & Depot Manager Steve Croxon

Sustainable Development Planning & Environment Manager Carel Potgieter Coordinator Landuse Planning and Compliance Kelly McNicol Senior Development Assessment Planner Stephen Parisotto Development Assessment Planner Linden Foster Principal Planner Pete Badenhorst Project Planner Nathan Farnell Environment, Health & Sustainability Coordinator Fiona de Wit Corporate Property Officer Daphne Bruce Tourism & Economic Development Manager Greg Lawrence Building Certification Coordinator Anthea Crack Community Development Coordinator Peta Dummett

Utilities Engineering Design & Approvals Manager Joe Rizzo Waste Operations Manager John Roser Senior W&S Engineer – Operations Steven Oosthuysen

Ordinary Meeting of Council | 10 May 2016 3

AGENDA

ORDINARY MEETING OF GRIFFITH CITY COUNCIL TO BE HELD IN GRIFFITH CITY COUNCIL CHAMBERS 1 BENEREMBAH STREET, GRIFFITH NSW 2680 ON TUESDAY, 10 MAY 2016 AT 7:00 PM

MEETING NOTICE

Notice is hereby given that an Ordinary Meeting of Council will be held in the Griffith City Council Chambers, 1 Benerembah Street, GRIFFITH NSW 2680 on Tuesday, 10 May 2016.

Persons in the gallery are advised that the proceedings of the meeting will be recorded for the purpose of ensuring the accuracy of the Minutes. However, under the Local Government Act 1993, no other recording is permitted without the authority of the Council or Committee. Recording includes a video camera and any electronic device capable of recording speech.

Members of the public may address Council in relation to the items listed in this Agenda by contacting Council on (02) 6962 8100 by 12.00 pm on the day of the meeting.

The agenda for the meeting is:

1 Council Prayer and Acknowledgment of Country

2 Apologies and Requests for Leave of Absence

3 Confirmation of Minutes

4 Business Arising

5 Declarations of Interest

6 Presentations

p15 Cheque Presentation from Circolo Vicentini Nel Mondo to St Vincent Private Hospital

7 Mayoral Minutes

8 General Manager’s Report

CL01 p16 DA 12/2016 - Proposed Multi-Denominational Place of Public Worship

CL02 p36 Collina Growth Area - Site Specific Development Control Plan

CL03 p84 Proposed Centre of Excellence in Irrigated Agriculture - Business Case

9 Information Reports

10 Adoption of Committee Minutes

Ordinary Meeting of Council | 10 May 2016 4

p154 Minutes of the Traffic Committee Meeting held on 12 April 2016

p157 Minutes of the Communities Committee Meeting held on 19 April 2016

p161 Minutes of the Tourism and Events Committee Meeting held on 14 April 2016

p165 Minutes of the Utilities Committee Meeting held on 21 April 2016

11 Business with Notice – Rescission Motions

12 Business with Notice – Other Motions

13 Councillor Question Time

14 Outstanding Action Report

p186 Outstanding Action Report

15 Matters to be dealt with by Closed Council

CC01 Security Services Tender 08-15/16

- commercial information of a confidential nature that would, if disclosed: (i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret 10A(2) (d)

Brett Stonestreet

GENERAL MANAGER

Ordinary Meeting of Council | 10 May 2016 5

MINUTES

ORDINARY MEETING OF GRIFFITH CITY COUNCIL HELD IN GRIFFITH CITY COUNCIL CHAMBERS 1 BENEREMBAH STREET, GRIFFITH NSW 2680 ON TUESDAY, 26 APRIL 2016 COMMENCING AT 7:00 PM

PRESENT

The Mayor, John Dal Broi in the Chair; Councillors, Alison Balind, Patricia Cox, Simon Croce, Doug Curran, Bill Lancaster, Anne Napoli, Mike Neville, Paul Rossetto, Christine Stead, Leon Thorpe and Dino Zappacosta

STAFF

General Manager, Brett Stonestreet, Manager Executive Services, Shireen Donaldson, Director Utilities, Graham Gordon, Director Sustainable Development, Neil Southorn, Director Business, Cultural & Financial Services, Max Turner, Acting Director Infrastructure & Operations, Manjit Chugha and Minute Secretary, Leanne Austin

1 COUNCIL PRAYER AND ACKNOWLEDGEMENT OF COUNTRY

The Meeting opened with Councillor Simon Croce reading the Council prayer and the Acknowledgment of Country.

2 APOLOGIES AND REQUESTS FOR LEAVE OF ABSENCE

No apologies or requests for leave of absence were received.

3 CONFIRMATION OF MINUTES

16/100

RESOLVED on the motion of Councillors Christine Stead and Leon Thorpe that the minutes of the Ordinary Meeting of Council held in Griffith City Council Chambers on 12 April 2016, having first been circulated amongst all members of Council, be confirmed.

4 BUSINESS ARISING

Griffith Railway Passenger Services

Councillor Stead requested an update on the closure of the railway ticketing office. Mr Stonestreet advised there has been no further information provided and that the rail service will remain unchanged however ticketing services at the railway station will cease. The Mayor advised this issue has been raised with the Hon. Adrian Piccoli MP.

Ordinary Meeting of Council | 10 May 2016 6

Minutes of Ordinary Meeting of Council 26 April 2016

Southern Phone

Councillor Thorpe requested an update on investigations regarding Southern Phone as to a possible shareholding or investment. Mr Turner advised he had been in contact with Southern Phone and will be meeting with a representative of the company in the coming weeks. A draft memorandum has been prepared for Councillors’ information and will be distributed by the end of the current week.

Clean Up for Griffith Centenary Celebrations

Councillor Cox enquired if a Clean Up day was to be scheduled prior to the Centenary celebrations? The Mayor advised this had not been discussed by the 2016 Centenary Celebrations Committee as yet. Councillor Zappacosta advised this had been discussed at a recent Utilities Committee meeting and the next Tip for Free Day has been scheduled earlier than usual to coincide with Centenary celebrations.

5 DECLARATIONS OF INTEREST

Pecuniary Interests

Councillors making a pecuniary interest declaration are required to leave the meeting during consideration of the matter and not return until the matter is resolved.

Councillor Christine Stead CL05 The Australian Women’s Leadership Symposium Reason – Councillor Stead’s name is in this course for intending to attend the conference of the Australian Women’s Leadership Symposium.

Significant Non-Pecuniary Interests

Councillors making a significant non-pecuniary interest declaration are required to leave the meeting during consideration of the matter and not return until the matter is resolved.

Councillor Anne Napoli CL04 Local Government Professionals National Congress and Business Expo Reason – Councillor Napoli is one of the nominees mentioned in this report to attend the Local Government Professionals National Congress.

Councillor Anne Napoli CL05 The Australian Women’s Leadership Symposium Reason – Councillor Napoli is one of the nominees mentioned in this report to attend the Australian Women’s Leadership Symposium.

Less Than Significant Non-Pecuniary Interests

Councillors making a less than significant non-pecuniary interest declaration may stay in the meeting and participate in the debate and vote on the matter.

Councillor Alison Balind Minutes of the Transport Committee Minutes held 11 April 2016 Reason – Councillor Balind’s husband is employed as Griffith City Council’s Road Safety Officer. Husband’s role is in an advisory capacity only.

Councillor Pat Cox CL01 – DA 10/2016 Two Storey Dwelling with Attached Garage and Swimming Pool Reason – Councillor Cox has been contacted by a representative of the developers.

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Minutes of Ordinary Meeting of Council 26 April 2016

Councillor Doug Curran CL01 DA 10/2016 Two Storey Dwelling with Attached Garage and Swimming Pool Reason – Councillor Curran was contacted by a representative for the proponents. Matters discussed were general in nature.

Councillor John Dal Broi CL04 Local Government Professionals National Congress and Business Expo Reason – Councillor Dal Broi is mentioned in the report. No appreciable gain or loss.

Councillor Bill Lancaster Minutes of the Griffith Community Private Hospital Committee 22 March 2016 Reason – Councillor Lancaster’s son is the Project Manager for Eacom a company engaged in the building of the Griffith Community Private Hospital. This disclosure is given as a General Disclosure under Section 454 of the Local Government Act.

Councillor Anne Napoli CL01 DA 10/2016 Two Storey Dwelling with Attached Garage and Swimming Pool Reason – Councillor Napoli has been contacted by the proponent’s consultant to ask if Councillor Napoli had any questions in regards to this DA.

Councillor Anne Napoli CL02 Endorsement of the Draft Delivery Program 2013/14 – 2016/17 Incorporating the Draft Operational Plan (Budget) for the 2016/17 Financial Year Reason – Two members of Councillor Napoli’s family are employed at Griffith City Council. Endorsing the Draft Delivery Plan will be of no consequence to Councillor Napoli’s family members’ employment.

Councillor Anne Napoli Minutes of the Griffith Community Private Hospital Committee 22 March 2016 Reason – A member of Councillor Napoli’s family is involved in a contract related to the construction of the Private Hospital.

Councillor Mike Neville CL01 DA 10/2016 Two Storey Dwelling with Attached Garage and Swimming Pool Reason – Councillor Neville has been approached by the proponent and discussed the development in brief.

Councillor Christine Stead CL01 DA 10/2016 Two Storey Dwelling with Attached Garage and Swimming Pool Reason – Councillor Stead was contacted today by Martin Ruggeri regarding this development.

6 PRESENTATIONS

Nil

7 MAYORAL MINUTES

MM01 MURRAY DARLING ASSOCIATION - REGION 9 16/101

RESOLVED on the motion of Councillors Paul Rossetto and Leon Thorpe that:

Ordinary Meeting of Council | 10 May 2016 8

Minutes of Ordinary Meeting of Council 26 April 2016

(a) Griffith City Council submit a nomination for Chair of the Murray Darling Association (Region 9) at the next election scheduled during June or July 2016.

(b) Should Council be successful with its nomination as Chair then the Mayor or his representative attend meetings as Council’s delegate.

8 GENERAL MANAGER’S REPORT

CL01 DA 10/2016 - TWO STOREY DWELLING WITH ATTACHED GARAGE AND SWIMMING POOL 16/102

RESOLVED on the motion of Councillors Christine Stead and Mike Neville that the meeting suspend standing orders to permit Mr Martin Ruggeri (Planningmatters Development Service) to address Council on behalf of the proponents.

Mr Ruggeri addressed Council the time being 7:17 pm.

16/103

RESOLVED on the motion of Councillors Doug Curran and Leon Thorpe that the meeting resume standing orders, the time being 7.20 pm.

16/104

RESOLVED on the motion of Councillors Anne Napoli and Christine Stead that:

(a) Council pursuant to the provisions of Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, grant consent to Development Application 10/2016 for a two storey dwelling and swimming pool at Lot 23 DP 1083401, 5 Angela Place, Griffith subject to the conditions of consent set out in Attachment 'A' of this report; and

(b) The application be delegated to the Director of Sustainable Development for the preparation and issue of the Notice of Determination.

In accordance with the Local Government Action (section 375A - Recording of voting on planning matters) Council must record the Councillor's vote in relation to the matter.

For Against Councillor John Dal Broi Councillor Alison Balind Councillor Patricia Cox Councillor Simon Croce Councillor Doug Curran Councillor Bill Lancaster Councillor Anne Napoli Councillor Mike Neville Councillor Paul Rossetto Councillor Christine Stead Councillor Leon Thorpe Councillor Dino Zappacosta The division was declared PASSED by 12 votes to 0.

Ordinary Meeting of Council | 10 May 2016 9

Minutes of Ordinary Meeting of Council 26 April 2016

CL02 ENDORSEMENT OF THE DRAFT DELIVERY PROGRAM 2013/14 - 2016/17 INCORPORATING THE DRAFT OPERATIONAL PLAN (BUDGET) FOR THE 2016/17 FINANCIAL YEAR 16/105

RESOLVED on the motion of Councillors Leon Thorpe and Paul Rossetto that:

(a) Council endorse the draft Delivery Program 2013/14 - 2016/17 incorporating the Operational Plan (Budget) 2016/17 and draft Ten Year Long Term Financial Plan 2016/17 to 2025/26.

(b) Council place the draft Delivery Program 2013/14 - 2016/17 incorporating the Operational Plan (Budget) 2016/17 and draft Ten Year Long Term Financial Plan 2016/17 to 2025/26 on public display for 28 days during which time a community consultation process will be implemented including community information session.

(c) Following the public exhibition period, the draft Delivery Program 2013/14 - 2016/17 incorporating the Operational Plan (Budget) 2016/17 and draft Ten Year Long Term Financial Plan 2016/17 to 2025/26 be presented to Council for adoption by 30 June 2016.

Councillor Lancaster requested his vote against the motion be recorded.

CL03 DRAFT AMENDMENTS TO POLICY UD-CP-201 - USE OF COUNCIL FOOTPATHS 16/106

RESOLVED on the motion of Councillors Alison Balind and Christine Stead that:

(a) Council place the proposed amendments to Policy UD-CP-201 – Use of Council Footpaths as contained in Attachment (a) to the report on public exhibition for 28 days.

(b) Should submissions be received suggesting further significant amendment, a further report be presented to Council.

(c) Should no submissions be received, adopt the amendments as at the close of the exhibition period.

(d) An information meeting be held with stakeholders and members of the public during the exhibition period.

Councillor Anne Napoli left the meeting having declared a significant non-pecuniary interest, the time being 7:41 pm.

CL04 LOCAL GOVERNMENT PROFESSIONALS - NATIONAL CONGRESS AND BUSINESS EXPO - 4 TO 6 MAY 2016 16/107

RESOLVED on the motion of Councillors Dino Zappacosta and Mike Neville that:

(a) Mayor Cr John Dal Broi and Councillor Anne Napoli - Griffith Health Facilities Ltd (Fund Raising Committee - Chair) attend the Local Government Professionals, Australia National Congress and Business Expo from 4 to 6 May 2016.

Ordinary Meeting of Council | 10 May 2016 10

Minutes of Ordinary Meeting of Council 26 April 2016

(b) Council meet registration and other associated expenses in relation to attendance at the event in accordance with Council Policy.

(c) The General Manager, Director Business, Cultural and Financial Services and Manager Executive Services also attend the Congress and Business Expo.

Councillor Christine Stead left the meeting having declared a pecuniary interest, the time being 7:45 pm.

CL05 THE AUSTRALIAN WOMEN'S LEADERSHIP SYMPOSIUM (22-23 JUNE 2016) 16/108

RESOLVED on the motion of Councillors Mike Neville and Doug Curran that Council approve the attendance of Councillor Anne Napoli and Councillor Christine Stead to the Australian Women’s Leadership Symposium in June 2016.

Councillor Christine Stead returned to the meeting at 7:47 pm.

Councillor Anne Napoli returned to the meeting at 7:47 pm.

9 INFORMATION REPORTS

CL06 INVESTMENTS AT 31 MARCH 2016 16/109

RESOLVED on the motion of Councillors Mike Neville and Leon Thorpe that the report be noted by Council.

10 ADOPTION OF COMMITTEE MINUTES

MINUTES OF THE 2016 CENTENARY CELEBRATIONS COMMITTEE MEETING HELD ON 15 MARCH 2016 16/110

RESOLVED on the motion of Councillors Christine Stead and Leon Thorpe that the recommendations as detailed in the Minutes of the 2016 Centenary Celebrations Committee meeting held on 15 March 2016 be adopted.

Councillor Cox requested that Councillors be provided with budget details for the 2016 Centenary Celebrations. Councillor Cox suggested the Committee consider holding an event to recognise Griffith’s oldest citizens. The Mayor advised this would be referred to the next Committee meeting.

MINUTES OF THE GRIFFITH COMMUNITY PRIVATE HOSPITAL COMMITTEE MEETING HELD ON 22 MARCH 2016 16/111

RESOLVED on the motion of Councillors Anne Napoli and Mike Neville that the recommendations as detailed in the Minutes of the Griffith Community Private Hospital Committee meeting held on 22 March 2016 be adopted.

Ordinary Meeting of Council | 10 May 2016 11

Minutes of Ordinary Meeting of Council 26 April 2016

Councillor Rossetto requested further information in relation to the Griffith Community Private Hospital procedures and operations. The Mayor advised the General Manager/Director of Nursing, Mr Graham Clarke, is to be invited to attend a Council Workshop to present to Councillors.

MINUTES OF THE FESTIVAL OF GARDENS COMMITTEE MEETING HELD ON 7 APRIL 2016 16/112

RESOLVED on the motion of Councillors Patricia Cox and Doug Curran that the recommendations as detailed in the Minutes of the Festival of Gardens Committee meeting held on 7 April 2016 be adopted.

MINUTES OF THE TRANSPORT COMMITTEE MEETING HELD ON 11 APRIL 2016 16/113

RESOLVED on the motion of Councillors Simon Croce and Doug Curran that the recommendations as detailed in the Minutes of the Transport Committee meeting held on 11 April 2016 be adopted.

11 BUSINESS WITH NOTICE – RESCISSION MOTIONS

Nil

12 BUSINESS WITH NOTICE – OTHER MOTIONS

NOTICE OF MOTION - PROPOSED AMENDMENT TO COUNCIL'S ENGINEERING GUIDELINES 16/114

RESOLVED on the motion of Councillors Bill Lancaster and Mike Neville that Council's Engineering Guidelines Subdivisions and Development Standards December 2008 at paragraph 2.7 be varied to allow for all new roads associated with subdivision of residential land south and west of the main canal to be constructed of a two coat bitumen surface consisting of a double bitumen, double stone surface as an alternative to construction of 40mm Asphaltic Concrete.

13 COUNCILLOR QUESTION TIME

Councillor Balind raised the following question:

“Where is the planning up to for a ceremony or event to formally acknowledge Mr Stuart McWilliam as a Freeman of the City? Mr McWilliam passed away in November and it was announced at his funeral that the honour would be bestowed and we have heard nothing further since then.”

The Mayor advised Council has been negotiating arrangements with the family. It is proposed a midday function will be held in June.

Ordinary Meeting of Council | 10 May 2016 12

Minutes of Ordinary Meeting of Council 26 April 2016

14 OUTSTANDING ACTION REPORT

Councillor Balind requested an update on the report for the City2Lake event. Mr Stonestreet advised a report will be presented to Councillors for consideration following finalisation of the financials for this year’s event.

16/115

RESOLVED on the motion of Councillors Christine Stead and Leon Thorpe that the report be noted.

15 MATTERS TO BE DEALT WITH BY CLOSED COUNCIL

In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a part of the meeting closed to the media and public.

Set out below is Section 10A(2) of the Local Government Act 1993 in relation to matters which can be dealt with in the closed part of a meeting.

The matters and information are the following:

(a) personnel matters concerning particular individuals (other than councillors)

(b) the personal hardship of any resident or ratepayer

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

(d) commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or

(ii) confer a commercial advantage on a competitor of the council, or

(iii) reveal a trade secret

(e) information that would, if disclosed, prejudice the maintenance of law

(f) matters affecting the security of the council, councillors, council staff or council property

(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege

(h) information concerning the nature and location of a place or an item of Aboriginal significance on community land.

(i) alleged contraventions of any code of conduct requirements applicable under section 440 of the Local Government Act 1993.

Ordinary Meeting of Council | 10 May 2016 13

Minutes of Ordinary Meeting of Council 26 April 2016

16/116

RESOLVED on the motion of Councillors Christine Stead and Leon Thorpe that:

(a) Council resolve into closed council to consider business identified, together with any late reports tabled at the meeting.

(b) That pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provision of section [10A(2)] as outlined above.

(c) That the correspondence and reports relevant to the subject business be withheld from access to the media and public as required by section 11(2) of the Local Government Act 1993.

Council resolved that members of the press and public be excluded from the meeting during consideration of the items listed below, and that discussion of the report in open Council would be contrary to the public interest.

GENERAL BUSINESS – GRIFFITH COMMUNITY PRIVATE HOSPITAL NAMING RIGHTS Reason: Commercial Advantage 10A(2)(d)

Council closed its meeting at 8:08 pm. The public and media left the chamber.

REVERSION TO OPEN COUNCIL

16/117

RESOLVED on the motion of Councillors Christine Stead and Mike Neville that open Council be resumed.

Open Council resumed at 8:11 pm.

Upon resuming open Council the Mayor reported that no resolutions had been made in Closed Council.

There being no further business the meeting terminated at 8:11 pm.

Confirmed: ......

CHAIRPERSON

Ordinary Meeting of Council | 10 May 2016 14

Griffith City Council PRESENTATION

TITLE Cheque Presentation from Circolo Vicentini Nel Mondo to St Vincent Private Hospital

Cheque Presentation from the Circolo Vicentini Nel Mondo to St Vincent Private Hospital.

SUMMARY

The Circolo Vicentini Nel Mondo Association with connections to Vicenza in Italy. Each year the Committee have functions to raise money and donate to local charities.

RECOMMENDATION

Standing Orders be suspended to allow the presentation from Circolo Vicentini Nel Mondo to St Vincent Private Hospital. The donation will go towards essential medical equipment being an ECG machine and a hospital bed.

Ordinary Meeting of Council | 10 May 2016 15

Griffith City Council DA REPORT

CLAUSE CL01 PROPOSAL DA 12/2016 - PROPOSED MULTI-DENOMINATIONAL PLACE OF PUBLIC WORSHIP PROPERTY Lot 679 DP 39618, 114 Mallinson Road, Lake Wyangan LOCATION Northern side of Mallinson Road approximately midway between Elizabeth Drive and Maegraith Place, Lake Wyangan ZONING RU4 Primary Production Small Lots APPLICABLE PLANNING Griffith Local Environmental Plan 2014 INSTRUMENT EXISTING DEVELOPMENT Agricultural farm land APPLICANT P & R Piccolo OWNER P & R Piccolo DIRECTORS OF COMPANY N/A (IF APPLICABLE) APPLICATION DATE 15 January 2016 REASON FOR REFERRAL Public Interest FROM Steven Parisotto, Senior Development Assessment Planner TRIM REF 16/22792

SUMMARY

Proposal

On 15 January 2016 Council received a development application that proposed to erect a multi-denominational church (place of public worship), a function centre (comprising of temporary marquee structures) and services and amenities building and associated carpark facilities.

Following the notification of the development and as a result of the submissions received the applicant sought to address the concerns raised in the objections and submitted revised plans for consideration. The revised plans are for the multi-denominational church, amenities building and associated car park only.

The following assessment is of the original development however the recommendation is given on the basis of the revised drawings.

Type of Development

Local

Consultation

Senior Management Team, Director Sustainable Development

Ordinary Meeting of Council | 10 May 2016 16

CL01 DA 12/2016 - Proposed Multi-Denominational Place of Public Worship

Main Issues

The application has been referred to Council for determination due to the public interest of the development including the objections received.

The proposed development is permissible within the RU4 Primary Production Small Lot zone and is generally consistent with the objectives attributed to that zone.

The main issues associated with the development for Council consideration are:

 The potential impact of the development on neighbouring rural residential lots particularly in terms of traffic and noise associated with the use of the premises, particularly the function centre component.

The development application was duly notified in accordance with the provisions of Development Control Plan No. 25 – Public Notification of Development Applications and following the close of submissions Council had received 18 submissions objecting to the development. As a consequence of the objections the applicant amended his proposal to remove the temporary function facilities from the proposal. As the amended development resulted in a development which could be viewed as have a lesser impact than the original proposal, it was not renotified.

RECOMMENDATION

(a) That pursuant to the provisions of Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979 Council grant consent to Development Application No. 12/2016 for a multi-denominational place of public worship at Lot 679 DP 39618, 114 Mallinson Road, Lake Wyangan subject to conditions set out in Attachment “A” of this report.

(b) That the application be delegated to the Director of Sustainable Development for preparation and issue of the notice of determination.

Ordinary Meeting of Council | 10 May 2016 17

CL01 DA 12/2016 - Proposed Multi-Denominational Place of Public Worship

In accordance with the Local Government Act (section 375A - Recording of voting on planning matters) Council must record the Councillor's vote in relation to this matter.

Councillor For Against Cr Dal Broi Cr Napoli Cr Lancaster Cr Thorpe Cr Balind Cr Zappacosta Cr Neville Cr Croce Cr Curran Cr Cox Cr Rossetto Cr Stead

SITE DESCRIPTION

The subject site is located on the northern side of Mallinson Road approximately midway between Elizabeth Drive and Maegraith Place, Lake Wyangan.

The site comprises of a single parcel of land that can be legally described as Lot 679 DP 39618 and is otherwise known as Farm 1814. The land has a frontage of approximately 247 metres to Mallinson Road and has an area of 7.65 hectares.

The land falls toward the north or rear of the site and is presently used for primary production purposes involving horticulture. Several small farm machinery sheds stand within the boundaries of the subject lot however there is no dwelling.

The locality generally comprises of two distinct land uses, primary production (horticulture) on the northern side of Mallinson Road with associated dwellings, farm machinery and fruit packing sheds. The southern side of Mallinson Road is essentially rural residential in nature with dwellings on lots typically greater than 3000m2.

The adjoining development to the west comprises of a dwelling (owned by the applicant) which is located approximately 80 metres from the proposed building works and a packing shed. The lot to the east comprises of farm machinery sheds and worker’s quarters. Development directly opposite the site comprises single dwellings. The boundary of these properties is approximately 65 metres from the proposed building works and the dwellings on these adjoining lots are approximately 65-150 metres from the entrance to the proposed development.

Ordinary Meeting of Council | 10 May 2016 18

CL01 DA 12/2016 - Proposed Multi-Denominational Place of Public Worship

LOCATION MAP

BACKGROUND

Site History

The site has been historically used for agricultural purposes.

Timeline of Events Pertaining to the Development Application

 15 January 2016 - Development Application 12/2016 lodged with Griffith City Council.

 28 January 2016 – Notification letters to adjoining and nearby property owners posted.

 29 January 2016 – Notice of proposed development appeared in The Area News

 12 February 2016 – The notification period closed.

 26 February 2016 – Late submission received.

 4 March 2016 – Applicant submitted revised drawings to Council for consideration.

Ordinary Meeting of Council | 10 May 2016 19

CL01 DA 12/2016 - Proposed Multi-Denominational Place of Public Worship

PROPOSAL IN DETAIL

The application as submitted relates to the proposed construction of a multi-denominational place of public worship, setting aside an area for the erection of temporary structures (marquee) and use as a function centre and associated services and amenities building, and a car park that can accommodate a total of 40 passenger vehicles.

As outlined in the summary, the applicant has revised his proposal, deleting the functions marquee area. It is important to note that while the applicant has effectively withdrawn this component from the subject development application there is nothing that would prevent the applicant from lodging a future development application for something similar.

Architecturally the proposed church is themed on historic road side country churches. It will be constructed of face brick and feature arched stained glass window opening, and a steep corrugated zincalume clad roof. The church has an area of 110m2 and is designed to accommodate a congregation of up to 144 persons (24 pews with seating for six per pew).

The applicant seeks to lease the church on an as needs basis to individual groups and seeks approval to operate from between the hours of 10.00am and 10.00pm on a daily basis.

The revised site plan and information submitted with the development application (floor plans, elevation and statement of environmental effects) are set out in Attachments “B” and “C” respectively.

ASSESSMENT UNDER THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

In determining a development application, a consent authority is to take into consideration Section 79C of the Environmental Planning and Assessment Act, 1979. The following matters are of relevance to the development the subject of the development application.

SECTION 79C(1)(a)(i) any environmental planning instrument

Griffith Local Environmental Plan 2014

(a) Permissibility

The development application originally sought consent for a place of public worship and a function centre which, in the Dictionary of Griffith Local Environmental Plan 2014, are defined as:

function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility

place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.

The subject land is zoned RU4 Primary Production Small Lot and under Part 2 Land Use Table (see extract below) of Griffith Local Environmental Plan.

3 Permitted with consent

Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Camping grounds; Caravan parks; Cellar door premises; Child care Ordinary Meeting of Council | 10 May 2016 20

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centres; Community facilities; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Function centres; Garden centres; Group homes; Helipads; Home businesses; Home industries; Industrial training facilities; Information and education facilities; Kiosks; Landscaping material supplies; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Resource recovery facilities; Respite day care centres; Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Signage; Storage premises; Truck depots; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Water supply systems

On this basis the development is permissible with the consent of Council.

(b) Aims and Objectives

The proposed development has been considered with regard to the aims of Griffith Local Environmental Plan 2014 as set down in Part 1, clause 1.2(2) which states:

(a) to prevent unnecessary urban sprawl by promoting business, industrial, rural and residential uses within and adjacent to existing precincts related to those uses, (b) to minimise land use conflict in general by creating areas of transition between different and potentially conflicting land uses, (c) to provide a variety of development options to meet the needs of the community with regard to housing, employment and services, (d) to manage and protect areas of environmental significance, (e) to recognise the historical development of the area and to preserve heritage items associated with it.

The objectives for the RU4 Primary Production Small Lot zone set down in the Land Use Table are as follows:

. To enable sustainable primary industry and other compatible land uses. . To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature. . To minimise conflict between land uses within this zone and land uses within adjoining zones. . To enable function centres restaurants and appropriate forms of tourist and visitor accommodation to be developed in conjunction with agricultural uses. . To protect and retain land for sustainable and viable intensive plant agriculture, particularly horticulture, viticulture and irrigation farms for specialised agriculture, that can take advantage of high land quality and the availability of a reliable water supply. . To permit a range of activities that support the agricultural industries being conducted on the land and limit development that may reduce the agricultural production potential of the land. . To permit tourist facilities that promote an appreciation of the rural environment and associated agricultural and horticultural activities, while ensuring the continued economic viability of the land.

In evaluating the objectives of the zone, it has been considered that the relevance and weight of the objectives in respect to the proposed development vary in significance.

The proposed development will by its very nature marginally reduce the agricultural production capacity of the land which historically has been used for horticultural farming. The proposed development is not incompatible with existing activities within the RU4 zone and would not prevent the sustainable use of the land for primary production purposes. Ordinary Meeting of Council | 10 May 2016 21

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The proposed development neither encourages nor discourages diversity or opportunities for employment in relation to primary industry enterprises. It cannot be said that the proposed place of public worship is an activity that supports the agricultural industry, however it does not unduly limit development that would significantly reduce the agricultural potential of the land.

While both the land use table and the objectives enable a function centre, it is considered that the function centre would not specifically be used in conjunction with the agricultural uses.

Interface conflict is always at its highest at the boundary of two distinct zones. In this instance the boundary is between the RU4 Primary Production Small Lot zone and the R5 Large Lot Residential zone. Given that a place of public worship is permissible within both zones it cannot be argued that there is any interface conflict as a result of the land use.

It is considered that the proposed development accords with the zone objectives set down in Griffith LEP 2014.

(c) Principal Development Standards

Section 4 of the Environmental Planning and Assessment Act 1979 defines a development standard as being a provision of an environmental planning instrument in relation to the carrying out of a development, being provisions by or under which requirements are specified or standards are fixed in respect to any aspect of the development.

Part 4 of Griffith Local Environmental Plan 2014 identifies the principal development standards that apply. In this instance there are no development standards applicable to the proposed development.

(d) Miscellaneous Provisions

Part 5 of Griffith Local Environmental Plan addresses numerous miscellaneous provisions

(i) Heritage conservation

Clause 5.10 of Griffith Local Environmental Plan 2014 sets down objectives in respect to the conservation of environmental heritage within the Griffith local government area. Specifically it applies to the protection of heritage items and heritage conservation areas; development affecting places or sites of known or potential Aboriginal heritage significance; development affecting known or potential archaeological sites of relics of non-Aboriginal heritage significance; development in the vicinity of a heritage item; provision of conservation incentives; and development in heritage conservation areas.

The subject site is not located within a heritage conservation area, nor does it contain nor is it within the vicinity of a heritage item listed in Schedule 5 of Griffith LEP 2014.

In terms of Aboriginal Cultural Heritage, a search of the Aboriginal Heritage Information Management System (AHIMS) revealed that there are no aboriginal sites in or near the location of the development nor has there been any declared aboriginal place. On the basis that the land is disturbed as a result of agricultural farm management practices and is greater than 200 metres from water, not on a ridge top or ridgeline there is unlikely to be any evidence of Aboriginal cultural material on the site.

(e) Additional Local Provisions

(i) Earthworks

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The objective of this clause is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.

The extent of earthworks is limited to the excavation of footings for the building and that to form the driveway and parking areas.

Council’s Engineers have indicated that the proposed development will require Construction Certificates prior to the commencement of any earthworks, therefore the matters for consideration listed above will be addressed based on the information provided prior to Construction Certificate approval.

(ii) Flood Planning

The objectives of Griffith Local Environmental Plan 2014 in respect to flood planning are as follows:

(a) to minimise the flood risk to life and property associated with the use of land;

(b) to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,

(c) to avoid significant adverse impacts on flood behaviour and the environment.

The subject land has not been mapped as being flood affected.

(iii) Terrestrial Biodiversity, Groundwater Vulnerability, Riparian Land, Watercourse & Wetlands & Salinity

The subject site has not been identified on the Terrestrial Biodiversity, Ground Water Vulnerability, Riparian Land, or the Watercourse, Wetlands and Salinity maps and therefore the provisions of clauses 7.3 to 7.7 are not relevant.

(iv) Essential services

Clause 7.10 states that development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the development are available or that adequate arrangements have been made to make them available when required:

(a) the supply of water,

(b) the supply of electricity,

(c) the disposal and management of sewage,

(d) stormwater drainage or on-site conservation,

(e) suitable vehicular access.

Council’s Engineers advise that a 100mm potable water main services the site and that any amplification, replacement or upgrade of the service to cater for the development is to be at the applicant’s expense.

It is the responsibility of the applicant to ensure any stormwater resulting from the development is disposed of in a proper manner to Murrumbidgee Irrigation’s system via an onsite detention system.

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The applicant is to make their own arrangements with the service provider for an adequate connection to electricity for the proposed development. All costs are to be borne by the applicant.

Council’s sewer infrastructure does not service the subject allotment. It is recommended that as a condition of the proposed Development Application that an Aerated Wastewater Treatment System (AWTS) should be installed in accordance with the requirements outlined in Council’s On-site Sewage Management Plan.

Council’s Engineers advise that the proposed access to the site, including its intersection treatment is to meet the required Safe Intersection Sight Distance (SISD) in accordance with Ausroads Publications as amended by supplements adopted by the NSW and the Roads and Maritime Service (RMS). The access way and internal roads are to be constructed in accordance with Council’s Engineering Guidelines – Subdivision and Development Standards.

State Environmental Planning Policies

(i) State Environmental Planning Policy No. 55: Remediation of Land

The provisions of Clause 7(1)(a) of SEPP 55 – Remediation of Land states that a consent authority must not consent to the carrying out of any development on land unless it has considered whether the land is contaminated.

Clause 7(2) states that before determining an application for consent to carry out development that would involve a change of use on any of the land specified in subclause (4), the consent authority must consider a preliminary investigation of the land concerned carried out in accordance with the contaminated land planning guidelines.

With regard to sub-clause 4, it identifies triggers for a preliminary investigation, including;

. Land within an investigation area; . Land that is listed in Table 1 of the Managing Contaminated Land Planning Guidelines . Land on which it is proposed to carry out development for residential, educational, recreational or child care purposes or for the purpose of a hospital (whereby there is either no knowledge or incomplete knowledge of development referred to in Table 1 or where it would have been lawful to carry out such development.

The subject site is not within an investigation area as set out in Clause 7(4)(a), however is land that is listed in Table 1 as being an activity that may have caused contamination.

The main objective of a preliminary investigation is to identify any past or present potentially contaminating activities and provide a preliminary assessment of any site contamination and, if required, provide the basis of a detailed investigation. The preliminary investigation contains a detailed appraisal of the site’s history and a report based on a visual site inspection and assessment.

Of the activities listed in Table 1, agriculture is an activity that would potentially contaminate sites.

Sub-clause 4(c) identifies land uses which are considered sensitive to contamination, these being residential, educational, recreational, or child care purposes or for the purpose of a hospital. Given that the proposed use is not for a sensitive land use, Council can be satisfied that the present (if contaminated) and proposed use is suitable for the development even in a contaminated state for the proposed development.

(ii) State Environmental Planning Policy (Infrastructure) 2007

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Places of public worship are captured by the provisions of State Environmental Planning Policy (Infrastructure) 2007 under Division 17 – Roads and Traffic.

Clause 104 and Schedule 3 of the SEPP identify certain development that requires applications to be referred NSW Roads and Maritime Service (RMS) for concurrence which include places or public worship that tip the threshold requirements. As the development is not on a classified road and involves parking for less than 200 vehicles, referral to the RMS was not required.

SECTION 79C(1)(a)(ii) any draft environmental planning instrument

There are no draft environmental planning instruments applicable to the development or land.

SECTION 79C(1)(a)(iii) any development control plan

The following development control plans have some relevance and have been taken into consideration in assessing the application:

 Development Control Plan No. 1: Non-Urban Development

 Development Control Plan No. 20: Car Parking (2011)

 Development Control Plan No. 25: Public Notification of Development Applications

(a) Development Control Plan No. 1: Non-Urban Development

DCP No. 1 applies to all non-urban land including the RU4 Primary Production Small Lots zone (or the equivalent 1(a) Rural Agricultural Protection zone).

The general aims of the DCP listed in clause 1.2 include the following:

 To ensure residential and non-residential development is of a type, scale and character, which will maintain an acceptable level of amenity at the urban-rural fringe.

 To ensure residential and non-residential development does not impact adversely on adjoining properties in terms of noise, air and water emissions, traffic movements and visual impact.

Mallinson Road forms the boundary between RU4 Primary Production Small Lots and the R5 Large Lot Residential zone. As with any point where two different zones adjoin there will be varying degrees of interface conflict between two, often quite different, legitimate land uses which is evident with this development proposal. While Council can be satisfied that the built form of the proposed development is of a type, scale and character that is not unreasonable at the urban-rural fringe, there are concerns the proposed use will have an unacceptable impact on the amenity. As discussed throughout the report, the use of the premises as a function centre is the matter that is causing the greatest level of concern, particularly as there is no ready means to mitigate impact especially from noise. On the basis that the applicant has revised his application to remove the function centre component, Council can be satisfied that the development meets with the general aims of the DCP.

Specifically Table 2 of the DCP provides the general provisions for development, and the following points are noted:

 The proposed siting of the buildings complies with the setback requirements, which are greater than 10 metres from the boundary of Mallinson Road.

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 The buildings comply with the 40 metres setback required from adjoining agricultural land.

 Perimeter landscaping is shown on the plans however this is predominantly around the site of the proposed church.

 A sealed access way will be provided to the site, and the driveways will achieve the minimum widths to suit the development. In this regard the development complies with the provisions of the DCP.

 Bushfire protection measures can be implemented as conditions of consent.

Council can be satisfied that the development meets with the numerical requirements of DCP No.1.

(ii) Development Control Plan No. 20: Car Parking (2011)

DCP No. 20 specific parking requirements for both a place of public worship and a function centre at the following rates

Place of Public Worship: One space per five seats or 10m2 whichever the greater

Function Centre: One space per 5m2

The proposed church has a floor area of approximately 108m2 and a seating capacity for 144 persons. In parking terms 29 spaces are required as the seating capacity yields the greater parking demand.

The area set aside for the function centre, approximately 300m2 would generate the need for 60 spaces and thus bring the total parking requirement to 89 spaces.

The plans indicate parking for 40 vehicles, which for the total development is insufficient.

Given that the applicant has reduced the scale and extent of the development limiting it to the place of public worship only, the provision of 40 parking spaces would satisfy the requirements of the DCP.

(iv) Development Control Plan No. 25: Public Notification of Development Applications

The application was notified in accordance with the Environmental Planning and Assessment Regulations, 2000 and the provisions of Development Control Plan No. 25: Public Notification of Development Applications. Notification included a notice appearing in The Area News on 29 January 2015 and letters being sent to adjoining and nearby property owners.

The submissions received in response to the notification are dealt with later in this report.

SECTION 79C(1)(a)(iiia) any planning agreement

There are no voluntary planning agreements in force.

SECTION 79C(1)(a) (iv) the regulations

Section 79C(1)(a)(iv) requires Council to take into consideration the provisions of clauses 92-94 of the Environmental Planning and Assessment Regulation 2000.

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Clause 92(1)(b) of the Environmental Planning & Assessment Regulation 2000 requires the consent authority to consider the provisions of Australian Standard AS 2601-1991: The Demolition of Structures. In this instance no demolition is proposed.

Clauses 93 and 94 of the Environmental Planning and Assessment Regulation 2000 require that Council take into consideration to fire safety provisions. Council’s Building Surveyors have undertaken an assessment of the buildings associated with the proposed development with regard to the National Construction Code and raise no issues with the proposed development.

SECTION 79C(1)(b) the likely impacts of the development

In considering the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act, 1979 a consent authority must evaluate the likely impact of the development on the built and natural environment and the social and economic impacts on the locality.

Due to the use of the land originally for primary production there will be little or no impact on the natural environment as a result of the proposed development as the land has been largely cleared of natural vegetation and planted with horticulture.

In terms of the impact the proposed development has on the built environment Council must consider the characteristics of the locality and any consequent impacts on its amenity.

The locality has been described previously in this report as an area that comprises mainly of productive agricultural farm land and associated dwellings on the northern side of Mallinson Road and rural residential development on its southern side.

Amenity may be described as a wide range of qualities, characteristics and attributes that make a positive contribution to peoples' quality of life. The values associated with these attributes are not always static and may change over time and with different cultural or socio- economic status. While amenity value varies according to personal values, there are a number of broad elements that contribute to the amenity of a locality. The impact of noise is one component of amenity which may limit the ability of people to live free of nuisances.

The concern raised by adjoining and nearby land owners is that the noise generated by the development, particularly noise (amplified music) emanating from the function centre would potentially intrude upon their daily activities. Setting aside that agricultural practices emit a level of noise which is unregulated by the legislative framework, the concerns raised by the nearby residents are not unfounded. What exacerbates the problem is that the function centre is a temporary and open marquee structure which means that noise mitigation measures cannot be implemented through building design. This is a key failure of the application and Council could not put into place effective conditions which would mitigate or provide a suitable means to enable regulatory compliance. In this regard, if the applicant had not proactively removed the function centre aspect of the development from consideration, it would have been recommended to Council that the development application be refused.

On the basis of the revised application, Council has sufficient scope to ensure that nuisance result from the use of the development as a place of public worship is minimised through conditions of consent.

Council can be satisfied that the establishment of a place of public worship will not result in any unreasonable social impact. The use of the premises as a function centre as a venue where alcohol is served may contribute to anti-social behaviour which in turn can lead to an adverse effect on locality. To properly address the social impact, the applicant would need to submit a social impact assessment (SIA), which was not submitted with the application.

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However given that the applicant has revised the application and removed the proposed function centre from the development, then a SIA is not required.

It is considered that the proposed development will not result in any detrimental economic impact on the locality.

SECTION 79C(1)(c) the suitability of the site

The subject site is zoned RU4 Primary Production Small Holdings and the permissibility of the development under the Griffith Local Environmental Plan 2014 provides a broad indication that the site is suitable for the proposed development.

There are no constraints posed by adjacent developments and there are no hazardous land uses or activities nearby that would impact upon the use of the subject site as a place of public worship.

The proposed development is compatible in terms of the protection of ecological communities and habitats on the site and that while the development will result in a loss of agricultural land it would not prejudice future agricultural production on the residue of the property or on neighbouring lands.

It is also considered that the proposed development would not lead to unmanageable transport demands on the road network and that the utilities and services available to the site are appropriate and adequate for the development.

The subject site is not subject to natural hazards such as flooding, subsidence, slip or mass movement however part of the site has been mapped as being bushfire prone.

(a) Section 79BA Consultation and development consent – certain bush fire prone land.

The proposed development does not trigger a referral to the Rural Fire Service under the either the provisions of Section 100B of the Rural Fires Act 1997, nor under Sections 79BA or 91 of the Environmental Planning and Assessment Act, 1979. Discussions with the NSW Rural Fire Service (RFS) were undertaken who referred Council to the fact sheet “Places of Public Worship and other Public Assembly Buildings on Bush Fire Prone Land”. The RFS advised that while a place of public worship is not identified as being a special fire protection purpose (SFPP) it should be assessed with regard to the provisions for Planning for Bushfire Protection (PFB). In particular attention was drawn to chapters 4.2.6 of that document.

Council’s Building Surveyor has identified that the proposed church is a Class 9 building. Class 9 buildings are considered assembly areas as they attract significant numbers of people, which may include numbers of persons with various physical capabilities. As with most churches, occupancy rates will vary and more often these buildings have higher occupancy for longer periods on the weekends.

The PFB notes that there are no specific bush fire provisions applying under the National Construction Code (NCC) but emphasises their location be carefully considered. The major issue identified in the PFB is to determine whether or not staff or other occupants have a capacity for a fire fighting response and there is adequate emergency and evacuation planning in place.

The proposed church is brick construction with a metal clad roof and is located with the buffer that surrounds the bushfire zone, the unmanaged fire source feature being along the ridge line over 300 metres up slope of the development site. Between the development site and the fire source feature is what would be considered managed fire sources – that being existing developed residential properties which would have bushfire measures in place.

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The principles for bushfire protection for SFPP development include measures in combination, with a reliance on space around buildings (in terms of defendable space and asset protection zones for fuel load control) rather than on construction standards. In this regard the vegetation that surrounds the development is managed horticultural plantings and proposed gardens surrounding the church building itself.

Utilising the NSW RFS Assessment Tools and the classifications by Keith (2004) the bush formation class within 100 metres of the proposed site would be woodlands (grassy). As vegetation is upslope of the proposed church, the terrain for the purpose of calculating an AFZ is considered 0 degrees. Griffith is located within the Northern Riverina and has an FDl rating of 80. Based on the NSW RFS APZ Calculator the required asset protection zone for a SFPP is 40 metres.

Although asset protection zones should be located wholly within the subject lot, consideration can be given that the boundary to the south is Mallinson Road which can be incorporated in the APZ.

The distance of the building to the unmanaged fire source is over 300 metres, and from land within the bushfire mapped area that is managed is approximately 100 metres up slope resulting in a radiant heat flux of approximately 4.7kW/m2. In terms of the performance criteria set down in 4.2.7 of the BFB, the criteria is met if heat levels of not greater than 10kW/m2 will not be experienced by occupants or emergency services workers entering or exiting the building. For the purposes of AS3959.2009 the bushfire attack level (BAL) would be BAL-Low.

To ensure that the potential for fires are mitigated it would be a requirement that the APZ be maintained for the life of the development. This can be achieved by way of condition or a s88B instrument to that effect over the land.

It should be noted that if the church were set back approximately 45 metres from the front boundary it would be located outside the 100 buffer zone.

Based on the assessment under this and other sections within this report it is considered that the proposed development generally fits the locality and that the site is suitable for the proposed development.

SECTION 79C (1) (d) any submissions made in accordance with the Act or the Regulations

The provisions of the Environmental Planning and Assessment Act 1979, the Environmental Planning and Assessment Regulation 2000 and Development Control Plan 25 – Notification of Development Applications - set down consultation, concurrence and advertising requirements for specific types of development applications and the taking into consideration any submissions received in response to the notification process.

The development generated a significant response to the neighbour notification process and resulted in Council receiving 18 objections. The issues raised in the submissions, relevant to the provisions of Section 79C of the Act are as follows:

(i) Noise Impact

A common theme of all submissions relates to the impact on the peace and quiet of the locality as a result of noise, particularly from the function centre component of the development and traffic leaving the premises.

Comment: The concerns raised by nearby residents are shared by Council and is considered to be a key failing of the proposed development as initially proposed. It is considered that the temporary nature of the structures associated with the function centre Ordinary Meeting of Council | 10 May 2016 29

CL01 DA 12/2016 - Proposed Multi-Denominational Place of Public Worship provides no physical measures that can mitigate the impact from noise associated with its use (eg amplified music). Furthermore Council could not impose conditions of consent that could readily be enforced through compliance measures.

As a consequence of the concerns raised in the submissions the applicant has revised their submission to remove the function centre component of the development. The revised proposal will mitigate the impact the development will have on neighbours.

The applicant has not proposed to alter the hours of operation of the church, which as proposed is from 10.00am to 10.00pm seven days per week. While the 10.00am start is not unreasonable there is no justification as to why the church (which is essentially a facility that is booked) needs to be operating until 10.00pm. In this regard it is recommended that a condition of consent confine the operating hours to 10.00am to 6.00pm.

(ii)Traffic Generation

As with the noise impact, traffic associated with the development is another significant concern for adjoining and nearby residents.

Comment: While the impact of traffic is partially linked to the use of the function centre and noise it is a separate issue in terms of the use of the church. Council’s Engineers have assessed the application based on the use of the premises and are satisfied that the traffic generated by the development is unlikely to have any adverse impact on the local road network.

(iii) Loss of Views

Concern has been raised that the proposed church, which has a ridge height of 8.5 metres, will have an adverse impact in terms of views of the Lake.

Comment: The LEC in the matter, Tenacity Consulting Pty Ltd v Warringah Council (10996 of 2003) established a planning principle in respect to assessing the impact of view loss with the following four-step assessment

 The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views are valued more highly than views without icons. Whole views are valued more highly than partial views, eg a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.

In this instance the view includes distant views of the rural environment including the land and water interface with Lake Wyangan. Based on the planning principle the view could be considered highly valuable.

 The second step is to consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic

The view obtained is across the front boundary. An inspection of the affected premises indicates that the view could be enjoyed from both a standing and seated position.

 The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views Ordinary Meeting of Council | 10 May 2016 30

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from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

The view loss would be from the main indoor and outdoor living areas. Notwithstanding the Court’s suggestion that assessing view loss quantitatively is sometimes meaningless, in this instance it provides a basis for assessment. Given the topography of the land the view loss of the water, including the land/water interface would be less than 5% and on this basis it could be considered the loss is negligible if anything at all.

 The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.

The proposed development complies with all the planning and it is considered that the design is sufficiently skilful so as not to result in significant view loss.

On the basis of the applied test, Council may conclude that while there is a loss of view, it is negligible.

(iv) Effect on Native Wildlife

Concerns have been expressed that the increase in noise and traffic may be to the detriment of local wildlife.

Comment: If the subject site were located on the southern side of Mallinson Road the issue raised in the submission would have greater credence given that these properties adjoin environmental protection zones. As it is the subject site is essentially a disturbed site and as such it is considered the impact on local wildlife as a consequence of the development is negligible.

(v) Security Risk

Concerns have been raised that a licensed venue located in an isolated rural and rural residential area may result in greater risks to personal and property security due to late night activities.

Comment: The issue raised is not an unreasonable concern and one not specifically addressed by the applicant in their Statement of Environmental Effects or more specifically by way of a Social Impact Assessment. The applicant however has in part addressed this matter by revising the application and removing the function centre component from the development.

(vi) Loss of Property Values

A number of objections cite that the proposed development will have negative impact on property values.

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The loss of property values is not a matter of consideration under the Environmental Planning and Assessment Act 1979.

(vii) Out of Character

Concern has been raised that the proposed development (both in terms of the use and the built form) are out of character and not compatible with the locality.

Comment: The LEC in the matter, Project Venture Developments v Pittwater Council NSWLEC 191 (11209 of 2004) established a planning principle in respect to assessing the compatibility. While this particular principle is based on compatibility in the urban environment it helps provide guidance to this development, both in terms of the built form and other physical impacts (eg noise).

Where compatibility between a building and its surroundings is desirable, its two major aspects are physical impact and visual impact. In order to test whether a proposal is compatible with its context, the LEC has held that the following two questions need to be addressed:

 Are the proposal’s physical impacts on surrounding development acceptable? The physical impacts include constraints on the development potential of surrounding sites.

 Is the proposal’s appearance in harmony with the buildings around it and the character of the street?

The Court has held that the physical impacts, such as noise can be assessed with relative objectivity. In this regard it has already been considered the function centre component of the development is, in the form originally submitted with the development application, incompatible with the character of the locality. The locality is characterised by a mix of agricultural farmland and rural residential. While general agricultural activities may result in noise and amenity issues not compatible with the rural residential character it is deemed acceptable as it is considered to be part of living in a rural environment. That the proposed function centre was to operate late into the evening, and that there are no measures proposed or could be conditioned to mitigate the impact, suggests that aspect of the development is incompatible with its surrounds. While there will be a degree of noise associated with the activities linked to the church (particularly traffic movement to and from the site) this is not considered to be incompatible with existing land uses.

When considering whether or not a new building appears to be in harmony with its surroundings, the Court accepts that this is more a subjective task but states that analysing the existing context and then testing the proposal against it can, however, reduce the degree of subjectivity.

The proposed church is considered to be visually compatible with the surrounds, when considering the materials used in construction, its setback from Mallinson Road, landscaping and even its height. There is no distinct architectural character that defines the locality and the architectural character merely reflects the style of the era in which the houses were built.

While the proposed development differs noticeably in height from the residential development it is not significantly higher than some of the farm sheds on adjoining land.

Council can be satisfied that the proposed place of public worship can be constructed and used so that it is capable of existing in harmony with the surrounding development despite obvious differences.

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(viii) Bushfire Protection

Concerns have been raised that no consideration has been given to bush fire protection by the applicant and that consultation with the NSW RFS has not been undertaken.

Comment: The submission is correct in that the bushfire has not been addressed by the applicant. While this is a flaw in the applicant’s submission it is not fatal to the application and it does not abrogate Council’s responsibilities in terms of the Environmental Planning and Assessment Act, 1979. Council has consulted the NSW RFS who advise that the proposed development does not fall within the category of a Special Fire Protection Purpose (SFPP) and as such no formal referral is required. The NSW RFS also advised that Council would need to consider the provisions of section 79BA and the publication Planning for Bushfire Protection and consider the building as if it were a SFPP, which Council has duly undertaken in the assessment (refer the previous heading “Suitability of the Site”).

(ix) Notification Process

Concerns were raised regarding the notification process and the time period in which adjoining land owners were given to respond.

Comment: Council notified the development in accordance with the provisions of DCP No. 25: Public Notification of Development Applications. As a minimum, DCP No. 25 required Council to include notification published in The Area News and that the notification period is for a minimum of 14 days. Given the nature of the development Council considered that notification of adjoining and nearby property owners was also required. It should be noted that Council accepted late submissions in respect to this application which have been taken into consideration.

SECTION 79C (1) (e) the public interest

The public interest is best served by the consistent application of the requirements of the relevant Environmental Planning Instruments, and by Council ensuring that any adverse effects on the surrounding area and the environment are mitigated. The proposed development application has been considered in relation to relevant Environmental Planning Instruments, and deemed to be acceptable

Council has taken into consideration the submissions received under the previous heading and deems that these form part of the overarching public interest matters.

On the basis that the proposed development, as revised, is considered to be consistent with the aims and objectives of Griffith Land Use Strategy: Beyond 2030; Griffith Local Environmental Plan 2014 and other relevant environmental planning instruments, development control plans or policies; and Land and Environment Court Planning Principles, it is therefore unlikely to raise any issues that are contrary to the public interest.

OPTIONS

OPTION 1 (Recommendation):

(a) That pursuant to the provisions of Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979 Council grant consent to Development Application No. 12/2016 for a multi-denominational place of public worship at Lot 679 DP 39618, 114 Mallinson Road, Lake Wyangan subject to conditions set out in Attachment “A” of this report.

(b) That the application be delegated to the Director of Sustainable Development for preparation and issue of the notice of determination.

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CL01 DA 12/2016 - Proposed Multi-Denominational Place of Public Worship

OPTION 2:

(a) That pursuant to the provisions of Section 80(1)(b) of the Environmental Planning and Assessment Act, 1979 Development Application No. 64/2015 No. 12/2016 for a multi- denominational place of public worship at Lot 679 DP 39618, 114 Mallinson Road, Lake Wyangan be refused for reasons determined by Council.

(b) That the application be delegated to the Director of Sustainable Development for preparation and issue of the notice of determination.

OPTION 3:

(a) Any other resolution of Council, such as amended conditions of consent.

POLICY IMPLICATIONS

These are discussed in the body of the report.

FINANCIAL IMPLICATIONS

There are no financial implications to Council.

LEGAL/STATUTORY IMPLICATIONS

The applicant if dissatisfied with the determination of the development application may lodge an appeal to the NSW Land and Environment Court.

ENVIRONMENTAL IMPLICATIONS

Environmental implications and their mitigation measures have been discussed in this report.

COMMUNITY IMPLICATIONS

The report summarises impacts of the development on adjoining and nearby occupants and the concerns raised by the objectors. While the neighbours represent a small portion of the community the issues raised were not unfounded and as a consequence were taken into consideration as part of the assessment process.

LINK TO STRATEGIC PLAN

These items link to Council’s Strategic Plan item:

C1- Provide clear and transparent communication to the local community on matters in which it is concerned.

E6 - To minimise the environmental, social and financial costs of new development.

E8 - To improve sustainable land use.

CONSULTATION

Senior Management Team, Director Sustainable Development

ATTACHMENTS

(a) Council Report DA 12/2016 - ATTACHMENT A - Recommended Conditions of Consent (under separate cover)

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CL01 DA 12/2016 - Proposed Multi-Denominational Place of Public Worship

(b) Council Report DA 12/2016 - ATTACHMENT B - Revised Plans for Approval (under separate cover)

(c) Council Report DA 12/2016 - ATTACHMENT C - Floor Plans and Statement of Environmental Effects (under separate cover)

(d) Council Report DA 12/2016 - ATTACMENT D - Objections (under separate cover)

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Griffith City Council REPORT

CLAUSE CL02

TITLE Collina Growth Area - Site Specific Development Control Plan

FROM Kelly McNicol, Coordinator Landuse Planning and Compliance

TRIM REF 16/26662

SUMMARY

The Collina Growth Area (CGA; refer to Figure 1), which is zoned R1 – General Residential in GLEP2014 and previously master planned in 2003, is expected to be developed in the near future (pending the commitment of landowners and developers). To ensure the lands are developed in a logical and cost-effective manner, the preparation of a Staging Plan and Development Control Plan is required under Clause 6.3 of the Griffith Local Environmental Plan 2014 (LEP). At the Ordinary Meeting of Council held on 8 December 2015, Council adopted the Staging Plan and directed staff to insert it into a Site Specific Development Control Plan for the area as required in Clause 6.3(3) of the LEP.

The CGA Development Control Plan has now been drafted and can be publicly exhibited in accordance with Clause 18 of the Environmental Planning and Assessment Regulations 2000.

RECOMMENDATION

(a) Council pursuant to Clause 18 of the Environmental Planning and Assessment Regulations 2000 place the Draft Collina Growth Area Development Control Plan on public exhibition for a period of 28 days.

(b) A report shall be presented to Council upon completion of the public exhibition detailing the particulars of any submission and any proposed amendments to the Plan.

REPORT

Background

The Collina Growth Area (CGA), as identified in Figure 1, contains the following properties:

 Lot 1 DP 827055  Lot 593 DP 751743  Lot 592 DP 751743  Lot 591 DP 751743  Lot 590 DP 751743  Lot 589 DP 751743  Lot 695 DP 43610  Lot 694 DP 43610

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CL02 Collina Growth Area - Site Specific Development Control Plan

Figure 1 – Collina CGA

The CGA is now zoned R1- General Residential in GLEP2014 and at the Ordinary Meeting of Council held on 8 December 2015 a Staging Plan for the development of the CGA was adopted by Council. The Staging Plan has been included within the CGA Development Control Plan (DCP) (refer to Attachment ‘A’). The CGA includes the potential for approximately 800 dwellings to be developed comprising approximately 450 in stage 1 and 350 in stage 2.

The purpose of the CGA DCP is to guide the development of the growth area and meet the requirements of Part 6 of the Griffith LEP 2014. Council staff have, over the past 18 months, been in contact with the landowners of the CGA and developers interested in pursuing subdivisions in the area. To ensure the timely assessment of development applications in the CGA, this DCP has been drafted prior to the submission of any substantiated subdivision proposals to Council for the area.

Overview of the Development Control Plan

The DCP has been laid out to fulfil the Clauses of Part 6 of the Griffith LEP 2014 and to logically flow from Subdivision Controls to Housing Controls. The legislation only permits one DCP to be applicable to a subject site; therefore the CGA DCP has been drafted to include all of the necessary controls to oversee the logical and efficient development of the area, including:

 Subdivision design controls;

 Single dwelling siting and design controls;

 Multiple dwelling siting and design controls; Ordinary Meeting of Council | 10 May 2016 37

CL02 Collina Growth Area - Site Specific Development Control Plan

 Outbuildings, garages and carport siting and design controls;

 Commercial development controls; and

 Notification requirements.

The layout and design of the CGA has been replicated from the Collina Master Plan prepared for Council by GHD in 2003. The developed Collina area south-east of Clifton Blvd has been developed largely in accordance with the Collina Master Plan which will be continued throughout the CGA. The design is loosely based on the design principles of Walter Burley Griffin’s original design for Griffith including curved roads, roundabouts and centralised park facilities.

The development controls have been developed based on best practices and an update of the following existing Development Control Plans:

 No. 21 – Residential Development

 No. 20 – Off-Street Parking (2011)

 No. 25 – Public Notification of Development Applications

Design Controls Amendments

Setbacks

DCP No. 21 presently requires a 6 metre front yard setback. This essentially creates large areas of open space at the road frontage which are not effectively utilised by residents and has the result of minimising the private open spaces at the rear of the dwellings. To increase the amount of private open space for dwellings in the CGA a front setback of 4.5 metres has been proposed along with a “building articulation zone” of 1.5 metres (refer to Figure 2).

Figure 2 – Building Articulation Zone

The building articulation zone will allow the encroachment of the 4.5 metre setback for porticos, picture windows, awnings and other design features to increase the visual interest of the streetscape. However, garages will be required to be setback 5.5 metres to ensure

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CL02 Collina Growth Area - Site Specific Development Control Plan there is an adequate area in front of the garage to park vehicles and to ensure garage structures do not dominant the street frontage.

A reduced front setback of 3.5 metres and secondary setbacks of 2.5 metres for corner allotments will also be permitted. Generally, dwellings on corner allotments have more road reserve which reduces the amount of private open space at the rear of the dwelling. Through permitting reduced setbacks at the street frontage, more land will be available at the rear of the site. Further, the drafted controls require dwellings on corner allotments to be designed to address both street frontages. This will eliminate the presence of colourbond fences on the road frontages of corner blocks which dulls the appearance of the streetscape and limits surveillance opportunities and “eyes on the streets”.

Medium Density Allotments

A total of 15% of the CGA shall be permitted to be developed at medium densities permitting more than 1 dwelling per allotment based on the area of the lot. Developers will be required to design the subdivisions to locate medium density allotments close to pedestrian linkages and public open spaces and be of a size and shape which lends itself to development at higher densities.

Street Trees

The character of a neighbourhood often relies on the interaction of dwellings and elements within the road reserve including street trees. A landscape strategy will be required for all subdivision applications which adheres to the “Recommended Landscaping Species” in Appendix 2 of the DCP. Developers will be required to liaise with Council staff in the selection of tree species to be planted within the road reserve, and removal and replacement of street trees in the future as part of development of the lots for dwellings will be at the sole discretion of Council.

Fencing

More detailed fencing controls have been drafted to decrease the amount of colourbond fences located on street frontages and to limit the amount of 1.8 metre high front security fences. The built form of a neighbourhood has a lot to do with how residents interact with each other. The prevalence of high front security fences within a neighbourhood has the effect of limiting social interaction between neighbours. Front security fences also limit surveillance opportunities as the street is not visible from the windows of living areas of dwellings. Although front security fences may give residents the perception of greater safety from intruders, a decrease in the safety of the neighbourhood is potentially created due to limited surveillance opportunities.

Notification of Development Applications

The notification section of the DCP has provided a detailed table which identifies in which circumstances and how development applications in the CGA are to be notified. The DCP also allows for Section 96 modifications to be notified to residents who could potentially be impacted by an amended design even though they did not object to the original application. For instance, should an applicant amend the design of a dwelling to include a first floor balcony facing a neighbouring dwelling, Council would notify the owner of the neighbouring land potentially impacted.

Conclusion

The CGA DCP has been drafted to ensure the neo-Collina area is developed in a logical and efficient manner with controls that are not too prescriptive. Although some elements of the built form have been avoided including garages which dominate the street frontage,

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CL02 Collina Growth Area - Site Specific Development Control Plan colourbond fences at the street frontage and obtrusive outbuildings, more relaxed setbacks and building articulation allowances will increase the visual interest of the neighbourhood. The design of the CGA will predominantly accord with the Collina Masterplan; however, developers will have the freedom to make amendments to more efficiently develop each farm without impacting on the overall design principles of the CGA.

OPTIONS

OPTION 1

a) Council pursuant to Clause 18 of the Environmental Planning and Assessment Regulations place the Collina Growth Area Development Control Plan on public exhibition for a period of 28 days.

b) A report shall be presented to Council upon completion of the public exhibition detailing the particulars of any submission and the proposed amendments to the Plan.

OPTION 2

Any other resolution of Council

POLICY IMPLICATIONS

The DCP is an essential next step in subdivision of the vacant land at Collina.

FINANCIAL IMPLICATIONS

There are no immediate financial implications to Council in adopting the DCP.

LEGAL/STATUTORY IMPLICATIONS

The Collina Growth Area Development Control Plan will become the only DCP to apply to the CGA and a requirement of the LEP.

ENVIRONMENTAL IMPLICATIONS

These will be addressed during assessment of subdivision applications.

COMMUNITY IMPLICATIONS

A contemporary DCP will help satisfy the community interest in creation of new residential areas as well as provide some flexibility to developers.

LINK TO STRATEGIC PLAN

This item links to Council’s Strategic Plan item C5 - To provide a governance role in the continuous development of the City of Griffith.

CONSULTATION

Senior Management Team, Landowners,

ATTACHMENTS

(a) Collina Growth Area Development Control Plan 42

(b) Colina Growth Area Development Control Plan - Appendix 1 - Plans 74

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CL02 Collina Growth Area - Site Specific Development Control Plan

(c) Collina Growth Area Development Control Plan - Appendix 2 - Landscaping 82

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CL02 Attachment (a) Collina Growth Area Development Control Plan Collina Growth Area Development Control Plan

Prepared by Griffith City Council

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CL02 Attachment (a) Collina Growth Area Development Control Plan

Table of Contents 1.0 INTRODUCTION 1.1 Name of this Plan ...... 4 1.2 Commencement of Development Control Plan ...... 4 1.3 Aims of the Development Control Plan ...... 4 1.4 Land to which this Plan applies ...... 4 1.5 Local Environmental Plan Applying to the Land ...... 5 1.6 Relationship to Other DCP’s and Policies ...... 5 2.0 SUBDIVISION DEVELOPMENT CONTROLS 2.1 Staging Plan ...... 6 2.2 Transport Movement Hierarchy ...... 6 2.3 Landscape Strategy...... 7 2.4 Network of Active and Passive Recreation ...... 7 2.5 Stormwater and Water Quality Management Controls ...... 8 2.6 Density Provisions and Identification of Medium Density Lots ...... 8 2.7 Lot Size, layout and Dimensions ...... 9 2.8 Neighbourhood Commercial and Retail Uses ...... 9 3.0 RESIDENTIAL DEVELOPMENT CONTROLS 3.1 Character Statement ...... 10 3.2 Dwellings ...... 10 3.2.1 Siting of Dwellings ...... 10 3.2.2 Setbacks ...... 12 3.2.2.1 Front Setbacks ...... 12 3.2.2.2 Building Articulation Zone ...... 12 3.2.2.3 Side Setbacks ...... 13 3.2.2.4 Rear Setbacks ...... 13 3.2.3 Streetscape ...... 13 3.2.4 Building Design ...... 13 3.2.4.1 External Appearance ...... 13 3.2.4.2 Sustainable Building Design ...... 13 3.2.5 Height ...... 14 3.2.6 Solar Access and Energy Efficiency ...... 14 3.2.7 Visual and Acoustic Privacy...... 15 3.2.8 Private Open Space ...... 15 3.2.9 Landscaped Area Controls ...... 16 3.2.10 Vehicle Access and Parking ...... 16

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CL02 Attachment (a) Collina Growth Area Development Control Plan

3.2.11 Site Facilities ...... 17 3.2.12 Fencing ...... 17 3.2.13 Outbuildings, Garages and Carports ...... 18 3.3 Medium Density Development ...... 18 3.3.1 Density and Site Area ...... 18 3.3.2 Siting of Medium Density Development ...... 19 3.3.3 Streetscape Controls ...... 19 3.3.4 Private Open Space Areas ...... 20 3.3.4 Landscape Area Controls ...... 20 3.3.5 Vehicle Access and Parking ...... 20 4.0 NOTIFICATION OF DEVELOPMENT APPLICATIONS 4.1 Prelininary ...... 22 4.1.1 Application of this Section ...... 22 4.1.2 Aims & Objectives ...... 22 4.1.3 Statutory Notification Requirements ...... 22 4.2 Notified Development ...... 23 4.2.1 Are all development applications to be publicly notified? ...... 23 4.2.2 Types of Notification ...... 23 4.3.3 Advertising fees ...... 24 4.2.7 Viewing & lodging submissions ...... 24 3.2.8 Petitions ...... 26 3.2.9 Extensions to public notification period ...... 26 3.2.10 Notification to adjoining Local Government Areas ...... 26 4.3 Types of Notification ...... 26 4.3.1 Written Notification ...... 26 4.3.2 Weekly Notification ...... 27 4.3.4 Published notification...... 28 4.4 What Developments will not be Notified...... 29 4.5 What Developments will not be Notified...... 29 4.5.1 Potential Negative Impact ...... 29 4.5.2 Specified Development ...... 30 4.6 Notification of Amended Plans ...... 32 4.7 Notification of Section 96 Modificaitons ...... 32 4.8 Notification of Section 82A Applications...... 32

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CL02 Attachment (a) Collina Growth Area Development Control Plan

1.0 Introduction 1.1 Name of this Plan

This Development Control Plan shall be cited as “Collina Growth Area Development Control Plan.” 1.2 Commencement of Development Control Plan

In pursuance of Council’s resolution of [insert date], this Development Control Plan shall be in force from [insert date 30 days after Council Resolution]. 1.3 Aims of the Development Control Plan

The aims of this plan are:

a. To provide appropriate development control principles for the development of the Collina Growth Area; b. To ensure that the Collina Growth Area is developed and subdivided generally in accordance with the Collina Master Plan (GHD, 2003); c. To ensure that the Collina Growth Area is adequately provided with water, sewerage and stormwater drainage services; d. To ensure that development on land in the Collina Growth Area occurs in a logical and cost-effective manner, in accordance with a Staging Plan; e. To guide the development of residential uses within the Collina Growth Area by providing site planning and design controls for housing; and f. To meet the requirements of Part 6 – Urban Release Areas of the Griffith Local Environmental Plan 2014. 1.4 Land to which this Plan applies

This plan applies to the following land:

 Lot 1 DP 827055  Lot 593 DP 751743  Lot 592 DP 751743  Lot 591 DP 751743  Lot 590 DP 751743  Lot 589 DP 751743  Lot 695 DP 43610  Lot 694 DP 43610 1.5 Local Environmental Plan Applying to the Land

The Griffith Local Environmental Plan 2014, as amended applies to the land the subject of this plan. 1.6 Relationship to Other DCP’s and Policies

This DCP should be read in conjunction with:  NSW Environmental Planning and Assessment Act 1979  Griffith Local Environmental Plan 2014  Council’s Engineering Guidelines: Subdivision and Development Standards  Griffith City Council Developer Servicing Plan – Stormwater Developer Servicing Plan – Collina (Adopted 27 July 2004)  Griffith City Council Sewerage Development Servicing Plan No.1 Ordinary Meeting of Council | 10 May 2016 45

CL02 Attachment (a) Collina Growth Area Development Control Plan

 Griffith City Council Water Supply Servicing Plan No. 1  Griffith City Council Pedestrian Access and Mobility Plan  Griffith City Council Playground Strategy  Griffith City Council Section 94A Development Contribution Plan  Griffith Floodplain Risk Management Study and Plan (November 2011)’  Griffith City Council Tree Policy

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CL02 Attachment (a) Collina Growth Area Development Control Plan

2.0 Subdivision Development Controls

Development consent shall not be issued for any development (including subdivision) on any land within the Collina Growth Area (CGA) until a Development Application has addressed all of the necessary requirements of this section. 2.1 Staging Plan

a. Staging of the CGA shall be in accordance with the CGA Staging Plan (Refer to Appendix 1 – Staging Plan) b. The staging of the CGA should provide for the logical development of the area based on cost effective provision and availability of infrastructure and servicing arrangements. c. Development Applications for the residential subdivision of the CGA shall: I. Consider infrastructure provision and sequencing; II. Provide evidence of satisfactory arrangements for essential services, including water and sewerage servicing. The provision of sewerage servicing shall be generally in accordance with the CGA Trunk Sewer Main Concept Plan and CGA Water Main Concept Plan. The release of allotments will be dependent on the satisfactory provision of reticulated water and sewerage services; and III. Incorporate road networks, stormwater detention areas, active and passive recreation areas consistent with the overall staging and intended development outcomes for the CGA. d. As a general rule, the release of Stage 2 of the CGA should only occur when 80% of the lots in Stage 1 have been developed. However, Council at its discretion may release additional lands in Stage 2 by amending the Staging Plan. 2.2 Transport Movement Hierarchy

a. The overall movement hierarchy for the CGA shall be generally in accordance with the CGA Road and Path Plan (Refer to Appendix 1 – Road and Path Plan). However, the installation of alleys identified on the CGA Road and Path are presently not supported due to Crime Prevention Through Environmental Design (CPTED) principles and shall be excluded from design plan submitted for subdivision in the CGA. b. The overall pedestrian and cycleway links should be consistent with the CGA Footpath Plan; c. The following road network upgrades will be required within the CGA: I. Clifton Boulevard shall be upgraded to a four lane two way road with a centre median; II. The intersection of Clifton Boulevard and Rifle Range Road is required to be upgraded to cater for the increased traffic that will utilise the intersection; III. Citrus Road shall be upgraded to a two lane two way road, as per the requirements of a Local Distributor in Council’s Engineering Guidelines – Subdivision & Development Standards; IV. The intersection of Citrus Road and Rifle Range Road is required to be upgraded to cater for the increased traffic that will utilise the intersection; V. Rifle Range Road shall be upgraded to a two lane two way road, as per the requirements of a Local Distributor in Council’s Engineering Guidelines – Subdivision & Development Standards. As a minimum Rifle Range Road should be reconstructed between Clifton Boulevard and Rankins Springs Road;

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CL02 Attachment (a) Collina Growth Area Development Control Plan

VI. The intersection of Rifle Range Road and Rankins Springs Road is required to be upgraded to cater for the increased traffic that will utilise the intersection; and VII. All four-way intersections are to incorporate a roundabout. This is consistent with the existing Collina Farms.

d. Development Applications for the residential subdivision of the CGA shall: I. Include an overall transport movement hierarching showing major circulation routes and connections to achieve simple and safe movement systems for private vehicles, public transport, pedestrans and cyclists; and II. Include cross sections of each type of road proposed in the hierarchy. 2.3 Landscape Strategy

a. Landscaping shall be required on land adjacent to major intersections and all collector roads so as to soften the visual impact of all built elements and creating attractive streetscapes including along Clifton Boulevard and Citrus Road when viewed by passing traffic and pedestrians. b. Street Trees shall be planted within the road reserves of the CGA in accordance with the following principles: I. Street trees should provide shade and enhance the visual quality of the streetscape; II. Existing street trees must be protected during construction; III. Street trees should be space at regular intervals to enhance the streetscape appearance in the locality; IV. Street trees should not interfere with underground and overhead utilities; and V. Street trees planted around hard surfaces should be provided with appropriate grates to protect the roots and best facilitate water infiltration. VI. Street trees are to be planted in accordance with Council’s Tree Policy. c. Development Applications for the residential subdivision of the CGA shall include a landscape plan which includes street trees and shrub species selected in conjunction with Council staff from the “Recommended Landscaping Species” in Appendix 2. 2.4 Network of Active and Passive Recreation

a. Areas of passive and active recreation shall be provided generally in accordance with the CGA Open Space Plan (Refer to Appendix 1 – Open Space Plan). b. Useable open space areas, shall be generally not less than 4000m² per open space and shall be provided within each subdivision within 400m safe walking distance of each lot. c. Development applications for the residential development of the CGA are to include a preliminary design of open spaces in accordance with following principles: I. Pedestrian, cycle linkages shall be provided to other destinations;

II. Park furniture, shaded areas and resting place shall be provided to promote pedestrian comfort;

III. Safe pedestrian crossing points shall be provided where routes intersect the road network;

IV. Easily identifiable access points shall be provided;

V. Frontage to abutting roads provided to optimise pedestrian access and visibility; and

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CL02 Attachment (a) Collina Growth Area Development Control Plan

2.5 Stormwater and Water Quality Management Controls

a. Stormwater detention and management for the CGA shall be generally in accordance with the CGA Trunk Stormwater Concept Design Plan (Refer to Appendix 1 – Trunk Stormwater Concept). b. Stormwater and water quality management controls in the CGA shall be consistent with the principles of Water Sensitive Urban Design [WSUD] c. Development applications for the residential development of the CGA shall include a preliminary Stormwater Management Plan which: I. Is designed in accordance with Councils Engineering Guidelines: Subdivision and Development Standards and the CGA Trunk Stormwater Concept Design Plan; II. Addresses the Griffith City Council Developer Servicing Plan – Stormwater Developer Servicing Plan – Collina (adopted 27 July 2004); and III. Identifies long-term maintenance requirements in the design of the proposed WSUD elements.

2.6 Density Provisions and Identification of Medium Density Lots

a. Medium density lots permitting the development of more than one dwelling shall be strategically located in close proximity to arterial roads and the public transportation network and public open spaces b. A maximum of 15% of the lots within the CGA shall be utilised for medium density lots. c. The maximum site density of medium density lots shall not exceed 82 persons per hectare based on the following occupancy rates of dwellings: i. Large unit (>110m2) or 3 bedrooms 2.87 persons. ii. Medium unit (75m2 – 110m2) or 2 bedrooms 1.94 persons. iii. Small unit (<75m2) or 1 bedroom 1.3 persons. d. Development applications for the residential development (subdivision) of the CGA shall identify proposed locations of medium density allotments. Medium density lots shall be designed to be of an appropriate size and shape for multiple dwelling developments. e. A Restriction as to User pursuant to Section 88B of the Conveyancing Act shall be placed on all lots within the CGA stating that only one dwelling shall be constructed with the exception of lots designated as medium density lots. 2.7 Lot Size, layout and Dimensions a. The lot layout of the CGA shall generally be in accordance with the CGA Lot Layout Plan (Refer to Appendix 1 – Lot Layout Plan).

b. The minimum lot sizes of the CGA are set by the Griffith Local Environmental Plan 2014. The minimum lot is 700m2. c. Development applications for the residential development of the CGA shall include a lot layout plan which complies with the following controls: i. Allotments should be of sufficient size and shape to enable efficient siting of a dwelling and provision for outbuildings, acceptable private outdoor space, vehicle access and parking; ii. Higher densities, where provided, should be located in areas closer to commercial areas, parks, community facilities and public transport routes; iii. Allotments should be orientated and configured to maximise opportunities for solar access;

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CL02 Attachment (a) Collina Growth Area Development Control Plan

iv. Corner allotments should be designed to enable the construction of a dwelling that can comply with the prevailing setback requirements along both street frontages; and v. The subdivision design should avoid the creation of battle-axe or highly irregular shaped allotments. 2.8 Neighbourhood Commercial and Retail Uses

a. The Griffith Local Environmental Plan 2014 permits a limited amount of commercial and retail uses within the R1 – General Residential zone. b. Neighbourhood Commercial and Retail uses within the CGA shall provide for the day to day needs of residents in the locality. c. Council will support and encourage the location of neighbourhood shops, restaurants and cafes and business premises within the CGA located in accessible locations in proximity to Clifton Boulevard.

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CL02 Attachment (a) Collina Growth Area Development Control Plan

3.0 Residential Development Controls

The following sections details the development controls for residential development in the Collina Growth Area (CGA).

3.1 Character Statement

Collina precinct is located on the north eastern extremity of Griffith’s residential area, between the Scenic Hill escarpment to the west and orchards to the east, being a recent 90s subdivision extending Collina. The planning layout attempts to emulate the original Burley Griffin design for Griffith. The backdrop view up to Scenic Hill escarpment, with large rocks, remnant Eucalyptus, White Cyprus pine trees and grasses, is particularly dramatic in Collina.

The streets are mostly wide being 13m or 10m with some narrower at 7.5m. Verges are however narrow at 4m, except Clifton Boulevard which is 6m, and setbacks are from 6m to 8m. Only some of the verges have young street trees, that appear disunified, probably planted by residents. The precinct contains mostly low density single story detached dwelling but about 12% of the area contains dual-occupancies and multi-unit developments. The dwellings are mostly single story but many are two stories on the side of Scenic Hill. An eclectic mixture of modern project home styles occurs throughout, including Mediterranean, and dwellings on the side of Scenic Hill are noticeably tailor designed. Dwelling materials have face brick walls however some use brick or hardi-panel, rendered and painted. Roofs are mostly tiles with a few being colorbond. There is no front fencing except for high brick or brick and picket screening fences in front of units. Vehicles are accommodated almost totally in front roller-door or panel-door garages.

3.2 Dwellings

This subsection applies to new dwellings or alterations and additions to existing dwellings in the CGA. Single detached dwellings represent the dominant housing variety in Collina. Dwellings should be sited and designed to meet the objectives of this section and the precinct character statement

3.2.1 Siting of Dwellings

An integral component of the planning stage for the construction of a dwelling is the preparation of a Site Analysis Plan which identifies the constraints and opportunities of the site, the immediate locality and the wider environment. The Environmental Planning and Assessment Act 1979 requires that every development application include a Site Analysis Plan which in general includes:

The Site The Surrounds

o Site Dimensions o Neighbouring Buildings .Length .Location .Width .Height o Topography .Use .Spot levels and or contours if the site o Privacy contains a slope . Adjoining private open spaces .North point . Living room windows overlooking site .Natural drainage flow (particularly within 9 metres) o Services . Location of any facing doors or .Location of Council’s water, sewer and windows

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CL02 Attachment (a) Collina Growth Area Development Control Plan

drainage infrastructure and any o Walls built to the site’s boundary easements on the site. . Location .Location of connections to Council’s . Height services (including water, sewer and . Materials stormwater drainage) and the o Views and solar access enjoyed by connections of other utility providers neighbouring properties (telecommunication, gas, electricity and o Major trees on adjacent properties raw water) o Street frontage features o Existing Vegetation . Poles .Location . Trees .Height . Kerb crossovers .Spread of established trees . Potable water hydrants and / or stope .Species valves o Location of: . Bus stops .Buildings and other structures . Kerb inlet stormwater pits .Fences . Sewer manholes .Property boundaries . Other services .Pedestrian and vehicle access o Overshadowing by neighbouring structures. o Views to and from the site

Figure 1: Example of a Site Analysis Plan

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3.2.2 Setbacks

Locating dwellings within a certain building envelope on a site via the use of setbacks is a method of enhancing the streetscape, improving visual amenity and protecting the privacy of and sunlight to adjacent dwellings.

3.2.2.1 Front Setbacks a. The minimum front setback is generally 4.5 metres. b. Corner Lots i. The minimum primary street frontage setback is 3.5 metres ii. The minimum secondary street frontage setback is 2.5 metres

3.2.2.2 Building Articulation Zone

A Building Articulation Zone is an area of a lot in front of the building line setback, within which building elements which add articulation to the development are permitted.

Figure 2: Building Articulation Zone

a. The building articulation zone for the primary street frontage shall be 1.5 metres and 0.75 metres for secondary street frontage; b. The building element shall be external to the primary liveable floor area of the dwelling and not include garages or carports; c. Articulation elements shall be a maximum of 25% of the area of the articulation zone; and d. Articulation elements are permitted to start behind the required building lines.

3.2.2.3 Side Setbacks

a. Single storey: the minimum setback is 0.9 metres with the eaves (overhang) setback a minimum of 450mm; and

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b. Two storey dwellings: the minimum setback of the upper storey is 1.5 metres with the eaves (overhang) setback a minimum of 900mm.

3.2.2.4 Rear Setbacks

A minimum rear setback of 900 mm is required; however a greater setback may be required as adequate privacy and solar access of adjoining lots must be achieved as well as the minimum requirements for private open space and landscaping. 3.2.3 Streetscape

Streetscapes encompass buildings, street and landscape design and includes all adjacent buildings, landscaping and fencing, traffic treatments, paths, driveways and street surfaces.

Objective: To create streetscapes which are visually appealing and avoid building elements which lack articulation.

a. Dwellings on corner blocks must be designed to address both street frontages. b. Garages shall not dominant the street frontage. Garages shall be sited behind the primary building elevation and shall not exceed 50% of the buildings front elevation. c. Landscaping should be used to enhance the appearance of the development and the surrounding area including the road reserve. d. Driveways shall be located to preserve significant street trees.

3.2.4 Building Design

Objective: To promote housing design that is consistent with and enhances the character and amenity of the area and has regard for the topography and existing adjoining land uses.

3.2.4.1 External Appearance

a. Development should respect the dominant better design themes of the precinct. b. The building design, roof form, details and material should be appropriately scaled to enable differentiation and visual interest between the dwellings when viewed from public streets. c. Front walls of any dwelling visible from the street shall not exceed 5 metres in length without a physical change. The side walls in any one dwelling visible from the street or public place shall not exceed 10 metres in length without a physical change d. Materials shall be selected to provide consistency within the locality. e. Windows and doors in facades facing the street shall be provided in a balanced manner and respond to the orientation and internal uses.

3.2.4.2 Sustainable Building Design

a. Development Applications for new housing proposals and specified alterations and additions must be accompanied by a BASIX Certificate, issued by the NSW Government. b. The design of new dwellings should adopt the following principles which promote sustainable building practices:  Plan the site so that new development is oriented to optimise northern aspect where possible;  Optimise the daylight access to habitable rooms and private open space;  Supplement daylight access through the use of skylights where possible;  Locate living spaces to the north or east where possible;

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 Use shading devices such as eaves, awnings, colonnades, balconies, pergolas, external louvres and planting; and  Facilitate natural cross ventilation by minimising interruptions in air flow through dwellings and grouping rooms with similar usage together (e.g. keep living spaces together and sleeping spaces together). Limit the use of mechanical ventilation.

3.2.5 Height

Objective: To control the height of buildings in order to maintain a consistent residential character and maximise privacy, solar access and views.

a. The maximum height of new dwellings should not exceed 9.0 metres above the natural ground level measured to the ridge of the roof. b. The height of a dwelling should suit the streetscape, maintain view corridors and not unreasonably restrict sunlight to adjacent properties. c. Development plans submitted for two storey dwellings shall show Reduced Levels (RL) taken from a fixed datum point (AHD) for the maximum ridge height and natural ground levels.

3.2.6 Solar Access and Energy Efficiency

The solar access of a dwelling refers to its potential to receive adequate sunlight to living and recreation areas.

Objective: To provide reasonable access for sunlight to living areas within buildings and to open space around buildings, and to reduce energy consumption.

a. Solar access shall be available between the hours of 9am and 5pm for a minimum duration of 3 hours to any living area on the 22nd June for each respective dwelling.

b. Where possible, buildings should be oriented on a north-south, east-west axis to maximise solar access to living areas. c. Windows should be located and shaded so as to reduce summer heat load and to permit entry of winter sunlight. d. Outdoor clothes drying areas with access to sunlight and breezes should be provided. e. Shadow diagrams shall be provided by the applicant for two storey buildings and where there is a reasonable likelihood of the development causing overshadowing impacts on adjoining property. The shadow diagram shall include the following;  North point (true solar north);  Scale (show ratio and bar scale);  Position of existing and proposed buildings and private open space on the site;  Position of existing buildings and private open space on adjoining land; and  Shadows cast of existing and proposed buildings at the winter solstice (22 June) for 9.00 am, 12 noon and 3.00 pm.

3.2.7 Visual and Acoustic Privacy

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Objective: To ensure the visual and acoustic privacy for residents and neighbours in their dwellings and private open spaces and to provide personal and property security for residents and visitors and enhance perceptions of community safety.

a. New dwellings should comply with the following requirements: I. Dwellings or additions should be designed so that windows, balconies and decks are not situated directly opposite windows of primary (living, kitchen, dining) rooms of any adjoining dwellings, unless privacy issues can be addressed; II. Habitable room windows of adjacent dwellings within a distance of 9 metres;  should be offset by a suitable distance to limit views between windows; or  should have sill heights of 1.7 metres above floor level, or should have fixed translucent glazing in any part of the window within 1.7 metres of the floor level, or  Should use other means to obscure the view between windows; and III. Noise generating areas of development (e.g. air conditioning plant, swimming pool areas and the like) should be adequately screened or located away from the bedroom areas of neighbouring properties to minimise their impact.

3.2.8 Private Open Space

Objective: To provide private open space which meets user requirements for outdoor activities and use and to provide private open space areas that relates well to the living areas of dwellings.

a. Private open space shall incorporate an envelope of 4 metres x 4 metres which is directly accessible from a communal living area. 50% of this envelope should receive direct sunlight for three hours between 9am and 5pm on 22nd June. b. The primary private open space area / envelope should generally be provided in locations where boundary setbacks are 4 metres or greater. c. Private open space shall not include driveways, turning areas, car spaces, narrow elongated curtilage areas and service areas. Screening shall be provided to ensure privacy to users of the open space.

3.2.9 Landscaped Area Controls

Landscaped area means all areas on a development site of a permeable nature (e.g. grassed and vegetated areas etc), and permeable surfaces including decorative pathways, decks and patio areas.

Objective: To provide an attractive landscape which reinforces the function of a street and enhances the appearance, amenity and energy efficiency of urban housing through integrated landscape design.

a. Single dwelling proposals are not required to submit a Landscape Plan, however a minimum of 40% of the total site area should be comprised of landscaped area. I. Development plans submitted to Council for approval must include calculations demonstrating compliance with this control. b. Landscaping species shall generally be provided in accordance with Appendix 2. c. Landscaping shall include a suitable proportion of trees, other than palms, capable of reaching a mature height of 6 metres or more in order to; I. reduce the visual impact of buildings; II. shade their western elevations from the hot afternoon summer sun;

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III. promote privacy between sites; and IV. promote shade for car parking areas, outdoor recreation areas and children’s play areas. d. Planting Requirements for New Dwellings I. Establish plant species that are appropriate for the climate, soil, aspect and drainage of the locality; II. Incorporate drought-resistant and native plant species wherever possible or appropriate; III. Landscaping should include a mixture of trees, shrubs and ground cover, establishing a microclimate; IV. Vegetation should be planted with consideration given to the mature dimensions of plant species; V. Ensure trees do not and will not in the future interfere with underground and overhead utilities; and VI. Landscaped area should establish adequate drainage, including the retention of stormwater on site and prevention of discharge runoff onto adjoining properties

3.2.10 Vehicle Access and Parking

Objective: To ensure that vehicular access to and through the development is safe, and maintains the amenity of adjoining properties and dwellings within the development. To provide sufficient and convenient parking for residents and visitors so as to maintain the amenity of the site and adjoining properties.

a. Each dwelling shall have an exclusive entitlement to at least one secure, undercover private parking space. b. Parking shall be provided at the following ratios based on the number of bedrooms in the dwelling: i. 1 space per 1 bedroom dwelling ii. 1.5 spaces per 2 bedroom dwelling iii. 2 spaces per 3 or more bedroom dwellings c. Parking and access facilities shall be designed and constructed in accordance with the requirements of Council’s Engineering Guidelines: Subdivision and Development Standards and Council’s Development Control Plan No. 20: Off Street Parking (2011). d. Parking and access facilities shall be constructed of concrete with a decorative finish. e. Accessways and driveways shall be designed to enable vehicles to: i. enter the parking space in a single turning movement; and ii. leave the parking space in no more than two turning movements. f. Internal driveways should generally be a minimum of 3.5 metres in width. g. Driveways should be designed to allow cars to enter and leave the site in a forward direction for frontages on Clifton Boulevard and Citrus Road.

3.2.11 Site Facilities

Objective: To ensure that site facilities are thoughtfully integrated into the development and are unobtrusive.

a. Waste and recycling bins should generally be located in areas and enclosures not visible from the street or a public space.

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b. Open air clothes drying facilities shall be provided in a secure and convenient location, which is adequately screened from streets and other public places, and where possible, should be separate from private open space. c. A mail box structure should be centrally located, close to the major street and all boxes be lockable.

3.2.12 Fencing

The design of fences has an impact on the real and perceived safety and security of residents as well as on the amenity of the public domain and streetscape character. The visual impact, scale and design of fences all need to be carefully considered.

Objective: To ensure the streetscape does not become inundated with blank, bulky or obtrusive front fencing

a. Front and side return fences should: i. Generally be no higher than 1.2 metres. ii. Generally be no higher than 0.9 metres if it is a solid design. iii. Not be constructed of colourbond, if it is a front fence. iv. Reflect the design and character of the dwelling and other buildings along the street. b. Front fences higher than 1.2 metres will be considered but only where: i. The fence will not be higher than the average front fence height prevailing along the streetscape; ii. The fence will be constructed with a combination of solid and open elements having a minimum aperture of 0.25 metres. Solid fences higher than 1.2 metres are not permitted; iii. The fence will reflect the design and character of the dwelling and other buildings along the street; and iv. The fence will not impede sight distances for traffic on public roads. c. Side and Rear Fences i. Side and rear fences (behind the building line) are to be a maximum height of 1.8 metres above ground level. If the fence is on a sloping site and stepped to accommodate the fall in land, it must not be higher than 2.1 metres above existing ground level at each step; ii. Powder coated metal (colour bond) fences are not permitted on street frontages of corner allotments, forward of the building line; and iii. All fencing is to be constructed of new materials of the same colour, especially those fences that are visible from a public road.

3.2.13 Outbuildings, Garages and Carports

Outbuildings include gazebos, patios, cubby house, sheds, garden sheds and the like.

Objectives: To ensure that a dwellings ancillary structures are sited and designed to positively contribute to the streetscape and do not detract from the character of the Collina Growth Area.

a. General Controls i. Outbuildings, garages and carports shall be a maximum of 1 storey (3.2 metres to the ridge); ii. Outbuildings cannot be used as a dwelling, notwithstanding that a toilet, wash basin and / or shower may be installed; and

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iii. Development that is highly visible from a public place should be designed to integrate with the design and character of the dwelling. Where this is not possible, factory pre-coloured finishes will be required as a minimum and highly reflective surfaces are to be avoided. b. Garage Controls i. Garages shall be setback a minimum of 5.5 metres from the front boundary and 3.5 metres from a secondary street frontage. ii. Garages shall be a maximum of 50% of the primary elevation of the dwelling. c. Carport Controls i. Materials for carports shall be sympathetic to the character of the street and design of the dwelling. ii. Carports shall be setback behind the building line and shall not dominate the primary elevation of the dwelling. However, carports that are integrated into the original design of the dwelling may be built to the building line. 3.3 Medium Density Development This section applies to medium density development on lots designated in accordance with section 2.6 of this DCP. The controls contained in section 3.2 shall also apply to medium density development, however, the following controls shall also be applied to the development of a lot for more than one dwelling. 3.3.1 Density and Site Area a. The maximum site density of medium density lots shall not exceed 82 persons per hectare based on the following occupancy rates of dwellings: I. Large unit (>110m2) or 3 bedrooms 2.87 persons. II. Medium unit (75m2 – 110m2) or 2 bedrooms 1.94 persons. III. Small unit (<75m2) or 1 bedroom 1.3 persons. b. The minimum average site area for medium density development is as follows: I. 300 m2 for each larger dwelling unit (3 bedroom) II. 200 m2 for each medium dwelling unit (2 bedroom) III. 125 m2 for each small dwelling unit (1 bedroom)

3.3.2 Siting of Medium Density Development

a. Development applications for medium density development shall include a site analysis plan identifying the following: i. The broad opportunities and constraints of the layout and design of the site; ii. The positive characteristics of the streetscape and surrounding natural and built environments; iii. Important site characteristics such as lot orientation and prevailing climatic conditions; iv. Existing areas likely to be impacted by overshadowing, for example, neighbouring private open space; v. Inherent site constraints including flood affected land, overland flow paths, slope instability, contaminated land and landfill areas; vi. The location of existing services and facilities including drainage infrastructure and reticulated water and sewerage supply systems; vii. Easement, fence, boundary and access locations; viii. Views to and from the site and the existence of any significant nearby view corridors from public spaces; ix. Movement corridors including local streets and pedestrian pathways; and x. Existing mature trees and vegetation that should be retained.

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Figure 3: Example of a Site Analysis Plan for Medium Density Development 3.3.3 Streetscape Controls

a. In addition to the streetscape requirements in section 3.2.3 the following controls shall apply to medium density development: i. The design of developments on sites with two or more street frontages must address all street frontages; ii. Each dwelling should provide a minimum of one major window to a habitable room (living area) directly overlooking the street or public open space area. The design should avoid kitchen, bathroom or laundry windows dominating the street elevation; and iii. New development should provide landscaping that enhances the appearance of the development and surrounding area.

3.3.4 Private Open Space Areas

a. In addition to the private open space requirements in section 3.2.8 the following controls shall apply to medium density development: i. Private open space is to be clearly defined by walls, fencing and landscaping so as to provide a self-contained space, and excludes areas used for car parking and manoeuvring, waste bin storage and the like; ii. The private open space to ground floor units shall be 50m2 for each unit; and shall incorporate an envelope of 4 metres x 4 metres which is directly accessible from a communal living area. 50% of this envelope should receive direct sunlight for three hours between 9am and 5pm on 22nd June; iii. The private open space for upper levels shall be 10m2 for each unit; and shall incorporate an envelope of 2 metres x 2.5 metres which is directly accessible from a living room, and should receive direct sunlight for three hours between 9am and 5pm on 22nd June. Landscaping elements should be incorporated into the balcony design to protect resident privacy and to enhance the visual amenity. iv. Communal open space, if provided, should:  contribute positively to the character of the development;  provide for a range of uses and activities; and  contribute to stormwater management. 3.3.4 Landscape Area Controls

a. In addition to the landscape area controls requirements in section 3.2.9 the following controls shall apply to medium density development: Ordinary Meeting of Council | 10 May 2016 60

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i. Development applications for medium density development shall be accompanied by a Landscape Plan prepared by a suitably qualified person. 3.3.5 Vehicle Access and Parking

a. In addition to the Vehicle Access and Parking requirements in section 3.2.10 the following controls shall apply to medium density development: i. Developments should be designed to ensure that where possible a single communal accessway is utilised and garage facilities face internally. ii. The width of the driveways between the property boundary and the kerbline shall be limited to 6 metres in width; iii. Where driveways service 5 or more dwellings a 6 metre wide passing bay shall be included within the site; and iv. 1 visitor parking space shall be provided per 5 dwelling units.

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4.0 Notification of Development Applications 4.1 Preliminary

4.1.1 Application of this Section

This part applies to all development applications that are lodged with Griffith City Council. 4.1.2 Aims & Objectives  To ensure that public participation is facilitated in a consistent and transparent manner.  To facilitate an open and informative Development Application assessment process.  To specify circumstances when public notification of Development Applications is not required.  To set parameters which allow for effective public participation without hindering the rapid Development Application assessment process.  To ensure community views are considered where there is a potential impact on adjoining properties.  To ensure consistency and fairness in the manner in which Council implements public notification.

4.1.3 Statutory Notification Requirements

Council shall not determine a Development Application until the applicable submission period is closed, except for development which is exempt from public notification under this policy or by any other Environmental Planning legislation. All submissions received during the submission period are to be taken into consideration in Council’s determination of the matter.

Designated and State Significant development have their own requirements for public notification in the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000.

Development Specifies Consultation type period Exempt No public notification is required, as no Development Application is required for n/a Development this category of development.

Complying Refer to the EP&A Act 1979, the EP&A Regulation 2000 and State Environmental Up to 14 days Development Planning Policy (SEPP) (Exempt & Complying Development Codes) 2008.

Local Is development that is nominated as Local Development under Part 4 of the 14 days Development EP&A Act 1979. Local Development applications are required to be notified in accordance with this policy.

4.2 Notified Development

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No. In order to expedite the assessment process and to provide an effective notification procedure, Council has classified developments which don’t require public notification (refer to Non-Specified Development refer to section 4.4).

4.2.2 Types of Notification

There are four main types of notification:  Written notification  Weekly notification  Published notification  Self-obtaining notification

In what form will the public notice be given?

Dependant on the type and scale of development, Development Applications will be publicly notified by one or more of the following:

 Written notification.  Being published notice in the local newspaper.  Weekly notification in the local newspaper.  A notification published electronically on Griffith City Council’s webpage.  A sign at the development site.

Council reserves the right to increase public awareness by:  Sending media releases to local media agencies.  Placing a notice at a common neighbourhood place (i.e. library, post office etc.).  Arranging public meetings, presentations and discussions.  Consulting with relevant advisory groups.  Other measures deemed appropriate.

Who is to be notified?

Affected persons will be notified as specified under the applicable provisions of this Policy. Notification may include persons owning, occupying or using land opposite or otherwise distanced from the development site.

In addition to the notification of affected persons, the Responsible Officer may notify landowners if they are of the opinion that the use or enjoyment of land may be detrimentally affected by a proposal.

When is the notification period commenced?

Provided that all information associated with the application is adequate, the public notification period is to commenced as soon as practicable.

4.3.3 Advertising fees

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Council charges a fee for the advertising of Development Applications, modifications of Development Consent, reviews of determination and other similar applications. Please contact Council for a fee estimate.

4.2.7 Viewing & lodging submissions

All documents that are publicly notified will be available for inspection during the exhibition period at the Council’s Customer Service Centre, Ground Floor, 1 Benerembah Street Griffith, and at such other locations as are specified in the notices. The period of exhibition may be increased if the Coordinator of Planning and Compliance (or similar) considers that a longer period is required.

Submissions relating to a Development Application must be made in writing and delivered to Council by any of the following means:

 Personal delivery: Griffith City Council, 1 Benerembah Street, Griffith  Post: Griffith City Council, PO Box 485, Griffith NSW 2680  Facsimile: (02)6962 7161  Email: [email protected]

Submissions relating to Development Applications must be lodged with Council by 4.00 pm on the final day of the submission period. If the final day of the submission period is not a working day, the submission period is automatically extended to 4.00 pm on the next working day.

What form should a submission take?

The submission in response to a Notified Development Application must:  Clearly identify the matter to which the submission relates;  State the grounds of any objection expressed in the submission. If objecting, the objection must be based on specific planning grounds;  Be signed by the person making the submission (except if transmitted by email);  The submission must include the sender’s postal address and phone number (especially daytime contact) to enable Council to establish contact, and if necessary, enable Council staff to clarify issues raised in the submission; and  The submissions must be addressed to the General Manager.

Failing to provide the above information may impact adversely on your submission.

Will Council accept late submissions?

No. However, Council will consider the merits only of late submissions received prior to determination.

Are submissions kept confidential?

No. The public may access submissions through the Government Information (Public Access) Act 2009. The substance of submissions may be included in reports for consideration by Council, which are public. The name and address of the person making the submission may be included in Council’s business paper.

Will Council acknowledge the submissions?

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Yes. An acknowledgement letter will be sent to the submitter to the address provided on the submission. Should the application be referred to an Ordinary Meeting of Council for determination, submitters will be advised in writing of the date of the meeting which the application is to be heard at.

Should the application be referred to the Joint Regional Planning Panel for determination, the applicant will be advised in writing of the date of the hearing in which the application is to be determined at.

Will the applicant be advised of objections?

Yes. The applicant is entitled to read and obtain all submissions received. However, the names and addresses of the objectors will be withheld until provided in the Business Paper should the application be referred to an Ordinary Meeting of Council.

Will Council notify objectors of the outcome of the application?

Yes, following the determination of an application, all persons who made a submission will be notified of the decision regarding the application as soon as possible after that determination has been made.

Is there a mediation process?

Yes. When objections are received Council staff may apply mediation to resolve issues prior to determination of a development application where deemed appropriate. Should the Authorised Officer choose to use mediation, the applicant and those persons who lodged submissions may be invited to attend a mediation meeting, where it will be attempted to resolve issues through discussion. Where resolution cannot be reached with respect to objections, staff will refer the application to an Ordinary Meeting of Council for determination.

The applicant and objectors may have the opportunity to address the Council at the Meeting.

3.2.8 Petitions

Where petitions are received in respect to Development Applications, the head petitioner or where not nominated the first petitioner will be acknowledged for the purpose of future contact as to the progress of the application. Only the head petitioner will be advised of committee meeting times or receive written confirmation of the determination of an application.

3.2.9 Extensions to public notification period

Council may extend the exhibition and submission periods by up to an additional 7 days when such periods coincide with public holidays or other exceptional circumstances.

3.2.10 Notification to adjoining Local Government Areas

Where adjoining properties not within the Griffith Local Government Area are considered to be affected by development in the Griffith Local Government Area, the owner(s) of such properties will be notified in accordance with the provisions of this plan.

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4.3 Types of Notification

4.3.1 Written Notification

Written notification is a letter served on a landowner by post or personal delivery, regarding a proposed development.

Persons to be notified

Written notification is to be sent to all adjoining landowners. ‘Adjoining landowners’ is defined as persons who appear on Council’s record, to own land: a) abutting a development proposal; b) separated from it by a pathway, road, channel, driveway or similar thoroughfare; and c) directly opposite to the development proposal.

Where adjoining or neighbouring land comprises strata titled or community titled land Council may notify, in addition to the relevant ‘Owners Corporation’ or ‘Association’, those individual owners/occupiers of land within the complex, which may be detrimentally affected (in the opinion of the Authorised Officer) by the proposed development or use.

At Council’s discretion, the area to be notified may be broadened based on the nature of the proposed development or where in Council’s opinion may be detrimentally affected by the proposed development or use. Examples include land which may be affected by proposed development in the following ways:

 The view to and the views from nearby land;  Potential overshadowing;  Potential for loss of privacy on nearby land;  Potential noise impacts on nearby land;  Likely visual impact of the proposed development in relation to the streetscape;  Potential to impact natural drainage on nearby land; and  Any relevant matter for consideration under Section 79C of the EP&A Act 1979.

Information to be included in the notice

Notifications shall include at least the following information:  a brief description of the proposed development or use;  the DA number or other reference number;  a description of the land to which the matter relates;  a due date for any submissions;  where and during which hours the application may be inspected; and  contact details and office hours of Council.

Notification period

Unless otherwise specified, the exhibition period is 14 days, with the submission period expiring at 4:00PM on the last day of exhibition. Council may extend the exhibition and submission periods when such periods coincide with public holidays, however the total exhibition and submission period may not exceed 21 days unless otherwise required by the Environmental Planning and Assessment Act 1979.

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4.3.2 Weekly Notification

With weekly notification a notice will appear in a local newspaper. The development identified as requiring weekly notification are required to be published in the local newspaper on one (1) occasion only.

Information to be included in the notice

Notifications shall include at least the following information:  a brief description of the proposed development or use;  the DA number or other reference number;  a description of the land to which the matter relates;  where relevant – the name of the applicant;  a due date for any submissions;  where and during which hours the application may be inspected; and  contact details and office hours of Council.

Notification period

Unless otherwise specified, the exhibition period is 14 days from the date the letter was written. The submission period is the time within which a person may make a written submission relating to a notified development application. Unless otherwise specified, the submission period expires at 4:00PM on the last day of exhibition. Council may extend the exhibition and submission periods when such periods coincide with public holidays, however the total exhibition and submission period may not exceed 21 days.

4.3.3 Self-obtaining Notification

Council has a process known as “self-obtaining notification”. The applicant can submit a written declaration of no objection to the proposal from all nominated adjoining land owners and lodge it along with the Development Application. The process will not only reduce the determination time but will also not attract public notification fees. A standard template is available from Council for use. Applicants should speak with Council’s planning staff to confirm which properties are required to be notified. All notified property owners are to sign a copy of the proposed plans (site, floor and elevation plans).

Note: all listed property owners must sign the plans and declaration.

What happens if the applicant fails to obtain letter of no objection from all nominated landowners?

Failing to obtain the adjoining owner consent means Council will notify to the adjoining owners prior to determination of the application. All fees associated with this are payable by the applicant at the time of the application.

Note: should the developer not wish to undertake self-obtaining notification, they may elect for Council to undertaken written notification to all nominated adjoining landowners.

What if the adjoining land owners object?

Refer to the mediation process detailed in section 4.2.7

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4.3.4 Published notification

All development identified as ‘Advertised Development’ and ‘Other Advertised Development’ is to be publicly notified by a Published Notice, which appears across 1 or 2 columns of a local newspaper and is published on two (2) separate occasions. All development which is required to be notified by a Published Notification is also required to undertake Written Notification.

Information to be included in the notice

The provisions of the Environmental Planning and Assessment Regulation 2000 specify what information is to be included in the notice.

Notification period

Nominated integrated development or threatened species development shall be exhibited for 30 days. In any other case the exhibition period is 14 days, with the submission period for both expiring at 4:00PM on the last day of exhibition.

Note: As per the Act, the notification period commences on the day after the day on which the published notice is first published in a newspaper.

4.4 What Developments will not be Notified

The following development in Residential Zoned Areas does not warrant public notification:  Single storey dwelling houses which meets the relevant controls of Part 3 of this DCP;  Garages, carports, sheds, outbuildings or other ancillary residential development that meets Council’s setback requirements and are at least 900 mm clear of property boundaries;  Swimming pools associated with a dwelling which are at least 2m clear of property boundaries and behind the building line;  Internal and external alterations or additions of single storey dwelling house;  Ground-floor alterations or additions to an existing double storey dwelling house;  Subdivision of 5 or less allotments; and  Strata subdivision 4.5 What Developments will be Notified

4.5.1 Potential Negative Impact

Development will be publicly notified where Council is of the opinion that the enjoyment of land may be detrimentally affected by or in relation to:  the views to and the views from the land;  overshadowing;  privacy;  noise, odour or any other potential polluting emission;  the visual quality of the development in relation to the streetscape;  the scale or bulk of the proposed development;  the siting of the proposed development in relation to the site boundaries; Ordinary Meeting of Council | 10 May 2016 68

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 the proposed hours of operation/use for the development;  light spillage or reflection;  means of access to, or provision of, parking on the proposed development site;  the amount of traffic likely to be generated by the proposed development;  drainage; and  the likely or perceived social and economic impacts of the proposal.

4.5.2 Specified Development

The following table identifies ‘Specified Development’, which will be notified and the manner which notification will take

Type of Self- Written Weekly Published Comments development obtaining notification notification notice Notification Backpackers X X accommodation Bed and X Unless breakfast Complying accommodation Development Boarding X X houses Business X X premises Camping X X grounds Caravan parks X X Child care X X centres Community X X facilities Dual X occupancies Educational X X establishments & Schools Emergency X X services facilities Exhibition X homes Farm stay X accommodation Group homes X X health services

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CL02 Attachment (a) Collina Growth Area Development Control Plan facilities: a medical X X centre community X X health service facilities health X X consulting rooms patient X X transport facilities, including helipads and ambulance facilities Hospital X X Home X Unless businesses, Complying industries, Development occupations Hostels X X Information and X X education facilities Multi dwelling X housing Neighbourhood X X shops Office premises X X Places of public X X worship Recreation X X areas Recreation X X facilities (outdoor) & (indoor) Residential flat X X buildings Respite day X X care centres Restaurants or X X cafes Secondary X dwellings

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Seniors housing X X Serviced X X apartments Shop top X housing Other development: All other development proposals are required to be notified under weekly notification except where the Coordinator of Planning and Compliance (or similar) is of the opinion that the use or enjoyment of land may be detrimentally affected by the proposal and the adjoining owners needs to be notified. 4.6 Notification of Amended Plans

When an application is amended prior to its determination, the application shall be readvertised or notified when the amended application is considered likely to result in additional environmental impacts. Amended applications that result in a reduction in the environmental impacts of a development proposal are not required to be readvertised or renotified. 4.7 Notification of Section 96 Modification Applications

In general the notification process will be as per the original development application except where:  the modification is of minor nature pursuant section 96(1) of EP&A Act, or  the modification is of minimal environmental impact pursuant Sec 96 (1A) of the EP&A Act then no notification is required.

Council must notify the objectors and re-notify the proposal as per this Policy all modifications applications lodged under Section 96(1A) & 96(2) of EP&A Act 1979, where an objection was received to the original application.

In circumstances which a modification application is considered to impact on neighbouring residents as compared to the original proposal, the neighbouring residents will be notified.

4.8 Notification of Section 82A Review Applications

Council must notify the objectors and re-notify the proposal as per this Policy all modifications applications lodged under Section 82(A) of EP&A Regulation, where an objection was received to the original application.

The exhibition and submission periods applicable to applications for modification of an application or review of a determination may be extended in accordance with the provisions of this DCP.

Definitions

Exhibition period: A specified period in which any person may inspect exhibited documents relating to a specified development and make a submission.

Specified Development: A development that requires public notification prior to making a final determination. Specified development is development other than designated or

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advertised developments that are listed under the Environmental Planning and Assessment Act 1979.

Local newspaper: A newspaper circulating at least once weekly in the Griffith City Council area.

Weekly Notice: An advertisement placed in a local newspaper, generally appearing in Friday editions. The following information is included in the notification: - a brief description of the notifiable application - the development application number or other reference number - a description of the land to which the matter relates - where relevant, the name of the applicant - the dates for the submission and exhibition periods.

Notice to the owner:

Written notification to the owner. The owner is considered to be: o such persons as appear to the consent authority to own or occupy the land adjoining the land to which the application relates, and o to such public authorities (other than relevant concurrence authorities or approval bodies) as, in the opinion of the consent authority, may have an interest in the determination of the application. o if land is a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973, a written notice to the owners corporation is taken to be a written notice to the owner or occupier of each lot within the strata scheme, and o if land is a lot within the meaning of the Strata Schemes (Leasehold Development) Act 1986, a written notice to the lessor under the leasehold strata scheme concerned and to the owners corporation is taken to be a written notice to the owner or occupier of each lot within the strata scheme, and o if land is owned or occupied by more than one person, a written notice to one owner or one occupier is taken to be a written notice to all the owners and occupiers of that land.

Published Advertisement: A notice appearing across 1 or 2 columns in display section of a local newspaper

Self-obtaining Notification: A written consent of no objection to the proposed development from all nominated adjoining landowners.

Written notice: A letter served on a person by post or personal delivery.

Adjoining landowners: Persons who appear on Council’s record, to own land: - abutting a development proposal - separated from it only by a pathway, driveway or similar thoroughfare, and - directly opposite to the development proposal.

Statutory requirement: A requirement under the provisions of an Act, Regulation, State Environmental Planning Policy, Local Environmental Plan or other statutory instrument.

GLOSSARY OF TERMS USED

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DCP: Development Control Plan EP&A ACT: Environmental Planning & Assessment Act 1979 LEP: Local Environmental Plan SEPP: State Environmental Planning Policy EP&A REGULATION: Environmental Planning & Assessment Regulation 2000

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CL02 Attachment (c) Collina Growth Area Development Control Plan - Appendix 2 - Landscaping

Appendix 2 – Recommended Landscaping Species for the Collina Growth Area

*Please note that this is not an exhaustive list of recommended plants and there are a number of other native and exotic plant species that might be drought, salt and frost tolerant. For more information, please contact Council or any number of local nurseries that serve the Griffith area.

Botanical Name Common Name Height

Large Tree

Allocasuartna verticillata Drooping Sheoak 10m

Acacia omalophylla Yarran 5-10m

Brachychiton populneus Kurrajong 12-15m

Callitris glaucophylla Black Cypress Pine 8-12m

Casiaroma cunninghamiana River Sheoak 10-30m

Eucalyptus kondininensis Kondinin Blackbutt 8-15m

Eucalyptus leucoxylon Yellow Gum 10-30m

Eucalyptus sideroxylon Mugga Ironbark 15m

Geijera parviflora Wilga 9m

Eucalyptus interexta Gum Coolabah 15-30m

Small Tree

Acacia salicina Cooba 5-6m

Capparis mitchellii Wild Orange 5-7m

Eremophila glabra Emu Bush 0.5-3m

Eriostemon myoporoides Long-leaf Waxflower 2m

Hakea leucoptera Needlewood 2-6m

Leptospermum divericatum Tea Tree 1-4m

Melaleuca lanceolata Moonah 3m

Melaleuca stypheloides Prickly Paperbark 8-10m

Myoprum montanum Western Boobialla 4m

Santialum acuminatum Quandong 6m

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CL02 Attachment (c) Collina Growth Area Development Control Plan - Appendix 2 - Landscaping

Botanical Name Common Name Height

Shrub

Acacia cardiophylla Wyalong Wattle 2-4m

Acacia pycnantha Golden Wattle 3-10m

Baeckea virgate Twiggy Baekea 0.5-3m

Callistemon phoeniceus Bottlebrush 1-2.5m

Cassinia laevis Cassinia 1-3m

Correa alba White Correa 1.5m

Dodonaea lobulata Hop Bush 1-3m

Enchyleana tomentose Ruby Saltbush 0.1-0.3m

Grevillea sp. Grevillea 3m

Melaleuca armillaris Honey Myrtle 6m

Myoporum insulare Boobialla 3-4m

Prostanthera ovalifolia Purple Mint Bush 2-2.5m

Senna artemisioides Punty Bush 2m

Westringia brevifolia Native Rosemary 2m

Perennial

Agave americana Centuary Plant 2m

Anigozanthus manglesii Kangaroo Paw 1m

Atriplex semibaccata Creeping Saltbush 0.5m

Brachycome multifida Swan River Daisy 0.5m

Bulbine bulbosa Bulbine Lily 0.75m

Coleonema pulchrum Diosma 1.2m

Dianella longifolia Smooth Flax-lily 1-1.5m

Eutaxia microphylla Mallee Bush Pea 0.3m

Lomandra longifolia Mat Rush 0.7m

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Griffith City Council REPORT

CLAUSE CL03

TITLE Proposed Centre of Excellence in Irrigated Agriculture - Business Case

FROM Neil Southorn, Director Sustainable Development

TRIM REF 16/28348

SUMMARY

On 9 February 2016, Council resolved to fund the preparation of a Business Case for a Centre of Excellence in Irrigation in conjunction with Deakin University. The Business Case is attached to this report and is presented to Council for formal endorsement.

RECOMMENDATION

(a) Council endorse the Business Case for a Centre of Excellence in Irrigated Agriculture.

(b) Council assist promote the Business Case amongst the various partners and stakeholders and to other levels of Government.

REPORT

In response to Council’s resolution of 9 February to fund the preparation of a Business case for the proposed Centre of Excellence in Irrigation, a consortium led by Booth and Associates was successful in being awarded the task following an Expression of Interest process. The Business Case has been prepared on budget and within tight time frames, now ready for dissemination to potential stakeholders and other levels of Government in the search for external funding.

The Business Case quantifies what many in the Riverina already believe – that there is a need for investment in research and extension to benefit irrigated agriculture production, more important now that the ramifications of the Murray Darling Basin Plan are being felt at producer and community levels. Whilst the location of the Centre of Excellence will be Griffith, the work of the Centre will have regional and national significance and international recognition.

The Business Case builds significantly on the presence of Deakin University in Griffith, utilising existing facilities at the former CSIRO field station, brings stakeholders together in a common purpose and demonstrates a very beneficial return on what is a very modest investment. Further, the Business Case describes the appropriate governance structure to maintain viability.

The timing of this document coincides with recent reviews of the Basin Plan and, at the time of writing, the possibility of a Federal election, enabling political focus on the concept. It is recommended the Business Case be endorsed as a first step in making the Centre of Excellence in Irrigated Agriculture a reality.

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OPTIONS

1. As recommended, Council endorse the Business Case as presented.

2. Council request changes to the document.

3. Council not proceed further with the project.

POLICY IMPLICATIONS

The Centre of Excellence concept is consistent with the actions described in the Memorandum of Understanding between Council, Deakin University and NSW TAFE Riverina Institute.

FINANCIAL IMPLICATIONS

The cost of preparing the Business Case was within the funds made available. There are no further financial implications at this stage.

LEGAL/STATUTORY IMPLICATIONS

The Business Case discusses legal structures for the proposed Centre of Excellence.

ENVIRONMENTAL IMPLICATIONS

None related specifically to the Business Case preparation. The activities of the proposed Centre of Excellence will cover environmental issues.

COMMUNITY IMPLICATIONS

The Centre of Excellence will deliver significant social and economic benefits to the local and regional community.

LINK TO STRATEGIC PLAN

This item links to Council’s Strategic Plan items:

C1- Provide clear and transparent communication to the local community on matters in which it is concerned.

C2 - Be well informed about current issues that impact our community.

C6 - To partner with organisations to facilitate the delivery of required services to the Griffith community

D6 - Develop policies that encourage sustainable growth.

D7 - Promote Griffith as a “centre of excellence”.

CONSULTATION

Senior Management Team

ATTACHMENTS

(a) COEIA - Business Case 86

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MINUTES

TRAFFIC COMMITTEE HELD IN MURRAY ROOM, GRIFFITH ON TUESDAY, 12 APRIL 2016 COMMENCING AT 10:30 AM

PRESENT

Councillor Doug Curran (Chair), Matt Carroll (Police), Nick Els (RMS), John Bonetti (representing Adrian Piccoli)

STAFF

Engineering Design & Approvals Manager, Joe Rizzo, Traffic Engineer, Mathew Vitucci, Road Safety Officer, Greg Balind, Minute Secretary, Marisa Martinello and Trainee Engineer Traffic & Civil, James Tomarchio

1 APOLOGIES

No apologies were received.

2 CONFIRMATION OF MINUTES

RECOMMENDED on the motion of RMS and John Bonetti that the minutes of the previous meeting held on 8 March 2016, having first been circulated amongst all members, be confirmed.

3 BUSINESS ARISING

3.1 Speed Zones Review

RMS advised that the following speed zone reviews had been approved:

Wakaden Street - increase from 50k/h to 60k/h between Blumer Avenue and east of Altin Street Rankins Springs Road - extension of the 100k/h zone north closer to Rifle Range Road Sidlow Road - reduction in speed limit from 80k/h to 60k/h to take into account the Stafford Road intersection (controlled by Stop sign) Stafford Road - reduction from 80k/h to 60k/h between the Kidman Way to Murrumbidgee Avenue (taking into account the Sidlow Road intersection) Kidman Way - reduction from 100k/h to 80k/h from Delves Road to a point approximately 300 metres south of the Mirrool Branch Canal Road intersection

Mr Balind also informed the RMS representative of previously discussed changes on the following roads to achieve speed zone consistency: Walla Avenue Overs Road Holt Road

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Mr Balind to forward details of relevant locations subject to amended speed zones to the RMS for consideration.

3.2 Heavy Vehicle Double Parking Hanwood Village Store

Councillor Curran advised that this issue needs to be addressed by Compliance, it is no longer an engineering issue.

3.3 15 Minute Parking – Railway Street (Rear of Former Telephone Exchange)

Mr Balind updated those on the Committee who were absent during the March 2016 meeting regarding the outcome of the parking review at the rear of the Post Office and that there were already 10 x 10 minute spaces available in the vicinity.

3.4 St Patrick’s Primary School – Pedestrian Crossings

Mr Balind advised that a previous assessment by Council and the RMS revealed there was insufficient pedestrian/vehicle warrants to meet the criteria for a crossing in Warrambool Street and Noorebar Avenue. Mr Balind is to contact the schools and advise of the outcome.

4 DECLARATIONS OF INTEREST

Pecuniary Interests

There were no pecuniary interests declared.

Significant Non-Pecuniary Interests

There were no significant non-pecuniary interests declared.

Less Than Significant Non-Pecuniary Interests

There were no significant non-pecuniary interests declared.

5 ITEMS OF BUSINESS

CL01 INSTALLATION OF STOP SIGN/LINE MCCARTHY ROAD X JONES ROAD Mr Tomarchio, Trainee Engineer Traffic and Civil advised that Council has recently upgraded Jones Road between Boorga Road and McCarthy Road. The upgrade has resulted in a greater volume of traffic; especially heavy vehicles travelling past the intersections of McCarthy Road and Jones Road. This has highlighted the lack of sight distance to the east of the intersection. The lack of sight distance warrants the installation of a Stop sign.

RECOMMENDED on the motion of John Bonetti and RMS that the Traffic Committee recommend the installation of a stop sign and line on McCarthy Road at the intersection of Jones Road.

CL02 was withdrawn.

CL03 INSTALLATION OF STOP SIGN/LINE BRIDGE ROAD X MACKAY AVENUE Mr Balind advised that during Council’s Transport Committee Meeting dated 7 March 2016 a request was made to install a Stop sign on Bridge Road at the intersection of Mackay

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Avenue due to concerns over sight distance issues.

RECOMMENDED on the motion of John Bonetti and Matt Carroll (Police) that the Traffic Committee recommend the installation of a Stop sign and line on Bridge Road at the intersection of Mackay Avenue and the review of the centre line marking.

6 OUTSTANDING ACTION REPORT RECOMMENDED on the motion of John Bonetti and Matt Carroll that the outstanding report be updated and noted.

7 GENERAL BUSINESS

7.1 40 Kilometre Zones

Mr Balind advised that the RMS has provided favourable feedback regarding the installation of a 40k/h school zone on McCudden Street from the vicinity of Marcus Street to Clifton Boulevard. Mr Balind further advised that due to an existing school access being present on Clifton Boulevard a 40k/h school zone would also need to be installed on Clifton Boulevard with approximate locations being just south of McCudden Street to the vicinity of the entry to the former cinema complex. It was advised that when further details are known a report will be provided to the Committee.

Mr Vitucci also advised that counters will be placed in Konoa Street.

7.2 McNabb Crescent

Residents in McNabb Crescent will be sent a letter advising that speed humps will be placed in McNabb Crescent on a trial basis. At the end of this exhibition period a process will follow with residents and the Community being asked for feedback regarding the speed humps.

8 NEXT MEETING

The next meeting of the Traffic Committee is to be held on Tuesday, 10 May 2016 at 10:30 am.

There being no further business the meeting terminated at 11:10 am.

Confirmed: ......

CHAIRPERSON

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MINUTES

COMMUNITIES COMMITTEE HELD IN COUNCIL CHAMBERS, GRIFFITH ON TUESDAY, 19 APRIL 2016 COMMENCING AT 4:00 PM

PRESENT

Councillor Anne Napoli (Chair), Councillor Patricia Cox, Susan Delves (Community Rep), Lexi King (Community Rep), Anita Naidoo (Community Rep), Sue Reynolds (Community Rep), Jenna Thomas (Community Rep), Deborah Longhurst (Community Rep) Quorum = 6

STAFF

Director Sustainable Development, Neil Southorn, Community Development Coordinator, Peta Dummett, and Aboriginal Liaison Officer, Roger Penrith and Minute Secretary, Marisa Martinello

1 APOLOGIES

RECOMMENDED on the motion of Councillor Patricia Cox and Sue Reynolds that that apologies be received from Councillor Alison Balind and Kelly Dal Broi.

2 CONFIRMATION OF MINUTES

RECOMMENDED on the motion of Councillor Patricia Cox and Sue Reynolds that the minutes of the previous meeting held on 22 March 2016, having first been circulated amongst all members, be confirmed.

3 BUSINESS ARISING

3.1 Community Services Directory

Ms Dummett advised that the Community Service Directory has been updated and there is still mapping and editing being completed.

4 DECLARATIONS OF INTEREST

Pecuniary Interests

There were no pecuniary interests declared.

Significant Non-Pecuniary Interests

There were no significant non-pecuniary interests declared.

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Less Than Significant Non-Pecuniary Interests

Members making a less than significant non-pecuniary interest declaration may stay in the meeting and participate in the debate and vote on the matter.

Councillor Anne Napoli CL06 - Community Engagement Strategy – Re: GRALC and New Dog Pound Reason – A member of Councillor Napoli’s family is employed at GRALC and in Compliance.

5 ITEMS OF BUSINESS

CL01 COMMUNITY DEVELOPMENT UPDATE Councillor Cox asked for clarification from the meeting with F&CS regarding social housing estate.

Communities in Control Conference 2016

Ms Delves asked if there were any funds available to attend Communities in Control Conference 2016 in Melbourne $365 for registration. Visit www.communitiesincontrol.com.au

Mr Southorn advised that some funds for Councillors or Committee member would be available by way of reporting or action plan back to Council through the Communities Committee.

RECOMMENDED on the motion of Susan Delves and Councillor Patricia Cox that funds be made available for a Councillor, Committee member and or Staff member to attend the Communities in Control Conference 2016 in Melbourne on 30 and 31 May 2016.

SMT COMMENT Funds are available in the existing budget, notwithstanding, in accordance with the Councillor Payment of Expenses. Council must approve the attendance of a Councillor and or Committee Member at the Conference.

CL02 COMMUNITY DEVELOPMENT OFFICER REPORT Youth Week

Youth Week commenced on 8 April 2016 through to 17 April 2016. $1,230 funding was received from the NSW Department of Family and Community Services to be matched by Council. Youth Week targets young people between the ages of 12-25 years.

Three activities were scheduled for Youth Week - Klikaklu – youth at PCYC have organised an online scavenger hunt using a free app “Klikaklu”. 50 young people participated in the challenge.

The second event was a Pool Party that was held at the Aquatic Leisure Centre to celebrate Youth Week and Youth Homelessness Matters Day on 13 April 2016. This event was well attended with 170 young people.

Councillor Cox enquired of the Youth Homelessness Matters Day (there are young people that don’t have three meals a day and couch surf) and was advised by Ms Longhurst that this event created awareness and there is a need to make a public appeal to assist these young people.

Councillor Cox suggested that a letter be sent to all service clubs asking for assistance with the Youth Homelessness.

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Ms Thomas advised that it would be good to look at a bigger project as they do in Lismore with supporting their needs.

The third event was the skate competition and Graffiti Spray sessions organised by PCYC held 15 April 2016 in Olympic Street. This was well attended.

Youth Engagement Strategy

Ms Dummett advised that Ms Dal Broi, Mr Penrith and herself will be going to all the schools to engage with the students in the lunch breaks as to not disrupt lessons.

Mental Health Forum

The Mental Health Forum this year will involve schools in the Western Riverina area and Local agencies to be held on 8 June 2016. Sessions aim to provide skills to young people to empower them to take action or to seek assistance.

CL03 ABORIGINAL LIAISON OFFICER UPDATE 19TH APRIL 2016 Councillor Napoli commended Mr Penrith and his volunteers on a job well done with Midnight Basketball. The grand final was held on 8 April 2016 this was the third tournament held in Griffith. The event is run by the Coordinator Mr Penrith, with volunteers from a range of service providers and individuals.

Councillor Cox asked if financial issues from last competition had been solved. Ms Longhurst was able to source reasonably priced food and have school children involved in the preparation of the food; this helped bring the financial issue under control.

Ms Longhurst congratulated the staff on a well-run facility, very dedicated and very committed.

Ms Longhurst commented on how the students have become more trusting and respectful.

CL04 WADE HIGH SCHOOL FINANCIAL REQUEST An application has been received from a Wade High School year 11 student. The student has been given the opportunity to participate in a program known as Youth Parliament. To participate it involves two camps one on the 14-17 April and the second on the 10-16 June.

Youth Parliament is a program run for teenagers who love to debate about social justice issues.

The cost of the two camps is $700, not including transport costs.

Mr Southorn advised that the student has missed the deadline for the Community Grants application and Council is unable to make exceptions.

Ms Thomas left the meeting the time being 4:57 pm and returned to the meeting the time being 5:00 pm.

RECOMMENDED on the motion of Lexi King and Sue Reynolds that the Committee decline the request for Financial assistance for the year 11 Wade High School student and that the student contact the service clubs in the area for assistance.

CL05 LIFECYCLE UPDATE

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Ms Delves advised the Committee that Ms Di Tarr has agreed to assist with the repairs, as Ms Tarr has some original tiles left and would like to meet with the Communities Committee to discuss options for the repairs at the end of June.

These Mosaics represent the Cultural Community in Griffith and this is very important, even though some have passed on but other Cultures have arrived.

RECOMMENDED on the motion of Sue Reynolds and Jenna Thomas that a Public Art Policy be reviewed and that the tiled rug mosaic be remodelled into a durable and workable art. Ms Tarr to meet the Communities Committee at the end of June to discuss the Mosaic Art Work at the Griffith Regional Theatre and Visitor Information Centre.

CL06 COMMUNITY ENGAGEMENT STRATEGY Ms Dummett advised that the Community Engagement Strategy and consultation processes were being reviewed.

The Committee are encouraged to support consultations. Fact sheets will be prepared to assist the process.

Councillor Napoli made a declaration of Interest at this point of the meeting as GRALC and the Dog Pound are part of the Community Engagement Strategy.

An Extra Ordinary Communities Meeting is to be held. Members will be advised of the meeting to discuss the Community Engagement Strategy.

6 OUTSTANDING ACTION REPORT The outstanding action report will be carried over to the next meeting.

7 GENERAL BUSINESS

Nil.

8 NEXT MEETING

The next meeting of the Communities Committee is to be held on Tuesday, 21 June 2016 at 4:00 pm.

There being no further business the meeting terminated at 5:30 pm.

Confirmed: ......

CHAIRPERSON

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MINUTES

TOURISM AND EVENTS COMMITTEE HELD IN COUNCIL CHAMBERS ON THURSDAY, 14 APRIL 2016 COMMENCING AT 5:34 PM

PRESENT

Councillor Christine Stead (Chair), Councillor Dino Zappacosta, Councillor Leon Thorpe, Councillor Paul Rossetto, Susanna Sternberg (Stakeholder), Roly Zappacosta (Stakeholder), Lorraine Sutton (Community - Alternate)

Quorum = 6

STAFF

Director Sustainable Development, Neil Southorn, Marketing & Promotions Officer, Paige Campbell and Minute Secretary, Marisa Martinello

1 APOLOGIES

RECOMMENDED on the motion of Councillor Leon Thorpe and Councillor Paul Rossetto that apologies be received from Greg Lawrence, Mirella Guidolin, Councillor Balind and Linda Pasquetti.

2 CONFIRMATION OF MINUTES

RECOMMENDED on the motion of Councillor Leon Thorpe and Susanna Sternberg that the minutes of the previous meeting held on 11 February 2016, having first been circulated amongst all members, be confirmed.

3 BUSINESS ARISING

Nil.

4 DECLARATIONS OF INTEREST

Pecuniary Interests

There were no pecuniary interests declared.

Significant Non-Pecuniary Interests

There were no significant non-pecuniary interests declared.

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Less Than Significant Non-Pecuniary Interests

There were no significant non-pecuniary interests declared.

5 ITEMS OF BUSINESS

CL01 GRIFFITH EASTER PARTY 2016 Ms Campbell updated the Committee on the Griffith Easter Party for 2016.

 The social media having 18,000 hits on the Easter Party page.  The steam train was a huge success with the Visitor Information Centre being overwhelmed with visitors and locals buying tickets for the steam train ride.  Ms Campbell asked the opinion of the Committee whether to invite the steam train back to Griffith, perhaps taking a different route out of town towards the north. Ms Sutton advised that the Griffith Central Plaza was a great success on the Saturday of the Easter weekend being a Multicultural feast with children’s amusements. The City Band was enjoyed by all at the station on the arrival of the steam train and in the park.

CL02 LGNSW TOURISM CONFERENCE BYRON BAY 9-11 MARCH 2016 Councillor Stead advised that the LGNSW Tourism Conference held 9-11 March was a well organised event and advised that Social Media was the main focus of the Conference.

Councillor Stead stated that Local Tourism should refresh their events each year.

Councillor Zappacosta stated that there is a need to have a large festival to bring people to the town.

Councillor Rossetto advised that Cobram has 1 million visitors along the Murray each year.

Councillor Thorpe stated that Norfolk Island has adopted a policy to have 700 to 1,000 visitors a year and when this is not occurring, the Community gather and reduce their prices on accommodation to get the people there.

The committee discussed the possibility of having an Events Coordinator.

Mr Southorn advised the Draft Budget will go on public exhibition and then submissions can then be put forward regarding creation of an Events Coordinator position.

Councillor Stead advised that a report of the LGNSW Tourism Conference in Byron Bay will be presented by Mr Lawrence.

Sarah Collis left the meeting the time being 6:05 pm.

Mr Lawrence to send a memo to the Committee with costs and revenue of the Visitors Information Centre.

CL03 THE CANBERRA HOME SHOW 2016 Ms Campbell asked the Committee Members who would be available to attend the Canberra Home Show 2016 to be held on the 23 to the 25 October 2016 at the Showground Canberra. Caravanning Green Nomads set up a Griffith Stand at the Show to promote Griffith. Brochures on Griffith, Kidman Way and maps are distributed at the Show.

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Councillor Leon Thorpe and Suzanne Thorpe, Lorraine Sutton and Roly Zappacosta are interested in assisting with the Canberra Home Show 2016 in October.

CL04 MINUTES - AUSTRALIA DAY WORKING PARTY - 21 JANUARY & 4 FEBRUARY 2016 RECOMMENDED on the motion of Councillor Paul Rossetto and Councillor Leon Thorpe that the Minutes of the Australia Day Working Party meeting held on 21 January 2016 be noted.

RECOMMENDED on the motion of Councillor Paul Rossetto and Lorraine Sutton that the Minutes of the Australia Day Working Party held 4 February 2016 be noted. Marketing and Promotion

Ms Campbell advised that there was a good turn out when the Sunrise Team with Sam Mach came to Griffith. A note of thanks to be sent to Noel Hicks for his Sculpture display, Joe Staltare for the Piano Accordion and Bill Calabria for the grape treading.

Ms Campbell advised that Griffith Visitor Information Centre are involved in more events now and are growing the existing events.

RECOMMENDED on the motion of Councillors Leon Thorpe and Paul Rossetto that the Events Coordinator request be added to the outstanding action report.

RECOMMENDED on the motion of Councillors Leon Thorpe and Paul Rossetto that a letter of thanks with the Mayor’s signature go out to all involved with the “Sunrise Team with Sam Mach” coming to Griffith.

Councillor Paul Rossetto stated his concern with the closure of the ticketing office at the Railway Station from the first week in July.

Councillor Paul Rossetto left the meeting the time being 6:45 pm.

6 OUTSTANDING ACTION REPORT AS AT 11 FEBRUARY 2016 The outstanding action report was updated and noted.

7 GENERAL BUSINESS

7.1 Griffith Regional Aquatic Leisure Centre

Ms Sternberg was concerned that GRALC was closed each day of the Easter break and that visitors to the town were disadvantaged.

Councillor Stead advised that this would be taken on notice.

7.2 Pioneer Park

Councillor Stead advised that Pioneer Park was very well attended on Good Friday.

Councillor Leon Thorpe left the meeting the time being 6:50 pm.

7.3 Banna Avenue Carpark

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Mr Roly Zappacosta stated his concerned that there is a need for a Compliance Officer to check cars parked in Banna Avenue permanently and suggested a letter be sent to shop owners.

Councillor Stead to advise the Transport Committee regarding cars parked for longer periods in Banna Avenue.

7.4 Riverina Field Days

Mr Roly Zappacosta advised that on Wednesday 11 May a meet and greet to all Councillors and sponsors of the Riverina Field Days will be held, with catering from all local producers being used.

The Official Opening of the Riverina Field Days will be held on 13 May with The Hon Sussan Ley MP and the Mayor, John Dal Broi.

7.5 Centenary Dinner

Ms Sutton advised that a Centenary Dinner – Music through the Ages Centenary Ball will be held on the 7 May 2016. All are invited to attend.

7.6 Sunday Markets

Councillor Dino Zappacosta stated that the Sunday Markets should be assisted to find a permanent location as it is a valuable event for the town.

7.7 Sculpture Symposium

Ms Campbell gave an update regarding the Sculpture Symposium. The sculptures will commence on 2 – 18 May opened daily at Pioneer Park from 9.30 am to 4:00 pm. Three master classes will be held. Meet and greet the sculptures will be held on 14 May 2016.

The Sculptures will be relocated to IOOF Park in July.

7.8 Showground

Councillor Stead advised that a $1million grant has been applied for to restore the roof and flooring of the main pavilion at the showground, with a $300,000 instalment over three years.

7.9 Centenary Celebrations

A 100 year celebration street parade will be held on the 6 August 2016. Anyone wishing to enter in the parade please contact Naomi Brugger.

Ms Sternberg left the meeting the time being 7:23 pm.

8 NEXT MEETING

The next meeting of the Tourism and Events Committee is to be held on Thursday, 9 June 2016 at 5:30 pm, in the Council Chambers.

There being no further business the meeting terminated at 7:25 pm.

Confirmed: ......

CHAIRPERSON

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MINUTES

UTILITIES COMMITTEE HELD IN COUNCIL CHAMBERS ON THURSDAY, 21 APRIL 2016 COMMENCING AT 1:00 PM

PRESENT

Councillor Dino Zappacosta (Chair), Councillor Mike Neville, Councillor Paul Rossetto, Patricia Cox (Councillor - Alternate), Matthew Curley (Community Rep), Patrick Pittavino (Community Rep), Russell Rowley (Stakeholder) Quorum = 5

STAFF

Director Utilities, Graham Gordon and Minute Secretary, Kathleen Calabria

1 APOLOGIES

RECOMMENDED on the motion of Councillor Mike Neville and Councillor Pat Cox that apologies be received from Virginia Tropeano, Chris Green, Fiona De Wit and John Roser.

2 CONFIRMATION OF MINUTES

RECOMMENDED on the motion of Matt Curley and Russell Rowley that minutes of the previous meeting held on 7 December 2015, having first been circulated amongst all members, be confirmed.

3 BUSINESS ARISING

Nil

4 DECLARATIONS OF INTEREST

Pecuniary Interests

There were no pecuniary interests declared.

Significant Non-Pecuniary Interests

There were no significant non-pecuniary interests declared.

Less Than Significant Non-Pecuniary Interests

There were no significant non-pecuniary interests declared

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Minutes of Utilities Committee 21 April 2016

5 ITEMS OF BUSINESS

CL01 WATER USAGE, SALES & QUALITY The Committee note the information in the report.

Mr Gordon updated the Committee on water usage and advised that Council is travelling well. Graham advised the figures in the Report Section A Water Usage for 2015/16 should read 5,419ML as the original figure included June 2015.

Councillor Zappacosta requested a copy of the report titled “Use of Additional Town Water Allocation for Watering of Gardens” that went to the Business Development and Major Projects Committee on 18 November 2015 in regard to a water rebate for corner blocks.

RECOMMENDED on the motion of Councillor Mike Neville and Councillor Pat Cox that the Policy regarding water rebate for corner blocks be re-introduced.

SMT COMMENT: The existing Water - Supply and Charges Policy (WS-CP-202) makes reference to the provision of a rebate system (Section 2) (c) (iii) dependant on the Council's currently adopted Revenue Policy. The current 2015/16 Revenue Policy does not make provision for the rebate program. Should this Recommendation be adopted it will be considered as a submission to the Draft 2016/17 Operational Plan (Budget) currently on exhibition for the further consideration of Council.

Below is a copy of the report Mr Gordon sent to the Business Development and Major Projects Committee on the 16 November 2015.

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Extract - Water – Supply and Charges - Policy No. WS-CP-202

Directorate Utilities

TRIM Ref 14/60615

Status Current

Adopted 27 January 2015 Minute No: 15/005

Policy Objective To establish guidelines for the supply and charges for the use of Council's water supply.

Policy Statement

2) WATER SUPPLY CHARGES

c) Consumption Charges

i) All supplies are metered and a consumption charge will be applied to all land supplied with potable and raw water for actual use of the water supply service in accordance with Section 502 of the Local Government Act, 1993. The consumption charge is based on a per kilolitre (kl) fee and will be charged at the amount adopted in the Council’s adopted revenue policy subject to the following:-

ii) The annual access fee entitles potable water users to the first 200 kl of water charged in accordance with the revenue policy.

iii) A rebate for an additional 100 kl of free water may be provided to water users for publicly accessible nature strips or reserves provided that:-

. An application form is received; . The property is categorised as residential; . The nature strip/reserve adjoining the property is greater than 200m2; . The applicant uses in excess of 600 kl of water per annum; . The nature strip/reserve is maintained in an acceptable manner (as determined by Council); and . The granting of the rebate is reviewed annually.

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2015/16 WATER CHARGES Potable Water

Two part tariff comprising Access Fee based on Meter Size (see below) plus Consumption charge of step 1 (0-200 kL) & step 2 (> 200 kL)

Consumption 2014/15 2015/16 % Variation Charge Charge / kL ($) Charge / kL ($)

0-200 kL 0.65 0.67 3.1% > 200 kL 1.25 1.30 4.0%

Meter Size 2014/15 2015/16 % Variation Access Fee ($) Access Fee ($)

20 mm 129 129 0.0% 25 mm 201 201 0.0% 32 mm 330 330 0.0% 40 mm 516 516 0.0% 50 mm 807 807 0.0% 80 mm 2064 2064 0.0% 100 mm 3225 3225 0.0% 150 mm 7257 7257 0.0% 200 mm 7257 7257 0.0% Strata Neighbourhood 261 261 0.0% Unmetered Property 129 129 0.0% Yenda Dual 201 201 0.0% CBD (C1) 441 441 0.0% CBD (C2) 825 825 0.0% CBD (C3) 2700 2700 0.0%

Raw Water Two part tariff comprising Access Fee based on Meter Size (see above) plus Consumption charge (from zero usage)

Consumption 2014/15 2015/16 % Variation Charge Charge / kL ($) Charge / kL ($) 0.33 0.34 3.0%

Standpipe

Charges for the taking of water from designated standpipes at Griffith (Oakes Rd) and Yenda (Mirrool Ave) are: Standpipe (metered) potable – per kilolitre $2.00 Standpipe (metered) non potable – per kilolitre $0.70

Nature Strips

The rebate for an additional 100kL of free water for publicly accessible nature strips or reserves will not be available for the 2015/16 financial year.

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CL02 GRIFFITH CITY COUNCIL WATER SUPPLY ALLOCATION - TEMPORARY TRADE The Committee note the information in the report.

Graham Gordon advised that all of the 5,000ML has now been traded.

Graham Gordon to complete a report to the Committee for next year’s Water Trading.

RECOMMENDED on the motion of Councillor Mike Neville and Russell Rowley that a report be presented at the next Utilities Meeting regarding future trading of water allocation for the 16/17 financial year.

CL03 SENATE INQUIRY INTO MURRAY DARLING BASIN AUTHORITY – RECOMMENDATIONS (Please click on the link below to view further information.) http://businesspapers.griffith.nsw.gov.au/Open/2016/04/UC_21042016_AGN_675_AT.PDF

That the information be received.

RECOMMENDED on the motion of Councillor Mike Neville and Mathew Curley that the report be noted.

CL04 A SCHEME TO DIVERT TRIBUTARIES OF THE CLARENCE RIVER TO THE MURRAY-DARLING BASIN (Please click on the link below to view further information.) http://businesspapers.griffith.nsw.gov.au/Open/2016/04/UC_21042016_AGN_675_AT.PDF

That the information be received.

RECOMMENDED on the motion of Councillor Mike Neville and Russell Rowley that the report be noted

CL05 MINUTES OF THE BUILD MORE DAMS ACTION GROUP MEETING - 18 MARCH 2016 (Please click on the link below to view further information.) http://businesspapers.griffith.nsw.gov.au/Open/2016/04/UC_21042016_AGN_675_AT.PDF

That the information be received.

RECOMMENDED on the motion of Councillor Mike Neville and Matthew Curly that the minutes of the previous meeting held on 18 March 2016, having first been circulated amongst all members, be confirmed.

CL06 ACTION REPORT - UTILITIES COMMITTEE - 21 APRIL 2016 That the information be received.

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6 GENERAL BUSINESS

6.1 ‘Tip for Free’ Weekend

Graham Gordon advised the ‘Tip for Free’ weekend was held on the 19 – 20 March 2016 with the following results;

Tharbogang Waste Management Centre

Saturday 470

Sunday 607

This is an increase of 117 from the last ‘Tip for Free’ weekend held in September 2015.

Yenda Waste Management Centre

Sunday 304 (a full day)

This is an increase of 94 from the last ‘Tip for Free’ weekend held in September 2015.

Elderly and Infirmed service

A total of 11 people contacted Council, six were verified to be genuine and these have been collected by staff in their normal hours.

6.2 Waste Transfer Station

Graham Gordon advised that the Waste Transfer Station is completed with the official opening to be confirmed (confirmation from EPA of who will open the station) in mid May 2016.

Russell Rowley asked the question – “What is Council going to do with the products that get separated.

Graham Gordon advised he will complete a report and bring it to the next Utilities meeting in July 2016.

6.3 Griffith Centenary 1916 - 2016

Councillor Pat Cox asked the question – “Can the ‘Tip for Free’ weekend be brought forward to coincide with the 100 year Centenary of Griffith on the weekend of 23 – 24 July 2016.

RECOMMENDED on the motion of Councillor Pat Cox & Russell Rowley that the ‘Tip for Free’ Weekend be on the weekend of 23 – 24 July 2016.

6.4 Garbage Bins – Jondaryan Avenue Griffith

Councillor Zappacosta advised that the steel bins in Jondaryan Avenue are in poor condition and asked if they will be replaced. Councillor Zappacosta also advised that some of the bins in the villages are also in poor condition and asked if these bins will be updated like the CBD street bins?

Graham Gordon advised that the CDB has its’ own street bins Policy and this does not extend beyond the CBD. Graham advised he will look at the Bin Replacement Policy and advise the Committee at the next meeting.

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7 NEXT MEETING

The next meeting of the Utilities Committee is to be held on Thursday, 21 July 2016 at 1:00 pm

There being no further business the meeting terminated at 2:20 pm.

Confirmed: ......

CHAIRPERSON

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Griffith City Council OUTSTANDING ACTION REPORT

TITLE Outstanding Action Report

TRIM REF 16/28615

RECOMMENDATION

The report be noted.

ATTACHMENTS

(a) Outstanding Action Report - Council Meeting - 10 May 2016 187

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OA01 Attachment (a) Outstanding Action Report - Council Meeting - 10 May 2016

Council Action Minute Additional Information Meeting Item CRM No. Meeting Date Officer No.

22 March 2016 QUESTION RAISED BY DU 24286 Mr Stonestreet advised a report would 04/04/2016: Council staff have COUNCILLOR be presented to Council. undertaken a site inspection. ROSSETTO: CAN Information being prepared. COUNCIL BRING BACK A REPORT ON WHAT CAN BE DONE TO REMOVE DEAD CYPRUS PINE TREES ON REMEMBRANCE DRIVE ADJACENT TO DALTON PARK.

8 March 2016 APPOINTMENT OF DSD 23738 16/063 RESOLVED on the motion of 29/03/2016: Panel members INDEPENDENT Councillors Leon Thorpe and Christine have been approached and HEARING AND Stead that: have informally accepted ASSESSMENT PANEL - appointment. Date for panel (a) The staff assessment report for DA158/2015 hearing yet to be determined. DA158/2015 be referred to an Independent Hearing and 04/04/2016: It is anticipated the Assessment Panel for report will be referred to the assessment and recommendation panel in April. to Council for subsequent determination. (b) The members of the panel be drawn from the State appointed members of the joint Regional Planning Panel (Western region). (c) The applicant and persons who lodged submissions and or objections be notified of this resolution and provided with a copy of Section 23I of the Environment Planning and Ordinary Meeting of Council | 10 May 2016 187

OA01 Attachment (a) Outstanding Action Report - Council Meeting - 10 May 2016

Council Action Minute Additional Information Meeting Item CRM No. Meeting Date Officer No. Assessment Act and advised if they wished to tender additional submissions, to the panel, either orally or in writing they should provide notice of that intention within 14 days of the date of notice. (d) The applicant and persons who lodged submissions and other interested persons be given access to the staff assessment report as soon as it becomes available, or in any event at least 21 days prior to the panel convening in Griffith. (e) In the event that JRPP Panel members are not available the Council engage an independent Planning Consultant to prepare an assessment report for presentation to Council.

8 March 2016 COUNCILLOR GM 23741 “Will Griffith City Council continue to 18/03/2016: A de-brief meeting QUESTION TIME provide staffing resources to ensure of City2Lake Fun Run is the safe and effective running of the scheduled for Tuesday 22 The following question City2Lake event for the Griffith March. 5.00pm. was raised by Community Private Hospital.” Councillor Balind: 29/03/2016: Debrief meeting Mr Stonestreet responded that this held with further communication

event utilised significant Council with St Vincent’s with regard to resources and a decision on future the future of the event. event resourcing would be made 04/04/2016: Costs to Council following a debriefing with the and profit not yet determined Ordinary Meeting of Council | 10 May 2016 188

OA01 Attachment (a) Outstanding Action Report - Council Meeting - 10 May 2016

Council Action Minute Additional Information Meeting Item CRM No. Meeting Date Officer No. organising Committee. due to Council financial cycles. Councillor Balind requested a report 2/05/2016: Report to be on what the cost is to Council for presented at Council Meeting on provision of the required Council 24 May 2016. resources to run the event. Councillor Napoli thanked Council staff for their contribution to making this year’s event a success.

23 February DRAFT POLICY - MES 23259 16/045 RESOLVED on the motion of Policy placed on public 2016 "RESTRICTED Councillors Leon Thorpe and Patricia exhibition until 29/3/2016. PARKING Cox that: 04/04/2016: Submissions ENFORCEMENT (a) Council place the draft “Restricted received. Further report to POLICY" Parking Enforcement” Policy on Council. public display for 28 days. 2/05/2016: Report to be (b) If any submissions are received, presented at Council Meeting on a further report be prepared for 24 May 2016. council. (c) If no submissions are received, the draft policy be considered as adopted by Council as at the date of the conclusion of the advertised exhibition period.

27 October RURAL RESIDENTIAL LUPC 18897 15/339-40 RESOLVED on the motion of 10/11/2015: Planning proposal 2015 LANDS REVIEW Councillors Doug Curran and Bill is being prepared and will be

Lancaster that: reported to Council in December. (a) Part C of the Griffith Land Use 15/03/2016: Collina draft DCP Strategy Beyond 2030 be prioritised. Planning proposal for amended to include the supply Rural Residential Lands now and demand analysis and Ordinary Meeting of Council | 10 May 2016 189

OA01 Attachment (a) Outstanding Action Report - Council Meeting - 10 May 2016

Council Action Minute Additional Information Meeting Item CRM No. Meeting Date Officer No. locational analysis contained in commenced. this report.

(b) A Planning Proposal be submitted to the NSW Department of

Planning and Environment requesting a reduction to the minimum lot size within lands

identified as Site 2 in Attachment ‘A’ of this report from 3 Ha to 1 Ha.

(c) A further review be carried out should the supply of R5 – Large

Lot Residential zoned lands with a minimum lot size of 3000 sq. m. to 4000 sq. m. be decreased

substantially for any reason.

RESOLVED on the motion of 18903 Councillors Christine Stead and Mike Neville that a Planning Proposal in relation to zoning for residential

development adjoining Rose Road be investigated and a report submitted to Council within 3 months..

13 October GRIFFITH CBD DSD 18394 15/310- RESOLVED on the motion of 28/10/2015: Proposed 2015 STRATEGY AND 311 Councillors Dino Zappacosta and governance structure for CBD IMPLEMENTATION Alison Balind that: Strategy Implementation PLAN Working Group presented to (a) The Griffith CBD Strategy be SMT for discussion prior to adopted. report to Council.

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OA01 Attachment (a) Outstanding Action Report - Council Meeting - 10 May 2016

Council Action Minute Additional Information Meeting Item CRM No. Meeting Date Officer No. (b) A CBD Improvement Reserve be 30/11/2015:Staff preparing established, the amount of implementation plan for Council funding it receives from year to consideration. year to be considered upon the 15/03/2016: Implementation adoption of the annual financial plan incorporated into 10 Year statements Council commencing Long Term Financial Plan. 2014/15.

RESOLVED on the motion of Councillors Bill Lancaster and Dino Zappacosta that: (a) The General Manager prepare a report outlining the current rating structure for Griffith City Council compared to the rating structure of comparable Council to be presented at workshop within three (3) months.

(b) The report include information relating community consultation, partnerships and sponsorships as well as reviewing levies.

14 Oct 2014 BUSINESS ARISING - DSD 6323 0330 RESOLVED on the motion of 3/11/2014: To be reviewed STATUS OF Councillors Zappacosta and Napoli January 2015.

DEVELOPMENT that Council allow Real Juice three (3) 19/01/2015: Waste water COMPLIANCE, REAL months to comply with the DA management plan submitted in JUICE COMPANY conditions in relation to Waste Water December 2014. Staff Management and suspend further comments returned to Real enforcement action against Real Juice Juice in December. Awaiting with respect to non-compliance with company response. conditions of consent in relation to Ordinary Meeting of Council | 10 May 2016 191

OA01 Attachment (a) Outstanding Action Report - Council Meeting - 10 May 2016

Council Action Minute Additional Information Meeting Item CRM No. Meeting Date Officer No. their waste water management plan 16/03/2015: Council still waiting during this three (3) month period. for final Waste Management Plan from Real Juice.

18/05/2015: Revised draft concept plan submitted 15/05/2015. 01/06/2015: Council staff met with consultant on 28 May 2015. 20/07/2015: Council final comments submitted to Real Juice 15 June 2015. 31/08/2015: Pollution incident under investigation. 14/09/2015: Direction to take corrective actions served. 06/10/2015: 1. Council has approved final concept Water Management Plan with minor additional requirement. 2. Development Application invited for construction of the facility. 3. Interim Waste Water Management Plan submitted. Council has responded requesting further information. 19/10/2015: No further response

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OA01 Attachment (a) Outstanding Action Report - Council Meeting - 10 May 2016

Council Action Minute Additional Information Meeting Item CRM No. Meeting Date Officer No. from Real Juice. 2/11/2015: Submission received 28 October 2015 indicating progress on interim and final waste management plans. 30/11/2015: No further response from Real Juice. 11/01/2016: Correspondence from real juice indicates interim Waste Management Plan still incomplete. 29/02/2016: DA lodged for wastewater treatment plant. 15/03/2016: Clock stopped. DA does not include essential information requested by Council in 2015. 18/04/2016: Additional documentation received.

Ordinary Meeting of Council | 10 May 2016 193