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MINUTE BY MAYOR Ordinary Meeting, 3/12/02
ITEM NO: 1
SUBJECT: WESTERN SYDNEY ACADEMY OF SPORT
FILE NO: C02224
Recommendation:
That Council receives this report on the Western Sydney Academy of Sport and congratulate the young athletes of the Blue Mountains on their successful participation in the activities of the Academy.
Minute by Mayor:
Blue Mountains City Council has been an active participant in the Western Sydney Academy of Sport since its inception in May, 1997. Councillor Colleen Kime represents Blue Mountains City Council on the Board of the Academy. The stakeholders in the Western Sydney Academy of Sport are the Councils of Blue Mountains, Hawkesbury, Penrith and Blacktown.
The purpose of the Western Sydney Academy of Sport is to provide young sports people from the Western Sydney Region with the opportunity to achieve excellence in their chosen sport. The Academy in 2001/02 was able to expand the opportunities of the athletes of Western Sydney by including Slalom Canoeing and cycling as additional sports. The other sports include Athletics, Rowing, Netball, Softball, and Swimming.
Mrs. Carolyn Brimfield, Executive Officer of the Academy is with us this evening and I would like to invite her to give a brief report on the activities of the Academy.
In addition, a number of young athletes from the Blue Mountains have been successful in being selected as Academy athletes and have benefited significantly from the coaching, training and nutritional advice provided by the Academy. The athletes are:
Name Suburb Sport Catto Ian GLENBROOK Slalom Canoe Coogan Jennifer YELLOW ROCK Track & Field Doorey Jessica SPRINGWOOD Track & Field Etheridge Katherine MT RIVERVIEW Slalom Canoe Evans Brett WARRIMOO Swimming Glen Katie LEURA Cycling Gregory Candice WINMALEE Netball Hughes Tymon LINDEN Rowing Hunter Josh WINMALEE Track & Field Kitchener Lauren SPRINGWOOD Netball Madden Ryan SPRINGWOOD Cycling Page 2
MINUTE BY MAYOR Item 1 - Ordinary Meeting, 3/12/02
Name Suburb Sport McLaughlin Colin FAULCONBRIDGE Cycling McLean Hannah SPRINGWOOD Rowing Power Andrew BLAXLAND Softball Rathbone Jackson-Leigh WINMALEE Cycling Spratt Nick SPRINGWOOD Cycling Spratt Amanda SPRINGWOOD Cycling
It is my pleasure to introduce the athletes to you and to present them with certificates to recognise their participation as Academy Athletes.
I would like to take this opportunity to wish the above athletes all the very best in their future careers.
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MINUTE BY MAYOR Ordinary Meeting, 3/12/02
ITEM NO: 2
SUBJECT: BLUE MOUNTAINS SISTER CITIES COMMITTEE
FILE NO: C00299. C00589. C00576
Recommendations:
1. That Council wish Graham Crew and Alison Appleton every success in the Sanda City International Half Marathon.
2. That Council accept the Award “Assistance to a Sister City” and congratulate Tan Vo on his professional advice and excellent audio-visual presentation on Ecotourism in the Blue Mountains, which contributed greatly to the success in winning this award.
3. That Mrs. Chris Wenman be thanked for her kind donation of Flagstaff items for our City Library.
4. That Council thank Peter Gibson, Chairman, for his report for 2001/2002 and that it be received.
Minute by Mayor:
1. Presentations to Participants in Sanda City International Half Marathon
It is my great pleasure to advise the Council that we have present with us this evening, Mr. Graham Crew and Mrs. Alison Appleton who have been chosen to represent the Blue Mountains as runners in the Sanda City International Half Marathon which will be held in Sanda City, Japan in December. We extend a very warm welcome to them.
On behalf of Council I would like to present Graham and Alison with Blue Mountains tracksuits and to wish them every success in the forthcoming Marathon.
2. Presentation of Award
The City of Sanda, Japan sought assistance from the Blue Mountains City Council to nominate someone from the Blue Mountains City who would be able to participate in the 2002 International Forum for the Revitalisation of Cities and Residents of the Northern Hanshin Area, Japan.
The Blue Mountains City Council, in conjunction with the Blue Mountains Sister Cities Committee, nominated Mr. Tan Vo, the Council’s Property Manager, to participate. The participation was carried out in two capacities:
1. to provide the City of Sanda with professional and technical advice on a range of issues. Page 4
MINUTE BY MAYOR Item 2 - Ordinary Meeting, 3/12/02
2. to present at the 2002 International Forum, a paper on an eco-tourism project that would deliver substantial benefits to the community through partnership between the government at different levels, the community, sister cities and investors.
Eco-Tourism Project
The project was to promote Blue Mountains as “A City within a World Heritage National Park” and recognise potential partnerships between Sister Cities. The project was about a hypothetical development opportunity – a tourism/education community garden/park that could maximise the use of Community Land, minimise cost to Council and benefit the local community.
This hypothetical eco-tourism project could further the development of tourism between Sister Cities, promoting the ideals of people-to-people contact whilst, at the same time, respecting the local environment and complementing the Blue Mountains eco-tourism activities and natural wonders.
The Blue Mountains Sister Cities Committee entered the project at the Australian Sister Cities Association National Conference in the category of “Imaginary Tourism Project – Education Community Garden/Park”.
Assistance to a Sister City
Local community groups, individual citizens, professional staff of Sanda City Council and the Blue Mountains representative were involved in an eco-tourism study tour. During this tour, senior residents were invited to advise the group of the historical, cultural and economic background of each town. The group put a lot of effort in identifying the potential strengths and weaknesses of the many rural towns and villages within the City of Sanda and considering the short, medium and long term opportunities and threats associated with each town.
At the end of this eco-tourism study tour, participants were asked to forward their opinions on how to revitalise the City of Sanda, especially during the periods of time when its local economy was affected by Japan’s economic downturn. The Blue Mountains representative – Tan Vo, provided the study group with his professional opinion and feedback; the details of which were extensively discussed and the outcomes of which were subsequently presented at the 2002 International Forum.
The Blue Mountains City Council’s assistance to the City of Sanda, Japan was very significant and recognised at international levels. This has also improved the image of Local Government in Australia and reconfirmed its status on the International Platform.
The Blue Mountains Sister Cities Committee also entered this achievement to the Australian Sister Cities Association National Conference in the category of “Assistance to a Sister City – Community Resources and Tourism”. Page 5
MINUTE BY MAYOR Item 2 - Ordinary Meeting, 3/12/02
I would like to advise that the Blue Mountains Sister Cities Committee was successful in winning an Award – “Assistance to a Sister City” at the Australian Sister Cities Association National Conference held in October in Bendigo, Victoria.
Tan Vo’s input to this Award, by way of his excellent audio-visual presentation on Ecotourism in the Blue Mountains, was a major contributor to the success of this Award. Congratulations Tan for all your efforts.
Tan is accepting the award this evening on behalf of the City of Blue Mountains.
3. Presentation of Gifts
Mrs. Chris Wenman, former Secretary of the Blue Mountains Sister Cities Committee is with us this evening and would like to present some books and a DVD on Flagstaff and the Grand Canyon to Council. She has asked for these items to be placed in the Blue Mountains City Library for borrowing by the community.
4. Chairman’s Report 2001/2002
Peter Gibson, Chairman of the Blue Mountains Sister Cities Committee has kindly submitted a report on the various projects and activities of the Committee for 2001/2002. This report is attached for your information.
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MINUTE BY MAYOR Item 2 - Ordinary Meeting, 3/12/02
Attachment
BLUE MOUNTAINS SISTER CITIES COMMITTEE
Report by Peter Gibson, Chairman – 2001/2002
Introduction
The Blue Mountains Sister Cities Committee exists to promote Sister City relationships that affiliate the Blue Mountains with cities within Australia and overseas, where such relationships have been approved by the Blue Mountains City Council (Constitution 2.1).
The Committee is affiliated with the Australian Sister Cities Association whose specific objectives of extending the hand of friendship nationally and internationally and encouraging an interchange between the nations to consolidate this friendship are actively pursued.
At present the City of the Blue Mountains has two Sister Cities – Sanda in Hyogo Prefecture, Japan and Flagstaff, Arizona, U.S.A.
Membership
Council Representatives: Cr. Colleen Kime Cr. Chris Van der Kley
Chairman Peter Gibson Deputy Chairman Kerry Kime Honorary Secretary Chris Wenman
Committee Marion Crossman, Petra Graham, Joyce Henderson, Deirdrie Madden, Warren Brash, John Derum, John Bentley, Michael Neall, Alice Wenman
The Committee meets monthly at the Blue Mountains Neighbourhood Centre, Macquarie Road, Springwood at 7.30 p.m. on the second Wednesday and meetings are advertised in the Blue Mountains Gazette.
Sanda
The relationship between the Blue Mountains and Sanda continues to flourish. Next year sees the 15th Anniversary of this Sister Cities relationship and preparations are under way to celebrate this significant event. A sub-committee chaired by the Blue Mountains Tourism Officer, Kerry Fryer, has been set up to oversee preparation for a Blue Mountains delegation to visit Sanda possibly in May 2003. It is anticipated a Japanese delegation will visit the Blue Mountains later in the year. Colleen Kime is preparing a Sister Cities feature for the Blue Mountains Gazette promoting this anniversary, for which sponsorships have been sought and obtained.
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MINUTE BY MAYOR Item 2 - Ordinary Meeting, 3/12/02
Attachment
The Sister School relationship between Winmalee High School and Arima High is very strong and students Leanne Coker, Sara Korevaar and Amelia Bros will spend from 3-12 months in Sanda on exchange. Kaori Fukumoto and Takao Inoguchi from Arima High at present are welcome guests at Winmalee High. The relationship between St. Columbas and Hokesetsu High continues as well and Laura Forwood from St. Columbas was selected as an exchange student to Hokesetsu and is spending six months there. Eriko Nakano arrived on 24th March at St. Columbas. A group from Hokesetsu visited St. Columbas on the same day but because of a tight schedule were able to spend two hours only in Springwood. This was a little disappointing.
The Committee is always ready to assist students, their families and schools wherever possible – a good example being the $1,000 scholarship awarded to Richard Baldry’s family to help defray costs associated with his exchange visit to Arima High. Marion Crossman is a splendid liaison person between the schools and the Committee. At present it seems that Blue Mountains students and their families are a little reluctant to commit to a 12 month exchange, while the Japanese students seem to prefer this length of time. It might be a worthwhile project for the Committee to set up a forum in which these differing preferences might be discussed.
In March, Mr. Tan Vo, the Blue Mountains City Council’s Property Manager, gave a wonderful audio-visual presentation to the “2002 International Forum for the Revitalisation of Cities and Residents of the Northern Hanshin Area, Japan”. The theme of Tan’s presentation was on ecotourism in the Blue Mountains and could be used as a model to promote recovery from the Hanshi-Awaji Great Earthquake and identify opportunities for the people of Hyogo Prefecture.
The presentation was keenly received in Japan and the Committee was most impressed upon viewing it at a Sister Cities meeting. A recommendation made in the presentation in regard to establishing a Japanese Garden in the local area has been endorsed by this Committee and Council asked to examine the suggestion.
As usual two Japanese runners were sponsored to come to Australia and run in the Woodford to Glenbrook Run. Miyuki Yamada and Takashi Maekawa, met Mayor Jim Angel and were shown the sights of the Blue Mountains before competing in the run. Miyuki finished third in her age-group while Takashi finished an exceptional second overall.
At a reception following the event at the home of Kerry and Colleen Kime, the two runners were presented with mementos of their visit and messages of greeting to the people of Sanda. Thanks go to Kerry Kime, Warren Brash and Deirdrie Madden for providing transport to and from Sydney Airport. In a reciprocal arrangement two Blue Mountains runners – Graham Crew and Alison Appleton – will be sponsored by the Sanda Cultural Division to compete in the Sanda Half Marathon in December.
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MINUTE BY MAYOR Item 2 - Ordinary Meeting, 3/12/02
Attachment
Twelve community members joined the annual Greenleaves trip to Japan in July which is organised by the Australian Sister Cities Association and promoted locally by the Committee. They conveyed the Committee’s best wishes to the people of Sanda and took a gift from the Committee to the Mayor of Sanda – Mr. Yoshihiro Okada. The travellers had a wonderful time being looked after by host families during their one week stay in Sanda. The remainder of the time was spent travelling in the Tokyo area.
Each year the Sanda Council employs Assistant Language Teachers to work in the Sanda area. The Committee places advertisements for these teachers in the Blue Mountains Gazette and the Secretary and Chairman make themselves available to answer queries from prospective applicants. Recently a batch of 12 applications was sent to Sanda for appraisal and selection.
In 2002 students and staff from Arima High School stayed in the Springwood area. They were warmly welcomed by the Winmalee High School community and spent a most enjoyable and fruitful time in the area. As well as sightseeing activities the group was entertained and welcomed at a very happy function at Marion and Danny Crossman’s home. The new Principal of Arima High – Mr. Kajitani – gave an excellent recorder-playing demonstration even playing two simultaneously.
During the year Mr. Nakamura, previously the Cultural Officer with the Sanda Council, visited the area and indicated that the Sanda Male Choir, of which he is a member, will be visiting the Blue Mountains in February, 2003 and preparations are already under way for the group to perform at the Springwood Civic Centre. Warren Brash is the Committee’s liaison person for this visit.
Flagstaff
The Committee received notification that the Flagstaff Sister Cities Committee had again honoured us by raising the Australian flag at Flagstaff City Hall on Australia Day and providing morning tea and arranging an Australian-style meal at a local restaurant. The Blue Mountains Committee reciprocated on 4th July – American Independence Day. Members of the U.S. military who were working locally, the American Embassy, Air Vice-Marshall Kindler of the RAAF (who was unable to attend but was represented by Wing Commander Mark Simpson) and local schools were invited and a general invitation to Blue Mountains citizens was placed in the Blue Mountains Gazette.
During the ceremony at Glenbrook, Cr. Kime spoke to the citizens, school children and guests of the history of the relationship between Flagstaff and the Blue Mountains. Captain Dale Foster from the U.S. Air Force spoke of the importance of Independence Day to Americans; and after playing Advance Australia Fair and raising the Australian flag, the Stars and Stripes was raised while the U.S. National Anthem was played. All those present, as well as interested onlookers and passers-by, were provided with donuts and coffee.
The Committee is very grateful to the Blue Mountains City Council for its assistance in staging this event, especially in installing a new flagpole which enabled the Australian and U.S. flags to fly proudly together. Page 9
MINUTE BY MAYOR Item 2 - Ordinary Meeting, 3/12/02
Attachment
Contact has been kept with the Flagstaff Sister Cities Committee and news was received recently that Bryan Cooperider from Flagstaff had been appointed that Committee’s new President and Australian sub-committee leader. Secretary Chris Wenman met Bryan when she and her family visited Flagstaff recently on a private trip and was impressed by Bryan’s commitment and enthusiasm in developing the current relationship. Details of the Blue Mountains website have been sent to Bryan.
General
On Springwood Foundation Day – Saturday, 6th April – the Committee set up an Information Stall in Macquarie Road, which was staffed by members of the Committee. Many enquiries from the public were made of the members and the Committee was pleased with the interest shown.
A most informative and well-produced brochure was distributed which generated a lot of favourable comment. Thanks go to Colleen Kime and Chris Wenman for organising its production. Special pens were also distributed for publicity purposes and members of the Committee wore specially screen-printed T-shirts. A float was entered in the Grand Parade and this was decorated by Japanese Language students from Winmalee High.
Councillor Kime represented the Blue Mountains City Council at the Australian Sister Cities Conference in Bendigo in October and she was accompanied by her husband Kerry, who represented this Committee. Colleen took an abridged version of Tan Vo’s Ecotourism audio- visual and the Sister Cities brochure was also taken to be placed in a media competition.
It has been the source of some disappointment to me that we have not been able to explore further the suggestion that Mayor Angel made early in the year to investigate the establishment of other Sister City relationships. The main sticking point seems to be who should set the wheels in motion. The extract from the Constitution in the opening paragraph seems to offer clarification and this would be a good starting point for the new Committee.
I would also hope that now personal contact has been established between this Committee and the Flagstaff Committee, that even stronger and more active links could be forged between the two.
Having seen the heavy workload of the Secretary I would also like to suggest that the Committee consider the appointment of a Minutes Secretary. This would, I feel, ease the Secretary’s burden considerably as well as mean more active involvement for another committee member. Further I would like to suggest that the new committee has a membership drive early in its life as new members with new ideas, insights and energy will ensure the Committee retains its vibrancy.
I would like to thank Chris Wenman for the dedicated way she carried out her duties as Honorary Secretary for the past three years and acknowledge her wonderful contribution to the smooth running of this Committee. I wish Chris and her family all the best for the future and know I speak for all in noting how glad I am that even though stepping down as Secretary, Chris will continue as a Committee member. Page 10
MINUTE BY MAYOR Item 2 - Ordinary Meeting, 3/12/02
Attachment
Thank you sincerely also to all Committee members for giving part of your busy lives to ensuring that the work of the Committee proceeds smoothly and also for the support you have given me as Chairman. I have enjoyed working with you this past year.
Peter Gibson
Chairman Blue Mountains Sister Cities Committee
* * * * * * * * * *
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MINUTE BY MAYOR Ordinary Meeting, 3/12/02
ITEM NO: 3
SUBJECT: SISTER CITY RELATIONSHIP WITH SANDA, JAPAN – 15 YEAR ANNIVERSARY CELEBRATIONS
FILE NO: C06141
Recommendation:
That Council consider sending an official delegation to represent the Council of the City of Blue Mountains at the 15th Anniversary Celebration of the Sister City Relationship with Sanda City to be held in Japan in May, 2003.
Minute by Mayor:
The Japanese apparently attach great significance to anniversaries based on five and ten year cycles. The Year 2003 marks the 15th Anniversary of Council’s Sister City Relationship with the City of Sanda, Japan.
In the past Council has sent a delegation to mark the 5th Anniversary in 1993 consisting of two Councillors. In 1998, marking the 10th Anniversary of the Relationship with the Blue Mountains, Council resolved to send up to five Councillors (3 of which were members of the Sister Cities Committee) to participate in the celebrations with Sanda. Obviously the number sent corresponds to the significance of the anniversary.
The Blue Mountains Sister Cities Committee has received an invitation from the people of Sanda to attend the 15 Year celebrations. The anticipated timeframe for the celebration is 22nd May, returning on the 28th May, 2003.
The Blue Mountains Sister Cities Committee has called for expressions of interest from individuals, community groups and interested parties to attend the celebrations at their own cost.
Our Japanese hosts have indicated that they are particularly keen to meet groups with an interest in the natural history or environment of the Blue Mountains, although any groups would be very welcome. It is important to maintain relationships with our Sister City in Japan and therefore Council should consider sending a small Official Delegation to the 15 Year Celebrations in 2003.
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MINUTE BY MAYOR Ordinary Meeting, 3/12/02
ITEM NO: 4
SUBJECT: ESTABLISHING FURTHER SISTER CITY RELATIONSHIPS
FILE NO: C00831
Recommendation:
That Council, in conjunction with the Blue Mountains Sister Cities Committee, investigate and report back on the value of extending its Sister City relationships and recommending any preferred cities.
Minute by Mayor:
The Blue Mountains Sister Cities Committee has indicated that it has been approached by a number of Chinese Cities to establish a Sister City Relationship. This was mentioned in the Chairman’s Report for the 2001/2002 Financial Year.
I have also been approached by cities in other countries concerning the possibility of establishing such relationships.
The relationships between Sanda and the Blue Mountains and Flagstaff and the Blue Mountains have been extremely successful. I think it is worthwhile that Council, in conjunction with the Blue Mountains Sister Cities Committee, undertake the necessary investigations and report back on the value of entering into further Sister City Relationships and recommending any preferred cities.
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MINUTE BY MAYOR Ordinary Meeting, 3/12/02
ITEM NO: 5
SUBJECT: THE SARTOR DROUGHT APPEAL CHALLENGE
FILE NO: C00057
Recommendation:
That Council donate $2,000 to the Sartor Drought Appeal Challenge.
Minute by Mayor:
I have received the following letter from Councillor Mark Greenhill in his role as President of WSROC, requesting a donation to the Farmhand Drought Appeal.
“As some of you may be aware, the Lord Mayor of Sydney City, Cr. Frank Sartor, has announced that his Council has voted unanimously to match dollar-for-dollar, the contribution of all other metropolitan councils combined to the Farmhand Drought Appeal.
I am writing to invite all WSROC Mayors to take up Cr. Sartor’s challenge. I strongly agree with Cr. Sartor’s comment that drought is something that affects all of us – and that at this time of need we need to bridge the ‘city-country divide’.
I believe that Western Sydney Councils have a particular reason to be grateful to bush communities. Who amongst us can forget that at the time of our greatest need – in the bushfires of 1994 and last year – fire-fighters from hundreds of small rural communities across Australia, came to our aid, saving many of our towns and suburbs from certain destruction. The least we can do is return the favour.
I understand that some Councils in Western Sydney are already responding to the drought issue, raising funds and, in some cases, working directly with rural Councils and I would strongly encourage these initiatives. I am also asking all Councils in Western Sydney to respond in whatever way they can to the Sartor challenge.
I will ascertain from Cr. Sartor the best approach to ensuring that the contribution of Western Sydney Councils is recognised – therefore making the City of Sydney show drought affected areas even more of the ‘colour of their money’!”
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MINUTE BY MAYOR Ordinary Meeting, 3/12/02
ITEM NO: 6
SUBJECT: LOCAL GOVERNMENT EXCELLENCE IN THE ENVIRONMENT AWARDS
FILE NO: C06235
Recommendation:
That the Minute by Mayor be received.
Minute by Mayor:
I am pleased to congratulate Council in its recent success in the Local Government Excellence in the Environment Awards. Council entered Draft LEP 2002 in both the Built Environment and Natural Environment categories, and received a highly commended award in both categories. Council also received a highly commended award in Waste Management for its Kerbside Chipping Program.
The Local Government Excellence in the Environment Awards are an annual event open to all Councils in NSW. They aim to recognise outstanding achievements by NSW Local Government in managing and protecting the environment.
The Built Environment Award recognises initiatives in managing for a sustainable built environment including sustainable urban design, the incorporation of principles relating to ecologically sustainable development into planning policies and development projects, and policies demonstrating sustainable built environment principles.
The Natural Environment Award recognises initiatives in managing the natural environment in both urban and rural areas including conserving biodiversity, rehabilitating and restoring degraded areas, conserving wildlife habitat and improving wetlands management.
The high commendations Council has received in these categories reflect the vast amount of work undertaken over the past five years. The superior quality and progressive nature of this work is evidenced by the detail in Draft LEP 2002 and its supporting maps and documents, and is envisaged to result in planning outcomes that reflect the desires of the community and the individual opportunities and constraints of each parcel of land in the Blue Mountains.
The Waste Management Award recognises initiatives in the management and minimisation of waste including council purchasing policies, waste education and training programs, strategic waste plans, green waste strategies, and management of construction and demolition waste.
The high commendations received as a result of Council's Kerbside Chipping Program is a domestic waste initiative that provides residents with a means to handle larger woody prunings and clippings not easily composted, and returns this material to the same resident for reuse on gardens and in compost.
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MINUTE BY MAYOR Item 6 - Ordinary Meeting, 3/12/02
The onsite approach of the service reinforces the concept that individuals are responsible for their own waste management decisions and ensures that residents are active participants in the service. The approach also ensures and that weeds and plant pathogens are handled by the waste generator and not spread from one household to the next.
The first year of the service has been highly successful and has diverted some 20,280 cubic metres (equivalent in volume to over 900 garbage trucks) of organics from landfill.
On behalf of Council, I would like to offer my congratulations to the staff involved in these two successful programs.
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NOTICE OF RESCISSION Ordinary Meeting, 3/12/02
ITEM NO: 7
SUBJECT: DEVELOPMENT APPLICATION NO. X01/1366 FOR A TWENTY THREE (23) UNIT RETIREMENT VILLAGE UNDER THE PROVISIONS OF SEPP 5 ON LOT 129 DP 1022877, NO. 108-120 NARROW NECK ROAD, KATOOMBA
FILE NO: X01/1366
By Councillors C Gaul, T Hamilton, A Henson and H Kozelj:
“We the undersigned wish to rescind the decision on Item 11, 12th November 2002 (Development Application X01/1366).”
Note by General Manager:
Council’s resolution of 12/11/02 is recorded at Minute No. 472 and was:
“That, pursuant to S.80 (3) of the Environmental Planning and Assessment Act 1979, Development Application No. X01/1366 a twenty-three (23) unit retirement village on Lot 129, DP 1022877, No. 108-120 Narrow Neck Road, Katoomba be determined by granting of deferred commencement consent subject to conditions shown in Attachment 1 of this Report.”
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PLANNING FOR A SUSTAINABLE FUTURE Ordinary Meeting, 3/12/02
ITEM NO: 8
SUBJECT: TELSTRA SITE KATOOMBA, PARKING
FILE NO: C06191
Recommendations:
1. That Council agrees to negotiate with Telstra in order to purchase the rear portion of the Telstra site, in Katoomba Street Katoomba for the purposes of extending the Studleigh Place car park, as indicated in attachment 1.
2. That the outcome of the above negotiations be reported back to Council.
Report by Group Manager, City Solutions:
This report will provide Council with an over view of the current status of planning for the town centre precinct made up of land currently owned by Council, Telstra and the Catholic Church.
Council considered a report on the St Canice’s precinct on the 12 November 2002. That report indicated that a masterplan had been prepared for the precinct, which included the Council Studleigh Place car park and toilet site, the front of the St Canice’s Church site and the rear of the adjacent Telstra site. The masterplan for this site is included as attachment 1.
By way of background Council has already resolved, in part:
“1. That discussions, regarding the potential lease of the land in front of St.Canice’s Church site in Katoomba Street, Katoomba for the purposes of agreeing terms to the lease for provision of a public open space, continue with the Church authorities through to, and including, the drafting of a lease phase for the site……”
Council will also consider a report on a tender for the construction of new toilet facilities for the Studleigh Place car park site, which is part of the four year funded revitalisation program. All of the above works are consistent with the masterplan.
The adjacent Telstra site contains a parcel of land at the rear of the site, which is surplus to Telstra’s requirements. This area is identified on the attachment.
The masterplan suggests that this parcel of land would be an ideal extension of the existing Council car park and could replace the 17 spaces lost as part of the redevelopment of the new toilets and public space in front of the Church and to provide approximately 36 additional spaces as part of the Katoomba town centre revitalisation. This is a net gain of approximately 19 car spaces. The proposal will also provide a pedestrian linkage from Lurline Street to Katoomba Street.
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PLANNING FOR A SUSTAINABLE FUTURE Item 8 - Ordinary Meeting, 3/12/02
The Telstra land is the last parcel of land required to facilitate the overall masterplan.
The section of land in question has an area of approximately 1,500 square metres and contains a disused building, and a large level platform which is below the Studleigh place car park level. The platform is currently accessed by a ramp near the existing Telstra building.
Council staff have been discussing the possibilities of acquiring the rear of the Telstra site for a number of months now. Telstra staff have indicated a general willingness to discuss the matter, although they have made clear that the matter is not a high priority. Telstra recently submitted an application for the demolition of an existing building on the site, which has now been approved.
The development of the rear of the Telstra site for additional parking is not currently a funded project. Masterplanning of the various sites is part of the four year funded revitalisation program. The Telstra site represents a real opportunity to plan for the future and to help facilitate some longer term town centre outcomes.
The value of the land is yet to be determined but the location of the land and its lack of direct access from a public road will have an impact on the value that the parcel can achieve. It will be recommended that Council commence negotiations with Telstra to purchase the land. This process would require a subdivision and rezoning.
Funding
Council has accumulated approximately $213,000 from Section 94 contributions for parking in the Katoomba town centre and a further $143,000 for commercial parking in surrounding towns, (Blackheath to Wentworth Falls). This funding can legitimately be used to purchase this land for parking.
Conclusion
The planning and development of new toilet, parking and park facilities in the Katoomba town centre has been a critical element in the revitalisation of Katoomba. The Katoomba Charrette and the Katoomba Town Centre Masterplan all highlighted the need for these types of facilities.
The rear of the Telstra site in Katoomba, represents a unique opportunity to purchase an important piece of land which will allow some of the goals mentioned above to be achieved.
It is recommended that Council open negotiations with Telstra with a view to negotiating the purchase of the land in question and that the outcome of those negotiations be reported back to Council for an ultimate decision.
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PLANNING FOR A SUSTAINABLE FUTURE Item 8 - Ordinary Meeting, 3/12/02
Attachment
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PLANNING FOR A SUSTAINABLE FUTURE Ordinary Meeting, 3/12/02
ITEM NO: 9
SUBJECT: TENDER FOR THE CONSTRUCTION OF NEW PUBLIC TOILET FACILITIES IN STUDLEIGH PLACE KATOOMBA, INCLUDING DEMOLITION OF EXISTING FACILITIES
FILE NO: C06090
Recommendations:
1. That Council accepts the tender submitted by M Bruton Building Co for the construction of the new public toilet facilities in Studleigh Place Katoomba, Contract No. KP 03/02, for the lump sum price of $155,950.00 (excluding GST).
2. That the Common Seal of Council be affixed to all the necessary documents.
Report by Group Manager, City Solutions:
Introduction
This report will provide Council with information regarding the tender for the construction of new public toilet facilities in Studleigh Place Katoomba, including demolition of existing facilities, and to provide a recommendation based on the tenders received.
Background
Council has allocated funding within the 2002/2003 Capital Works Programme for the construction of new public toilet facilities in Studleigh Place, Katoomba. The tender process and recommendations within this report will facilitate the engagement of an appropriate Contractor to carry out the construction of these facilities.
The Tender
Open Tenders were called for this project in accordance with Council’s Tendering Guidelines.
The tender was advertised in the Sydney Morning Herald on the 22nd October 2002 and in the Blue Mountains Gazette on the 23rd and 30th October 2002.
Tenders closed at 2.00pm, Tuesday 12th November 2002.
Thirteen copies of the tender documents were issued to prospective tenderers.
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PLANNING FOR A SUSTAINABLE FUTURE Item 9 - Ordinary Meeting, 3/12/02
The following Tenders were received and are listed in apparent order of price, with the lowest cost submission listed first and the highest cost submission listed last. The complete tender submission documents are available on file for further reference.
S M Bruton Building Co, Annangrove S A N & D Peterson, Lawson S Am FM Construction Pty Ltd, East Hills S Zadro Constructions Pty Ltd, Vineyard
Tender Evaluation
The role of the Tender Evaluation Panel (TEP) is to evaluate the submissions in accordance with the assessment criteria specified in the tender documents and to recommend, a preferred tenderer.
The TEP must develop a clear understanding of the tenderer’s proposals and claims. Where internal inconsistencies or lack of clarity arise from the tenderer’s submitted information, the TEP can request clarification from the tenderer. In this instance, the TEP requested clarification of information from one tenderer.
Tenders were assessed using the following assessment criteria and weightings:
Criteria Weighting Relevant experience and performance on similar projects 20% Proposed program 10% Demonstrated Financial and Project Management Capabilities 10% Price 60%
Discussion
The following table is a summary of the recommendations of the TEP based on the evaluation process in respect to the average weighted score of the assessment criteria. The full assessment is available on file for further reference. The average weighted scores shown are out of a total possible score of 4.
Average Rank Tenderer Weighted Score* 1 M Bruton Building Co 3.93 2 A N & D Peterson 3.31 3 AM FM Constructions Pty Ltd 3.00 4 Zadro Constructions Pty Ltd 1.25 * Maximum possible score is 4.
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In summary, the firm of M Bruton Building Co submitted the lowest price and also received the highest average weighted attribute score. M Bruton Building Co’s tender provides the best value for money based on the prices submitted. They are a well-established company that have completed many projects of a similar nature.
Therefore, it is recommended that Council award this Contract to M Bruton Building Co.
It is anticipated that works will commence in mid January 2003 with a 17 week program to complete the works.
The tender documentation allowed for the building and the associated landscape & car park works to be carried out separately if required. On review of the submissions received, it is recommended that M Bruton Building Co be engaged by Council to carry out the building component works only. The landscaping, paving and carpark entryway modifications will be undertaken separately.
Funding
Council has allocated $150,000.00 in the 2002/2003 Capital Works Programme for the construction of new public toilet facilities in Studleigh Place, Katoomba.
This allocated budget must cover all costs associated with the construction of this project, including the related landscaping, paving, car park entryway modifications, contingency and architectural design costs. It is estimated that these associated works will cost in the order of $75,000.
The additional funding required to complete the new Studleigh Place Public Toilets and the associated works will be sourced from within the Katoomba Revitalisation Project Four Year Funded Program.
Comment from the Tender Review Committee
The Tender Review Committee has reviewed the tender procedures and is satisfied as to the fairness of the process.
Comment from Group Manager, Corporate Policy
This project will be fully funded from the Katoomba Revitalisation Project Four Year Funded Program.
Conclusion
Based on the assessment of the submissions received, it is recommended that the tender submitted by M Bruton Building Co for the construction of the new public toilet facilities in Studleigh Place Katoomba, be accepted by Council for the lump sum price of $155,950.00 (GST exclusive).
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The additional funding required to complete the new Studleigh Place Public Toilets and the associated works will be sourced from within the Katoomba Revitalisation Project Four Year Funded Program.
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PLANNING FOR A SUSTAINABLE FUTURE Ordinary Meeting, 3/12/02
ITEM NO: 10
SUBJECT: TENDER FOR THE MASTER PLANNING OF LAWSON TOWN CENTRE
FILE NO: C06085
Recommendations:
1. That Council accepts the tender submitted by Civitas Partnership for the Master Planning of the Lawson Town Centre for the lump sum amount of $136,000.00 (exclusive of GST).
2. That the Common Seal of Council be affixed to all the necessary documents.
Report by Group Manager, City Solutions:
Introduction
This report is presented to provide Council with information regarding the tender for the Master Planning Contract for the Lawson Town Centre and to provide a recommendation based on the assessment of the tenders received.
Background
The Council and the Roads and Traffic Authority (RTA) have jointly developed a ‘Preferred Option’ for widening of the Great Western Highway through the township of Lawson. The option proposes demolition of the existing highway frontage shops, west of the hotel at Honour Avenue with re-establishment of the shops to a new highway service lane with expansion and relocation of the commercial/community precinct into an adjacent new town centre accessed by a traffic light controlled intersection on the highway at New Street.
The RTA is funding acquisition, infrastructure provision and the engagement of specialist consultants to ensure that the Preferred Option is implemented in a manner that satisfies the Lawson Community and minimises disruption to existing business within the town centre. (The highway widening project is still subject to the completion of the Review of Environmental Factors and final approval by the RTA.) Council has also appointed a Specialist Project Manager, funded by the RTA, to ensure a satisfactory outcome.
The Preferred Option is the result of extensive community consultation and investigation by Councils Consultants and the RTA and incorporates the following features relevant to this brief. Page 25
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S Acquisition and demolition or relocation as determined appropriate of approximately 16 shops. Acquisition by the RTA would provide BMCC and shop owners the opportunity and capital to redevelop a new shopping centre. S A one-way service road between New St and Staples St with approximately 27 shopfront angle parking spaces that would be physically shielded from the Highway by a landscaped separator island. S Wide sealed shoulders on the highway suitable for cyclists and vehicle breakdowns. S Channelised intersection at New St with traffic signals including pedestrian crossing facility across New St to provide safe and efficient traffic and pedestrian access to the proposed new shopping centre. Reconstruction by the RTA within New St would be limited to the length determined appropriate for storage of exiting vehicles. S Adjustment of the GWH/Honour Ave intersection to provide left turn entry only and a taxi facility. S Bus facilities in Wilson St to service Lawson Primary School. S Indented bus stops, where opportunity permits, at locations as agreed with Blue Mountains Bus Company and BMCC. S Improvements to the alignment and lighting of the pedestrian tunnel under the Highway near Honour Ave. S Landscaping and urban design features to improve the aesthetics of the village within the Highway reservation. S Upgraded street lighting, signposting and pavement marking. S Amelioration of traffic noise to current EPA criteria. S Sedimentation/detention basins (subject to feasibility) to control the quality of stormwater run-off.
The Master Planning Contract aims to resolve all of the above issues and develop a Lawson Town Centre Masterplan that demonstrates the following:
S A village scale and form S Conservation of local heritage and character values S High quality architectural and urban design outcomes S An attractive and functional public domain area that functions as a focal area and can accommodate community events S Quality interrelationship between public and private domain S Active shop frontages to the street and other public areas S Accessibility S Functional road layout that minimises conflict with pedestrians S Excellent pedestrian amenity S Appropriately located parking at a number commensurate with demands of retailing and commercial floor space S Shop design and location that satisfies Lawson role in the Blue Mountains retail hierarchy and as a highway service centre. S Shop size and design layout that reflects industry needs and demands (eg. loading, storage and floor space) S Integrated and themed streetscape including street furniture, landscaping, paving, lighting, signage and public art. Page 26
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S Built and natural elements that represent an appropriate response to local climatic conditions. S Integration with urban design elements of the Highway upgrade and associated infrastructure S Accommodation and integration of bus bays and taxi rank S Development feasibility in terms of engineering design and construction S Other key values and considerations that emerge through the community consultation process
The Tender
Open Tenders were called in accordance with Council’s Tendering Guidelines for the Master Planning Contract
The tender was advertised in the Sydney Morning Herald on 22nd October and the Blue Mountains Gazette on the 23rd October 2002.
Tenders closed at 2.00pm, Tuesday 12th November 2002.
13 copies of the tender document and plans were issued to prospective tenderers. The following Tenders were received and are listed in order of price, with the lowest cost submission listed first and the highest cost submission listed last. The prices submitted are available on file for Councillor’s information.
S Synerventure Pty Ltd, Faulconbridge S Jackson Teece Chesterman Willis Pty Ltd, Sydney S Coneybeare Morrison and Partners, Sydney S Pba International Australia Pty Ltd, Milsons Point S Civitas Partnership, Chippendale. S Nobis Architecture and Building, Katoomba
Tender Evaluation
The role of the Tender Evaluation Panel (TEP) was to reach a collective judgement on the preferred tender based on an evaluation of the submission in accordance with the assessment criteria specified in the tender document and to recommend, as the preferred tender, the tender ranked first as a result of the evaluation process.
It should be noted that for tenders of this nature for Professional Services that the weighting of the price component is less than for construction or building contracts. The quality of the tender submission, the understanding of the brief and proposed methodology to achieve desired outcomes are critical factors for the success of the project and the assessment process.
The TEP requested representatives from the two highest ranked submissions to attend for an interview.
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Tenders were assessed using the following assessment criteria and weightings:
Criteria Weighting Skills and Qualifications 12.5% Technical Competence and Methodology 25.0% Experience 12.5% Capacity 12.5% Understanding Brief 12.5% Price 25.0%
Discussion
On the basis of the above criteria Civitas Partnership achieved the highest aggregated weighted score. Full details of the scores are available on file. The interview process reinforced the results of the weighted assessment and the TEP unanimously agreed that the Civitas bid was preferred and recommended.
Funding
The RTA will provide and has confirmed funding for the engagement of a Consultant to carry out the Master Planning of the Lawson Town Centre
Comment from the Tender Review Committee
The Tender Review Committee has reviewed the tender procedures and is satisfied as to the fairness of the process.
Conclusion
Based on the assessment of the submissions received, it is recommended that the tender submitted by Civitas Partnership for the Master Planning of the Lawson Town Centre, Contract No LTC01/02, for the lump sum price of $136,000.00 (exclusive of GST) be accepted by Council.
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PLANNING FOR A SUSTAINABLE FUTURE Ordinary Meeting, 3/12/02
ITEM NO: 11
SUBJECT: GRANTING OF EXEMPTIONS FROM SEPP 5 (HOUSING FOR OLDER PEOPLE AND PEOPLE WITH A DISABILITY) AND SEPP 53 (METROPOLITAN RESIDENTIAL DEVELOPMENT)
FILE NO: C00577
Recommendations:
1. That Council note that the Blue Mountains LGA has been exempted from State Environmental Planning Policy No. 5 – Housing for older people and people with a disability (SEPP 5); and continues to be exempt from State Environmental Planning Policy No. 53 – Metropolitan Residential Development (SEPP 53).
2. That Council implement ongoing monitoring of the outcomes of the Residential Development Strategy 2002 and Accessible Housing Strategy, reporting by the end of September each year on the new dwelling supply provided in the year to 30 June.
3. That Council formally acknowledge the collaboration with Planning NSW in achieving the exemption from these State Policies and, in particular, the work undertaken with the Department’s Assistant-Director, Metropolitan and Housing Policy since October 2000.
4. That Council state its intention to the Department that it will continue to seek opportunities to work in partnership with the State government to respond to issues raised by State policy in a manner which responds to local opportunities and constraints.
Report by Group Manager, City Sustainability:
Background
On 9 October 2002, the Local Member for the Blue Mountains, the Hon. Bob Debus, at the launch of the public exhibition phase of Draft Local Environmental Plan 2002 (Draft LEP 2002), announced that the State Government would:
S provide an exemption from State Environmental Planning Policy No. 5 – Housing for older people and people with a disability (SEPP 5) for the Blue Mountains; and S continue the exemption from State Environmental Planning Policy No. 53 – Metropolitan Residential Development (SEPP 53). Please refer to the Media Release from the Office of the Deputy-Premier (Attachment 1). Page 29
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Obtaining an exemption from both of these policies shifts the responsibility for the planning outcome from the State level to the local level. Council is now responsible, in partnership with the community and the State, for ensuring that an appropriate response is made to the housing needs of the community, in keeping with the aims of SEPP 5 and SEPP 53. Importantly, an exemption from these policies enables Council to respond to the relevant housing needs in a manner that takes account of local planning conditions and community preferences.
Both of these exemptions are made on the basis that:
S Council will bring Draft LEP 2002 into effect within a reasonable time frame, with monitoring arrangements put in place by PlanningNSW (the “Department”); S Council, in conjunction with its community, will work towards meeting its stated commitments in terms of providing appropriate housing for older people and people with a disability in suitable localities; and S Council will make provision, through the exhibition and finalisation of Draft LEP 2002, for a reasonable range of housing options that respond to the environmental and character attributes of the City, and its social support networks.
The Department confirmed in a letter of 31 October 2002 (see Attachment 2) that exemption from both State policies would be granted, stating that its decisions to grant exemption “are directly linked to the work undertaken by the Council to prepare DLEP 2002 and the supporting analysis presented in the Residential Development Strategy 2002”.
State Environmental Planning Policy No. 5
As previously reported to Council on a number of occasions, the Department has been supportive of Council’s general approach for local provision of housing for older people and people with a disability. The Department has confirmed this support for Council’s Accessible Housing Strategy by recommending that the Minister grant an exemption from SEPP 5. In notifying the Council of this decision, the Department stated:
The decision to grant the exemption from SEPP 5… is a direct recognition of the quality of Council’s work to design new controls that recognise the needs of its growing older population, including low and high care facilities, while protecting a significant range of heritage and environmentally significant areas. (Petula Samios, Director Local and Regional Planning, Metropolitan 31 October 2002) (refer to Attachment 2)
By a unanimous decision, Council resolved on 9 May 2000 to inform the Department of its intention to seek exemption from SEPP 5. Since this time, Council has progressed its proposal for exemption on the basis of the Accessible Housing Strategy, to be enacted through the relevant provisions of Draft LEP 2002. The Accessible Housing Strategy was endorsed by Council at its meeting of 30 April 2002, and outlines Council’s specific response to the housing needs of older people and people with a disability in the Blue Mountains community.
The exemption for Blue Mountains became law on 15 November 2002, when it was published in NSW Government Gazette No. 220 (refer to Attachment 3). Page 30
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The exemption from SEPP 5 will come into effect in two stages:
Stage 1: Interim exemption
While Draft LEP 2002 is in a draft form, interim provisions will provide partial exemption from SEPP 5 in the Blue Mountains. The interim provisions are in force as of 15 November 2002, and apply to all land within the City of Blue Mountains. These interim provisions will be in place until the draft plan is gazetted, and are an essential element to ensure a smooth transition period prior to gazettal.
Interim provisions were developed through collaboration with the Department on the basis of the Council resolution of 30 April 2002, which was:
That the General Manager be authorised to work with Planning NSW to identify the most beneficial timing and transitional arrangements for the exemption from SEPP 5 relative to the gazettal of Draft LEP 2002.
The interim provisions are legislated through the amendment to SEPP 5, gazetted on 15 November 2002 (Attachment 3). The Amendment generally provides that housing for older people or people with a disability, as allowed by SEPP 5, may only be developed within the Accessible Housing Areas as marked on Draft LEP 2002 Map Panel A. There are only two cases in which such development is not restricted to the Accessible Housing Areas:
1) Applications made by or on behalf the Department of Housing or a local government or community housing provider. These will be assessed completely under the provisions of SEPP 5 and are not affected by the draft plan or the finally gazetted plan.
2) Applications for the development of a residential care facility or hostel, or a ‘self- sustained development’ as defined by Draft LEP 2002. Such land uses will be permitted with consent in zones where the Draft LEP permits a dwelling house with consent, and will be permitted without consent in zones where the Draft LEP permits a dwelling house without consent (in the Blue Mountains there are no instances of the latter).
Applications that were made but not fully determined before the commencement of the Amendment are not affected by the Amendment. Such applications will be assessed completely under the provisions of SEPP 5, as has been the case since the commencement of SEPP 5 in the early 1980s.
It is to be noted that SEPP 5 housing will be subject to Rural Fires and Environmental Assessment Amendment Legislation Act 2002, which commenced on 1 August 2002. Council planning staff have advised the Department that on the basis of the Bushfire Prone Lands Map certified by the Commissioner of the NSW Rural Fire Service on 10 October 2002, a significant proportion of the City is bushfire prone land. Accordingly, it is anticipated that the development of any residential care facility, hostel or self-sustained development will need to comply with the requirements of Planning for Bushfire Protection and will require the concurrence of the NSW Rural Fire Service.
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Stage 2: Final Exemption
Once Draft LEP 2002 is gazetted (following the Minister’s review of the draft plan) full exemption from SEPP 5 will be sought. Council will be seeking at that time a final exemption which will allow the provisions of Draft LEP 2002 to apply in full. Draft LEP 2002 proposes to restrict all development of accessible housing to the Accessible Housing Areas, except where it is defined as ‘self-sustained development’ under the Draft LEP. An accessible housing development is classified as self sustained where it contains 50 or more dwellings (or more than 50 beds, for a residential care facility), and where it is shown that reasonable access to a range of services and facilities will be made available to residents of the development. Detailed controls are contained within clauses 103 to 108 of Draft LEP 2002, with self-sustained developments being described in clause 106.
In accordance with the Department’s Draft Exemption Guidelines, released in March 2001, exemption from SEPP 5 has not been sought to extend to development carried out by or on behalf of the Department of Housing, or a local government or community housing provider. Development applications for accessible housing lodged by or on behalf of these proponents will continue to be assessed wholly under the provisions of SEPP 5.
The detail and form of Council’s final exemption to SEPP 5 has not yet been confirmed by the Department. It is expected that these details will be confirmed closer to the gazettal of the draft plan.
The Department has suggested that increased incentives should be provided for residential care facilities and self-sustained development, by using development standards similar to SEPP 5. It was also requested that Council provide specific advice on submissions received to Draft LEP 2002 relating to the provisions for housing for older people and people with a disability, in its submission to Department under Section 69 of the Environmental Planning and Assessment Act, 1979.
Moratorium of SEPP 5 Development
In response to a Notice of Motion at its meeting of 28 May 2002, Council resolved to request the Minister for Planning to impose a moratorium on all SEPP 5 applications, including current applications, until the exemption from SEPP 5 is received and until DLEP 2002 is gazetted. To date, Council has not received any correspondence or feedback from either the Minister or Planning NSW on this matter.
State Environmental Planning Policy No. 53
Council initially obtained exemption from SEPP 53 in 1997, when the Residential Development Strategy (RDS) 1996 was submitted to the Department of Planning. If Council did not maintain this exemption, SEPP 53 would apply, permitting a dual occupancy (two dwellings on one parcel of land) on any parcel within a residential zone under LEP 4 or LEP 1991, providing the parcel had an area of at least 400m2 (where units are attached) or 600m2 (where units are not attached).
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Council’s initial exemption to SEPP 53 was on the basis that commitments made in the 1996 RDS would be achieved though Draft LEP 1997. With the review of Draft LEP 1997, it has been necessary to update the basis for exemption to SEPP 53. Accordingly, Council submitted Residential Development Strategy 2002 (RDS 2002) to the Residential Development Advisory Committee for consideration in January 2002.
RDS 2002 contains details of Council’s strategy to provide a range of alternative housing that meets the varying needs of its population consistent with our environmental constraints. Equally, the RDS provides the justification for a significant reduction on the area of land available for multi-dwelling housing (flats, terraces, villas etc) and dual occupancies. By endorsing the RDS, the Department has acknowledged that the Blue Mountains cannot be expected to accommodate Sydney’s future population growth, with the emphasis shifting towards providing housing choice. RDS 2002 maintains the strategies and enhances the outcomes that were central elements of RDS 1996, and is therefore consistent with the original decision to grant exemption from SEPP 53 for the Blue Mountains.
The Department has expressed the importance of achieving the diversity of housing proposed under RDS 2002, and thereby the importance of monitoring the outcomes of the strategy. The need for ongoing monitoring and reporting of outcomes was emphasised for both the Accessible Housing Strategy and Residential Development Strategy 2002. It was requested that Council report by the end of September each year on the new dwelling supply provided in the year to 30 June.
Conclusion
Both the SEPP 5 and SEPP 53 exemption represent a significant milestone for the outcomes sought by the community and Council through the Draft LEP 2002 process. In terms of the SEPP 5 exemption, the City of Blue Mountains is the third local government area in the State (behind Kogarah and Sutherland) to achieve the exemption and it is the first to do so on the basis of new or proposed planning controls in a comprehensive planning scheme.
The exemption mechanism provides legal recognition for Draft LEP 2002 through the provisions of SEPP 5. It was developed to ensure that the continued operation of SEPP 5 prior to gazettal of the draft plan did not undermine either the public planning process, or Council’s proposed model for this form of housing. By the same token, it was important that reasonable SEPP 5 proposals were not prohibited in the interim period, until such time as Draft LEP 2002 was gazetted. In effect, the Department’s position demonstrates a renewed commitment to ensuring that the interests of local communities should be a primary consideration at all levels of planning in NSW. Consistent with this, the Department will be giving particular consideration to any submissions made by the public in relation to the Accessible Housing Strategy before it recommends Draft LEP 2002 be made by the Minister.
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Such an outcome sets a precedent in the relationship between State Policies and local planning instruments and initiatives. It was the product of a long-term collaboration between planning staff from the Department and Council and it is recommended, in particular, that the contribution from the Assistant-Director, Metropolitan and Housing Policy, of Planning NSW be acknowledged. Finally, it is recommended that Council continue to seek opportunities to work with the State government to apply issues raised in State policy in a manner that responds to local opportunities and constraints. It is recommended that this intention be expressed to the Department in a letter.
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Attachment 1
MEDIA RELEASE
DEPUTY PREMIER MINISTER FOR PLANNING MINISTER FOR ABORIGINAL AFFAIRS MINISTER FOR HOUSING
9 October 2002
BLUE MOUNTAINS EXEMPTED FROM SEPP 5
The State Government has exempted Blue Mountains Council from State Environmental Planning Policy 5 (SEPP5) – the policy that requires local councils to provide appropriate housing for older and disabled people.
Blue Mountains is the third local government area behind Kogarah and Sutherland to successfully apply for exemption since the government released a clear set of SEPP5 exemption guidelines for councils in March this year.
Seven other NSW councils – Ashfield, Rockdale, Hurstville, Strathfield, Pittwater, North Sydney and Ku-ring-gai - have now also formally lodged applications.
Announcing the exemption today, Deputy Premier and Minister for Planning, Dr Andrew Refshauge, said Blue Mountains had demonstrated how it would provide for the housing needs of older and disabled people in the community.
“I am happy to exempt council from SEPP5 – and allow them to implement their own plan that will ensure this vulnerable group in the community is protected into the future.
“As part of its plan, Blue Mountains Council has requested that SEPP5 remain in 10 specified areas, where 80 per cent of Blue Mountains residents aged 55 and over live.
“These include Blackheath, Katoomba, Leura, Wentworth Falls, Lawson, Hazelbrook, Springwood, Winmalee, Blaxland and Glenbrook,” he said.
Dr Refshauge said that throughout the Government’s SEPP5 exemption process councils had requested a range of options - from total exemption to retaining the policy without any change.
“Given that it is now seven months since exemption guidelines were released and just 10 councils have applied - its suggests that most of the 51 Sydney council areas are successfully meeting the housing needs of their older and disabled residents,” he said.
Member for Blue Mountains, Bob Debus, today welcomed the announcement and congratulated Council for their work to create a custom designed approach to the local area. Page 35
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Attachment 1
“Blue Mountains Council has worked hard and responsibly to identify the housing needs of its residents – young and old.
“This exemption means that housing for those over 55 and for those with a disability will only be able to be built in tightly defined zones identified by Council – called “accessible areas”.
“These areas are confined to 10 out of the 26 Mountain townships – with access to transport, medical care, shopping and recreation.
“I’d like to congratulate council for its work in identifying these areas – the new approach will mean better planning and greater certainty for all Blue Mountains residents,” Mr Debus said.
Contact: Lisa McLean 02 9228 4499 or 0402 313 078 Page 36
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Attachment 2
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Attachment 2
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Attachment 3
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Attachment 3
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Attachment 3
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Attachment 3
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PLANNING FOR A SUSTAINABLE FUTURE Ordinary Meeting, 3/12/02
ITEM NO: 12
SUBJECT: DRAFT VISION FOR THE BLUE MOUNTAINS
FILE NO: C05971
Recommendations:
1. That Council notes the results of the Community Survey conducted by IRIS Research assessing community response to the Draft Vision, Key Directions and Outcomes for the Blue Mountains.
2. That Council endorses the minor changes to the Draft Vision for the Blue Mountains (outlined in Attachment 2) made in response to community and external stakeholder input.
3. That Council endorses the amended Draft Vision for the Blue Mountains to guide the development of the Course of Action for the City Strategy.
Report by Group Manager, City Sustainability:
Introduction
At the Council meeting of 10 September 2002 Council resolved to place the Draft Vision for the Blue Mountains on Public Exhibition from 25 September 2002 to 25 October 2002. Analysis of responses and submissions received from the community and external stakeholders is now complete and this report outlines the results of this work for Council’s consideration in endorsing the Draft Vision as the Vision for the Blue Mountains.
1. Draft Vision Community Survey Conducted by Iris Research
During the Public Exhibition of the Draft Vision for the Blue Mountains, IRIS Research conducted a survey of a randomly drawn sample of 501 residents by gender, age and area.
Overall, the results of this survey show that respondents generally accepted (in principal) the Draft Vision document. The following points have been summarised by IRIS Research in their Management Report, Blue Mountains City Council Community Survey – Response to the Draft Vision, Key Directions & Outcomes (November 2002), enclosed separately for the information of Councillors.
1.1 General acceptance of the Draft Vision document
S The majority of respondents (71%) who had read the Draft Vision statement on page 4 of the Draft Vision booklet felt that it described the sort of place where they would like to live. Page 43
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S Likewise the majority (69%) of respondents who had read the entire booklet stated that they would be happy for it to be used as a reference in guiding future decisions,
1.2 Response to specific outcomes
S Response to the 45 outcomes tested in the survey was also generally very positive. Forty of the 45 outcomes had a mean importance score in the high to very high range, confirming that the document has covered those areas the community considers high priorities for the future.
S The environmental outcomes stated in the booklet were considered most important with six of the top ten priority outcomes relating to the environment.
S Key Directions for the other four focus areas shared about equal importance in the minds of respondents, although there was evidence that Moving Around was slightly more important than Working and Learning.
1.3 General feedback and suggestions
S Overall there were very few negative comments about the actual vision, key directions and outcomes presented in the Draft Vision booklet. Generally comments related to issues already covered in the draft, with respondents merely wanting to reiterate the importance of the issue to them personally.
S Of the 5.6% of respondents that did make a negative comment about the content of the booklet, most remarks related to the perception that the contents were “too general” or “not specific enough” with some respondents indicating they were not comfortable with the language used.
S Six per cent of respondents made negative comments about Council. Whilst these perceptions were not directly related to the Draft Vision, Key Directions and Outcomes, such negative comments about Council have the potential to impact on the success of the City Strategy in the community’s minds. The issues about Council raised by these respondents will be seriously considered in the Course of Action phase.
2. Response from external stakeholders
Several external agencies were asked to comment on the Draft Vision. To date seven of these agencies have responded. Copies of their responses are enclosed separately. All of these agencies have generally confirmed that the Draft Vision, Key Directions and Outcomes are supported and consistent with their own aims and objectives. Other agencies have requested an extension of time to prepare their response.
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3. Use of the City Strategy website
As well as hard copy distribution of the Draft Vision document to Council offices, libraries and to Blue Mountains households, a copy of the Draft Vision document, the Challenge document and all other supporting information for the City Strategy was made available on the website www.ourfuturebluemtns.nsw.gov.au.
During October 2002 a total of 3,500 documents including the Draft Vision document and the Challenge were accessed via the website.
4. Response from the Draft Vision package distributed to households, Council offices and libraries
A package containing an information leaflet, a reply paid response form and the Draft Vision document was distributed to Council offices, libraries and Blue Mountains households during the Public Exhibition period. A total of 1,350 residents returned the reply paid response form in the exhibition period. The following summarises the results of the response:
S Overall the acceptance of the Draft Vision as a guiding document for the future of the Blue Mountains was very high. The table at Attachment 1 shows the percentage of residents expressing satisfaction with the Vision Statement and the Key Direction Statements for the five focus areas.
S Again, as in the IRIS Research survey, many residents in responding took the opportunity to raise specific issues, including how the Vision would be translated into reality given particular challenges for the Blue Mountains and for Council.
Specific issues of concern raised by only a minority included: - Document too vague lacking in detail (2% or 30 responses) - Ability of Council and other agencies to implement the vision (2% or 24 responses) - Waste of money (2% or 24 responses) - Need for ongoing consultation/ better decision making by Council (1% or 15 responses)
Other issues soliciting 30 or more responses included: - Importance of focusing on environment (16% or 214 responses) - Development within existing areas (4% or 58 responses) - Reduce trucks on Highway (4% or 55 responses) - Need to focus attention on bushfire issues (4% or 50 responses) - Protecting the character / identity of urban areas (4% or 50 responses) - Diversify local economy to provide jobs (3% or 42 responses) - Promote public transport (3% or 39 responses) - Rehabilitate bush within and around villages (3% or 38 responses) - Limit increased density housing (3% or 38 responses) - Care for young people (2% or 33 responses) - Promote green design/ technologies such as water tanks (2% or 31 responses) - Develop cultural facilities (2% or 30 responses) Page 45
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A table at Attachment 2 shows the minor changes recommended as a result of the response to the Draft Vision for the Blue Mountains being on Public Exhibition.
Conclusion
The community’s response to the Draft Vision for the Blue Mountains reinforces the results obtained from extensive community consultation over the last 18 months, through Council’s Community Survey, workshops, community events and exhibitions.
A ranking of the Draft Vision outcomes in the IRIS Research Management Report (p. 11) shows the protection of the natural environment continues to be most important for Blue Mountains people. Outcomes that relate to distinctive towns and villages, looking after people, and local employment are also ranked highly. What’s important to Blue Mountains people covers environmental, social and economic concerns, which together represent recognition from the community that there is a need to work towards a more sustainable Blue Mountains. Significantly the Draft Vision outcome “Children learn about sustainability in their schools” ranked number 10 out of the 45 outcomes with several other outcomes relating to sustainability also ranking highly.
Consultation at the Stakeholder Forum “Towards a More Sustainable Future” conducted at Lawson on 29 June 2002 indicated that many Blue Mountains people accept the need to consider sustainability in thinking about and planning for the future. This theme has been further endorsed by the overall results of the public exhibition of the Draft Vision. It is proposed that two to three outcomes focusing specifically on the achievement of a more sustainable Blue Mountains will be drafted for Council consideration as part of the City Strategy Course of Action, which will translate the Vision for the Blue Mountains into action. Such outcomes will address the integration of the different focus areas to achieve sustainability as well as the important areas of governance, leadership and asset management.
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Attachment 1
Summary Response to Draft Vision Package sent to Blue Mountains Households September 2002 100 92.2 90.2 88.7 90.1 92.4 90 86.2
80
70
60
50 Agree
Percentage 40 Disagree 30
20 13.8 11.3 9.9 7.8 9.8 7.6 10
0 nt nt le d d g e e op an un in em nm e L ro rn at o P ng A ea St vir si g / L n n U vin g io E o kin is M or V W Page 47
PLANNING FOR A SUSTAINABLE FUTURE Item 12 - Ordinary Meeting, 3/12/02
Attachment 2
Proposed Changes to Draft Vision
Draft Vision Key Directions and Outcomes Proposed Change in italics and bolded Draft Vision In 2025 we live in vibrant, healthy communities. No proposed change Our towns and villages are distinctive and contained. We have maintained the bush between our settlements and protected the World Heritage environment that surrounds us.
Our local economy is strong, providing employment and educational opportunities appropriate to our location in a World Heritage Our local economy is strong and diversified, area. providing employment and educational opportunities appropriate to our location in a World Heritage area. We promote safe accessible and environmentally responsible ways for people to get where they need to go. Caring for each other, we sustain our No proposed change communities. We use our available resources wisely, ensuring their fair distribution.
We celebrate the rich creativity, culture and heritage of the Blue Mountains. No change proposed
People of all races and creeds are respected and enjoy equal rights. We honour and acknowledge the Aboriginal presence in the Blue Mountains. People of all cultures and backgrounds are respected and enjoy equal rights. We honour and acknowledge the Aboriginal presence in the Blue Mountains. We have enhanced our Blue Mountains identity while forging strong regional partnerships. Our civic and community leadership and governance No change are inspirational – at one with community.
The Blue Mountains is recognised as a centre of excellence for sustainable living and sustainable communities. The Blue Mountains is recognised nationally and internationally as a centre of excellence for learning about sustainable living and sustainable communities.
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PLANNING FOR A SUSTAINABLE FUTURE Item 12 - Ordinary Meeting, 3/12/02
Attachment 2
Looking after Environment
Draft Key Direction
We value our surrounding bushland and the No change proposed World Heritage National Park. Recognising that the Blue Mountains natural environment is dynamic and changing, we look after and enjoy the healthy creeks and waterways, diverse flora and fauna and clean air. Living in harmony with the environment, we care for the ecosystems and habitats that support life in the bush and in our backyards. We conserve energy and the natural resources we use and reduce environmental impacts by living sustainably.
Draft Outcomes
The Blue Mountains natural environment is No change proposed protected and conserved
C The diversity of native flora and fauna is maintained No change proposed
C The health of waterways and water catchments is improved No change proposed
C We have clean air No change proposed
The impact of existing and new development on the environment is managed No change proposed
C Development is contained within the C existing urban footprint Appropriate development is contained within the existing urban footprint and the bushland between towns retained C New development is limited by the capacity of the environment and No change proposed infrastructure to sustain it
C C The impact of existing and new The impact of existing and new development is reduced development on the environment is reduced
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PLANNING FOR A SUSTAINABLE FUTURE Item 12 - Ordinary Meeting, 3/12/02
Attachment 2
Blue Mountains people live sustainably in Blue Mountains people live sustainably in harmony with environment harmony with the natural environment
C Levels of household waste are reduced C Levels of household waste are reduced and low consumption lifestyles and low consumption environmentally encouraged aware lifestyles encouraged
C Households are bushfire ready and C Households are bushfire aware and environmentally aware prepared and our Emergency Services resourced to deal with natural threats C Community and Council work in partnership to conserve resources and No change proposed protect environment
Looking after People
Draft Key Direction
We value our strong connected communities that No change proposed support people throughout their lives from childhood to old age. We have safe, healthy environments in which people can live, work and play. Blue Mountains people have access to an appropriate range of services and facilities. Housing that is relevant to our population is available. Young people in the Blue Mountains have hope for the future. We nurture our sense of community through interacting and helping each other.
Draft Outcomes
The health and well being of Blue Mountains No change proposed people are improved
C C Safe, healthy and creative lifestyles are Safe and healthy lifestyles are promoted promoted C C People of all ages have access to a range People of all ages have access to a range of recreational, sporting and cultural of recreational and sporting opportunities opportunities C C People of different life stages have People of different life stages have access to needed services, facilities and access to needed services and facilities work opportunities
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PLANNING FOR A SUSTAINABLE FUTURE Item 12 - Ordinary Meeting, 3/12/02
Attachment 2
Services and facilities are accessible and fairly No change proposed distributed
C Services and facilities are located optimally to maximise access and No change proposed benefits
C There is increased housing choice to meet diverse housing needs No change proposed
C Resources are fairly allocated No change proposed
Blue Mountains communities are safe, caring and inclusive No change proposed
C Community safety in public and private spaces is improved No change proposed
C The population has a healthy balance of people of different ages and income No change proposed levels
C Individuals and organisations support those in need within our community No change proposed
Using Land for Living
Draft Key Direction
We use our land to live in harmony with the We use our land to live in harmony with the environment. We have created vibrant liveable environment. We have created vibrant liveable places and spaces for people of all ages and places and spaces for people of all ages and abilities to meet and play. We value the distinct abilities to meet and play. We value the distinct identities of our villages and towns and the identities of our villages and towns and the bushland between them. Our cultural and built bushland between them. Our cultural and built heritage is important. Within the capacity of our heritage is important. Within the capacity of our natural and built environments, we have natural and built environments, we have encouraged development in larger town centres encouraged development in larger town centres where there is access to public transport. where there is access to public transport. Through innovative urban design and planning the Blue Mountains has become a place renowned for its liveable and beautiful spaces.
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PLANNING FOR A SUSTAINABLE FUTURE Item 12 - Ordinary Meeting, 3/12/02
Attachment 2
Draft Outcomes
A strong sense of local identity and place is No change proposed created
C The distinctive qualities of our towns and C The distinctive qualities of our towns and villages are strengthened villages which enhance local identity and sense of place are strengthened
C A strong Blue Mountains sense of place A strong “Blue Mountains” sense of place is is recognised recognised
C Innovative urban design creates inspiring No change proposed places where people want to be
Well managed infrastructure supports No change proposed sustainable living
C The condition and capacity of existing No change proposed infrastructure are understood
C Innovative infrastructure solutions No change proposed support sustainable living
C Safe healthy and clean living No change proposed environments are provided
The liveability and vibrancy of our towns and villages are strengthened No proposed change
C C Vibrant town and village centres offer a Vibrant town centres offer a range of range of appropriate services and services and home/work opportunities home/work opportunities
C New development occurs within the No proposed change capacity of the environment and existing infrastructure
C Housing choices are provided in No proposed change accessible locations close to town centres
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PLANNING FOR A SUSTAINABLE FUTURE Item 12 - Ordinary Meeting, 3/12/02
Attachment 2
Moving Around
Draft Key Direction
We value safe and accessible pathways of travel No change proposed that improve our connections with our destinations and each other. We have choices for safe and environmentally friendly transport including networks of walkways and cycleways integrated with reliable and accessible public transport. Through better management and creative urban design the Great Western Highway is a safe and beautiful parkway that adds to our amenity and World Heritage identity.
Draft Outcomes
Safe environmentally friendly transport No change proposed choices promote healthy lifestyles
C Networks of accessible public transport, walkways and cycleways are linked No change proposed
C Developments with reduced reliance on cars are encouraged No change proposed
C Active healthy lifestyles are promoted through increased walking and cycling No change proposed opportunities
The safety and amenity of the Great Western Highway are improved No change proposed
C Transport links are developed between villages as an alternative to the highway No change proposed
C Regional transport responses reduce the impact of through traffic on towns and No change proposed villages
C The Great Western Highway is designed as a safe and beautiful parkway, adding No change proposed to our amenity and World Heritage identity
The ability of people to connect with each other and access services is improved No change proposed
C Services and facilities are located in the most accessible locations No change proposed
C The needs of those unable to access transport are met No change proposed
C Accessible pathways of travel lead to accessible buildings and public spaces No change proposed
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PLANNING FOR A SUSTAINABLE FUTURE Item 12 - Ordinary Meeting, 3/12/02
Attachment 2
Working and Learning
Draft Key Direction
We value business and industries that are in No change proposed harmony with our World Heritage environment. We are recognised as a centre of excellence for sustainability that creates significant employment and educational opportunities. Through responsible economic development, we have strengthened our local economy. We are a leader in sustainable tourism practices. Young people are attracted to work, live and study in the Blue Mountains. Building on our rich cultural landscape and inspirational natural environment, we are an exciting centre of culture and creativity.
Draft Outcomes
The local economy is strengthened and No change proposed diversified
C Our focus on sustainability drives the creation of local employment No change proposed opportunities
C The Blue Mountains is a centre of culture and creativity No change proposed
C The Blue Mountains drives sustainable C The Blue Mountains leads sustainable regional development regional development that supports employment opportunities for local people The Blue Mountains is a model for sustainable business and industry No change proposed
C The Blue Mountains is a leader in responsible and sustainable tourism No change proposed
C Accreditation in sustainable business practices is available No change proposed
C Local businesses and shops are supported and strengthened No change proposed
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PLANNING FOR A SUSTAINABLE FUTURE Item 12 - Ordinary Meeting, 3/12/02
Attachment 2
A culture of lifelong learning is nurtured in the No change proposed Blue Mountains
C Learning opportunities are created for No change proposed Blue Mountains people
CCentres for learning and skills No change proposed development contribute to a robust economy
COur children learn about sustainability in No change proposed their schools
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PROVIDE GOOD GOVERNMENT Ordinary Meeting, 3/12/02
ITEM NO: 13
SUBJECT: DELEGATION OF AUTHORITY DURING THE CHRISTMAS AND NEW YEAR RECESS
FILE NO: C01055
Recommendations:
1. That Council appoint a Committee comprising of the Mayor and General Manager (or in his absence the person acting as General Manager) to deal with and determine urgent matters arising during the recess of Council between 4 December 2002 and 27 January 2003, in such cases applying Council’s codes and policies, or where no such policies exist, discretion is exercised.
2. That the Committee only determine matters specifically relating to a Ward of Council after consulting with the relevant Ward Councillors.
Report by General Manager:
Council will be in recess from 4 December 2002 to 27 January 2003, it’s next scheduled meeting being 28 January 2003.
Council has provided the General Manager with extensive delegations. The delegations are limited by the Local Government Act and specific exceptions and limitations specifically imposed by the Council. However, given the length of time between Council meetings, it is considered appropriate to delegate authority during the recess to a Committee comprising the Mayor and General Manager to deal with urgent matters arising. In unforeseen circumstance where such a matter may arise, the Committee will apply Council’s codes and policies, and where no policy or code exists, the Committee will exercise due caution in dealing with the matter. The proposed delegations do not override the restrictions imposed by the Local Government Act.
In addition, it is also considered appropriate that in cases where the urgent matter is specific to a particular Ward the Committee prior to making its determination will consult the relevant Ward Councillors.
In the unlikely event that the Committee needs to exercise the proposed delegation and determine an urgent matter, all Councillors will be notified of the determinations in the Councillor Bulletin that issues after the decision is made.
It should be noted that Council delegated the same powers to the Committee for the 2001-02 recess but the Committee was not required to exercise such delegation.
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PROVIDE GOOD GOVERNMENT Ordinary Meeting, 3/12/02
ITEM NO: 14
SUBJECT: SUBMISSION OF RETURNS OF INTEREST
FILE NO: C02658
Recommendation:
That the Register of Returns of Interest under Section 450A of the Local Government Act 1993 be tabled.
Report by General Manager:
Section 450A of the Local Government Act 1993 requires that Returns of Interest under Section 449 of the Act lodged by recently appointed staff be tabled at the first meeting of Council held after the last day for lodgement of the returns.
The Register of Returns of Interest by recently appointed staff will be tabled at this Council Meeting.
In accordance with Section 450A of the Act the Register will be available for inspection by members of the public during any adjournment of the Meeting or at the close of the Meeting. The Register will also be available for inspection at the Administrative Offices, Katoomba during office hours.
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QUALITY LOCAL GOVERNMENT Ordinary Meeting, 3/12/02
ITEM NO: 15
SUBJECT: LAND PURCHASE - LOTS 1 AND 2 SECTION 1 DP 6477, 69-71 BELMORE ROAD, KATOOMBA
FILE NO: A76451
Recommendations:
1. That Council purchase Lots 1 and 2 Section 1 in Deposited Plan 6477, 69-71 Belmore Road, Katoomba for $3,000 per lot plus reasonable costs and on acquisition classify as Operational Land.
2. That the Common Seal of Council be affixed to any necessary documents
Report by Group Manager, Corporate Policy:
At its meeting on 8 October Council considered a report on the subject land and resolved:
“1. That Council seeks to purchase Lots 1 and 2 Section 1 in Deposited Plan 6477, 69-71 Belmore Road, Katoomba for $3,000 per lot and meet all reasonable costs and charges associated with this matter.
2. That in accordance with the provisions of Section 34 of the Local Government Act, 1993 Council give notice of its proposal to acquire Lots 1 and 2 Section 1 in Deposited Plan 6477, 69-71 Belmore Road, Katoomba and to classify them as Operational Land.”
This report recommends the finalisation of the process of acquisition and classification.
Background
The subject parcels of land are zoned Residential Bushland Conservation (8ha) under Local Environmental Plan 1991. There is a small portion of environmental constraint area covering the land towards the Letitia Street boundary. Access is the major constraint on this property as Belmore Road is not constructed and North Street is unformed. Also, access from Letitia Street is difficult due to the substantial difference in levels between the street and the land in question.
Although sewer and water lines are available in Letitia Street, these services are not available at the subject land. The land is located outside the Sydney Water's subsidised effluent removal program. Lot 1 has an area of approximately 1,215m2 and Lot 2 has an area of approximately 1,487m2, the total of which is in the order of 2,702m2 being significantly less than a minimum of 4,000m2 of usable land area required under Council's Development Control Plan No 13 for an onsite effluent disposal system.
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QUALITY LOCAL GOVERNMENT Item 15 - Ordinary Meeting, 3/12/02
The owner is claiming hardship due to ongoing rates and charges and is unable to sell the land due to its constraints. The owner has made an offer to sell the land to Council for $3,000 per lot subject to Council meeting all reasonable costs associated with the matter. This offer compares favourably with a valuation conducted by an Independent Registered Valuer.
Although Council is not obliged to purchase these parcels of land under the present zoning, funds are available for this acquisition from the NSW State Government’s seed grant fund that was granted to assist Council in purchasing land affected by environmental constraints.
At this stage the constraints associated with the land make it difficult and expensive for any development proposal. However, if utility services are connected and vehicular access is available, the land will become developable and can be sold. For this reason, it is recommended that the subject land be purchased and classified as Operational.
Report
Pursuant to section 34 of the Local Government Act 1993 the proposal to acquire the land and classify it as Operational Land was advertised in the Blue Mountains Gazette. Any person wishing to make a submission to Council on the proposal was invited to do so in writing within the 28 day period. No submissions have been received.
Conclusion
As the funding for this purchase is available and no submission received it is therefore now appropriate, being the next step in the process, for Council to proceed with the purchase and confirm its intention to classify the land as Operational Land.
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QUALITY LOCAL GOVERNMENT Item 15 - Ordinary Meeting, 3/12/02
Attachment
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QUALITY LOCAL GOVERNMENT Ordinary Meeting, 3/12/02
ITEM NO: 16
SUBJECT: SCHEDULE OF INVESTED MONIES
FILE NO: C00694
Recommendation:
That the Schedule of Invested Monies as at 31 October 2002 be received.
Report by Group Manager, Corporate Policy:
This report is submitted for the purposes of financial accountability and in satisfaction of the Financial Regulations under the Local Government Act, 1993. The Schedule of Council’s Invested Monies as at 31 October 2002 is attached for information.
Interest returns on Council's investments are above those budgeted due to a better than anticipated cash position for this part of the financial year.
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QUALITY LOCAL GOVERNMENT Item 16 - Ordinary Meeting, 3/12/02
Attachment
BLUE MOUNTAINS CITY COUNCIL
SCHEDULE OF INVESTED MONIES
Report prepared to 31st October, 2002
Return Return Current Investment Institution and Fund for Year to Fixed Value Month Date Rate Commonwealth Bank of Australia * 4.14% 4.14% $4,447,030 National Australia Bank – Offset * 4.06% 4.06% $3,669,409 National Australia Bank - Call a/c N/a N/a Variable $2,750,000 Macquarie Bank – Diversified 4.81% 5.27% $2,215,653 Treasury Deutsche Bank – Cash Plus Fund 3.71% 4.91% $1,122,362 Illawarra Mutual Building Society – 5.36% Variable $1,000,000 Term ** UBS Cash-Plus 4.57% 4.89% $2,025,514 Total $17,229,968 UBSWA Bank Bill Index 5.06% 4.67%
* These investments are in a loan offset facility with a 0.15% p.a. differential. This equates to a net debt service cost of $1,500 per $1 million placed in this facility, or a total of $13,500 p.a. based on the current level of funds invested. ** Interest paid quarterly
Interest Income to date - Budget vs Actual
Financial Year to Date Budgeted Return $201,333 Council’s Actual Return $248,825
I certify and report that the Schedule of Invested Monies listed above describes all Council’s funds invested by virtue of Section 625 of the Local Government Act, 1993. The monies referred to in this Schedule are invested in accordance with the Act, Regulation 19(3) to the Act and Council Policy.
Wayne Rogers Responsible Accounting Officer
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QUALITY LOCAL GOVERNMENT Ordinary Meeting, 3/12/02
ITEM NO: 17
SUBJECT: SALE OF COUNCIL LAND - LOTS 33, 34 AND 35 DEPOSITED PLAN 29859, 104-108 KENT STREET, BULLABURRA
FILE NO: A49923. A72459
Recommendations:
1. That Council sell Lots 33, 34 and 35 in Deposited Plan 29859 at 104-108 Kent Street, Bullaburra to the owner of the adjoining land being Lot 322 in Deposited Plan 578956 at 88-92 Kent Street, Bullaburra in accordance with the terms and conditions outlined in this report.
2. That the Seal of Council be affixed to any documents relating to this matter.
Report by Group Manager, Corporate Policy:
The owner of Lot 322 Deposited Plan 578956, 88-92 Kent Street, Bullaburra is interested in purchasing Council owned land being Lots 33, 34 and 35 Deposited Plan 29859 at 104-108 Kent Street, Bullaburra which adjoins his land. As the land in question is surplus to Council’s requirements, this report recommends that Council commence action to sell the land.
A plan showing the location of the properties is attached.
Background
An enquiry regarding the possibility of purchasing Council land at 104-108 Kent Street, Bullaburra was received from people intending to purchase the adjoining land. It is operational policy that when a request of this nature is received the owners of land immediately adjoining Council land are notified to ascertain if they have any interest in purchasing Council land.
Letters were sent to the adjoining owners and the owner of 88-92 Kent Street (Lot 322 Deposited Plan 578956) replied that he would like to purchase Council land. The person, who made the original enquiry, withdrew his interest in the land, as his purchase was not proceeding.
Report
The subject parcels of land are zoned Residential Bushland Conservation (No Subdivision) (2000). The area of the three parcels is approximately 2500 square metres. This land would be affected by Development Control Plan 13 (DCP No.13), which means that at least 4000 square metres of land is required for onsite disposal of waste water. The land is classified as Operational Land under the Local Government Act 1993. The land is surplus to Council requirements and has been held for consolidation purposes.
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QUALITY LOCAL GOVERNMENT Item 17 - Ordinary Meeting, 3/12/02
The owner of 88-92 Kent Street, Bullaburra has agreed to the following terms and conditions:
CAn independent Registered Valuer be appointed to assess the fair market value of the land and the valuation will be the basis for agreement on a sale price for the land. CThe valuation cost will be shared on 50:50 basis between the owner of 88-92 Kent Street, Bullaburra and Council. CThe owner of 88-92 Kent Street, Bullaburra make the necessary arrangements for his land at 88-92 Kent Street (being Lot 322 in DP 578956) to be consolidated with Council land at 104-108 Kent Street, Bullaburra (Lots 33, 34 and 35 in DP 29859) before settlement of the purchase. CBoth parties will meet their own legal costs associated with this matter. CThe purchaser will meet all consolidation and survey costs relating to this matter.
Conclusion
The subject land is surplus to Council’s requirements. The total area of the three lots is approximately 2500m2, which is sufficient for a residence to be erected within land zoned Residential Bushland Conservation (No Subdivision) (2000). However, the total area of Council land is insufficient for on-site disposal as required under DCP No.13. This means that the land is not suitable for separate development while there is no sewer available. It is recommended that the land be sold and consolidated with the adjoining land to achieve the underlying objective of the local town-planning scheme being Residential Bushland Conservation (No Subdivision).
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QUALITY LOCAL GOVERNMENT Item 17 - Ordinary Meeting, 3/12/02
Attachment
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QUALITY LOCAL GOVERNMENT Ordinary Meeting, 3/12/02
ITEM NO: 18
SUBJECT: PRESENTATION AT THE CITY OF SANDA, JAPAN – ECOTOURISM/EDUCATION COMMUNITY GARDEN/PARK
FILE NO: C00050
Recommendations:
1. That the information contained in this report be received and noted.
2. That Council support in principle the concept of the ecotourism/education community garden/park proposal as outlined in this report.
3. That investigation be carried out to identify land suitable for the purpose of the ecotourism/education community garden/park and to assess the proposal’s feasibility, and the outcomes be reported back to Council for further consideration.
Report by Group Manager, Corporate Policy:
In March 2002, Council’s Manager, Corporate Property Management and Governance, Mr. Tan Vo, presented a paper on a hypothetical development opportunity - a tourism/education community garden/park that could maximize the management and use of Community Land, minimize cost to Council and benefit the local community at the 2002 International Forum for the Revitalisation of Cities and Residents of the Northern Hanshin Area, Japan.
The purpose of this report is to provide Council with essential information on the proposed tourism/education community garden/park together with its community benefits and to seek council’s support in principle to investigate land that may be suitable for the project and report back to Council for consideration.
Background
Following receipt of an invitation form the City of Sanda, Japan Council staff in March 2002 participated in an ecotourism study tour conducted by the City of Sanda, Japan through its local community committee. Through this process, Council staff provided the City of Sanda with professional and technical advice on a range of issues relating to tourism activities and community involvement that would need to be addressed in the development of the long term strategies for the City of Sanda. As mentioned in the Mayoral Minute earlier, this assistance of Council to its sister city has been recognized and an award has recently been given to Council at the Australian Sister City Association Conference in Bendigo in October 2002.
In addition to above, Council staff presented a paper at the 2002 International Forum for the Revitalisation of Cities and Residents of the Northern Hanshin Area, Japan. This presentation had two parts. The first part was to provide audience with a showcase on how modern technology could be used to map a tourist destination and promote local attractions.
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QUALITY LOCAL GOVERNMENT Item 18 - Ordinary Meeting, 3/12/02
The second part of the presentation discussed a hypothetical development opportunity - a tourism/education community garden/park suggesting that the Blue Mountains competitive advantages could be capitalized by Council’s leadership through appropriate business plans, tourism strategies and tourist channels, networks and facilities. The paper suggested a way that could maximize the management and use of Community Land, minimize cost to Council and benefit the local community.
The paper was also presented to the Blue Mountains Sister Cities Committee in July 2002 and to Councillors at a briefing session in October 2002. Members of the Sister Cities Committee and Councillors presented at the briefing session requested that the development concept presented in the paper be reported to Council for information and for endorsement in principle so that appropriate actions can be carried out to investigate and report details of suitable land back to Council for consideration.
Report
A copy of the paper presented at the 2002 International Forum for the Revitalisation of Cities and Residents of the Northern Hanshin Area, Japan is enclosed for Councillors’ perusal. The paper contains four main elements:
Ckey issues regarding ecotourism, Ctourist and ecotourist profiles, Cpartnership benefits, and Can ecotourism project that would deliver substantial benefits to the community through partnership between the government at different levels, the community, sister cities and investors.
From the research relating to the four elements outlined above, the paper highlighted the unlimited opportunities for tourism development based on the Blue Mountains unique characters, its setting within a world heritage national park, and the many wonders of the Blue Mountains as well as opportunities for cultural exchange and environmental management challenges. The research paper suggested that from a Blue Mountains perspective, any tourism plans must include the provisions of urban and non-urban characteristics of its village towns, employment opportunities, economic viability and environmental sustainability.
The paper reconfirmed people’s awareness of many important issues relating to ecotourism. These issues can be summarized as follows:
CTourism is one of the largest industries in the world CEcotourism is growing at a higher rate than general tourism CThe challenges are no longer about managing growth, but being sustainable CSustainability refers to meeting the needs of the present generation without compromising the ability of future generations to meet their own needs – socially, economically and environmentally. CEcotourism is sensitive to local issues; therefore requires a strong partnership with the local community, the local business sectors and the government at all levels. CThe increasing popularity of ecotourism activities in an area could potentially create threats to the environment such as being overused, habitat degradation, soil erosion, impact on vegetation, impact on water quality and crowding impact. Page 67
QUALITY LOCAL GOVERNMENT Item 18 - Ordinary Meeting, 3/12/02
CThe challenges for local councils are how to manage ecotourism activities in a way that respects and conserve the local environment with minimal “spill-over” effects.
The paper also acknowledged that tourism and ecotourism are sensitive to local issues, it is necessary for local government to consult with the local community and invite participation from local residents as far as possible to ensure outcomes that meet community expectations. In many cases, partnership arrangements are crucial in the process of engaging community members and representatives from the local business sectors to achieve democracy and ownership of the project. Council’s proactive approach in engaging community involvement for supports and endorsement right at the outset of the planning phase would make the project more manageable and deliverable.
The Community Garden Proposal
A topic that drew a considerable attention from the audience at the International Forum was the ecotourism/education community garden/park proposal. This proposal aimed at establishing a facility comprising:
CInterpretative walking tracks dictating the Australian history, aboriginal cultures and community arts CA community garden that acknowledges the Australian landscape design CA Japanese garden together with a tea house that facilitates cultural exchange opportunities and a focal point for social interactions CExhibits of wonders around the world (scale 1:40) that provide education programs for visitors as well as local students and residents.
Details of the community garden proposal can be summarized as follows:
CObjectives: “Working Towards Sustainability” by achieving the highest and best use of Community Land at minimum cost to Council for the benefits of the local community and the Blue Mountains tourism industry. The aim was also to complement the Blue Mountains ecotourism industry.
CResources: An under-used parcel of Community Land having an area of approximately 3 hectares. Other resources included financial, information and human resources together with government and community support.
CTheme: The theme of the project was to “Explore the world in a World Heritage National Park”.
CFunding: by securing potential funding/grants from the government at higher levels, attracting investment/contribution from sister cities and/or private sector. Page 68
QUALITY LOCAL GOVERNMENT Item 18 - Ordinary Meeting, 3/12/02
CInitiatives: The concept of the project came from previous local council’s experience. More importantly, it was evidenced that the Blue Mountains had lack of man-made attractions complementing its natural wonders and requires more facilities for the local community and visitors. It was about searching for a proposal that would lead to employment opportunities and economic stability for the local area.
The research paper included a preliminary financial analysis showing that the proposed community garden park would be feasible and that its multiply effects to the local economy and to the Blue Mountains ecotourism industry would be substantial. The benefits derived from this proposal could be summarized as follows:
CA tool that promotes tourism in Blue Mountains and strengthen sister cities relationship CA potential partnership between the community, sister cities, government at all levels CA cultural exchange point and a community meeting place CAn educational facility for the local community CA low-scale development that complements Blue Mountains ecotourism CA project that works towards “Sustainability” CBetter use of public land CMinimise costs and liabilities associated with the management of Community Land CPotential sources of income for other local community projects CComplementing ecotourism activities CEstablishment of a major regional community garden park CCreation of an educational facility for the local community COffering unlimited opportunities for educational programs CFacilitating business activities, local prosperity and employment CPromoting Australian history and local studies CAcknowledgement of aboriginal cultures CRecognition of Australian landscape design CProviding a well-managed public space and a focal point for social interaction and cultural exchange opportunities CProviding a place where people can escape, explore and experience new things CReinforcing sister cities relationships CA tool that can be used to promote tourism in the mountains CA project that works towards “Sustainability” CPotential improvement of local infrastructure and public amenities CPromoting the ideals of people-to-people contact
Comments from The Blue Mountains Tourism Authority
The Tourism Unit of Council (Blue Mountains Tourism Authority) supports the proposal for an Ecotourism /Education Community Garden /Park. This proposal will further enhance the visitor experience to The Blue Mountains and give the region an additional attraction to encourage visitors to lengthen their overnight stay in the area. Page 69
QUALITY LOCAL GOVERNMENT Item 18 - Ordinary Meeting, 3/12/02
There is a great opportunity for this proposal to include traditional activity favoured by international visitors and in particular the Japan Market by promoting a tree planting program. This is a self-funded activity whereby International Visitors can purchase a tree and participate in a tree planting ceremony. Research shows that participants in these tree planting ceremonies return with families to visit their particular tree and observe its progress and growth.
Conclusion
Council’s assistance to Sanda City’s ecotourism project and its participation at the 2002 International Forum for the Revitalisation of Cities and Residents of the Northern Hanshin Area, Japan was significant and recognized at national and international level.
The community garden park proposal was aimed to be an ecologically sustainable development. Its feasibility would call upon the partnership between the Council, sister cities, State Government, Federal Government and the local community. Various assessment criteria have been used for the purpose of evaluating the project outcomes, including:
Cultural Exchange: The project could facilitate an awareness of cultural differences between countries would strengthen the existing sister city relationship and business partnership potential.
Social Value: The proposed tourism/ education community garden /park could be used a common meeting place for the local community. Interactions between members of the community and educational programs for local students could improve social systems and values.
Environmental Management: The project stressed the importance of the government roles in working towards sustainability in partnership with the community, especially the provision of managing the built and environmental management. The built environment needs to be regulated and monitor to compliment and conserve the natural environment for the benefits of present and future generations.
Economic Development: The project confirmed that tourism is an area of economic significance and that ecotourism must be properly managed for the benefits of the local economies, prosperity and employment opportunities.
Asset Management: The project could be used as a model development and a case study for public asset management as it could turn a public liability into a valuable asset for the community.
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QUALITY LOCAL GOVERNMENT Item 18 - Ordinary Meeting, 3/12/02
In view of the above, it is recommended that Council support in principle the concept of the ecotourism/education community garden/park proposal as outlined in this report. In order to determine whether the proposal is feasible, the first step is to identify land suitable for the purpose of the ecotourism/education community garden/park. Once the land is identified a detailed assessment of the proposal’s feasibility is to be carried out and the outcomes will be reported back to Council for further consideration.
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ITEM NO: 19
SUBJECT: GRANTING OF EASEMENT OVER COUNCIL LAND - 120-124 GREAT WESTERN HIGHWAY, BLAXLAND
FILE NO: C06092
Recommendations:
1. That Council grant an easement for electricity purposes over the eastern section of its land at 120-124 Great Western Highway, Blaxland being Lot 1 in Deposited Plan 857746, to Integral Energy for $10,000 in accordance with the terms and conditions outlined in this report.
2. That the Seal of Council be affixed to any documents relating to this matter.
Report by Group Manager, Corporate Policy:
This report deals with a request to create an easement for electricity over a small section of land owned by Council to enable completion of a development approved by Council.
Background
In 1999 Council approved an Integrated Housing Subdivision on Lot 21 in Deposited Plan 867355, 106 Great Western Highway, Blaxland. The development requires connection to an electrical substation already located on Council owned land at Lot 1 in Deposited Plan 857746 120-124 Great Western Highway, Blaxland. It is therefore necessary to create an easement for electricity over Council land in favour of Integral Energy to accommodate the electricity substation and transmission lines connecting to the development. Attached is plan showing the easement.
Council’s land is currently planted with trees and shrubs as screening for the Blaxland Community Centre and contains an electricity substation.
While the easement is in favour of Integral Energy, the developer is required to prepare the plans and negotiate the creation of the easement with the owner of the land, being Council in this instance. Following the recent preliminary negotiations, the developer has agreed to the following terms and conditions:
CThat the transmission lines be constructed in accordance with the requirements of the development consent and Integral Energy’s specifications CThat an independent Registered Valuer be appointed to assess the fair market value of the easement and the valuation be the valuation will be the basis for agreement on a compensation payable to Council. CThat the developer meet all survey, valuation and legal costs associated with this matter. Page 72
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CThat the developer liaise with and obtain the necessary consents from all public authorities, including Council, before commencing works on Council land. CThat the developer be responsible for fixing any damages on the land caused by the works and reinstating it to Council satisfaction. CThat the developer lodge with Council a refundable bond of $5,000 prior to commencing works on Council land.
A Registered Valuer has been appointed and the compensation of $10,000 payable to Council has been determined. This compensation amount is considered fair and reasonable. The developer has confirmed its concurrence with the Valuer’s assessment.
Conclusion
The subject Council land is classified as Operational Land and the granting of an easement over Operational Land is permissible under the provisions of the Local Government Act, 1993. The proposed easement is required to accommodate the existing substation and enable electricity connection from the substation to the development that has already been approved by Council.
The current use of the subject section of Council land as a screening area is unlikely to be changed in the future. The proposed easement would have minimal impact on the development potential of Council land. The compensation is fair and acceptable. It is therefore recommended that Council grant the easement for electricity over the eastern section of its land at 120-124 Great Western Highway, Blaxland in accordance with the terms and conditions outlined in this report.
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QUALITY LOCAL GOVERNMENT Item 19 - Ordinary Meeting, 3/12/02
Attachment
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QUALITY LOCAL GOVERNMENT Ordinary Meeting, 3/12/02
ITEM NO: 20
SUBJECT: CORPORATE PROPERTY POLICY
FILE NO: C06232
Recommendations:
1. That the draft Corporate Property Policy be adopted, effective from 1 January 2003.
2. That the adopted policy be formally reviewed early in 2004.
Report by Group Manager, Corporate Policy:
This report outlines details of the draft “Corporate Property Policy” that provides a policy framework for Council to effectively manage its property related activity. The policy sets out the guidelines, principles and criteria that need to be considered by Council and Council’s staff when dealing with property activities such as land sales, purchase, lease, easement, road closure, development, etc. The ultimate objectives of the draft policy are to ensure equity and transparency and to protect Council’s interest in property dealings. The draft policy also sets strategies that help Council in reaching its vision - “working towards sustainability” that focuses on social, environmental and economic sustainability of the Blue Mountains Local Government Area.
Copies of the draft Corporate Property Policy and “Guidelines and Procedures for Council’s Corporate Property Activities” are enclosed separately for the information of Councillors. The report seeks Council’s support and adoption of the draft policy.
Background
Local Government was established with the original intention of achieving the efficient management of local resources, and to accommodate local needs. Local Government has been under increasing pressure to be accountable to and provide quality services for its community without placing an additional financial burden on its ratepayers.
To finance its activities, Local Government traditionally derives the bulk of its revenue from the following sources: CRates on property; CGrants from the Commonwealth and State Government; CCharges for services provided; and CBorrowing within limits set by the Commonwealth and State Government.
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Over the last 15 to 20 years it has been recognised that councils have excellent opportunities to become involved in property and entrepreneurial activities having regard to the principles of ecologically sustainable environment to supplement their traditional income base. This need has been re-emphasised in more recent years with the introduction of rate pegging, decreased levels of Government funding & cost shifting to local government and limitations on borrowing.
From an asset management’s perspective, it is necessary for Council to provide effective and efficient management of Council's property related activities and ensure that all legislative requirements are duly complied and all risks (social, environmental, political, financial and economic) are properly managed.
Council's corporate property activities under the existing structure are being handled by a number of Council staff depending upon the perceived custodianship allocated to each part of the organisation and the way a property development matter was instigated. It has been recognised that this fragmented arrangement was inefficient and costly. The accountabilities and responsibilities and the processes relating to the management of Council’s property related activities are in need of review to minimise unnecessary duplications, to link with Council’s “Future Directions”, and to ensure the best outcomes for the organisation. This has triggered a need for establishing an appropriate Corporate Property Policy to ensure that all Council’s property dealings are handled consistently in a professional, due diligent, manner.
A draft Corporate Property Policy has been developed following substantial consultation with Council’s staff dealing with property related activities and with Council’s Executive Management Team. This policy is supported by a supplementary document, namely “Guidelines and Procedures for Council’s Corporate Property Activities” that would assist Council staff in effectively dealing with property related activities.
Purpose
The policy aims at providing a framework in which all Council’s dealings in property matters meet the requirements of the Local Government Act 1993 and link with Council’s “Future Directions”. Also all property matters are managed with equality and transparency being open to public enquiries, inspections and investigations. However, the scope of this policy is limited to property development activities.
As mentioned earlier, the purpose of the policy is to assist in the provision of providing effective and efficient management of Council’s property development activities and generating alternative/additional forms of income for the Council through property development/investment.
Corporate Property Activities
In the context of this policy, corporate property activities include:
CSales CPurchase CEasement and Right of Way CRoad Closures and Sale or Lease Page 76
QUALITY LOCAL GOVERNMENT Item 20 - Ordinary Meeting, 3/12/02
CLease & Licence CProperty Management CResearch and Advisory Service CEntrepreneurial Activities relating to Council’s Properties
The policy sets out high-level strategies, principles and criteria that would assist Council in making effective decisions for each corporate property activity.
Considerations in Effective Decision Making
In carrying out property related activities for Council, considerations must be given to the likely financial, environmental, social, economic, political, and risk associated with each matter. The end objective is to assist Council in reaching its vision - “working towards sustainability” that focuses on social, environmental and economic sustainability of the Blue Mountains Local Government Area.
The policy acknowledges Council’s two distinct roles in its property activities – as the land owner/developer seeking the best possible return for its property, and as a statutory authority responsible for the assessment and approval of any Development application for the property. Council’s decisions relating to its property activities are constrained by its dual role and more specifically by being a local government with community responsibilities.
Investment Strategy
Council’s requirements as a potential developer/investor are similar to any other investors in the market. Accordingly, Council’s property investment decisions consider:
CReturns (profits) on Funds employed; CRisks associated with the proposal (as previously mentioned); CLocality of the development/investment; CCurrent market trends and conditions; CMarket demand for and supply of the property in question; CSecurity of income; COn-going costs relating to the provisions of building maintenance/refurbishment.
The policy suggests that in addition to the above investment strategies employed by any other investors in the market, Council is required to achieve its underlying community objectives and to ensure the appropriateness of its investment property as an asset owned by a public authority.
Funding Strategy
Many surveys conducted with NSW Councils in 1990s indicated that:
CIn order to fund property development/commercial activities, 77% of Councils which were involved in property development had established a special reserve, namely Property Reserve. CSome used Council General Fund to finance property development activities. C74% had avoided financing property development projects by special loans. Page 77
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CMany Councils had initially accumulated money from more than one source, however the majority (71%) had established their Property Reserve by accumulating income from sale of land. CIncome generated from property development activities might be partly allocated to Council's Property Reserve, General Fund and/or to local projects Councils felt were of high priority. CFew Councils had contributed between 40-60% of their property development's annual income to Council General Fund while other Councils (14%) had contributed between 80-100% of their annual income to Council General Fund. CThe funds transferred to the Property Reserve had been invested as part of the pool of funds invested by Council and been available at call to be utilised for the purchase of investment properties or development projects as these opportunities arise.
Accordingly, Council should establish a Property Reserve for property activities. Any income received from property related activities will be directed into the Property Reserve and then distributed within the following parameters:
The full picture of Council's property development's yearly financial status should be easily seen through the yearly balance of the reserve. Income received from property related activities should be directed into the Property Development Reserve from 1 July 2002 and then distributed on the following basis:
CIn accordance with Section 32(5) of the Local Government Act, 1993, "the net proceeds of sale by a council of any land dedicated in accordance with a condition imposed under section 94 of the Environmental Planning and Assessment Act 1979 must be dealt with under that section as if those net proceeds were a monetary contribution paid instead of the dedication";
CIn accordance with Section 43(4) of the Roads Act, 1993, the net proceeds received from the closure and sale of an unused portion of a public road must be used for road purposes only;
CA contribution of at least 30% of net annual income generated from property development activities should be transferred to Council Consolidated Fund and/or local projects that Council feels are of priority.
CThe balance of Council's Property Reserve should be invested as part of the pool of funds invested by Council and available at call to be utilised for the purchase of investment properties or development projects as these opportunities arise.
Conclusion
Council is under increasing pressure to be accountable to and provide quality services for its community without placing an additional financial burden on its ratepayers. The purpose of this policy is to provide a framework for effective management of Council's property activities and to generate alternative/additional forms of income for Council through property development/investment.
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The policy aims to assist Council in effectively managing its property activities, in receiving a direct financial benefit and in achieving an underlying community outcome from these activities. Council also benefits via improved public image as its financial status does not have to rely totally on the traditional sources of income; especially from increases in rates.
In dealing with Council's property matters, considerations should always be given to financial, environmental, social, economic, political, risk and legal issues as described in this report. It is therefore necessary for Council to have a policy framework setting out the principles and criteria that need to be considered when dealing with property activities.
In order to fund property development/commercial activities, it is necessary for Council to establish a special reserve, namely the Property Reserve which should be readily available at call for property developments/investments or even for a community property development project when opportunities arise.
Accordingly, it is considered that the attached draft Corporate Property Policy should be adopted and be under regular review to ensure that Council is pro-active in dealing with its property development activities and that Council's interest in the land and in property related matters can be secured. However, the policy should not be considered as the ultimate solution to Council’s corporate property activities, but rather as a policy that needs to be regularly reviewed to ensure Council is proactive in managing its property activities, applying best practice and addressing the changing needs of the environment.
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ITEM NO: 21
SUBJECT: SALE OF COUNCIL LAND AT 179A GREAT WESTERN HIGHWAY, BLAXLAND AND IMPROVEMENT OF ACCESS AND TRAFFIC MANAGEMENT FOR THE INTERSECTIONS OF THE GREAT WESTERN HIGHWAY, BADEN PLACE AND WILSON WAY
FILE NO: C02313
Recommendations:
1. That upon receipt of Operational Consent, Council land being Lot 10 in DP 872340 at 179A Great Western Highway, Blaxland be sold as a vacant block of land by public tender.
2. That the outcomes of the tendering process be reported back to Council.
3. That to address concerns in relation to the intersection of Baden Place and Great Western Highway Council:
a) Establish a ‘Traffic Solution/Management Taskforce’ for the purpose of - C Pursuing a total traffic management solution for the intersections of Wilson Way, Baden Place and the Great Western Highway, Blaxland; C Strategically managing a process that facilitates partnerships between the Blaxland Public School, the local community, the relevant State Government agencies and Council; and C Attracting adequate funding from relevant sources for the solution identified.
b) Allocate a sum of $21,500 for the necessary traffic studies, design, research and public consultation outlined in this report from the net proceeds to Council from the development.
c) Commit to entering into a shared funding arrangement with the Roads and Traffic Authority (RTA), the Department of School Education and others should the proposed extension of Wilson Way and relocation of the existing traffic lights to Baden Place be approved by the RTA and supported by the community at large.
d) Examine the possible sale of its property at 184 Great Western Highway, Blaxland and the application of all or portion of the funds obtained from the possible sale of this property being applied towards Council’s share of enhanced intersection improvements.
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QUALITY LOCAL GOVERNMENT Item 21 - Ordinary Meeting, 3/12/02
Report by Group Manager, Corporate Policy:
This report is prepared with reference to Items 5 and 17 of Council’s Business paper on 24 September 2002 regarding the sale of Council land in Baden Place and the improvement of access and traffic management for the intersections of the Great Western Highway, Baden Place and Wilson Way. Copies of these reports are attached. On 24 September 2002 Council resolved in respect to Items 5 and 17 that the matter:
“…be deferred seeking consensus between the school and the Council in concert with the RTA about access to the Highway. That such a meeting be convened as soon as possible and a report comes back to Council as soon as possible.”
The report informs Council of issues discussed at the recent meeting with representatives of Blaxland Public School and Mr. Bob Debus’ office and discusses possible actions and respective implications regarding these actions.
Meeting with Blaxland Public School It was considered from a strategy perspective, given that any work on the Great Western Highway requires the concurrence of the Roads and Traffic Authority (RTA) and that it was intended to approach the RTA for substantial funding to any additional works, that there should first be a meeting between the Blaxland Public School Council, a representative of Mr. Bob Debus’ office and Council to discuss a way forward prior to approaching the RTA. This meeting was held on Saturday 19 October 2002 at the Blaxland Public School. The meeting was chaired by the Mayor and attended by:
CMs Sandra Elizabeth Stringer – President School Council CMs Jacquie M’Naughton – School Council CMr Michael Joyce – School Council CMs Marilyn Pettitt – School Council CMr David Brown – School Principal CMr Mark Andrews – Bob Debus’ Office CCr Jim Angel – Mayor of BMCC CCr Mark Greenhill CCr Fiona Creed CCr Angelique Henson CCr Chris Van Der Kley CMr Frank Coe – Wyndham Price (Traffic Consultant) CMr Graham Collins, BMCC’s Group Manager, Corporate Policy CMr Tan Vo, BMCC’ Manager, Corporate Property Management & Governance
Issues raised at the meeting included:
Cdetails of the existing traffic management problem, Cthe possible impact of Council’s subdivision on the intersection of Baden Place and the Great Western Highway, Cthe responsibilities (both real and implied) of public authorities including the RTA, the Department of School Education and Council in respect to the Baden Place and Great Western Highway intersection, Page 81
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Cthe possibility of not constructing the proposed seagull facility and using the funds that would be used for this to assist in funding the extension of Wilson Way and relocation of the existing traffic lights to Baden Place, Cthe possibility of selling Council property at 184 Great Western Highway, Blaxland and reserving the proceeds received from this sale for the extension of Wilson Way, Can opportunity for Council to open up the Blaxland Memorial Park as a consequence of the extension of Wilson Way, Cthe increasing traffic volume over the last 15 - 20 years and the need for the RTA to review and improve the situation, Cthe importance of obtaining support from the Local Member, Cthe basic imperative of obtaining RTA support and adequate funding.
While there were differing views on whether the proposed seagull treatment at the intersection of the Great Western Highway and Baden Place in satisfaction of the subdivision Deferred Development Consent conditions would alleviate the impact of additional traffic movements, make the situation worse or even improve the current situation, the consensus of those present was to seize the current opportunity to get the safest outcome possible. In the absence of any known major constraints, other than funding, the common view was that the extension of Wilson Way to form a new intersection at Baden Place and the relocation of the existing traffic lights was the option to pursue. In terms of that option it was seen as necessary to:
S Seek RTA concurrence to the extension of Wilson Way to form a new intersection at Baden Place and the relocation of the existing traffic lights S Seek adequate funding from the RTA, the Department of School Education and Council S Seek the concurrence of other bodies as necessary (e.g. Local Traffic Committee, Blaxland War Memorial Park Committee, local community, etc).
It was noted that representatives of the School Council stated that they did not see it as Council’s sole responsibility nor were they expecting Council to fully fund the extension of Wilson Way and relocation of the traffic lights. However, as indicated, there was consensus that the opportunity presented by the proposed works on the intersection as a consequence of the subdivision be taken to see if what is being promulgated as a safer intersection outcome could be implemented.
People involved at the meeting agreed that it is important to have supporting studies and research completed before presenting the case to the RTA for consideration. In this regard, Council’s Traffic Consultant advised that it would be necessary to:
Chave the Wilson Way extension proposal designed Cconduct a full traffic study that takes into account the narrow width of Baden Place Creview the practical operation of the existing traffic lights and the proposed traffic lights at Baden Place Cassess safety parameters at the Baden Place intersection Cconsider accident reports over the last 5-10 years Cconsider traffic volume now and in the future Cconduct a review of environmental factors (REF) and public consultation process with the local community and key organizations such as the Local Traffic Committee, Blaxland Chamber of Commerce, etc. Page 82
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The cost for carrying out the abovementioned studies and research has been estimated at $21,500. It is also anticipated that the time required for completion of these studies and research will be at least 9-12 months. Funds are not specifically available within Council’s 2002/2003 Budget. Therefore Council may consider funding the cost of carrying out these studies and research from the net proceeds of the proposed sale.
Impact on Community Projects Council’s commitment towards various community projects and its dependency on the proceeds generated from the Blaxland Res I subdivision were also discussed at the meeting. However, a view was put to the meeting that the sale of Council’s land should no occur until a revised intersection treatment is achieved.
It is obvious from the aforementioned issues that Council is currently in a difficult position to balance its objectives. On one hand, Council has entered contracts and made commitments relying upon a significant portion of the estimated income expected to be generated from the sale of Blaxland Res I site – these being to fund portion of the construction of the Lower Mountains Aquatic Centre ($950,753) and portion of Council’s contribution to the two-court indoor basketball and sports facility at Blaxland High School ($300,000).
The deferral of the sale of Blaxland Res I site would, depending on cash flows for other commitments, require more expensive funding to be sourced to fund the abovementioned financial commitments.
Having considered the very strong views expressed particularly by the school council in respect of the intersection, Council may consider deferring the sale of the land. However, having regard to commitments Council has already entered into and the reliance in the very near future on the income from the sale of the subject land, together with the fact that the proposed treatment of the intersection fully satisfies the Development Consent conditions and that works on the highway are a State Government responsibility, a professional recommendation cannot be made to delay the sale. That is not to say that the enhanced intersection improvements cannot be pursued with vigour – they will if Council resolves per the recommendations to this report.
Conclusion It is considered that Council would be in a better position if it could make a formal commitment toward the fixing of the existing traffic management issue at the intersections of the Great Western Highway, Baden Place and Wilson Way, whilst at the same time proceed with the sale of the Blaxland Res I site. Council’s commitment toward the fixing of the intersections may include:
Cthe establishment of a ‘Traffic Solution/Management Taskforce’ as outlined in Item 17 of Council’s Business Paper dated 24 September 2002, Ca special vote of $21,250 to undertake the necessary studies and research that will assist the Traffic Solution/Management Taskforce in approaching the RTA and achieving the preferred outcomes, Page 83
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Ca shared funding arrangements between the RTA, the Department of School Education and Council should the proposal be approved by the RTA and supported by the community at large, Cthe sale of 184 Great Western Highway, Blaxland and the use of its capital gain towards the project.
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Attachment 1
QUALITY LOCAL GOVERNMENT Ordinary Meeting, 24/9/02
ITEM NO: 5
SUBJECT: SALE OF COUNCIL LAND BY TENDER – LOT 10 DP 872340, 179A GREAT WESTERN HIGHWAY, BLAXLAND
FILE NO: C02313
Recommendations:
1. That upon receipt of Operational Consent, Council land being Lot 10 in DP 872340 at 179A Great Western Highway, Great Western be sold as a vacant block of land by public tender.
2. That the outcomes of the tendering process be reported back to Council.
Report by Group Manager, Corporate Policy:
This report updates Council with information relating to the land at 179A Great Western Highway, Blaxland (commonly known to Councillors as the “Blaxland Res I site”) and the progress of Council’s 17 lot subdivision of the property.
Following a period of extensive investigations and research, an application to subdivide the subject land into 17 residential allotments was lodged with and determined by Council at its meeting of 17 July 2001. A deferred commencement consent was issued together with a list of matters to be addressed prior to issuing the operational consent for the proposed subdivision. As these matters have now been addressed, it is appropriate for Council to consider how the project will progress and determine method of sale to ensure transparency of the process as well as facilitate the highest return to Council.
Council has previously resolved that a significant portion of the income generated from the sale will be used to fund the construction of the Lower Mountains Aquatic Centre and Council’s contribution to the two-court indoor basketball and sports facility at Blaxland High School. If there are any surplus funds following the proposed sale then the matter will be reported back to Council for determination as to the application of those surplus funds.
In addition to the abovementioned matters, Council also resolved at the meeting of 17 July 2001to investigate options for improving access and traffic arrangements at the intersection of the Great Western Highway and Baden Place, Blaxland. This has been an on-going issue for many years, especially since the upgrade of the Blaxland Public School. Therefore this issue is addressed in a separate report being Item 17 in tonight’s Business Paper.
The Land A locality plan showing the site is contained in Attachment 1.
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Attachment 1
QUALITY LOCAL GOVERNMENT Item 5 - Ordinary Meeting, 24/9/02
The subject land, being Lot 10 DP 872340 is owned by Council in fee simple and is classified as Operational Land, therefore it can be sold under the provisions of the Local Government Act, 1993. The land is located on the western side of the Great Western Highway, Blaxland and adjoins Blaxland Public School to the east. Adjoining residential development is located along the Great Western Highway with the land to the south and north comprises mainly of undeveloped, environmentally protected land. The land comprises a total area of 22.35 hectares. Land on the western boundary of the site is undeveloped Council owned land zoned Environmental Protection (EP) under LEP 1991. Further to the west the Council land abuts the National Park.
The site has two frontages to existing public roads. The northern frontage is to Baden Place adjacent to the Blaxland Public School. The southern road frontage is to the Great Western Highway between Wilson Way and Bridge Road. The subject land is presently vacant and is affected by a number of easements for railway and electricity purposes. The site is not affected by any existing or proposed protected area constraints.
Council purchased the land on 28 December 1967 for the purposes of an electricity pole storage depot. This intentional use of the land has been obsolete for many years and the land is surplus to Council needs. The land had been occasionally used for stockpiling road construction materials, but is at present vacant.
Utilities Power, water, sewer and telephone are available for connection to the land. In terms of electricity provision, a substantial capital outlay will be required for electricity distribution and relocation of the existing 66 KV transmission line to appropriate location. In terms of water provision, there is sufficient bulk water to serve any proposed development, however, local system amplifications maybe required to serve the development. In terms of sewerage provision, contributions might be required for the funding of local amplifications to the existing sewerage system.
The Development The development of the land has essentially two components:
i. Rezoning: The site was previously zoned EP and Residential Investigation (RES I). The RES I area of the site had been rezoned to part EP and part Residential Bushland Conservation (RBC) (4/ha) under the LEP 1991 (Amendment No.28).
ii. Subdivision: The subdivision comprising fifteen (15) lots capable of accommodating a single dwelling, a residential lot capable of accommodating a cluster housing development of five (5) dwellings and a parcel of EP zoned land to be dedicated as Public Reserve (17.27ha). A perimeter road extending from the current Baden Place would also be constructed (approximately 600 metres in length) skirting the EP zone boundary.
The whole of the road reserve and the development site is located within the RBC zone. The public road would terminate with a cul-de-sac at the south-eastern side of the site. An alternative emergency vehicle access will extend from the cul-de sac to the Highway and will incorporate pedestrian/cycle access to the Highway.
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Attachment 1
QUALITY LOCAL GOVERNMENT Item 5 - Ordinary Meeting, 24/9/02
Classification and Zoning The land was zoned partially EP and partially RES I. However, under the provisions of LEP 1991 (Amendment No.28) that was gazetted on 26 October 2001, the land is now zoned partially EP (approximately 17.27 hectares) and partially RBC (approximately 5 hectares).
Report Council at its meeting of 17 July 2001 considered a report on the land use application for a 1 into 17 lot subdivision and resolved to approve the application as a deferred commencement development consent. Council’s resolution relating to the Deferred Commencement Consent is as follows:
“2. That Development Application No. S00/0071 for a one (1) into seventeen (17) Lot residential subdivision, which includes a residue lot to be dedicated as Public Reserve at Lot 10 DP 872340, 179A Great Western Highway, Blaxland be determined pursuant to Section 80 of the Environmental Planning and Assessment Act 1979 by the granting of Deferred Commencement Consent subject to the applicant, within twelve (12) months of the date of this Consent, producing evidence to the Council, sufficient enough to enable the Council to be satisfied as to the following matters, failing which the Consent will lapse.
(a) That Amendment No. 28 to LEP 1991 has been Gazetted by the Department of Urban Affairs and Planning; (b) To ensure that suitable arrangements have been made regarding the servicing of the subject development with reticulated sewer and water, the applicant is to provide written confirmation from Sydney Water. (c) To protect the Red-crowned Toadlets and their habitat, a Management Plan shall be prepared for Red- crowned Toadlets and their habitat on the site within the Environmental Protection Zone. This Management Plan is to be incorporated into the S.88B Instruments for the subdivision and will address the issues and ameliorative measures raised in the SIS and below. The Management Plan prepared by a suitably qualified person is to be submitted to Council and approved prior to the issue of Operational Development Consent for the subdivision and shall include or address the following matters: C A complete survey mapping the full extent of the potential habitat on the site; C Prevention of degradation of habitat by stormwater. This shall include any planting with native species present on the site, as well as monitoring to ensure successful implementation. C Maintenance of natural flow characteristics of water that leaves the site. C Maintenance of the quality of potential foraging habitat. Weed management and control shall consider the Red-crowned Toadlets. To maintain the integrity of the vegetation on the site and surrounding vegetation, material from locally native species shall be utilised in the landscaping. C Impacts on habitats during fuel management activities. Page 87
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Attachment 1
QUALITY LOCAL GOVERNMENT Item 5 - Ordinary Meeting, 24/9/02
C Measures to be implemented to limit the impacts on the potential Red-crowned Toadlet community during construction. Ground searches shall be undertaken after rain near the breeding sites, but prior to construction to assist in locating any toadlets on site. A frog proof fence shall be erected to keep the toadlets from entering the construction area; (d) To ensure that the intersection of Baden Place and the Great Western Highway operates in a safe and efficient manner, a preliminary intersection design approved by the Roads and Traffic Authority is to be submitted. (e) To ensure the long term protection of the potential Aboriginal Archaeological deposits and the European Historical item on the site, the following matters are to be addressed to the satisfaction of Council: (i) Subsurface investigations to be conducted on the area proposed for development; (ii) Subsurface investigations to be conducted at rock shelter (PAD 1) as well as on the creek line near the two sets of axe grinding grooves (Blaxland 1 and 2); and (iii) Preparation of a detailed Management Plan for the identified site which makes provision for ongoing monitoring of earthworks and protective measures to be taken regarding site B4, PAD 1 and Blaxland 1 and 2. This should include protective measures to mitigate the effects of drainage works on the creek tributary as well as measures to lessen the impact of increased public usage due to the land; (f) To properly accommodate utility services, an easement is to be registered over the Blaxland Public School Site for electricity purposes, as shown on the approved plans; and (g) To ensure the land is remediated so it is suitable for the purpose of residential development, a detailed Remedial Action Plan is to be prepared to the satisfaction of Council by a suitably qualified person(s) pursuant to the requirements of SEPP 55 – Remediation of Land.”
The majority of matters raised above were completed within the 12 months period, except Condition 2(f) regarding the proposed electricity easement over the school site. Council at its meeting of 9 July 2002 considered a report on an application for extension of time and resolved:
“That Development Application No. S/71/2000 for a lot into 17 lot residential subdivision on Lot 10 DP872340, 179A Great Western Highway, Blaxland be modified so as to grant the applicant a period of two (2) years for the provision of evidence to Council to satisfy the matters required to be satisfied under the Deferred Commencement Consent.”
The current status of the abovementioned Conditions can be summarised as follows:
Condition 2(a): As mentioned earlier, the Gazettal of Amendment No 28 to LEP 1991 took place on 26 October 2001. Condition 2(b) Sydney Water’s confirmation has been obtained Page 88
QUALITY LOCAL GOVERNMENT Item 21 - Ordinary Meeting, 3/12/02
Attachment 1
QUALITY LOCAL GOVERNMENT Item 5 - Ordinary Meeting, 24/9/02
Condition 2(c) Biosphere Environmental Consultants Pty Ltd has prepared a Management Plan for Red crowned Toadlets addressing all issues raised within this Condition. Condition 2(d) A “Sea Gull” intersection design has been prepared by J Wyndham Prince Pty Ltd and approved by the Roads and Traffic Authority (RTA). However, this matter is subject to further discussion regarding the outcomes of the consultation that has been carried out with the Blaxland Public School Council. Condition 2(e) The Archaeologist, Lala Haglund of Haglund and Associates has undertaken a full assessment of the Aboriginal Archaeological deposits and the European Historical item on the site as required. Condition 2(f) Two options have been investigated and will be discussed later within this report. Condition 2(g) C J Jewell and Associates Pty Ltd has prepared a detailed Remedial Action Plan.
As all matters raised in the Deferred Commencement Consent have now been addressed satisfactorily, it is therefore expected that an Operational Consent will be issued in the future.
Access and Traffic Management In addition to the above matters, but not as part of the Deferred Commencement Consent conditions, Council also resolved at its meeting of 17 July 2001:
“5. That, in consultation with the appropriate / relevant Government Authorities and the Community including Blaxland Public School Council, Council seek consensus for improving access / intersection arrangements for the Great Western Highway, Baden Place and Wilson Way. Options to be reviewed are to include: a) Extension of Wilson Way to the north and relocation of the intersection of Great Western Highway and Wilson Way to Baden Place intersection. b) Provision of a new access road through the Council owned residential property adjacent to the traffic light/controlled intersection of Wilson Way and the Great Western Highway. c) Any other alternative arrangement which improves traffic and pedestrian safety associated with Blaxland Public School and the intersection of Baden Place and the Great Western Highway.”
As the traffic management at the intersection of the Great Western Highway and Baden Place have been an on- going issue for many years, especially since the upgrade of the Blaxland School. Therefore, it is appropriate that the Department of School Education and the RTA be obliged to address this issue and improve access/intersection arrangements in this locality. As mentioned previously, this issue is addressed in a separate report in tonight’s Business Paper.
Relocation of Existing Transmission Line The existing 66KV transmission line is currently on poles running across a section of land required for the proposed subdivision. At least nine (9) proposed lots would be affected and would not be developable if the existing transmission line was not relocated. This was the reason for the proposed relocation of the existing transmission line under the Blaxland Public School’s ground.
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Attachment 1
QUALITY LOCAL GOVERNMENT Item 5 - Ordinary Meeting, 24/9/02
Discussions with representatives of the Blaxland Public School, Department of School Education (DoSE) and Integral Energy indicated that the proposed transmission line under the Blaxland School’s ground would not be acceptable due to uncertainties regarding the potential radiation impact from power lines on children's health. Consequently, it has been suggested that the relocation of the power line should be outside the school’s ground. Two options have been investigated and details of which can be summarised as follows:
Option 1: to relocate and install the 66 KV underground cable along the western boundary of Blaxland Public School and then along the new proposed road at the southern end of the development. In accordance with Integral Energy’s quote, this option would cost the subdivision in the vicinity of $713,000. Option 2: to relocate and install the 66KV underground cable in Baden Place and then traverse south along the Great Western Highway to join with Integral Energy’s existing 66KV cable. The cost for this option is estimated to be in the vicinity of $836,260.
Although Option 2 appears to be more expensive than Option 1, the end result would be more preferable as the electricity transmission line would be located totally outside of the residential sites. Hence it would make the subdivision more marketable and achieve a better sale price.
Hypothetical Development Assessment In accordance with the hypothetical development assessment presented to Councillors at the recent briefing session, the expected return from the sale of the land would still be sufficient to fund the community projects that have previously been committed by Council. The assessment took into account sales evidence available during the period between January 2001 and August 2002, market trends and cost estimates for construction and subdivisions works together with costs of relocating the existing transmission lines, all fees and charges and profit and risk factors applicable to the development.
Obviously, the actual net return from this development proposal would depend on how the project is undertaken. A profit (and risk) factor of 20% of the total investment is expected should Council decide to undertake the development by itself. Alternatively, Council would achieve a return that reflects ‘land value’ only should it decide to sell the land with the operational consent for development.
Options Three options are available to Council. They are Outright Sale (either with or without Development Consent), Joint Venture and Self Development. The ‘pros’ and ‘cons’ of these options can be summarised as follows: Page 90
QUALITY LOCAL GOVERNMENT Item 21 - Ordinary Meeting, 3/12/02
Attachment 1
QUALITY LOCAL GOVERNMENT Item 5 - Ordinary Meeting, 24/9/02
Details Outright Sale Joint Venture Self Development Risk Low Medium High Council would not be Council would be Council would be directly accepting finance, indirectly accepting accepting all risks construction and market construction, market and associated with property risks. financial risks, but to the development. limit of its equity. Financial Council would Council would defer Council would defer immediately receive land receipt of cash that is receipt of cash that is value which is required for required for funding the required for funding the funding the Aquatic Centre Aquatic Centre and the Aquatic Centre and the and the indoor basketball indoor basketball and indoor basketball and and sports facility at sports facility, but would sports facility, but would Blaxland High School potentially receive more potentially receive more return including land value return including land value and shared profits. and all profits. Project Project management is Project management is Full scope of project Management only limited to the land extended to the Joint management is required to sale process. Venture tendering process be handled by staff or & construction delivery appointed consultant. system would be managed by developer
The above summary indicates that “the higher the risk the higher the return”. Risks associated with property development are:
a) Property market fluctuation b) Change in economic climate c) Weak financial feasibility d) Poor project delivery system or project management e) Unexpected costs derived from weather, strikes, inflation, etc. f) Unsuitable marketing strategies g) Lack of funding or high level of borrowing
All commercial ventures involve different levels of risk and Council is not in a position to trade off high risk with high return, therefore, any risk associated with Council’s property development activities should be minimised. If the difference in the return between various options was significant, Council might take some additional risk for an improved return. In addition, current market trends in the Mountains appear to have reached their peak and therefore it is appropriate for the property to be sold as soon as practicable.
Methods of Selling The four main methods of selling real estates are: C Private sale – by Council, no agent employed. C Private Treaty – agent used, asking price established. C Auction – by a licensed auctioneer, normally with a reserved price. C Tender – offers invited to be submitted, one or none may be accepted.
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Attachment 1
QUALITY LOCAL GOVERNMENT Item 5 - Ordinary Meeting, 24/9/02
Advantages and disadvantages associated with these methods of selling can be summarised as follows:
Method of Selling Advantages Disadvantages Private Sale No agent’s selling fees. Less exposure to market. Purchasers have sufficient time for High advertising costs. enquiries. More Council’s staff’s time required. Direct discussions and negotiations Perceived low transparency. between buyers and Council. Private Treaty Negotiable advertising costs. Agent’s fees. More exposure to the market Indirect negotiations between buyers and Purchasers have sufficient time for Council. enquiries. Low competition. Less Council’s staff time required. Perceived medium transparency. Auction Prompt and competitive. Advertising costs. Reserve a price as well as a right to Agent’s fees. negotiate with the highest bidder. Disclosure of number of interested Property to be sold on the auction date. parties. Highly transparent. Purchasers have less time for enquiries. Good method in seller’s market (i.e. a market with many buyers) Public Tender Good method for land of High advertising costs. special/abnormal characteristics Purchasers may not be familiar with this Offers can be evaluated before accepted. method of selling and its procedures. Non-disclosure of number of interested Complicated processes and time parties may have positive impact on consuming. prices High administration cost. Purchasers have sufficient time for enquiries and discussions with Council. Can be either arranged by Council or its appointed agent. Highly transparent.
The proposed subdivision of Council land in Baden Place represents a rare opportunity for experienced developers/investors who are able to optimise the potential of and the return from the land. Council land has many special characteristics that cannot be directly compared with recent sales in the area. Also, it is expected that there will not be a large number of buyers who can provide the expertise and experience required for this subdivision. For these reasons, Public Tender appears to be the most appropriate method of sale for the land in question.
Conclusion As all matters raised in the Deferred Commencement Consent have now been addressed satisfactorily, it is expected that an Operational Consent will be issued in the near future.
With regard to the special characteristics of the subject site, the current market conditions together with Council’s funding requirements for the Lower Mountains Aquatic Centre and the indoor basketball and sports facility at Blaxland High School, it is recommended that Council sell the property by public tender to ensure achieving the highest possible return from the site without compromising the required transparency of the process. Page 92
QUALITY LOCAL GOVERNMENT Item 21 - Ordinary Meeting, 3/12/02
Attachment 1
QUALITY LOCAL GOVERNMENT Item 5 - Ordinary Meeting, 24/9/02
Attachment 1
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QUALITY LOCAL GOVERNMENT Item 21 - Ordinary Meeting, 3/12/02
Attachment 2
TRANSPORTATION & ROADS Ordinary Meeting, 24/9/02
ITEM NO: 17
SUBJECT: IMPROVEMENT OF ACCESS AND TRAFFIC MANAGEMENT FOR THE INTERSECTIONS OF THE GREAT WESTERN HIGHWAY, BADEN PLACE AND WILSON WAY
FILE NO: C02313
Recommendations:
1. That a ‘Traffic Solution/Management Taskforce’ be established for the purpose of: C Pursuing a total traffic management solution for the intersections of Wilson Way, Baden Place and the Great Western Highway, Blaxland; C Strategically managing a process that facilitates partnerships between the Blaxland Public School, the local community, the relevant State Government agencies and Council; and C Attracting adequate funding from relevant sources for the solution identified.
2. That Council’s Access/Transport and Infrastructure staff: C Coordinate the inaugural meeting of the Taskforce; C Participate in the partnership development process; and C Report the outcomes to Council when appropriate.
Report by Group Manager, Corporate Policy:
This report provides Council with the information relating to the recent investigations regarding options for improving access and traffic arrangements at the intersection of the Great Western Highway and Baden Place, Blaxland. The report addresses a way forward in seeking consensus for enhancing access/intersection arrangements for the Great Western Highway, Baden Place and Wilson Way.
Report Council at its meeting of 17 July 2001 considered a report on the land use application for a 1 into 17 lot subdivision for the land at 179A Great Western Highway, Blaxland (commonly known to Councillors as the “Blaxland Res I site) and resolved to approve the application as a deferred commencement development consent. All matters raised in the Deferred Commencement Consent have now been attended to completion and addressed in a separate report being Item 5 In tonight’s Business Paper
In addition to the deferred commencement development consent, Council also resolved at its meeting of 17 July 2001:
“5. That, in consultation with the appropriate / relevant Government Authorities and the Community including Blaxland Public School Council, Council seek consensus for improving access / intersection arrangements for the Great Western Highway, Baden Place and Wilson Way. Options to be reviewed are to include:
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QUALITY LOCAL GOVERNMENT Item 21 - Ordinary Meeting, 3/12/02
Attachment 2
TRANSPORTATION & ROADS Item 17 - Ordinary Meeting, 24/9/02
a) Extension of Wilson Way to the north and relocation of the intersection of Great Western Highway and Wilson Way to Baden Place intersection.
b) Provision of a new access road through the Council owned residential property adjacent to the traffic light/controlled intersection of Wilson Way and the Great Western Highway.
c) Any other alternative arrangement which improves traffic and pedestrian safety associated with Blaxland Public School and the intersection of Baden Place and the Great Western Highway.”
It should be mentioned at the outset that the concerns regarding the traffic management at the intersection of the Great Western Highway and Baden Place have been an on-going issue for many years, especially since the upgrade of the Blaxland School. Therefore, it is appropriate that the Department of School Education and the RTA be obliged to address this issue and improve access/intersection arrangements in this locality. However, in facilitating a resolution of the concerns raised Council should not take on a State Government funding responsibility.
As the 1 into 17 lot subdivision would only generate a marginal increase in the total traffic activity in Baden Place, it is considered reasonable for the project to fund the cost of constructing a traffic management measure that complies with Australian Roads Standards to improve the access/traffic arrangements at this intersection based on this traffic increase. The proposed intersection complies with Australian Roads Standards and is approved by the RTA. Any other traffic management proposals that require substantial financial commitment from Council would make the subdivision financially unviable to proceed.
Therefore in order to develop a total long-term solution for access/traffic management in this locality, it requires a strong partnership between the RTA, the Department of School Education, the Blaxland Public School, the local community and Council, noting that Council’s role is more in terms of facilitation than funding any further improvements.
J Wyndham Prince Pty Ltd has been appointed to consult with the RTA and provide Council with a design that improves access/intersection arrangements at the intersection of the Great Western High Way and Baden Place, Blaxland. Other options have also been investigated together with cost implications for Council. Attachment 1 shows details of each of the following options:
Option (a): Extension of Wilson Way/Great Western Highway Intersection to Baden Place
Option (b): Construction of a new roadway through 184 and 185 Great Western Highway, Blaxland immediately adjoins the southern boundary of the Blaxland Public School.
Option (c) Seagull design at the intersection of the Great Western Highway and Baden Place
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Attachment 2
TRANSPORTATION & ROADS Item 17 - Ordinary Meeting, 24/9/02
Transport and Traffic Planning Associates has been appointed as an independent auditor to assess safety outcomes for each option. The safety audit outcomes have been discussed with the Blaxland Public School Council. Details of the assessment of each option and the outcomes of the discussions with the School Council can be summarised as follows:
Assessment Option (a) Option (b) Option (c) Criteria Traffic Traffic Impact Slight decrease in capacity in Slight decrease in capacity No change to GWH. (capacity) Wilson Way due to inclusion of in Wilson Way due to Increased capacity in Baden Place into intersection inclusion of a new arm into Baden Place (i.e. 2 exit intersection lanes) Suitability of Size of proposal would not Size of proposal would not Minor changes. Widely control type normally require traffic signal normally require traffic use along the GWH control signal control throughout the mountains Safety School activity Formal traffic control at Baden No change/improvement to Little change. Extended Place school access right turn acceleration lane Road users Formal control at Baden Place. This Option provides the As above Left turn from Wilson Way has proposed subdivision with low entering sight distance a formal controlled access. being less than the RTA’s All other controls are guidelines retained as existing Pedestrians Provision of controlled crossing As existing As existing at Baden Place, although may not be in desire line Large Vehicles Large vehicles would not be No change to existing Buses are provided with a able to turn left out of Wilson longer waiting lane Way without crossing 2-3 lanes of the GWH Findings of safety Pedestrian crossing provided Improved access for the Intersection currently audits outside of student desire line. proposed subdivision, but operates satisfactorily with Poor visibility at Wilson Way no change to school access some slight improvement left turn intersection proposed Costs Infrastructure Extensive cost associated with Removal of existing Nil extension of Wilson Way structures Road construction Construction of Wilson Way Construction of new Minimal cost of road roadway over 184 and 185 upgrade GWH Land acquisition Use of Blaxland War Memorial Acquisition of 185 GWH Nil Park Page 96
QUALITY LOCAL GOVERNMENT Item 21 - Ordinary Meeting, 3/12/02
Attachment 2
TRANSPORTATION & ROADS Item 17 - Ordinary Meeting, 24/9/02
Traffic Controls Relocation of traffic lights Amendment of existing Nil traffic lights Total estimated Greater than $650,000 Greater than $815,000 Approximately $75,000 cost Feasibility From affected Limited land area may Minor amendments to the Feasible as having little parties’ encroach onto historical existing traffic lights that change to road layout that perspective structures and/or Sate Rail’s require the RTA’s provides the intersection land. The time and cost concurrence. This option with some improvement involved would make the would be costly due to loss and an acceleration length proposed subdivision not of ‘integrated housing’ for buses. feasible. land and cost of acquisition From a Potential loss of Blaxland War Potential traffic increase Little change to existing community’s Memorial Park that may not be through the proposed conditions of Baden Place perspective acceptable subdivision intersection From surrounding Signals will affect properties This Option requires No acquisition is required land owners’ adjoining Baden Place acquisition of 185 Great perspective Western Highway Overall NOT FEASIBLE – it is NOT FEASIBLE – it is FEASIBLE – this option Comments possible for the project to be possible for the project to complies with the deferred cancelled be cancelled commencement consent’s requirement and is accepted by the RTA.
Overall, Option (c) being a “Sea Gull” design at the intersection of the Great Western Highway and Baden Place, Blaxland is considered to be the only feasible option for the 1 into 17 lot subdivision project that provides some improvements to access and traffic arrangements at Baden Place. As mentioned earlier, this Option has been approved by the RTA. However, the Blaxland Public School Council is of different opinion that:
"the relocation of the lights and the extension of Wilson Way to form an intersection controlled by lights with Baden Place will provide the safest access for our school community. The entire intersection (including the left turn) should be relocated, and the extension of Wilson Way should run adjacent to the railway line, not through the middle of the park.
The School firmly believes that a seagull turn will make this intersection LESS safe. Further, we believe that proceeds of the sale of the property 184 Great Western Highway (which was purchased for the purpose of access to this subdivision) and the funds currently allocated for upgrading this intersection, should be used towards this upgrade of the intersection controlled by lights prior to the sale of ANY land in this subdivision. Page 97
QUALITY LOCAL GOVERNMENT Item 21 - Ordinary Meeting, 3/12/02
Attachment 2
TRANSPORTATION & ROADS Item 17 - Ordinary Meeting, 24/9/02
The following points support the school's position as stated above:
o The entire school population lives east of the school and so all cars and the two school buses must turn right out of Baden Place across the Great Western Highway every day. More than half of the school population, and one of the two school buses must then get across two lanes of traffic to turn left into Wilson Way within the space of 50 metres. o At present the bus drivers are coerced to come out half way and stop, waiting for a break in traffic travelling east down the Highway. Cars travelling west are forced to stop because the bus is blocking the Highway. o There is poor sight distance due to the alignment of the Great Western Highway, for traffic turning right out of Baden Place. Drivers must come out half way and stop. If two or more cars are in the turning bay then the vision of the first car is obscured by the second car. We have an agreement amongst all parents/carers that ONE car only should sit out in the turn lane. o The proposed subdivision will put pressure on our current situation, particularly during the construction phase, when our 'agreement' of one car only out in the merge space will not be able to be implemented. The proposed subdivision will exacerbate an already unacceptable situation. o The proposed seagull turn (no matter it's length) would encourage more than one car to join the lane thus obscuring the vision for the first car making it more dangerous for the first driver, not less so. In a letter dated 23 January, 2002 to the RTA from Blue Mountains City Council appointed engineers, J. Wyndham Prince Pty. Ltd, the following comments were made
"...the Highway, eastbound, does approach the intersection around a right hand curve. If two or more vehicles and/or buses were able to store in the median area we believe there would be insufficient sight distance for these vehicles, particularly the first vehicle, to merge with the through highway (traffic), safely."
o Although allowance has been made in the proposed seagull turn to accommodate a bus, the bus drivers would not use it, as the poor sight distance would force them to rely on their side mirror, which would not provide adequate vision. Also, one of the two school buses has insufficient road length to get across two lanes of traffic and make a left turn into Wilson Way. o Moving the entire intersection, including the left hand turn, and aligning the extension of Wilson Way to run adjacent to the railway .line, will allow for the creation of a better intersection than currently exists for Wilson Way. Extending the footpath up to the new intersection and placing fencing along the highway will prevent any temptation to cross the Highway. o We believe that as the property at 184 Great Western Highway was acquired for the purpose of access then it should be used in that manner, whether for direct access or for the proceeds of the sale of the property to be used as a contribution to another solution"
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Attachment 2
TRANSPORTATION & ROADS Item 17 - Ordinary Meeting, 24/9/02
In addition to the above, the Blaxland Public School Council also suggested that Council should not construct the ‘Sea Gull’ design as in its view this the design would not improve access and traffic arrangements at Baden Place intersection and that Council should rather save the money for the Wilson Way extension proposal. As the matter of improving access and traffic arrangements at Baden Place intersection is a condition of the Development Consent, Council as a developer of the land is required to comply with it unless this particular condition of the Development Consent is amended.
Council has also received a letter from a member of the Blaxland War Memorial Park Lobby Committee advising that no objection is raised to the proposed extension through the park providing that:
“1. The road is adjacent to the railway fence and that no more land is absolutely necessary is taken from the park to construct the road. 2. That any heritage items within the park such as: a) the original rock foundation wall of the Great Western Highway, and b) the picnic shelters are not disturbed in any way. 3. That the park is re-opened for public use. 4. That the old road is cut off at the current lights and the War Memorial again comes within the precinct of the park, as it was originally. 5. That a pedestrian path be continued from the present lights to the new lights, inside the safety barrier alongside the road and on the park boundary. 6. That the Blaxland War Memorial Park is protected throughout the duration of the construction, i.e. no material stock piles.
The Blaxland War Memorial Park is a very important historical significant site in Blaxland and must be preserved. The Park has been gazetted an area for “Public Purposes” since 29 April, 1978. It is the gateway to our town and has been in the past the site for many town activities. Hopefully with the park re-opened the people of Blaxland may once again use their park for the purpose for which it was intended.”
Both letters from the Blaxland Public School and the Blaxland War Memorial Park Lobby Committee suggest Council considering Option (a), which would make the development financially unviable. From a development perspective, it is unreasonable to link the proposed subdivision with the existing traffic management concerns in this locality and to use the proposed subdivision to resolve the issue. As indicated earlier in the report, the Department of School Education and the RTA are the appropriate authorities to fund such an option, not Council.
Further, the proposal to extend Wilson Way over Blaxland War Memorial Park would require substantial consultation and negotiations with the local community. As the Park is already a narrow strip of land, the use of the eastern section of the park along the railway line as suggested in the correspondence outlined above would likely make the remaining land less functional as a park and more dangerous for park users (between the two main streams of vehicular traffic flows).
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QUALITY LOCAL GOVERNMENT Item 21 - Ordinary Meeting, 3/12/02
Attachment 2
TRANSPORTATION & ROADS Item 17 - Ordinary Meeting, 24/9/02
Conclusion It is considered unreasonable to link the proposed subdivision with the existing traffic management concerns in this locality and to use the proposed subdivision to resolve the an existing issue. The responsibility to address this issue falls clearly to the two State Government authorities, the Department of School Education in respect of its responsibility for Blaxland Public School and the RTA in respect of its responsibility for the Great Western Highway.
Council has previously resolved that a significant portion of the income generated from the sale of the Blaxland Res I will be used to fund the construction of the Lower Mountains Aquatic Centre and Council’s contribution to the two-court indoor basketball and sports facility at Blaxland High School. It is therefore important to ensure the viability of the subdivision project. The only viable short-term traffic management option is to implement the proposed ‘Sea Gull’ design at the intersection of Baden Place and the Great Western Highway. This option complies with the Australian Roads Standards and is approved by the RTA. Other traffic management options would make the proposed subdivision financially unviable.
Therefore, in pursuing a total traffic management solution for this locality by strategically managing a process that facilitates partnerships between the Blaxland Public School, the local community, the relevant State Government agencies and Council, and that attracts adequate funding from relevant sources is considered the mast appropriate way forward to address the long term traffic issues and the recommendations propose this way forward.
In view of the above it is recommended that Council support the establishment of a ‘Traffic Solution/Management Taskforce’ for this locality. Members of the Taskforce should comprise representatives from the Blaxland School Council and the Blaxland War Memorial Park Lobby Committee, a local resident, interested Councillors and Council’s Access, Transport and Infrastructure staff.
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Attachment 2
TRANSPORTATION & ROADS Item 17 - Ordinary Meeting, 24/9/02
Attachment 1
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Attachment 2
TRANSPORTATION & ROADS Item 17 - Ordinary Meeting, 24/9/02
Attachment 1
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Attachment 2
TRANSPORTATION & ROADS Item 17 - Ordinary Meeting, 24/9/02
Attachment 1
Page 103
PROTECTION OF THE NATURAL ENVIRONMENT Ordinary Meeting, 3/12/02
ITEM NO: 22
SUBJECT: OPEN BURN POLICY
FILE NO: C03103
Recommendation:
That the draft policy be exhibited for public comment from Mid December to the end of January and a copy be provided to the community groups that have made representations regarding this issue over the several months.
Report by Group Manager, City Solutions:
Introduction
There has been some controversy in recent times regarding the relationship between the Protection of the Environment Operations (Control of Burning) Regulation, 2000 and the carrying out of legitimate bush fire hazard reduction works.
The purpose of this report is to update the existing policy position of Blue Mountains Council and to clarify the relationships between air quality management and activities like bush fire hazard reduction work. In implementing the policy in relation to this matter, the major point of conflict has been over at what point garden maintenance becomes bush fire hazard reduction work. The Council has received strong representations from the owners of large lots at Mt Wilson in particular, with regard to the burden that these activities can potentially place on landowners. Council officers have been working with the Rural Fire Service and the NSW Fire Brigade to streamline and simplify the processes.
In September 2000, the implementation of the Protection of the Environment Operations (Control of Burning) Regulation commenced. The aim of this Regulation and one of the aims of the parent legislation, the Protection of the Environment Operations Act, is to improve air quality and minimise pollution. This is achieved through limiting the types of material that may be burnt and the location where these materials may be burnt.
The regulation creates controls on a local government area basis. These controls are in the form of schedules attached to the regulation, indicating exactly what type of burning in the open is permissible or prohibited.
The City of Blue Mountains falls within Schedule 1 Part 2 (areas in which burning of vegetation is prohibited except with an approval) and Schedule 1 Part 3 (areas in which all burning (other than the burning of vegetation) is prohibited except approval or except for on site burning of domestic waste on residential premises where domestic waste management services are not available).
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PROTECTION OF THE NATURAL ENVIRONMENT Item 22 - Ordinary Meeting, 3/12/02
Application of the Regulation
The Control of Burning Regulation does not apply to the application of specific types of activities under taken through four identified Acts. (Cl 4 – POEO Control of Burning Regulation)
These are:
S Carrying out bush fire hazard reduction work under the Rural Fires Act, 1997, that is reasonably necessary for the protection of life and property.
S The destruction by burning, any prohibited plant or prohibited drug under the Drug Misuse and Trafficking Act, 1985.
S The destruction, by burning, of an animal that has died, or is reasonably suspected to have died, as a result of a disease proclaimed under the Stock Diseases Act, 1923 or an exotic disease within the meaning of the Exotic Diseases of Animals Act, 1991.
Control of Burning Generally
The regulation establishes a general requirement for any person who wishes to burn anything in the open or in an incinerator to use every practicable means to prevent or minimise air pollution.
The means outlined for minimising air pollution include the following as a minimum:
S Taking in to account the potential for smoke impacting any person due to wind direction and weather conditions. S Taking reasonable measures to ensure that the material being burnt is not wet. S Burning material that is suitable for disposal by burning, having regard for to the possible effects on human health and the environment.
Prohibition of Certain Articles
The regulation makes it an offence (Clause 6) to burn certain types of materials either in the open or in an incinerator these include;
S Tyres S Coated wire S Paint containers and residue S Solvent containers and residue S Timber treated with copper chromium arsenate (CCA) or pentachlorophenol (PCP)
Application of the Schedules
Outside of the exempt activities identified earlier or the prohibited articles (which it is illegal to burn) certain types of open burning activities require an approval from Council prior to the activity commencing.
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PROTECTION OF THE NATURAL ENVIRONMENT Item 22 - Ordinary Meeting, 3/12/02
Within the City of the Blue Mountains, any fire for the purposes burning vegetation in the open, disposal of garden waste by fire or celebratory bonfires require an approval from Council.
As all residences within the City have a garbage service, the burning of domestic waste is also prohibited.
Other Types of Fires That Do Not Require an Approval from Council
There are a number of other types of activities using fire in the open that do not require an approval from Council as outlined in Clause 8 of the Regulation, these include:
S Cooking or barbequing in the open, or to light a fire for recreation purposes like Camping, Scouting and Picnicking as long as the material is dry seasoned timber, LPG or Natural Gas or other proprietary fuel is used.
S Burning vegetation in the course of carrying out agricultural operations, on the premises the vegetation grew, as long as the following are adhered to: 2 The vegetation is for land clearing (other than for construction). N.B. this is still subject to an approval for land clearance from Council. 2 The burning of diseased stubble, orchard prunings, diseased crops, weeds or pest animal habitats on farms, 2 The burning of pasture for regenerative purposes.
Approval for Certain Types of Open Fires
Council may issue an approval for those types of fires identified above (i.e. garden waste and other types of vegetation), where the material is dead and dry and the vegetation was grown on the property that the fire is proposed for.
In granting an approval Council must consider the following items:
S The impact on regional air quality or amenity. S The impact on local air quality or amenity. S The feasibility of re-use, recycling or other alternative means of disposal. S Any opinions of the sector of the public likely to be affected by the proposed approval.
In addition to this Council may also provide a blanket approval for relevant burning activities by identifying a class of person that the approval should apply.
Recommended Policy Approach
The recommended policy approach has been developed in discussion with, and reflects the policy position of the NSW Fire Brigades and the Rural Fire Service, as the other key management agencies with related responsibilities.
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PROTECTION OF THE NATURAL ENVIRONMENT Item 22 - Ordinary Meeting, 3/12/02
The draft policy also assists landowners in the meeting of the their obligations and ensures that air pollution is adequately addressed whilst allowing for fire as a method of disposing of waste vegetation where other practical means of disposal are not available. (Refer to Attachment 1 for a diagram of the proposed process).
The policy provides additional guidelines to landowners regarding the nature and type of burning that will be supported in Councils implementation of the Control of Burning Regulation .It differentiates categories according to size of property and whether that property in within a NSW Fire Brigade or a Rural Fire Service District. ( Councillors have been provided with maps of the districts as a separate enclosure and these maps will be made available on Council’s web site with the implementation of this policy).
It is recommended that the draft policy as outlined below be exhibited for public comment from Mid December to the end of January and a copy be provided to the community groups that have made representations regarding this issue over the several months. This time period makes an allowance for the Christmas holidays.
Once Council has again considered this matter and determined the final policy approach, the necessary exemptions will be notified in accordance with the Regulation in order to implement this aspect of the policy.
Proposed Draft Policy
Policy Objectives
S To ensure that legitimate bush fire hazard work and other exempt activities are not restricted, S To ensure that air quality within the City is valued and that practices are established to minimise unnecessary pollution causing activities.
Properties within NSWFB District and less than 1 ha (+/- 10%) Open burning will not be permitted – these properties are sufficiently small that alternative means of disposal such as mulching and waste services are readily available.
Properties within NSWFB District and greater than 1 ha (+/- 10%) Open burning permitted with approval – these properties are considered large enough that alternative means of disposal are limited.
Properties within RFS District and less than 1 ha (+/- 10%) Open burning permitted with approval – these properties are considered to be far enough removed from waste disposal facilities to remove this alternative option as a viable alternative. Page 107
PROTECTION OF THE NATURAL ENVIRONMENT Item 22 - Ordinary Meeting, 3/12/02
Properties within RFS District and greater than 1 ha (+/- 10%) Open burning permitted as an activity not requiring approval if the proposed pile burn is not greater than 2m3. Material burnt must be dead and dry. The material must originate from the property that the burn is proposed for. Suitable fire safety / suppression equipment and water supplies must be in place prior to the pile being lit.
Where piles are greater than 2m3, approval will be required from Council.
The necessary notifications under the Rural Fires Act would still apply, in that anyone lighting a fire would be required to give the RFS/NSW Fire Brigade and their neighbours a minimum of 24 hours notice prior to actually lighting the fire. Any person lighting a fire is also required to notify the RFS or NSW Fire Brigade immediately before lighting commences and again once the fire has been extinguished.
If the lighting of any fire were to occur during the bush fire danger period, a permit from either the Rural Fire Service or the NSW Fire Brigades would be required. The purpose of this permit is to provide for the safe use of fire.
A pile of vegetation to be burned is not to be located any closer than 10m distance from a structure or house.
An area of 4m is to cleared around any proposed burn.
There is to be no overhanging canopy in the area of the planned burn.
Wind speed must be monitored and a fire must not be lit if the average wind speed exceeds 15 kph. Once a fire has been lit, if the average wind speed exceeds 15 kph, then the fire is to be extinguished until conditions are suitable for the burn to continue.
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PROTECTION OF THE NATURAL ENVIRONMENT Item 22 - Ordinary Meeting, 3/12/02
Attachment 1
Vegetation or other material required to be burnt
Bush Fire Hazard Noxious Weeds Agricultural Animal Carcass Reduction Disposal Activities (?)
During bush fire danger period apply for a permit for the safe use of fire from the NSW Fire Brigade or NSW Rural Fire Service
Other Burning s.87 or s.88 permit and Hazard Reduction s.87 or s.88 permit s.87 or s.88 permit s.87 or s.88 permit certificate process under RFA under RFA under RFA under Rural Fires Act, 1997
Control of Burning Regulation. Apply heads of Consideration from Reg and Policy
Fire District and < Rural Fire District Rural Fire District Fire District > 1ha 1ha < 1ha > 1ha
Permit from the NSW Fire Brigade or Rural Fire Service required during the Bush Fire Danger Period.
Burning permitted Burning permitted Burning permitted with approval. with approval. without approval if Burning not Heads of Heads of cl.9 applied and permitted consideration from consideration from other conditions cl.9 must be cl.9 must be from the policy applied applied
Page 109
PROTECTION OF THE NATURAL ENVIRONMENT Ordinary Meeting, 3/12/02
ITEM NO: 23
SUBJECT: STATE OF THE ENVIRONMENT REPORT 2001-2002
FILE NO: C01626
Recommendations:
1. That Council note and receive the State of the Environment report for the year 2001- 2002.
2. That the State of the Environment Report be distributed to libraries, schools, relevant local and state government agencies, and peak community groups. Additionally, the report be placed on Council’s Internet site and be available for sale to our community at a cost of $5.50 each for hardcopies and $1 for CD ROMs.
Report by Group Manager, City Solutions:
Introduction
As part of their role in protecting and managing the environment, Councils are required under section 428(2)(c) of the Local Government Act 1993 to produce annual reports which include information on the state of the environment.
Comprehensive, or detailed, reports are required to be prepared every 4 years, with supplementary reports providing updates in the intervening years. The last State of the Environment (SoE) report prepared by Council (2000-2001) was a supplementary report. The next comprehensive report is due to be completed by 30 November 2004 covering the 2003- 2004 financial year. The legislation requires that Councils must have regard to the SoE when they prepare or revise their Management Plans.
State of the Environment (SoE) reporting seeks to describe the condition of the environment, the pressures affecting it and the responses of the Council, community and other agencies to address these pressures. It is intended to operate as an integral tool in the move towards sustainability by providing information to assist Council in managing the pressures of human settlement, in the context of maintaining a healthy natural environment for current and future generations.
A list of the major environmental achievements of the 2001-02 financial year is provided in Attachment 1.
Format of the Report
The general format of the report is set by the Local Government Act. Information is presented according to identified sectors (Land, Aquatic Systems, Biodiversity, Air Quality, Waste, Noise, Heritage – Aboriginal and non-Aboriginal). Within these sectors information is presented consistent with a State - Pressure - Response model. Page 110
PROTECTION OF THE NATURAL ENVIRONMENT Item 23 - Ordinary Meeting, 3/12/02
The supplementary report for the past financial year (2001-2002) was submitted to the Department of Local Government to meet the legislative deadline of November 30. Considerable attention has been given to making the report more readable and interesting, as well as being significantly shorter.
Dedication
Mike Eades worked as an environmental scientist with Council for more than 12 years. He was responsible for many organisational achievements towards understanding and protecting our special natural surroundings. As many would be aware, Mike Eades passed away in April 2002. This years report is dedicated to Mike. Many images used throughout the report have been taken from a collection left to Council by Mike.
Trends & Indicators
Considerable work has been conducted and is continuing at all levels of government, aimed at improving the quality of indicators and how to best communicate the complex ecological information in State of Environment reports.
Consistent with the Management Plan Key Actions and performance indicators, which flowed from the recommendations of earlier SoE reporting, Council has committed significant resources to increase the objective measurement of the state of the environment over the last two years. Priority areas have been the data and monitoring associated with landuse planning, biodiversity and water quality.
The development of the City Strategy and the associated sustainability framework will build upon existing indicators, linking them to the vision statements and outcomes that are currently being developed for the City.
Distribution
The State of the Environment report is distributed each year to all libraries, schools, government agencies, WSROC, neighbouring Councils and peak community groups within the Blue Mountains. Hard copies of the report are available to the general public at a cost of $5.50. CD ROM versions will be made available at a cost of $1. The report will be available for distribution before Christmas. A copy of the SoE Report 2001-02 has been separately enclosed for the information of Councillors.
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PROTECTION OF THE NATURAL ENVIRONMENT Item 23 - Ordinary Meeting, 3/12/02
Attachment 1
Major Achievements 2001-2002
Blue Mountains City Council considers that Local Government is at its best when it is working as one with our community.
To meet this goal, Council seeks to improve public participation by providing opportunities for genuine and inclusive involvement in local government decision making and activities. It is Council’s intention to seek broad agreement and ownership of a vision and overall direction for the future of our City including social, economic, cultural and environmental aspects.
Council’s commitment to working as one with our community is reflected in a number of activities that have been held in partnership with, or involved the local community during the reporting period. These and other major achievements for the reporting period are listed below.
Future Directions 6Developed a vision “Blue Mountains - Our Future” in partnership with our community and other stakeholders that provides a framework for us to move closer to a more sustainable Blue Mountains. 6Implementing ISO14001 , an internationally recognized environmental management system in BM City Services.
Understanding Our Environment 6Held Mayoral School Environment Awards with 17 entries from 10 schools with a diverse range of projects and Ministers Debus and Yeadon attending. 6Organized World Environment Day Festival at Springwood in June 2002 which gave residents and visitors the chance to find out about environmental issues and solutions for environment protection in a fun and entertaining way. 6Reinforced the EPA “Don’t Be a Tosser” litter awareness campaign with the emphasis on cigarette butts. The “Kick Butt” campaign targeted drivers, pedestrians, the youth sector, council staff and the general community. 6Established an environmental page on the Council website which includes information on State of Environment Reports; BlueSpace Weed Mapping; Blue Mountains Urban Runoff Control Program; Bushcare in the Blue Mountains; Environmental events, Bushland Reserves and other topics (www.bmcc.nsw.gov.au). 6Prepared and distributed environmental fact sheets on drinking water quality, macroinvertebrate sampling, iron bacteria, stormwater and being a bush-friendly neighbour.
Protecting Our Biodiversity 6Initiated the formation of Landcare groups to deal with land management issues on private property. 6Almost 100 properties visited to provide advice and assistance on weeds management and bush regeneration. 6Vegetation mapping completed at 1:6000 scale, for entire City (excluding National Park). 64 new volunteer Bushcare groups formed bring the total number of active groups to 46. Page 112
PROTECTION OF THE NATURAL ENVIRONMENT Item 23 - Ordinary Meeting, 3/12/02
Attachment 1
Protecting Our Waterways 6Completed riparian buffer model and the aerial laser scanning to assist in managing watercourses. 6Prepared catchment plan for Wentworth Falls Lake resulting in the removal of non-native ducks to improve water quality and amenity. 6Successfully applied for $60 000 in grant funds to assist in addressing sedimentation issues in Yosemite Creek, Katoomba. 6Officially launched the Drain Panel program to raise awareness of stormwater issues. 6Held water awareness event at Katoomba Falls involving local schools. 6Held catchment education day at Popes Glen Blackheath in partnership with the Department of Land and Water Conservation.
Managing Wastes 6Conducted Earthworks courses. Earthworks is a community-based education program which teaches people to make waste minimisation a part of their daily lives. 6Implemented free Kerbside Chipping and Bulky waste Collection services throughout the City.
Community and Other Stakeholder Partnerships 6Hosted Western Sydney Environment Week launch in partnership with the Office of Western Sydney. 6Coordinated Clean Up Australia Day 250 with volunteers and 14 tonnes of rubbish collected. 6Developed and implemented the Living Streams/Streamwatch program in partnership with the Sydney Catchment Authority, Sydney Water, local schools and community groups. 13 new groups formed and three training days held across the City. 6Held an environmental education forum with key stakeholders to increase awareness of Council’s Environmental Education Strategy and build partnership opportunities. 6Participated in the Warragamba Student Catchment Congress as a partnership activity with the Sydney Catchment Authority and involving local schools. 6Worked in partnership with the local indigenous people and NPWS to have “The Gully” listed as a Place of Aboriginal Significance.
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PROTECTION OF THE NATURAL ENVIRONMENT Ordinary Meeting, 3/12/02
ITEM NO: 24
SUBJECT: SALIX ERADICATION PROJECT TENDER
FILE NO: C06083
Recommendation:
That the Bush Doctor be awarded the Salix Eradication Project contract for the lump sum of $130,000.00 (exc GST). The contract will be administered by BMCC and funded by the State Government Blue Mountains Urban Runoff Control Program.
Report by Group Manager, City Solutions:
Project Background
Following funding from the Blue Mountains Urban Runoff Control Program (URCP) a project to eradicate three specific Salix (willow) species from the Blue Mountains has been tendered.
Salix cinerea, Salix nigra and Salix purpurea are all known to occur in the Blue Mountains to varying extents. All three are known ecosystem transforming weeds with the capacity to produce viable seed. Seed from these three species is capable of being carried up to 20 kilometres by the wind. Following the fires to the City’s South during December/January 2001-02 these species were seen to be a major priority for effective control across the City.
To this end, BMCC has applied to the NSW Department of Agriculture for a variation to the Noxious Weed classification of these species that will allow greater levels of control to be enforced across private land infestations within the City. At the same time a substantial investment has been required to control these species on Council and Crown land.
Tenders were invited from a preferred contractor list approved by the URCP. Mapping was generated from BlueSpace weed mapping data and potential tenderers investigated all known infestations of Salix across the City to determine species composition and preferred treatment methods.
Project Funding
The URCP is wholly funding this project. Financial and contract administration will be conducted by BMCC.
Tender Review Process
A Tender Assessment Panel of three was convened including Council’s Degraded Land Program Manger and two external personnel, from NPWS and DLWC respectively. Page 114
PROTECTION OF THE NATURAL ENVIRONMENT Item 24 - Ordinary Meeting, 3/12/02
Two complying tenders were received, being from The Good Bush People, and The Bush Doctor.
The following criteria were listed for assessment in the tender documents and have been weighted as follows;
Criteria Weighting Quality of measurable weed control, revegetation and regeneration results 20% proposed Quality of streambank stabilisation and gully erosion control structures 20% Value for money; including hourly rate, cost of materials, efficiency 15% Relevant experience of staff/subcontractors to be employed 15% Performance on previous projects for BMCC/BMURCP or for other 10% employers (assessed by the Tender Assessment convenor from known past performance) Experience of organisation in projects of similar scale involving similar 10% works Quality of proposed risk management strategy 10%
The quality of tendered strategy was extremely high and the Tender Assessment Panel reached its decision after considerable thought and deliberation.
Overall rankings (and scores) for the two tenderers were:
Rank Tenderer Average Weighted Score* 1 The Bush Doctor 4.12 2 The Good Bush People 4.04
* Maximum possible score is 5 The Bush Doctor (82.4%) The Good Bush People (80.8%)
All members agreed that the tender should be awarded to the Bush Doctor on the basis of thoroughness, value for money, and proposed outcomes.
Detailed evaluation sheets are available on the Council file.
Comment by Tender Review Committee
The Tender Review Committee has reviewed the tender procedures and is satisfied as to the fairness of the process.
Conclusion
It is recommended that the Bush Doctor be awarded the Salix Eradication Project contract for the lump sum of $130,000.00 (exc GST). The contract will be administered by BMCC and funded by the State Government Blue Mountains Urban Runoff Control Program. Page 115
LAND USE MANAGEMENT Ordinary Meeting, 3/12/02
ITEM NO: 25
SUBJECT: SECTION 96 APPLICATION TO MODIFY DEVELOPMENT APPLICATION NO. X01/0110 FOR A SINGLE STOREY DWELLING ON LOT 31 SECTION 8 DP 11078, NO. 60 VIEW STREET LAWSON
FILE NO: X01/0110
Recommendation:
That Development Application No. X01/0110 for a single storey dwelling on Lot 31, Section 8, DP 11078, No. 60 View Street Lawson be modified pursuant to S.96 of the Environmental Planning and Assessment Act 1979 by amending Condition Nos. 19 and 20 to read:
“19. Landscaping is required to ensure that the development contributes to the character of the Blue Mountains and its environmentally sustainability. In this regard the site shall be landscaped in accordance with the Landscape Plan prepared by Philip Denyer Landscape Architect dated 25 October, 2002”
“20. In order to protect the sensitive vegetation at the rear of the site, the area of the site between the private recreation area and the rear of the property shown as undisturbed on the Landscape Plan prepared by Anna King Landscape Architects dated 30 March 2001, shall be cleared of noxious weeds and revegetated with local native vegetation in accordance with a Bushland Management Plan prepared by a suitably qualified person. The Plan shall also address on going maintenance of the buffer area and of the vegetative mound separating the private recreation area from the buffer area as shown on the Amended Landscape Plan prepared by Philip Denyer Landscape Architect dated 25 October 2002. Such Plan shall be submitted to and approved by Council and the works are to be completed prior to 1 February, 2003.”
Report by Group Manager, Environmental & Customer Services:
Reason for report Development Application No. X01/0110 was originally determined by Council. In accordance with Council Policy, an application seeking to modify a Development Consent which was determined by Council must also be reported to Council for consideration and determination.
Applicant Neil O’Brien
Owner Neil O’Brien Investments Pty Ltd.
Application lodged 6 September 2002.
Property address Lot 31, Section 8, DP 11078, No. 60 View Street Lawson Page 116
LAND USE MANAGEMENT Item 25 - Ordinary Meeting, 3/12/02
Site description The site is located on the eastern side of View Street, Lawson. The property has a total area of 2198 square meters and its dimensions are approximately 109 metres in length and 20 metres in width. The front portion of the allotment slopes gently away from the road increasing to a grade of approximately 1 in 5 toward the centre before flattening to a gently slope to the rear of the property. The land is traversed in two locations by a sewer main, once approximately one third of the way down the slope and again approximately two thirds along the length of the property. In between, the main runs adjacent to the northern boundary. The site also contains a sensitive vegetation community, a sedge swamp, adjacent to the rear boundary.
Proposal The applicant seeks to modify to Development Consent No. X01/0110 by amending the approved landscaping plan for the property as follows:
S Replacement of the approved grass Pennisetum clandestinum (Kikuyu) in the turfed area immediately to the rear of the dwelling with Festuca arundinacae (Tall Fescue) which is also known as Festuca elatior; S Replacement of native grasses in the lower lawn area downslope from the dwelling with Festuca arundinacae (Tall Fescue); S Provision of a raised vegetated mound on the downslope edge of the lawn area; S Provide weed free tree mulch to a minimum depth of 75mm to the mound and hollow of the buffer area; S Provision of 180 sterile hybrid Lomandra longifolia plantings and weed free mulch to the mound area.
A copy of the plans showing the proposed modifications form Attachment 1 to this Report.
Background Council, at its meeting on 12 June 2001 resolved to grant Consent to Development Application No. X01/0110 for the erection of a single storey brick dwelling with an attached double garage on the subject property.
The application had been referred to Council for determination at the request of two (2) Councillors.
Construction of the building proceeded and has been completed. However landscaping of the site departs from that shown on the approved Landscape Plan in that Festuca arundinacae (Tall Fescue) has been planted in the lawn areas in lieu of Kikuyu (upper lawn area) and native grasses (lower lawn area).
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LAND USE MANAGEMENT Item 25 - Ordinary Meeting, 3/12/02
The matter was raised with the applicant who has now submitted an application under Section 96 of the Environmental Planning & Assessment Act 1979 seeking to vary the approved Landscape Plan to reflect these changes.
Development controls Zoning – Local Environmental Plan No. 4 – Residential 2(a1)
Draft Local Environmental Plan 2002 - Living – Bushland Conservation (86%) - Environmental Protection (14%) - Protected Area – Slope Constraint Area - Protected Area – Ecological Buffer Area
Notification The original application was notified to adjoining property owners for a period of fourteen (14) days with two (2) submissions being received, one (1) from the adjoining property owners and one (1) from the Blue Mountains Conservation Society.
In accordance with Council’s Development Control Plan No. (DCP) 35 - Community Consultation for Land Use Management, the proposed modification has been notified to the adjoining property owners and also to the Conservation Society.
One (1) submission has been received raising a number of issues which are summarised below:
S Tall Fescue is a well documented invasive weed and should not be used immediately upslope of a hanging swamp; S The reasons for the proposed modification are not valid. The lower lawn area was never proposed to be planted with Kikuyu as indicated by the applicant; S There should be no retrospective approval of works that breach Council consent.
Issues Assessment issues –
S Statutory considerations S Environmental Impact S Resident submissions
Discussion of Issues
1. Statutory Considerations
In modifying a consent, Section 96(2) of the Environmental Planning and Assessment Act, 1979, requires that the Council must be satisfied that the development to which the consent, as modified, relates is substantially the same development. Page 118
LAND USE MANAGEMENT Item 25 - Ordinary Meeting, 3/12/02
In this regard the proposed modification is not anticipated to materially change the development but instead seeks minor changes to the landscaping of the site. Accordingly the development, if modified, is still considered to be substantially the same as that which was approved.
In determining an application to modify a Development Consent, Section 96(3) of the Act requires Council to take into consideration such of the matters referred to in Section 79C of the Act as are of relevance to the development the subject of the application.
The application was assessed against the relevant provisions of Section 79C of the Environmental Planning and Assessment Act, 1979, and for compliance with Local Environmental Plan No. 4 (LEP 4) and the following matters are considered to be of relevance.
2. Environmental Impact
The impact of the development on the environment was raised in submissions with the original application as an area of concern. In particular, submissions received at that time raised concern that the development did not provide for the protection of sensitive vegetation located at the rear of the site or an adequate buffer to this vegetation.
Investigations undertaken by Council’s Environmental Scientist at that time indicated that a small area of remnant sedge swamp exists on the south eastern corner of the property adjacent to the rear boundary. It was recommended that disturbance to the site be kept to that part of the lot above the sewer main traversing the lower one third of the property in order to protect the remnant vegetation.
The environmental studies undertaken as part of the Draft LEP 2002 process confirm the existence of the sensitive vegetation being confined to the very rear portion of the lot.
The development as approved, with the exception of the lower lawn area containing the stormwater disposal trench, was located above the sewer main traversing the upper one third of the property and incorporated a buffer of approximately 50 metres between the sensitive vegetation and the rear of the lower lawn or private recreation area. The modification does not propose to reduce this buffer area but rather amend the species of grasses used in the lawn area upslope of the buffer.
Festuca arundinacae (Tall Fescue) is widely available and regularly used in urban areas of the Blue Mountains for landscape applications. It was often promoted in the past as a species suitable for use in the Mountains. However, it is now generally accepted by bush regeneration practitioners to be an invasive grass species and can cause problems in colonising native bushland, particularly where established maintenance schedules are inadequate. Notwithstanding, provided that the landscaped area is physically separated from the sensitive vegetation, or otherwise provided with a physical barrier to control its spread, Fescue is considered acceptable for use in the majority of cases. Page 119
LAND USE MANAGEMENT Item 25 - Ordinary Meeting, 3/12/02
Council’s Landscape Assessment Officer has assessed the proposed modification and considers that the combination of soil mounding and a densely planted vegetative screen with a fallow, mulched zone, as proposed, if correctly implemented and maintained, will provide an effective physical barrier to weed propagule movement.
It is noted however that a condition was imposed on the original Development Consent requiring the submission of a Bushland Management Plan for the removal of noxious weeds from, and revegetation of, the buffer area downslope of the lawn areas. It is considered that should Council agree to the use of Tall Fescue in the lawn areas, the Bushland Management Plan would need to be amended to address the maintenance of the vegetative mound.
3. Submissions
The main issue raised in the submission received as a result of the community consultation process related to the environmental impacts of the proposed modification and have been discussed in the preceding section of the Report. The following comments are made in respect to the remaining issue raised.
S There should be no retrospective approval of works that breach Council Consent conditions.
Comment:
The provisions of the Environmental Planning & Assessment Act 1979 enable an applicant to seek modification of a development consent issued by a consent authority (eg Council). Furthermore, recent decisions of the Land and Environment Court have clearly held that modifications to a consent can be granted retrospectively. In determining whether to grant such modification, the consent authority must consider each application on its merits having regard to the circumstances of the case.
Conclusion
The Section 96 application has been assessed under the relevant heads of consideration contained in Section 79C of the Environmental Planning and Assessment Act 1979. It is considered that the proposed landscaping incorporates appropriate controls to minimise the possibility of Tall Fescue colonising the sensitive vegetation located at the rear of the property. Accordingly, it is recommended that the application to modify the Consent be approved and the necessary consequential changes be made to Condition Nos 19 and 20 of the Consent.
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LAND USE MANAGEMENT Item 25 - Ordinary Meeting, 3/12/02
Attachment
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LAND USE MANAGEMENT Ordinary Meeting, 3/12/02
ITEM NO: 26
SUBJECT: SECTION 96 APPLICATION TO MODIFY DEVELOPMENT APPLICATION NO. X00/1780 FOR BUILDING ADDITIONS TO THE EXISTING RESORT COMPLEX (STAGE 2 OF FAIRMONT) TO PROVIDE EIGHTY (80) GUEST ACCOMMODATION SUITES WITH BASEMENT PARKING LOT 1 DP 718860, NO. 1 SUBLIME POINT ROAD, LEURA
FILE NO: X00/1780
Recommendation:
That Development Application No. X00/1780 for the Stage 2 Additions to the Fairmont Resort on Lot 1, DP 718860, No. 1 Sublime Point Road, Leura be modified pursuant to S.96 of the Environmental Planning and Assessment Act 1979 by amending the deferred commencement conditions to require compliance with 2 years of the date of consent (expiring on 5 December 2003).
Report by Group Manager, Environmental and Customer Services:
Reason for report The matter was originally determined by Council.
Applicant/Owner Hotel Capital Partners.
Application lodged 28 October 2002.
Property address Lot 1, DP 718860 No. 1 Sublime Point Road, Leura.
RD 1414 4455 445547474949 494951515353 18-2018-20 144 18-2018-20 144 S 1313 E 2-102-10 66 G 2-102-10
R O 2-102-10 2 E 2323 G 2-102-10
25-2725-27 T 25-2725-27 S 3322 2-102-10 36363838 ZRO 2-102-10 Y ST Subject site 3333 3333 3939 39394141 2-102-10 6 33 11 2-102-10
2222 11 R 11 D 44 88 D R 88 8 1212 3 1212 1313 0
N
L 1616 1616 9-119-11 D R
A Page 122
LAND USE MANAGEMENT Item 26 - Ordinary Meeting, 3/12/02
Background/ On 6 December 2001, Council granted a Deferred Introduction Commencement Consent pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979 to the subject development, such consent being granted following concurrence for the Director of Planning from the then Department of Urban Affairs and Planning (now Planning NSW).
The Deferred Commencement Consent required building design and engineering amendment to the plans and documentation submitted within a twelve month period from the 6 December 2001 (expiring on 5 December 2002).
Application has now been received seeking Council support to extend the period within which to satisfy Deferred Commencement matters by a further twelve (12) months (expiring on 5 December 2003). In support of this request, the following correspondence was received from Hotel Capital Partners:
“In December 2001, Blue Mountains City Council granted Peppers Fairmont Resort a Deferred Commencement Consent to the above application. The consent requires Peppers to make a number of significant alterations to the plans originally submitted.
I am writing to seek a one year extension to the Deferred Commencement Consent.
On 11 June 2002, Hotel Capital Partners Limited (‘HCP’) was appointed the new responsible entity of Peppers Hotel Trust, owner of the Fairmont Resort. This occurred after a meeting of unitholders voted in favour of the retirement of the incumbent responsible entity, Australian Management Limited.
With the appointment of HCP, a full review of all aspects of the Fairmont property, including the planned Stage Two development, was undertaken. HCP has commenced work on meeting the Council's requirements as specified in your letter of 6 December 2001. However, because of the change in responsible entity, it will be unable to have resolved all the matter specified in the Deferred Commencement Consent by the December 2002 expiry date.
The aim of HCP is to operate all its properties on the basis of environmental, social and economic sustainability. We believe the modifications suggested by Council will have a positive effect on the sustainability of the property. Our revised plans for Stage Two, once completed, will meet all Council's requirements and significantly enhance the sustainability of the property. Page 123
LAND USE MANAGEMENT Item 26 - Ordinary Meeting, 3/12/02
Given the amount of effort Council and Peppers have already put into Stage 2, it would be unfortunate if the consent were to lapse, requiring a new Development Application.
The Trust has already allocated around $3 million for the upgrade of existing facilities at Fairmont and work will commence on this upgrade in the near future.”
Conclusion
Pursuant to Section 96 of the Environmental Planning and Assessment Act 1979, Council may, upon application to it by the applicant, amend the terms of a Development Consent. The request is considered to be reasonable, the development proposed is unaltered from the which Council approved in December 2001 and the amendment will have minimal environmental impact.
It is considered that the applicant’s request is well founded and accordingly it is recommended that the twelve (12) months extension of time be granted. The time required to satisfy the deferred commencement matter would then expire on 5 December 2003.
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LAND USE MANAGEMENT Ordinary Meeting, 3/12/02
ITEM NO: 27
SUBJECT: DEVELOPMENT APPLICATION NO. X02/1449 FOR THE CONSTRUCTION OF A LIBRARY, OUTDOOR RECREATION BUILDING, GREENHOUSE, GLASSHOUSE AND COVERED WALKWAYS FOR THE BLUE MOUNTAINS TAFE AT LOT 10 DP 1027881, NO. 2-6 MITCHELL STREET, WENTWORTH FALLS
FILE NO: X02/1449
Recommendation:
That Development Application No. X02/1449 for the construction of a library, outdoor recreation building, greenhouse, glasshouse and covered walkways for the Blue Mountains TAFE at L 10 DP 1027881, No. 2-6 Mitchell Street, Wentworth Falls be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by the granting consent subject to conditions shown in Attachment 1 to this Report.
Report by Group Manager, Environmental and Customer Services:
Reason for report The application is referred to Council for determination as the work value is in excess of $1,000,000.
Applicant Mr S Easter, Department of Education and Training
Owner Department of Education and Training
Application lodged 6 September 2002
Property address 2-6 Mitchell Street, WENTWORTH FALLS
Subject Site
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LAND USE MANAGEMENT Item 27 - Ordinary Meeting, 3/12/02
Site description The subject land is irregular in shape and approximately 6.5Ha in area. The site is largely cleared and has been established with built structures, including numerous educational and ancillary buildings. The remainder of the site incorporates broadacre grassland and scattered trees. The site slopes moderately from south to north with a gentle cross slope from east to west. The site is bound to the north and north west by the main western railway line and to the south by the Great Western Highway. Blue Mountains Grammar School is located to its east and south east, with residential dwellings located to its west. General access to the site is off Mitchell Street to the west.
The existing TAFE complex consists of a row of four interlinked two-storey buildings along the eastern boundary, with car parking facilities located directly to its west.
Background Council issued consent for use of the site as an educational establishment on 31 December 1993, incorporating the four existing buildings and 134 car parking spaces. The 1993 approval also included a Master Plan for the site, showing general areas of future development, including the current proposal.
Further consent was issued on 24 December 2001 for the construction of additional car parking spaces to the west of the existing complex, adjacent to the Mitchell Street entrance.
Proposal It is proposed to develop the following:
a. Two new educational blocks (Block E being the Library Hospitality Building and Block F being the Outdoor Recreation Building). b. A new glasshouse and new greenhouse. c. Extend the cafeteria’s paved area. d. Provide a new lift to existing Block D. e. Provide covered walkways, access paths and service roads.
Proposed Block E is irregular in shape as shown on the plans at attachment 2. It is a dimensions of approximately 39 metres by 39 metres with a maximum height of approximately 7.5 m above natural ground level.
Proposed Block F is rectangular in shape with dimensions of approximately 45 metres by 22 metres. It generally has a maximum height of approximately 8m above the natural ground level. Block F includes a Climbing Wall facility, located to the eastern end of the building in a 10m x 12m area, which has a maximum height of approximately 10.8m.
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LAND USE MANAGEMENT Item 27 - Ordinary Meeting, 3/12/02
The glasshouse and greenhouse are both approximately 7 metres by 5 metres of single storey.
The proposed development generally accords with the Master Plan adopted in 1993. A copy of the submitted proposal is included as Attachment 2 to this Report.
Planning Instruments Zoning LEP 4: Residential 2(a1) DLEP 1997: Living Conservation DLEP 2002: Living Bushland Conservation Special Uses – Educational Establishment
Notification The application was advertised in the Blue Mountains Gazette for a period of 28 days from 18 September 2002 until 17 October 2002. Written notification was also sent to 18 adjoining and nearby properties.
One (1) submission was received as a result of this process.
Discussion of Issues
1. Statutory Considerations
(i) Local Environmental Plan No. 4
The proposed development is permitted under the provisions of LEP4 as an Educational Establishment. Specific clauses relating to the proposed development are outlined in the following table:
Clause Provision Comment 36 18m distance from main Complies. road frontage. 39 Maximum 2 storeys above Complies. ground level.
Whilst the maximum heights are considered over that of a standard two storey building, they are generally in accordance with the scale and heights established by the existing buildings on the site.
(ii) Draft Local Environmental Plan 1997
The proposed development would be permitted under the provisions of DLEP 1997 as an Educational Establishment. The development generally complies with the relevant clauses of DLEP 1997.
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(iii) Draft Local Environmental Plan 2002
It is important in working through the applicability of DLEP 2002 to this application to note that the development application was lodged prior to the exhibition of the DLEP.
The DLEP identifies this site as subject to a Special Use provision. Map Panel C of the plan identifies and Educational Establishment as being permissible on the site.
Under the Special Use Provisions (Clause 118), strict compliance with the development standards of the Living Bushland Conservation Zone is not required, provided the proposal still complies with the relevant zone objectives and a number of other objectives as set out in the provisions.
The proposed development does not meet the building height or site coverage development standards of the Living – Bushland Conservation zone under DLEP 2002. The proposal is, however, considered to generally comply with the zone objectives of the Living Bushland Conservation Zone of DLEP 2002.
The proposal is also considered to meet the principal aims and objectives of the plan.
(iv) Car Parking DCP
The proposed development is assessed against the provisions of Council’s Car Parking DCP as follows:
Requirements Provision Comment 2 spaces/3 staff 177 car spaces At completion of Stage Two there will be a 1 space/5 students maximum of 775 students and 33 staff members located on the site at any one time. There are 177 car parking spaces already situated on site, which meets the requirements of Council’s Car Parking DCP.
2. Impact of Development
An issue was raised by the adjoining eastern property, Blue Mountains Grammar School, regarding the Climbing Wall facility proposed within TAFE’s Outdoor Recreation Building (Block F). Block F is adjacent to the school’s Design and Technology Centre and consists of an overall height of approximately 8m, however the Climbing Wall facility has a maximum height of approximately 10.8m. Blue Mountains Grammar School contends that the height and location of the facility intrudes across the school’s vista to Wentworth Falls Lake and its environs.
This issue was raised with the applicant, who submitted the following points:
a. It would be difficult to relocate the building further north, and down slope, due to the access requirements for people with disabilities. Lowering the overall height by utilising significant site cutting would be difficult for the same reason. Page 128
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b. The area north of the proposed development is also designated for future development, in accordance with the adopted Master Plan of 1993. c. The current height represents a compromise following preliminary discussions with the school, and a subsequent reduction in the height of the facility by 2.4m. d. The Climbing Wall facility would not be fit for purpose if it were further reduced in height. e. The Climbing Wall facility is currently located to the eastern end of Block F. Its relocation to the western end (ie mirror reverse) would affect the proposed cafeteria’s extended paved area, in terms of access to sun and amenity. f. Mirror reversing the facility would adversely affect the educational function of Block F.
It is considered that relocation of the building is inappropriate in terms of adverse impact on accessibility. It is also noted that the development has been reduced in height to the minimum that ensures suitable use for intended purpose.
Whilst it is considered that relocation of the proposed Climbing Wall facility to the western end of the building will not adversely affect the extent of solar access to the paved cafeteria area, it is accepted that relocation of the facility would impact on the educational functionality of Block F.
The relevant Blue Mountains Grammar building is approximately 45m clear of Block F, with the finished floor level of the Blue Mountains Grammar building approximately 5m above the finished floor level of Block F. It is considered that the proposed development can be supported in its current location, as relocation would not produce a significant visual advantage.
3. Suitability of site for the development
The site is currently used for educational purposes and has been broadly cleared and developed by TAFE. Areas currently undeveloped are fully grassed with no specific ecological value. There are no threatened or endangered vegetation species on the site or affected by the proposed development.
The proposed development is not visible from the highway as it is located well to the rear of existing buildings. When viewed from adjoining residential properties and public spaces to the north of the site, the bulk and scale of the proposal complements those of existing structures on the site and does not create a visually obtrusive element.
The Stage Two development of the TAFE is required to meet the expanding educational and training needs of the general community and is considered an orderly use of the subject land.
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4. Heritage Item
Although the site is not listed as a heritage item, it is historically identified as having an association with the development of the Wentworth Falls village during the late nineteenth century, including being the location of a number of significant larger country residences. A Historical Archaeological Assessment, submitted with the Stage One development, has identified that siting works proposed for Stage Two will directly impact on potential archaeological sites. As this could involve the disturbance of relics, as defined in the NSW Heritage Act, an Excavation Permit must be obtained from the Heritage Office. This is recommended to be included as a condition of consent.
5. Access Policy
The proposed development complies with the requirements of the Access Policy with appropriate parking spaces being provided for people with disabilities. Access is also provided to all existing parts of TAFE and to all new areas within the new buildings.
6. Other Prescribed Matters
Section 116c of the Environmental Planning and Assessment Act requires that a consent authority, when considering a development application made by or on behalf of the Crown, must not impose conditions of consent, except with the written approval of the Minister or the applicant.
The proposed conditions of consent were provided to the applicant and the applicant has agreed with the conditions recommended to Council.
Conclusion
The proposal complements the existing TAFE complex in terms of architecture, scale and use.
As the proposed development generally complies with the provisions of DLEP 2002, complies with the current LEP 4 and is considered to be consistent with the proposed provisions of DLEP 1997, it is recommended that the application be approved with conditions as at Attachment 1.
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Attachment 1 - Proposed Conditions of Consent
Development consent 1. Blue Mountains City Council issues its consent, subject to conditions stated hereunder, in accordance with Section 80 of the Environmental Planning and Assessment Act 1979. Substantial physical commencement of construction is required within 2 years from [insert date of determination]. Should construction not commence within that period the consent will lapse.
To confirm and clarify the terms of consent, the development shall be carried out in accordance with the plans prepared by Perumal Pedavoli Architects, numbered AD 00 000, 001, 021; AD 01 001, 011, 021, 031; AD 02 001, 011, 021, 031; AD 03 001, 021; AD 04 001,021; and AD 05 001, dated 29 August 2002 and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent.
Compliance Certificate 2. Prior to the commencement of any site works, a Compliance Certificate is to be obtained from Sydney Water, under the provisions of Section 73 of the Sydney Water Act 1994.
Landscaping 3. To ensure that the development contributes to the character of the Blue Mountains and the surrounding area, landscaping is to be generally carried out as approved in the Landscape Plan (AD 00 021). All trees identified as being retained shall, as required, be protected from damage, during construction, by the use of suitable guards and barriers. Landscaping shall incorporate a range of trees to the front and rear areas of the development. All works shown on the landscaping plan (including fencing details) shall be installed prior to finalisation of the development.
Building Code of 4. All building work must be carried out in accordance with Australia the provisions of the Building Code of Australia.
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Attachment 1 - Proposed Conditions of Consent
Site management 5. To safeguard the local amenity, reduce noise nuisance and to prevent environmental pollution during all construction works: a) Site and building works (including the delivery of materials to and from the property) shall be carried out Monday to Friday between 7am-6pm and on Saturdays between 8am-3pm. Alteration to these hours may be possible for safety reasons but only on the approval of Council. b) Stockpiles of topsoil, sand, aggregate, spoil or other material shall be stored clear of any drainage path or easement, natural watercourse, footpath, kerb or road surface and shall have measures in place to prevent the movement of such material off site. c) Building operations such as brickcutting, washing tools, concreting and bricklaying shall be undertaken on the building block. The pollutants from these building operations shall be contained on site. d) Builders waste must not be burnt or buried on site. All waste must be contained and removed to a Waste Disposal Depot. Green waste should be chipped/mulched and re-used on site.
Traffic Management 6. Before work is commenced on site, a Traffic Plan Management Plan is to be prepared by a suitably qualified person and submitted to and approved by Council.
The Traffic Management Plan is to address but not be limited to the following:
S Suitable access for all construction traffic to and from the site via the Great Western Highway. S loss of parking during construction S safety of public S materials storage S handling deliveries and construction traffic.
Safety devices such as signs, barricades, barriers, warning lights, etc. shall be placed where works affect Council roads and shall be in accordance with Australian Standard 1742 – “Manual of Uniform Traffic Control Devices” and RTA Manual – “Traffic Control at Work Sites 1998.
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Attachment 1 - Proposed Conditions of Consent
The contractor shall submit to Council the names of proposed traffic controllers with a signed declaration that they are appropriately trained in the duties of traffic controllers and RTA accredited.
If the Traffic Management Plan cannot suitably address access to the site via the Great Western Highway, construction vehicles and deliveries are to access the site from Mitchell Road and the existing TAFE car park area.
Adjoining buildings 7. In consideration of the proximity of adjoining buildings: No activity is to cause damage to or adversely affect the structural integrity of adjoining buildings. The effect of vibration and concussion on adjoining buildings is to be minimised by selection of appropriate methods and equipment.
Access and mobility 8. To ensure appropriate access and facilities are provided for people with a disability, the development is to generally comply with the provisions of the Disability Discrimination Act 1992; Australian Standard AS1428 and Council’s Access and Mobility Policy.
Hoarding / fencing 9. To ensure the protection of the public, hoardings or suitable safety fencing is to be provided along the boundary of the construction site, according to the requirements of NSW Workcover Authority.
Signage 10. To ensure that the site is easily identifiable for deliveries and provides information on the person responsible for the site, a sign displaying the following information is to be erected: The statement “Unauthorised access to the site is not permitted”. The names of the builder or another person responsible for the site along with an out of hours contact number. Lot or Street number.
Sediment & erosion 11. To preserve the unique environment of the Blue Mountains, sediment and erosion controls are to be implemented generally in accordance with Council’s Erosion & Sediment Control policy and according to the submitted Stormwater Management Report by Woolacotts, dated 6 August 2002.
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Attachment 1 - Proposed Conditions of Consent
To confirm that the pond is treating stormwater runoff to the required level, water quality testing will continue, after completion of the work, at 6 monthly intervals for a minimum period of 3 years.
Workers amenities 12. Before work starts, toilet facilities must be provided for construction personnel on the site on the basis of 1 toilet for every 20 workers. Amenities are to be installed and operated in an environmentally responsible and sanitary manner. Temporary toilets cannot remain on site for any longer than 12 months, without the further approval of Council.
Plans on site 13. A copy of the stamped and approved plans and the development consent are to be on the site at all times during construction work.
Materials & colours 14. To have regard of the amenity of the area, the materials and colours to be used shall be face brickwork, fibre cement cladding and metal roof sheeting to match existing structures.
Any ancillary structures shall be finished in muted bushland tones and be of a low reflective quality. Any variation to the above materials / colours will require the prior approval of Council.
Internal Engineering 15. All vehicles are required to enter and leave site in a forward direction.
The size of vehicles visiting the site shall be restricted to the B85 design car as per AS 2890.1/1993.
All damage to Council’s roads caused by construction traffic shall be made good by the applicant at no cost to Council.
All disturbed earthworks and/or batters are to be restored, stabilised, topsoiled and turfed / revegetated. Kikuyu grass is not to be used for re-turfing purposes
On-Site Detention 16. All drainage is to be subject to engineering design in accordance with ARR 1987. Discharge from the site is
to be restricted to pre-development flows for a range of storms up to ARI 1:100yrs.
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Attachment 1 - Proposed Conditions of Consent
Relocation of utilities 17. Any relocation or alteration of public utilities or any existing services made necessary as a result of this development shall be carried out at no cost to Council and with satisfactory arrangements being made with the authority concerned and a certificate of clearance obtained from each relevant authority.
Excavation Permit 18 That an Excavation Permit, in accordance with Sections 140 and 141 of the Heritage Act 1977 is obtained from the Heritage Council and a copy submitted to Council.
All works shall comply with the relevant terms of the Permit.
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Attachment 2 - Reduced Plans
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Attachment 2 - Reduced Plans
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Attachment 2 - Reduced Plans
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Attachment 2 - Reduced Plans
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ITEM NO: 28
SUBJECT: DEVELOPMENT APPLICATION FOR THE CONSTRUCTION OF A NEW BASKETBALL RECREATION AND COMMUNITY FACILITY WITH ASSOCIATED CARPARKING AT BLAXLAND HIGH SCHOOL, LOT 1 DP 703349, NO. 15A COUGHLAN ROAD, BLAXLAND
FILE NO: X02/1427
Recommendations:
1. That Council indicate its support for the development of a new Basketball Recreation and Community Facility with associated carparking at Blaxland High School Lot 1 DP 703349, No. 15A Coughlan Road Blaxland, subject to the conditions of consent that are included as Attachment 1 to this Report.
2. That the Minister of Planning be requested to agree to the imposition of the conditions listed in Attachment 1 to this Report.
3. That Council, having regard to the long break between Council meetings, delegate authority to the General Manager to determine the development application, following receipt of the Ministers agreement to the conditions.
4. Should the Minister not agree to the imposition of the conditions as listed, that the matter be reported back to Council for its consideration to the next appropriate meeting.
Report by Group Manager, Environmental and Customer Services:
Reason for Report The application has been refered to Council for determination as the estimated cost of the proposed work is in excess of $1,000,000 and the proposed development is partially financed by Council for Community Uses.
Applicant Department of Public Works
Owner Minister for Education and Training
Application lodged 30 August 2002
Development controls Zoning - LEP 4: Special Uses - School DLEP 1997: Living DLEP 2002: Living Bushland Conservation Special Uses – Educational Establishment
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Property 15a Couglan Road Blaxland
Subject Site
Background At the meeting of 23 June 1998, Council agreed to financially support the construction of a two court indoor basketball facility at Blaxland High School. This was reconfirmed in April 1999.
A development application (X99/0528) for the indoor basketball courts was lodged with Council in April 1999 for consideration. The application was subsequently withdrawn in November 1999 after a number of issues were raised with the applicant. These are summarised as follows:
a. Clarification of all users of the facility itself, and concurrent users of the High School as a whole. b. Concern regarding noise generation. c. Proposed location of additional parking spaces.
Proposal The current development application was lodged with Council on 30 August 2002, seeking approval to erect an indoor recreation centre at Blaxland High School. Details of this proposal are summarised as follows:
S Construction of an indoor recreation centre, with 2 basketball courts, for sports and community uses. S Provide associated facilities including change rooms, office and storage areas. S Provide a new parking space for people with a disability adjacent to the centre. S Provide nine (9) new car parking spaces on site. S Courts to be used weekdays by the school. S Courts to be used during holidays, after hours and on weekends by the incorporated management association.
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S The sports centre has a calculated maximum capacity of approximately 100-110 patrons.
The proposed building is a large building with dimensions of 44 metres by 36 metres by 10 metres high. The building incorporates a mezzanine with tiered seating above the ground floor amenities, store rooms and staff rooms.
A reduced copy of the proposed plans are included as Attachment 2 to this Report.
Notification The proposal was notified by letter to 98 affected and adjoining property owners and was advertised in the Blue Mountains Gazette, with the exhibition period from 2 October 2002 until 31 October 2002.
Six (6) submissions were received as a result of this notification process. One (1) submission supported the proposal whilst the other five (5) submissions raised particular issues. These issues are summarised below and have been addressed in the body of this Report.
Issues S Increased parking along Coughlan Road. S Inadequate parking is provided for “after hour” use of the facility. S Noise generated by “after hour” traffic will significantly impact on the surrounding residents S Increased traffic on Coughlan Road is inappropriate and dangerous.
Discussion of Issues
1. Statutory Considerations
The application has been assessed in accordance with the Environmental Planning and Assessment Act, 1979, in particular the Section 79C matters for consideration.
(i) Local Environmental Plan No: 4
The development of a sports facility is permissible as an ancillary use under the current zoning of the site, which is Special Uses 5(a) (School). The primary use of the facility will be for school purposes, with its secondary use being for basketball and other community purposes.
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Specific clauses relating to the proposed development are outlined in the following table:
Clause Provision Comment 36 18m distance from main Complies. road frontage. 39 Maximum 2 storeys above Complies. ground level.
Whilst the maximum height is considered to be over that of a standard two storey building, it is generally in accordance with the scale and heights established by the existing buildings on the site.
(ii) Draft Local Environmental Plan 1997
Draft LEP 1997 proposes that the subject land be zoned Living, and an educational establishment is a permitted use under that zone.
The proposed development is well contained within a building height plane, as calculate in accordance with the requirements of Clause 18 of DLEP 1997. However, the proposed development does exceed the required 10m maximum height by 60mm. Even considering this area of non-compliance, the scale and design of the proposed development is in keeping with the existing established character of the school.
(iii) Draft Local Environmental Plan 2002
The DLEP identifies this site as subject to a Special Use provision. Map Panel C of DLEP 2002 identifies an Educational Establishment as being permissible on the site. As previously noted an ancillary use to the school would be permissible, even though it is proposed to prohibit recreation facilities in the Living Bushland Conservation zone.
Under the Special Use Provisions (Clause 118), strict compliance with the development standards of the Living Bushland Conservation Zone is not required, provided the proposal still complies with the relevant zone objectives and a number of other objectives as set out in the provisions.
The proposed development does not meet the building height or site coverage development standards for the Living – Bushland Conservation zone under DLEP 2002. The proposal is, however, considered to comply with the zone objectives of the Living Bushland Conservation Zone of DLEP 2002.
The proposal is also considered to meet the principal aims and objectives of the plan.
(iv) State Environmental Planning Policy 11 – Traffic Generating Developments
The application was referred, by letter dated 14 October 2002, to the Development Impact Leader, Roads and Traffic Authority, in accordance with the provisions of clause 7 of SEPP11. Council can determine the application as no representation has been received from the RTA and the required response time elapsed on 4 November 2002 (cls 7(5). Page 143
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(v) Car Parking Development Control Plan (DCP)
Council’s Car Parking DCP and the Road and Traffic Authorities “Guide to Traffic Generating Uses”, does not have specific car parking requirements relating to the proposed use. A Traffic and Parking Impact Assessment, submitted with the proposal, estimates that the basketball courts, when used as a facility outside the standard use of the school, will have a maximum patronage of approximately 102 people. Based on specific counts at a similar facility, the proposed use is estimated to require approximately 60 on site car parking spaces. The applicant estimates that the site currently has approximately 85 on-site parking spaces, consisting of 40 formed spaces and 45 informal spaces.
The proposal includes the forming up of 9 existing informal spaces along the existing western access road. One new space will also be provided adjacent to the facility for people with disabilities. However, the 9 existing informal spaces will need to be relocated to avoid direct conflict with traffic moving along the western access road. This proposed relocation will reduce the achievable number of suitable parking spaces to 7. Additionally, of the 40 formed spaces, 35 are considered suitable for use in association with the facility.
Particular concern is raised regarding use the remaining formed and unformed car parking facilities to the eastern boundary of the site. These spaces require separate access from a drive approximately 150m east along Coughlan Road, resulting in the spaces being approximately 180m to 230m clear of the facility.
A primary pedestrian access route from the car parking spaces to the facility is not achievable due to the lineal spread of the spaces across the site. Footpaths do not provide continuous access or ease of use for the range of patrons to the facility, and it would be difficult to provide adequate illumination that ensures the safety of pedestrians. The existing eastern access road is narrow with most of the car parking spaces required to manoeuvre over the access road, providing considerable potential for conflict. Also, the existing eastern access road and surrounding area does not have sufficient space to provide adequate access widths and car parking dimensions that conform to the relevant Australian Standards, with the area being confined by other existing structures and uses.
It should also be noted that the eastern access road and car parking spaces extend for approximately 180m along the eastern boundary between the school and adjoining residential properties.
Significant concern is raised regarding the eastern access road and remaining car parking areas, as they are not considered appropriate for the expected traffic volume and nature of traffic associated with the proposed facility. The proposed car parking arrangements are disjointed with no appropriate on-site circulation route. The eastern car parking spaces are not conveniently located, do not provide a safe vehicular or pedestrian environment and are not considered appropriate.
The above considerations mean the proposal has an overall shortfall of 18 spaces. It is recommended that Council require additional parking to be provided, in order to minimise the impact of the facility on residents of Coughlan Road and for the safety of patrons to the proposed facility.
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The issue of parking is further aggravated by the use of other school facilities during “after hour” periods, including the Nepean Evening College (N.E.C.), Parent/Teacher nights, use by local soccer clubs and Special events. The applicant submits that these events can be incorporated into a Traffic and Parking Management Plan for the school with the aim of avoiding concurrent uses that generate high parking demands. This requirement will also be included as a condition of consent.
It is recommended that all the parking required for this facility and the access paths to the parking be subject to security lighting. It is also recommended that the required additional parking be located immediately adjacent to the facility. Sufficient space has been identified in this location for an appropriately sized and illuminated carpark area.
(vi) Crime Prevention Through Environmental Design
In April 2001, the NSW Government introduced the above crime prevention and development assessment guidelines. The subject application was assessed against the provisions of the CPTED principles, as follows:
1. Casual observation and surveillance opportunities are limited as the building is located away from a public road and within the confines of the school site.
2. Visitors to the centre should have a safe clear access to their intended destination. Concern is raised over the location of existing car parking areas relative to the new centre. Concern is also raised over the poor lighting, limited sight lines and number of concealment opportunities if visitors to the centre are required to negotiate their way through the school.
3. Car parking adjacent to the building is a preferred and it would be ideal if the entrance to the building faced the car parking area.
4. All car parking areas need to be well lit to discourage youth congregation and anti-social behaviour.
5. It is important that pedestrian scale, overlapping light patterns be provided to avoid pools of dark. Lighting placement should be considerate of the location of vegetation. (ie. Lights should not be shielded by vegetation.)
2. Impact of Development
(i) Resident Amenity
A number of the proposed car parking spaces are adjacent to residential properties. Traffic during “after hours” use will increase the potential for unacceptable noise and light spillage.
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A noise impact assessment was under taken in relation to the major noise sources from within the facility, as well as a prediction of noise levels from the road traffic generated by the proposal. It is considered that noise from traffic using the basketball complex will conform to the Environmental Protection Authority’s (EPA) requirements, with traffic generated during competition events being the maximum noise generator. The noise impact report concludes that the noise goal for road traffic is generally not exceeded although the EPA’s aim of limiting traffic noise could be exceeded by 2 dBA during competition events.
To minimise the potential for impact on adjoining properties, it is recommended that:
a) Signs be fitted requiring traffic to exit the site quietly. b) That all mechanical plant is attenuated by a suitable noise enclosure. c) That a suitable solid fence, approximately 1.8m in height, is provided for noise attenuation and to avoid obtrusive light spillage to adjoining residential properties. Such fencing shall be provided, with owner’s consent, along all boundaries between the school and appropriate residential properties, being 11 to 19 Coughlan Road. d) Use by the organised basket ball clubs, including competition events, and all other non–school users, must cease by 9:00 pm between Sunday and Thursday, and by 10.00 pm between Friday and Saturday. Direct school use is to be limited to 11:00pm Monday to Friday.
The facility itself is set well within the school property and away from residential dwellings. The site is lower than the surrounding properties with the structure being screened by the natural fall of the land and embankment. The setback of the facility and the provisions of a new car parking area directly adjacent to it, will aid in the minimisation of noise generated.
The times of use recommended above are generally consistent with the times permitted for similar fitness and health centres within the area.
(ii) Visual Impact
The structure is designed and sited such that it is visually incorporated into the existing school complex. External materials used in the development are similar to the school in nature and character. It shall be a condition of consent that finished material is non-reflective and appropriately coloured to ensure the structure blends with its surrounding built and natural environment.
3. Suitability of the site for the development
The subject development is west of the existing school buildings on a sports oval. The site is level and bounded by the main Railway line and natural bush to the north and west. The south of the site is bounded by residential properties, consisting of single occupancy dwellings. The proposed structure is set approximately 2 metres below the surrounding residential properties, with the site already cleared due to its current use. Existing landscaping to the boundary will be retained, where possible, or replaced to maintain the screening of adjoining residential properties.
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Coughlan Road is a local collector road with the additional traffic generated by the proposed development considered well within the capacity of the road to accommodate.
4. Other prescribed matters
Section 116c of the Environmental Planning and Assessment Act requires that a consent authority, when considering a development application made by or on behalf of the Crown, must not impose conditions of consent, except with the written approval of the Minister or the applicant.
A draft copy of the conditions of consent were referred to the applicant, who has advised that they agree with the proposed conditions, with the exception of “Hours of operation”, capacity and specific car parking requirements. The concerns regarding Hours of operation and capacity are refected the amended conditions of consent. The car parking matters are still unresolved.
Conclusion
The facility will be a multi-purpose centre used for traditional school purposes as well as organised sport and community based “after school” uses. Council encourages a wide “community based” use of the facility, with 60 on site car parking spaces minimising the potential for adverse impact on surrounding residents.
The application complies with the current LEP 4 and is considered to be consistent with the proposed provisions of DLEP 2002.
It is recommended that Council support the application subject to the conditions listed in Attachment 1 to this Report and, given the applicants disagreement with a number of conditions, seek the consent of the Minister of Planning to the imposition of the conditions.
Given that Council will not be meeting until late January 2003, and there is a desire to resolve these issues, it is further recommended that the General Manager be delegated authority to formally grant consent to the application with the conditions as listed in Attachment 1 following the Ministers endorsement of the conditions.
Should the Minister not agree to the conditions recommended to Council, the matter would be reported back to Council for its consideration.
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Attachment 1 - Proposed Conditions of Consent
Consent 1. Blue Mountains City Council issues its consent, subject to conditions stated hereunder, in accordance with Section 80 of the Environmental Planning & Assessment Act 1979. Physical commencement of construction is required within 2 years from [insert date of determination]. Should construction not commence within that period the consent will lapse.
To confirm and clarify the terms of consent, the development shall be carried out in accordance with the plans prepared by Facility Design Group, numbered DA01b – 05b, dated 31 July 2002 and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent.
The driveways and parking areas being changed as shown in red on the approved plan numbered DA01b, dated 31 July 2002.
Hours of operation 2. The hours of operation are to be limited as follows:
Direct School Uses Monday to Friday 7:00am-11:00pm
Organised Basketball Club / Other Non-school Uses Sunday to Thursday 7:00am - 9:00pm. Friday to Saturday 7:00am – 10:00pm
Capacity 3. To ensure the ongoing amenity of the surrounding area and safety of patrons, the maximum capacity of patrons associated with use by the organised basketball club and other non-school uses shall not exceed 110 people at any one time.
Limitations 4. To ensure that use of the facility does not significantly impact on the amenity of the surrounding area, its use shall not run concurrently with other events, whether held within school buildings or on school grounds, if those other events are expected to generate significant vehicular traffic. In this regard, other events may include use by other organised sports, parent/teacher nights Nepean Evening College and other special events.
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Attachment 1 - Proposed Conditions of Consent
Plans on site 5. A copy of the stamped and approved plans and development consent are to be on the site at all times during construction.
Building Code of 6. All building work is to be carried out in accordance with Australia the provisions of the Building Code of Australia.
Materials & colours for 7. To ensure that the visual impact of the development is approval reduced all external colours and finishes are to be as submitted to Council, as follows:
Element Material Finish Colour Wall (lower) Concrete Painted Taubmans “Athena” Wall (upper) Metal Colorbond Torres Blue Cladding Structural Metal Painted Mountain Blue Roofing Metal Colorbond Torres Blue Cladding Stormwater Metal Colorbond Torres Blue / fittings Mountain Blue Window/door Aluminium Powder White frames coated Main Door Solid Core Painted Taubmans “Emerald Eyes”
Any outbuildings or other ancillary structures are to be finished in colours and materials of natural earthy tones and low reflective quality to blend with the approved colour scheme. The driveway is to be finished in dark earth tones.
Baby Change facilities 8. The proposed disabled toilet facility is to include a wall mounted baby change station.
Access and mobility 9. To ensure access for people with disabilities is provided to all areas of the facility, the development must generally comply with the provisions of the Disability Discrimination Act 1992; the Australian Standard AS1428 and Council’s Access and Mobility Policy.
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Attachment 1 - Proposed Conditions of Consent
Noise 10. To minimise any adverse noise impact, any noise generated from use of or access to the facility, is not to reach 5dBA above the ambient background noise when read at the boundary of any adjoining residential property.
To have regard for this requirement
a) Signs are to be fitted to each car park area requiring traffic to exit the site quietly. b) “Exit Quietly” signs are also to be displayed in the entrance area of the facility. c) All mechanical plant shall be appropriately attenuated by a suitable noise enclosure. d) A solid fence, suitable for noise and light attenuation, shall be provided to adjoining residential properties, being 11 to 25 Coughlan Road. Such fencing shall be provided with the relevant owner’s consent and along all boundaries between the school and relevant residential properties.
Noise and light attenuation measures will be at the full cost of the developer.
Lighting 11. To protect the safety and amenity of patrons of the facility, all car parking areas and associated access pathways shall be appropriately illuminated. The lighting shall be timer controlled related to the use and operation of the facility.
However, all lighting shall be positioned, directed and shielded so that it does not interfere with traffic safety or cause nuisance to adjoining and nearby residential properties.
Car parking 12. a. On-site car parking spaces are to be provided in accordance with Council Carparking Development Control Plan 29. These are to be maintained for use in association with the development and are to be sealed, linemarked and signposted to the satisfaction of Council.
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Attachment 1 - Proposed Conditions of Consent
b. To ensure the continuing effectiveness of the proposed development, the proposal shall be amended as indicated in red on the approved plan numbered DA01b. This amendment provides for an additional 18 carparking spaces to be constructed immediately adjacent to and south of the facility. This carpark is to connect appropriately to the main access road to the facility. c. The 9 car parking spaces indicated on DA01b as being West of the main access drive shall be relocated to the location noted in red as point “A”. The number of car spaces achieved after relocation to point “A” shall not be any less than 7.
13. Traffic General All vehicles are required to enter and leave site in a forward direction, with all car parking areas and driveways to conform to AS 2890.
Set down 14 A 2m wide sealed footpath, including edge restraints, is to zone/pathways be provided along the Western side of the main access driveway from Coughlan Road to the facility. This work shall include links from the entry area of the facility to the existing pedestrian pathway system, proposed and existing car parking areas, and the turning circle/ set down zone.
Main access 15 The main access driveway to the site shall a. be a minimum of 6 metres wide from the site boundary to the first carpark access b. be 5.5 metres wide for the remainder of its length. c. incorporate an appropriate turning facility of 7.5 metres radius at its northern end.
Layback construction 16. For the driveways across the Coughlan Road footpath, a new heavy duty concrete layback (8 metres wide) and apron crossings are to be constructed. This construction is to include any necessary work to make the construction effective including transition of the footpath and internal driveway, the adjustment of public utilities and regrading the driveway across the footpath to facilitate quick entry/exit movements and prevent scraping of vehicles.
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Attachment 1 - Proposed Conditions of Consent
The grade of the access driveways from the invert of kerb and gutter in Coughlan Road to the road boundary is to be no steeper than 5% (1:20) as per AS 2890.1/1993.
Drainage 17 All roof surfaces, car parking access and paved areas being drained by pits and pipes and collected in rain water tanks for reuse on site. All drainage is to be subject to engineering design in accordance with ARR 1987. Overflow discharge from the tanks shall be piped to the existing drainage system.
Traffic Management 18. Before work is commenced within Council’s road Plan reserve, a Traffic Management Plan Report prepared by a suitably qualified person is to be submitted to and approved by Council.
The Management Plan is to address but not be limited to the following - loss of on-street parking during construction, safety of public, materials storage and handling deliveries and construction traffic and parking.
Safety devices such as signs, barricades, barriers, warning lights, etc. shall be placed where works affect Council roads and shall be in accordance with Australian Standard 1742 – “Manual of Uniform Traffic Control Devices” and RTA Manual – “Traffic Control at Work Sites 1998. Details prepared by a qualified person shall be submitted to Council for its approval with the Traffic Management Plan Report.
The contractor shall submit to Council the names of proposed traffic controllers with a signed declaration that they are appropriately trained in the duties of traffic controllers and RTA accredited.
Engineering general 19. All internal and external engineering works required by this development are to be in accordance with Council’s Specification for Engineering Works for Subdivisions and Developments Part 1 Design and Part 2 Construction (Development Control Plan No. 31). The design and construction is to include any additional works to make the construction effective.
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Attachment 1 - Proposed Conditions of Consent
The development shall include kerbs and formation paving and sealing of access driveways, pathways and car parking areas in the development site, together with any necessary drainage, retaining walls and works to make the construction effective. All damage caused by construction traffic is to be made good by the applicant. Site management 20. To safeguard the local amenity, reduce noise nuisance and to prevent environmental pollution during the construction period: a) Site and building works (including the delivery of materials to and from the property) shall be carried out Monday to Friday between 7am-6pm and on Saturdays between 8am-3pm. Alteration to these hours may be possible for safety reasons but only on the approval of Council. b) Stockpiles of topsoil, sand, aggregate, spoil or other material shall be stored clear of any drainage path or easement, natural watercourse, footpath, kerb or road surface and shall have measures in place to prevent the movement of such material off site. c) Building operations such as brickcutting, washing tools, concreting and bricklaying shall be undertaken on the building block. The pollutants from these building operations shall be contained on site. d) Builders waste must not be burnt or buried on site. All waste (including felled trees) must be contained and removed to a Waste Disposal Depot.
Landscaping 21. Landscaping is required to ensure that the development contributes to the character of the school and the surrounding area.
All trees removed as part of the construction process are to be replaced by similar or other suitable trees.
Workers amenities 22. Before work starts, toilet facilities must be provided for construction personnel on the site on the basis of 1 toilet for every 20 workers. Amenities are to be installed and operated in an environmentally responsible and sanitary manner. Toilets cannot remain on site for any longer than 12 months, without the further approval of Council.
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Attachment 1 - Proposed Conditions of Consent
Hoarding / fencing 23. To ensure the protection of the public, hoardings are to be provided on all boundaries of the work site to the requirements of NSW Workcover Authority.
Erosion & sediment 24. To preserve the unique environment of the Blue controls Mountains and to contain soil and sediment on the property, controls in accordance with Council’s Erosion & Sediment Control policy are to be implemented prior to clearing of the site vegetation and the commencement of site works. This will include the installation of a sediment fence with returned ends across the low side of the site so that all water flows through. These shall be maintained at no less than 70% capacity at all times. Any sediment in drains, gutters, roadways etc., shall be kept clean.
Soil erosion fences shall remain and must be maintained until all disturbed areas are restored by turfing, paving, revegetation.
Insurance 25. All contractors working in the road reserve shall be covered for worker’s compensation insurance and public liability insurance to the amount of $10million. The policy shall specifically indemnify Council from all claims arising from the execution of works. Written evidence of this insurance shall be supplied to Council’s Supervising Engineer at the pre-construction meeting.
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Attachment 2 - Reduced Plans
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Attachment 2 - Reduced Plans Page 157
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Attachment 2 - Reduced Plans Page 158
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Attachment 2 - Reduced Plans
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ITEM NO: 29
SUBJECT: GUIDELINES FOR INFILL RESIDENTIAL DEVELOPMENT ON BUSHFIRE PRONE LAND
FILE NO: C05920
Recommendation:
That the document titled ‘Infill Development in Bushfire Prone Areas’ be adopted as a Local Guideline for infill residential development on bushfire prone land in the Blue Mountains Local Government Area.
Report by Group Manager, Environmental & Customer Services:
Introduction
On 1 August 2002 the Rural Fires and Environmental Assessment Legislation Act, 2002, became effective amending the Environmental Planning and Assessment Act, 1979, and the Rural Fires Act, 1997. These amendments significantly impact on the way in which Council deals with the assessment of development applications in relation to bushfire protection and in the management of bushfire hazards.
This report relates to the development of a local guideline to assist Council officers, the community and the building industry in determining appropriate controls for protecting infill residential development in bushfire prone areas.
Summary of the New Legislation
The amendments to the Environmental Planning & Assessment Act, 1979, and the Rural Fires Act, 1997, impose a number of obligations on councils in respect to the assessment of development applications. The more significant changes can be summarised as follows;
a) Councils are required to record on maps land identified by the Commissioner of the NSW Rural Fire Services as being bushfire prone. (Note: Maps identifying bushfire prone land within the Blue Mountains Local Government area have been prepared and approved by the Commissioner);
b) Development consent is prevented from being granted for the carrying out of development for certain purposes on bushfire prone land unless the council is satisfied that the development conforms with Planning for Bushfire Protection (2001) or has consulted with the Rural Fire Service; Page 160
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c) The integration of procedures to obtain development consent with a requirement to obtain a ‘Bushfire Safety Authority’ from the Rural Fire Services with respect to developments for purposes that are particularly vulnerable to bushfires and that require special protection. These include residential subdivisions, retirement villages, housing for older persons, hotels, motels etc located on bushfire prone land.
Planning for Bushfire Protection (2001) (PBP) was developed by the Rural Fire Service and PlanningNSW and was released following the Christmas 2001 bushfires. PBP 2001 replaced the earlier 1991 version of the document and was developed to provide guidance to local councils, the building industry and the community on the planning and development control processes in relation to bushfire protection measures.
Purpose
In recognition of the difficulties in applying new standards to existing residential properties, the Rural Fire Service have encouraged councils to develop their own Local Guidelines to assist stakeholders in interpreting the requirements of Planning for Bushfire Protection (2001), particularly in respect to infill residential development.
Under the provisions of Section 79BA of the Environmental Planning & Assessment Act, 1979, where a proposed development does not comply with the requirements of Planning for Bushfire Protection (2001), prior to determining the application Council is required to consult with the Rural Fire Service to determine if a more appropriate performance standard can be achieved. This has implications for the development assessment process, particularly given the large majority of existing lots in the Blue Mountains cannot accommodate the asset protection zones required by this document. In these cases, consultation is required with the Rural Fire Service.
The Local Guidelines are aimed at providing;
1. Direction for stakeholders in relation to Council’s interpretation of the new assessment regime. 2. Direction in the compilation of the requisite information to accompany a development application for single dwellings and habitable additions. 3. A reduction in the level of consultation with the Rural Fire Service and so streamline the consultation process required by the legislation. 4. A mechanism for fulfilling the consultation requirement with the Rural Fire Service in respect to applications for development that poses a minimal bushfire risk.
Copies of the draft Guidelines have been distributed separately to Councillors.
Consultation with Rural Fire Service
The Guidelines have been developed in conjunction with representatives from both the District and Head Office of the Rural Fire Service. The RFS advise that they have no major concerns regarding the approach taken by the Guidelines, including the use of the Guidelines to fulfil the consultation requirement of the legislation for certain lower risk development.
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The Rural Fire Service has however raised in discussions with Council officers, an issue with the use of fire retardant treated timbers in some situations.
Under the provisions of PBP and the BCA, depending on the category of bushfire attack for a site, a building is required to be of a certain level of construction. The BCA adopts compliance with the relevant clauses of AS 3959 as achieving the required level of construction. In turn AS 3959 specifies the detailed construction requirements for each level.
In regard to the use of timber, AS 3959 specifies the use of fire retardant treated timber for various building elements in high and extreme bushfire attack areas. The Standard however acknowledges that certain naturally occurring timbers are capable of meeting the parameters required of fire retardant treated timber. A Report has also been published by an independent testing authority identifying those species of naturally occurring timber that meet the parameters.
The RFS concerns relate to the ability of these timbers to achieve the required level of performance when exposed to radiant heat. These concerns are inconsistent with the published scientific report and Council officers have sought written confirmation justifying their position. At this stage formal advice has not been received from the RFS.
The Building Code of Australia (BCA) enables a proponent to submit documentary evidence to support the use of a material as meeting the performance requirements or the deemed to satisfy provisions. Given the contents of the independent Report and the lack of contrary evidence, it is considered that Council has little option but to accept the use of those naturally occurring timbers referred to in that Report. While there may be criticism of Council for accepting the use of such timbers, it is considered that given the absence of justification to the contrary, Council may leave itself exposed to possible legal action for unreasonably restraining the use of timber in such circumstances.
Status of the Bushfire Provisions of the Draft Local Environmental Plan 2002, and the ‘Better Living’ Development Control Plan, and Development Control Plan 26 ‘Building in Bushfire Prone Areas’
Both Draft Local Environmental Plan 2002 and the ‘Better Living’ Development Control Plan currently on exhibition contain bushfire protection measures. These provisions were developed prior to the legislative amendments taking effect and will need to be reviewed following the exhibition period. This matter was addressed in the Group Manager, City Sustainability, Report to Council at its Meeting on 20 August 2002.
Development Control Plan 26 Building in Bushfire Prone Areas (DCP 26) still has effect where it is not inconsistent with PBP, however its relevance has been somewhat reduced by the new legislation, particularly in respect of infill residential development. It is expected that this matter will be resolved with the gazettal of Draft LEP 2002 and adoption of the ‘Better Living’ DCP.
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Procedural note
The Guidelines indicate the availability of bushfire mapping on Council’s website. Unfortunately, the map will not be available until 16 December 2002 due to capacity problems with the web site associated with exhibition of Draft LEP 2002. Should Council adopt the Guidelines, advice will need to be provided to stakeholders advising that in the interim, the status of their land can be determined by attending Council offices.
Conclusion
The development of Local Guidelines will assist in providing direction to stakeholders in the interpretation of bushfire controls applying to infill development and in developing strategies to protect development against bushfire attack. The Guidelines will also serve to streamline the Rural Fire Service consultation process.
It is recommended that the document titled ‘Infill Development in Bushfire Prone Areas’ be adopted as a Local Guideline for infill residential development in the Blue Mountains Local Government Area.
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ITEM NO: 30
SUBJECT: YOUTH COUNCIL
FILE NO:
Recommendations:
1. That Council endorses the establishment of a Youth Council.
2. That Council adopts the model for a Youth Council as discussed in the model section of this report under Option 3.
3. That Council provisionally adopts the Draft Blue Mountains City Council Youth Council Charter, to be reviewed by the Youth Council within a year of establishment, and that any changes are forwarded to Council for ratification.
4. That the Youth Council is set up as a subcommittee of Council under Section 355 of the Local Government Act 1993.
5. That the recommended funding be considered as part of the preparation of the budget for 2003-2004.
6. That the Youth Council comprises 15 members, with proportional representation from each of the 5 Areas.
7. That the age of Youth Council members be restricted to 12-17.
8. That Council nominates two Councillors to the Youth Council Advisory Committee.
Report by Group Manager, City Solutions:
Introduction
One of the recommendations to emerge from The Strategy for Young People 2002-2007 was the establishment of a Youth Council. The need for one arose from a number of different sources, including focus groups, survey results and service providers’ comments. During the public exhibition period, the proposed action concerning the Youth Council received more public support than any other recommendation. The reasons for its support were varied. A Youth Council was seen to be providing young people with a voice in the community and civic life, a link between young people and Council, and a means of giving political legitimacy to young people’s concerns. It would also allow young people to participate in and provide direction for youth focused projects and activities. One of the complaints expressed by young people in both the survey and focus groups was that adults presumed to know what was best for them and prevented them from participating fully in community life by setting the agenda for them. Thus, a Youth Council was seen by many as a forum where young people could exchange ideas, debate issues, and prioritise activities free from adult censure. Page 164
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Council’s response to the recommendation to establish a Youth Council was positive. At the Ordinary Meeting of June 25, 2002, it was resolved:
“1. That a report come to Council on the way forward for the “early” establishment of a Youth Council to advise Council on issues pertinent to young people and to be part of Council’s decision making processes.
2. That this report includes looking at having two divisions, one for junior and one for senior youth.”
Why a Youth Council?
A Youth Council makes sense for a variety of reasons.
S Young people do not respond to the methods of consultation conventionally used by councils to gauge the community’s response to an issue. They are unlikely to attend public forums or participate in focus groups and, particularly if they are under 18, are unlikely to complete surveys. Youth Councils are ideally placed to ensure that young people’s views are incorporated into all of Council’s consultative frameworks by taking a wide range of issues back to their constituents. They can do this on a scale that is difficult to match by traditional means. Youth Council members can talk directly to young people in their schools, in youth centres and skate parks, where they themselves congregate and where they have easy and direct access to other young people. S Youth Councils are a direct link between councils and young people, allowing young people the opportunity to participate in and influence civic life. Inclusion in public life helps break down feelings of isolation and alienation that some young people experience. S Young people are shut out from Council decision making processes. Council as an institution and Council meetings in the main are likely to be alienating and baffling for young people. The establishment of a Youth Council is intended to demystify what goes on in Council and the way decisions are made. It will provide young people with the opportunity to learn about committees, as well as provide a structure for discussing and debating ideas and voting on decisions. This will enhance their communication skills, clarity of thought, confidence as public speakers, and decision making abilities. S Youth Councils play an active role in organising activities and events for young people in the city. This will achieve one of the key objectives of The Strategy for Young People to improve the range of recreation and entertainment options for young people, as well as make the city more vibrant and relevant for young people.
Research
An email was circulated to all councils in NSW that have a Youth Council, seeking information on structure, constitution, and resource needs. Information was also sought from Councils that had discontinued their Youth Council in order to learn from their experiences. Fifteen councils responded that still had a Youth Council and two that didn’t. Of the ones that did, a few of them had trialled different models or had re-formed after disbanding the first time.
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They were thus able to impart crucial information on what didn’t work as well as what did. Most Councils provided copies of their Youth Council constitutions and annual reports. Follow up phone calls were conducted with all of them, as well as one site visit.
What do Youth Councils do?
Youth Councils around NSW run a variety of different activities and programs. The following list contains some of the activities conducted but is by no means exhaustive. Youth Councils:
S Organise youth forums for the purpose of identifying issues that are important to young people. They serve as a consultative mechanism whereby young people’s views are fed to Council and actions are identified S Set up youth specific web sites to serve as a point of communication and information dissemination. S Provide input into Council plans and policy development eg crime prevention plans, skate park developments, social plans etc S Organise one off projects such as Youth Week festivals, community art projects, Youth Council training camps S Attend conferences and seminars on issues affecting young people. S Provide advice to Council departments on youth issues S Assist in developing and commenting on other initiatives and projects which respond to the identified needs of young people in the Local Government Area S Provide comment on relevant urban development proposals that will have a significant impact on young people S Organise events such as concerts, gigs and skating competitions S Provide input into Youth Action and Policy Association policy areas and projects S Consult with young people to represent their views to Councils
In some municipalities, Youth Councils (also called Youth Advisory Committees) exist as sub committees of Council and make submissions and recommendations to Council. Blue Mountains City Council does not have committees that a Youth Council can feed into, although it could be set up as a committee of Council under Section 355 of the Local Government Act.
Youth Council Charter
This report summarises the main features of the Draft Youth Council Charter, which is enclosed separately for the information of Councillors. It attempts to provide an overall flavour of the Youth Council’s function, composition, and terms of reference. Greater detail is provided in the Charter. It must be remembered that the first year of the Youth Council’s operating is likely to be experimental, and some teething problems should be expected. Some aspects of the Charter may not be practical or desirable from a young person’s point of view. The Charter should be reviewed within the first year and recommended changes forwarded to Council for ratification.
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Models
Research shows that Youth Councils that adopt a more formal structure (with terms of reference and properly conducted meetings) have a greater chance of succeeding than those where meetings and procedures are conducted in an ad hoc manner. All of the successful Councils interviewed observed model rules and benefited from transparent and consistent procedures. An oft-repeated comment was that modelling the Youth Council along standard Council lines gave it a sense of importance and seriousness that may otherwise have been missing.
There are two types of structures that work well and both have advantages and limitations.
Option 1 One structure is similar to that adopted by community based management committees, with a chairperson, treasurer, secretary etc. Agendas are distributed beforehand, and meetings consist of tabling correspondence received, receiving reports by the chairperson and treasurer, receiving reports by subcommittees on the progress of issues or projects for ratification by the Youth Council committee, and business arising. The main advantage of this structure is that it is simple to understand and does not place huge demands on members and Council administration.
Option 2 The second structure is more formal and is similar to Council meetings. Business Papers are distributed beforehand and contain reports prepared by Council staff under instruction from Blue Mountains City Council. The Youth Council would consider the information contained in the report, and make recommendations to Council accordingly. Council would then make a final decision on the matter before them. This option would be the most resource intensive of the three.
Option 3 A third option is to combine the two structures. In the main, the Youth Council would meet to discuss business arising from reports prepared by subcommittees, as per the first model. Its main function would be to exchange information, plan activities, and provide input to Council and other organisations on youth matters. However, in order to give the Youth Council some “teeth”, members can recommend to Council that staff research an item and prepare a report. This could occur with complex matters, or matters requiring knowledge or expertise beyond the scope of the Youth Council. The Youth Council would then discuss the report at a subsequent meeting and make recommendations to Council. Unlike ordinary Council meetings, only one or two reports might be included in the Business Papers and not necessarily at all Council meetings, as it would be unrealistic to expect young people to wade through voluminous Council reports. This would be less resource intensive than Option 2.
Advisory Committee
All of the Youth Councils researched have some type of adult advisory committee whose members attend all or most meetings. Generally, this committee is made up of Councillors and/or Mayor, an Executive Officer or his/her representative, and either the Youth Services Development Officer or a Community Services staff member.
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Often, an external member sits on the committee, usually drawn from a youth service. Advisory committee members attend all meetings but have no voting rights, and they attend in an advisory or support capacity only. Councillors can also act as a conduit between the Youth Council and Council, and take on the important mentoring role of demystifying the role and functions of Council. They are ideally placed to raise less complex items brought to their attention by the Youth Council as Notices of Motion, or, if investigation is required, raise the matter at a Council meeting. Council may then request that a report to be prepared by staff with input from the Youth Council. It is recommended that two councillors be appointed formally to the Youth Council, although other Councillors are encouraged to attend. Council may choose to appoint four Councillors who attend on alternate meetings, if time is an issue.
Financial Responsibilities
This report recommends that the Youth Council should have no financial delegation and is advisory in nature. The age of members recommended in this report and discussed below (12- 17) would preclude them from financial delegation.
Composition
It is recommended that the Youth Council consist of proportional representation from each of the five Areas. Areas have been chosen rather than Wards because they better reflect Council’s planning framework. Also, demographic information is broken down into Areas rather than Wards. Some Areas have a much higher number of young people residing therein and this has been reflected in the following table. The total number of representatives would be fifteen. This is a manageable number. Experience has shown that the turnout for committees or forums involving young people is about half the anticipated numbers, even when all have confirmed. A committee of fifteen young people should hopefully have eight to ten in attendance, with a quorum based on a simple majority. A committee consisting of more than twenty members becomes financially onerous to maintain and one containing less than fifteen members increases the chances of having a very small turnout at meetings.
Numbers of Young People aged 12-17 by Area Area Towns by Area Numbers of Young People Numbers aged 12-17 Recommended for Youth Council 1 Blackheath – Mt Tomah 396 1 2 Wentworth Falls – Medlow 1476 3 (both genders must Bath be represented) 3 Linden - Bullaburra 971 2 (both genders must be represented) 4 Faulconbridge – Valley 2231 5 (at least 2 males, 2 Heights females) 5 Lapstone - Warrimoo 1890 4 (2 males, 2 females) Figures taken from the 2001 Census
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Participation
The entire Blue Mountains Youth Council would meet approximately every six weeks prior to Council meetings to hold Youth Council meetings. Where possible, meetings will be held in the Council Chambers. Meetings would start at 4pm and finish at 5.30 pm, whereupon Youth Council members would have dinner at Council headquarters to enable them to liaise with Councillors and discuss topics. It is recognised that the conference rooms are too small to accommodate an additional fifteen people but Youth Council members could have their dinner earlier and catch Councillors who arrive early for Council meetings, as arrivals and departures tend to be staggered.
Sub committees and working parties would be formed as needed to action specific tasks and work on identified projects. Working parties would not just consist of Youth Council members, there would be youth services present who also have an interest in the project. In many cases, working parties would already be up and running, and Youth Council members would join any number of existing committees. Workers from youth services would mentor and support Youth Council members. It would be expected that Youth Council members would volunteer for subcommittees because they were particularly interested in an issue or had expertise in an area. Subcommittees would be resourced or mentored by staff, both inside and outside of Council. For example, Youth Council members wishing to organise a Youth Week festival would receive advice and assistance, where required, from Council’s Youth Services Development Officer and youth services experienced in organising events.
An administrative officer would be present to take proper minutes for Youth Council meetings and follow up with the distribution of minutes, collation of business papers etc.
One of the most pressing logistical problems is how to ensure that Youth Council members attend meetings regularly. The unusual terrain of the Blue Mountains poses special problems not usually associated with urban centres and even other rural regions. Urban councils are generally easily accessible and it would not be unreasonable to expect young people to make their own way to and from meetings (and for Council to reimburse their bus or train fare). Rural Councils cover a wider, more dispersed area but there tends to be a town centre or hub that people attend to access work, services or recreation. The Blue Mountains does not offer this convenience insofar is there is no centre or hub to attract people from outlying regions. Hence, there is no natural magnet that would automatically attract young people to Council HQ. This is likely to pose difficulties in attracting young people to meetings at night, particularly in winter and particularly for those who live further down the mountain or in difficult to access areas. In addition, there are safety concerns with young people returning home in the dark during winter. For those unable to be collected by their parents, it is recommended that their taxi fare should be reimbursed.
Resource Implications
The most successful Youth Councils in NSW are well resourced by Council, and many receive outside grants for projects. Wangaratta Youth Council, considered one of the more successful models nationally, receives an annual budget of $20,000 (exclusive of Council’s in kind contribution).
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Funds are expended on a range of activities, including strengthening networks and partnerships, running recreational and environmental activities, accessing training, forums and conferences, holding arts and culture workshops, and ensuring that young people are involved in larger community events. Wollongong Council received establishment funds from the Attorney General’s Department under the Crime Prevention Division of $8000 per year for two years. Generally, Youth Councils receive from $5,000 to $20,000 per year from Council for general operating expenses. The more successful models receive an average of $10,000 per annum.
Apart from running costs, there is a large in-kind contribution made by Council staff towards resourcing Youth Councils. This includes secretariat responsibilities and executive functions similar to those conducted for Council meetings, such as attending meetings, taking and distributing minutes and agendas, handling petty cash, organising training, mentoring Youth Council members, providing advice, and assisting with tasks and projects. The work of supporting and resourcing the Youth Council is an enormous task which traditionally becomes the responsibility of Council’s Youth Officer. While this is unavoidable to some extent, involving other sections of Council (such as Executive Services and Corporate Policy), who already perform a number of similar duties in relation to Council such as distributing agendas and council reports, printing of minutes etc, greatly improves the chances of a Youth Council’s success. This would alleviate the number of duties needing to be performed by one staff member and would be a more efficient use of human resources. It also sends a positive message to Youth Council members that all of Council is committed to the Youth Council and not just the Youth Services Development Officer. It cannot be assumed that Executive Services and Corporate Policy staff have the time or ability to assist. Therefore, the time they would ordinarily spend on duties connected to resourcing the Youth Council has been factored into this report as one of the costs. Staff time required to prepare reports has not been included. This is difficult to quantify. It is expected that staff would prepare reports as part of their normal duties, and would be asked to do so very infrequently. However, the situation would need to be monitored, and, if it appeared that individual staff were experiencing a marked increase in workload as a result of additional reports, a review would take place and a more equitable system implemented.
Proper resourcing is essential to the success of Youth Councils. Without it, it is futile to go down the path of establishing a committee, only to see it fall apart because it has no means of surviving and flourishing.
Benefits
While the Youth Services Development Officer would spend a considerable amount of time providing support to the Youth Council, this would be offset by tasks taken up by the Youth Council that would normally be performed by the Youth Services Development Officer, including youth consultations and organising festivals and events. It is envisaged that members of the Youth Council would take a hands on role with these functions, freeing the Youth Services Development Officer to concentrate on carrying out tasks associated with The Strategy for Young People. Other benefits include those mentioned above, such as the increased capacity of Council to respond to youth issues, increased communication between young people and Council, and increased participation of young people in civic and community life.
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Budget
The following table has been provided with each item costed as accurately as possible. Staff administration costs are set at the casual rate for Level 1 administrative support (for the first year). Where necessary, it may be necessary to arrange supervision, predominantly for conferences. This would be possible where the Youth Services Development Officer was available and the conference was relevant to his/her work, and costs would be met from his/her budget. It may also be possible to have parents in attendance.
Staff costs in preparing reports have not been factored into the budget because it is anticipated that reports for the Youth Council would form part of their normal duties and not be additional to them. Should this prove not to be the case, this issue will need to be revisited.
The funding required to support this initiative will be included in the budget submissions for 2003/04.
ITEM COST (total annual figure) Council Staff Costs $24.99 x 2hrs x 9 meetings Administration: Taking minutes at meetings $385.20 Administration: Collating and mailing business $24.99x 4hrs x 9 meetings papers $899.64 Administration: Printing of Business Papers $200 x 9 meetings $1800 Internal Charge: Executive Officer or $50 x 2hrs x 9 meetings representative to attend Youth Council meetings ($900.00) in advisory capacity Internal Charge: Youth Services Development $28.53 per hour x 2hrs x 9 meetings Officer to attend Youth Council meetings ($513.54) Sub Total Staff Costs (excluding internal $3,084.84 charges) Youth Council Costs Training $300 per head x 15 $4,500 Dinner following Council meetings $23 per head x 15 x 9 meetings Total= $3105.00 Organising 2 forums – topic TBA $500.00 Reimbursement of phone calls $250.00 Organising a music night/event $500.00 Attending conferences (4 representatives) $1000.00 Meeting other Youth Councils $250.00 Youth Council articles in the Gazette $1,000.00 Recognition of members’ contributions to Youth $100.00 Council events and activities by Certificates Developing and maintaining partnerships with $250.00 community groups and organisations Transport (eg taxi/bus hire/public transport costs) $1,000.00 reimbursement Subtotal Youth Council Costs $12,455.00 TOTAL $ 15,539.84
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FACILITATING COMMUNITY DEVELOPMENT Item 30 - Ordinary Meeting, 3/12/02
Recruitment
There is no one way or ideal way to recruit Youth Council members, especially those who can genuinely claim to be representative of their constituency. Unlike local government elections, the public does not vote for its Youth Council members. Nevertheless, it is important that Youth Council members have a legitimate claim to represent their constituents and to speak on behalf of a particular cohort rather than just themselves. Youth Councils elsewhere have been derailed by members advocating for a personal agenda divorced from community sentiment. One way to try and safeguard against this is to request all candidates to forward twenty-five signatures of young people supporting their nomination, and state what their constituent group is. For example, it might be other school students, members of their soccer club, skateboard riders etc. Although this process involves the ability to lobby and promote oneself, the young person who cannot garner this modest level of support is unlikely to be representing more than him or herself or a handful of young people. Nominations would be called for in each of the following places at a local level: high schools and education institutions, press, libraries and youth facilities. Where there are more nominations than positions, candidates will be interviewed and chosen by the Blue Mountains City Council, on the Advisory Committee’s recommendation. Young people from diverse backgrounds and representing diverse views will be encouraged to participate. This will include active consultation and networking to achieve representation of views from such minority groups as indigenous and non-English speaking communities.
Age Bracket
Council’s resolution of June 25, 2001, requested that staff investigate the possibility of establishing two divisions of the Youth Council, one junior, the other senior. Most Youth Councils are open to young people aged between 12-17 and are mainly drawn from local high schools. A few extend membership to 24 years in line with accepted definitions of the category “young person”. Most report that the majority of members are between 16 and 18 years old. This report recommends limiting membership to the more restricted age group of 12-17 for a couple of reasons. Young people aged 12-17 are in a very different legal bracket from the older cohort. They are unable to vote (or drink or incur debt), less likely than older people to enjoy financial independence, and, if under 16, remain the legal responsibility of their parents or guardians. Young people over the age of 18 are functional adults. Not only can they vote in local elections but they can also stand as members (and, indeed Blue Mountains City Council has had councillors who were under the age of 25). It makes little sense to have a separate council for a group of people who already have access to the political process and can exercise their vote within it. A Youth Council, then, is designed to give a voice to young people who are genuinely excluded from the political process by virtue of their age, but nevertheless have a valuable contribution to make to civic life.
Further, the cost of resourcing a junior and senior division, both in financial terms and staff time, would be prohibitive and unsustainable.
This report recommends that there be only one division of the Youth Council open to all young people aged 12-17. However, should a member turn 18 during their term of office, they would be able to remain on the Youth Council for the duration of that term.
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FACILITATING COMMUNITY DEVELOPMENT Item 30 - Ordinary Meeting, 3/12/02
All adults working with the Youth Council would need to undergo a Working with Children check.
Conclusion
To summarise, it is recommended that Blue Mountains City Council adopts a “hybrid” model for the Youth Council that blends traditional features of community run meetings with the Council model of calling for reports, discussing the content therein, and voting. The Youth Council would spend the bulk of their time planning events and discussing issues, but occasionally they would require the type of in depth information contained in Council reports to assist them with a decision. The Youth Council would have no delegated authority to request reports but would be able to put such requests to Council for implementation. By the same token, the Youth Council would have no delegated authority to spend Council funds.
Youth Council members would be appointed following a public nomination process and would be drawn proportionally from each of the 5 Areas. The total number of members would be 15. Meetings would be held once every six weeks prior to Council meetings to allow for informal mingling between Youth Council members and Councillors.
An Advisory Committee comprising Councillors, Council staff and a community representative would attend meetings to advise and assist the Youth Council as necessary. No member of the Advisory Committee would have voting rights, and its terms of reference, yet to be drawn, would include restrictions on the ability of Advisory Committee members to influence or pressure Youth Council members in their decision making. The Advisory Committee would make recommendations to Council on Youth Council membership.
The direct correlation in other municipalities between a vibrant, active Youth Council and adequate funding levels leaves no doubt that this crucial tenet cannot be compromised if the Youth Council is to be effective.
The Youth Council should be resourced to a level recommended in this report in order to allow it to carry out its functions properly and an increase in the funding for Community Development programs will be incorporated into the 2003/2004 budget submissions accordingly.
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FACILITATING COMMUNITY DEVELOPMENT Ordinary Meeting, 3/12/02
ITEM NO: 31
SUBJECT: COMMUNITY ASSISTANCE/DONATIONS – RECOMMENDATIONS BY COUNCILLORS
FILE NO: C00944
Recommendations:
1. That Council approve the following donations from the Councillors’ Minor Local Projects Vote:
Organisation Amount
Rotary Club of the Lower Blue Mountains $250 Community Carols $50 Kinship at Christmas Foundation $100 Mountains Community Transport Inc. $100 Blackheath Rugby League Club $150 Glenbrook-Blaxland Cricket Club $100 Nepean District Cricket Association Inc. $100
2. That Council approve the following donation from the Mayoral Contingency Fund:
Organisation Amount
Blackheath Rhododendron Festival Inc. $500
Report by General Manager:
On 11 July 2000 Council adopted a revised Policy for Councillors’ Minor Local Projects allocations for the provision of community assistance/donations. The following recommendations for donation, which appear to fall within the ambit of the Policy, have been received and are submitted for approval.
Minor Local Projects
Recommending Organisation Purpose Amount Councillor Glenbrook-Blaxland Cr F Creed Administration expenses $100 Cricket Club Nepean District Cricket Cr F Creed Administration expenses $100 Association Inc. Rotary Club of the Assistance with Australia Cr F Creed $100 Lower Blue Mountains Day celebrations Page 174
FACILITATING COMMUNITY DEVELOPMENT Item 31 - Ordinary Meeting, 3/12/02
Recommending Organisation Purpose Amount Councillor Rotary Club of the Assistance with Australia Cr J Egan $150 Lower Blue Mountains Day celebrations Assistance with hiring Cr T Hamilton Community Carols fees of Blackheath $50 Community Hall Assist with construction Blackheath Rugby Cr T Hamilton of canteen on Blackheath $150 League Club Oval Assistance with Kinship at Christmas Cr H Kozelj Christmas lunch & gifts $100 Foundation for children Mountains Community Assistance with repairs to Cr H Kozelj $100 Transport Inc. bus
Mayoral Contingency Fund
Recommending Organisation Purpose Amount Councillor Blackheath Costs to help with the Cr J Angel Rhododendron Festival running expenses of the $500 Inc. festival.
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PROMOTING ECONOMIC DEVELOPMENT & SUPPORTING TOURISM Ordinary Meeting, 3/12/02
ITEM NO: 32
SUBJECT: BLUE MOUNTAINS BUSINESS ADVANTAGE
FILE NO:
Recommendation:
That Council accepts the grant from the Federal Department of Transport and Regional Services for funding the Blue Mountains Business Advantage project for $74,580 and the Common Seal of the Council is affixed to the contract agreement.
Report by Group Manager, City Sustainability:
Council applied for and was successful in securing funding through the Commonwealth Government Regional Assistance Program for establishing a project to introduce sustainable business practices through the Blue Mountains area.
The Blue Mountains Business Advantage is a program designed to facilitate ‘sustainability’ outcomes for all businesses in the Blue Mountains and to give the region a recognised ‘unique selling point’. It will improve environmental awareness and financial management, and allow businesses the opportunity to use this unique regional marketing tool linked with the new Blue Mountains logo and brand. The brand is being developed by Blue Mountains City Council (BMCC) in partnership with Blue Mountains Tourism Authority (BMTA) and Blue Mountains Business Network (Biznet).
It will result in improved competitiveness and financial performance for existing business as well as building community and investor confidence in the region. This will strengthen the business community and increase regional employment opportunities across a broad range of businesses, not just tourism. All businesses will have the opportunity to grow, particularly those involved in Creative Industries, Sustainable living, Horticulture, Hospitality, Cultural and Nature Tourism sectors.
The “Blue Mountains Business Advantage” is an environmental benchmarking, certification and improvement system. Businesses wishing to become affiliated simply register themselves and receive information on sustainable business practices, links with other programs and are listed on the Blue Mountains Business Advantage website (incorporated in existing sites eg BMCC, BMTA and Biznet).
It is envisaged such a program will allow all businesses in the Blue Mountains to become involved and enter into a process of continual improvement at a pace that suits them.
Businesses reaching agreed performance levels (measured against use of water, energy, waste, and viable business plan) would receive licensed use of the new Blue Mountains logo and the benefits associated with a recognisable brand.
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PROMOTING ECONOMIC DEVELOPMENT & SUPPORTING TOURISM Item 32 - Ordinary Meeting, 3/12/02
This will result in improved competitiveness and financial performance for businesses as well as building community and investor confidence in the region.
Blue Mountains Business Advantage will develop and deliver to business: o Access to information on how to comply with environmental legislation and reduce risk of penalties associated with non-compliance. o Advice and support on sustainable business practices o Licensed use of new and highly recognisable Blue Mountains brand to use in marketing materials. o Improved bottom line through adopting improved environmental practices and financial management. o Maximise competitive advantage through being located in World Heritage setting. o Discounts on special energy efficiency products and services. o Access to database of case studies o Publicity of achievements.
Total funding requested and provided by Department of Transport and Regional Services is $74, 580 (including GST). A copy of Blue Mountains Business Opportunities brochure, which identifies Blue Mountains Advantage as one of its outcomes and previously provided, is enclosed separately for Councillors information.
It is recommended that Council accept this grant.
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PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Ordinary Meeting, 3/12/02
ITEM NO: 33
SUBJECT: DRAFT CONSERVATION MANAGEMENT PLANS FOR BLUE MOUNTAINS CEMETERIES
FILE NO: H00477
Recommendations:
1. That the matters of detail regarding existing fabric which are contained in the submission from the Blue Mountains Historical Society, be validated by the consultant and the relevant corrections be incorporated into the Management Plan prior to the issue of final copies of the Management Plan documents.
2. That Council formally adopt the Conservation Management Plans for Springwood, Faulconbridge, Lawson, Wentworth Falls, Katoomba, Blackheath, Megalong, Mount Victoria and Mount Irvine Cemeteries, subject to the inclusion of corrections of detail arising from the submissions.
3. That the Conservation Management Plan be used to guide the implementation of work and the development of maintenance plans for the cemeteries.
4. That the individuals and groups who made submissions be advised of the outcomes relating to the issues they raised.
5. That Councillors, groups and individuals who participated in the development of the Plans be provided with a final copy of the document.
Report by Group Manager, City Solutions:
Background
Council contracted Hubert Architects to complete draft Conservation Management Plans for Springwood, Faulconbridge, Lawson, Wentworth Falls, Katoomba, Blackheath, Megalong, Mount Victoria and Mount Irvine Cemeteries.
The Plans are set-out as follows:
Volume 1: General Analysis and Conservation Policies Volume 2: Springwood, Faulconbridge and Lawson Cemeteries Volume 3: Wentworth Falls, Katoomba and Blackheath Cemeteries Volume 4: Megalong, Mount Victoria and Mount Irvine Cemeteries
The preparation of these Plans involved general public consultation and included a public meeting on 15 May 2001. Page 178
PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Item 33 - Ordinary Meeting, 3/12/02
The aim of these Plans is to:
S Provide Council with clear objectives, principles and rationale on which to base the provision of burial services and facilities in the Blue Mountains. S Understand how and why Council determines its priorities; S Clarify Council’s role for the provision of facilities and services; and S Serve as a document that enables decisions, problems and issues to be addressed.
The overall purpose of the draft Conservation Management Plan is not to make decisions regarding specific cemetery issues, but to provide a strategic framework and direction for future decision making regarding the provision of burial facilities and services in the mountains. (The Draft Plans have previously been distributed to Councillors).
At its meeting of 9 July 2002 Council resolved to place Volumes 1, 2 and 4 of the draft Conservation Management Plans on public exhibition (Minute No. 282) and at its meeting of 10 September 2002 Council resolved to place Volume 3 on public exhibition (Minute No. 366). It was also resolved:
S Council conducts a public meeting during the exhibition period, with the results of the meeting being reported to Council.
S That a further report be presented to Council at the conclusion of the exhibition period.
Public Exhibition
The details of the public exhibition were advertised in four issues of the Blue Mountains Gazette (25-09-02, 02-10-02, 09-10-02, 16-10-02). Community members from the initial consultation period and funeral directors in the Blue Mountains were advised of the exhibition details by letter.
The draft Conservation Management Plans (Volumes 1, 2, 3 and 4) were on public exhibition from 25 September 2002 to 8 November 2002. The documents were available for viewing at Council’s Katoomba and Springwood Offices and at Council libraries during business hours. Copies of the four volumes were also available on request for $25.00 from Council’s Katoomba Office.
All interested persons were invited to make written submissions.
In total three (3) written public submission were received.
The broad response to the exhibition was encouraging with a range of comments and suggestions being made by respondents and groups.
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PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Item 33 - Ordinary Meeting, 3/12/02
In general, the respondents were pleased to have the opportunity to comment on the draft documentation and appreciated the level of planning and consultation represented in the plans. Written submissions were received from the Marmion Road Wildlife Saving Association, Blue Mountains Historical Society and the Blue Mountains Conservation Society. Attachment 1 summarises these submissions and provides some comment in relation to the issues raised.
Implementation of the Conservation Management Plans
As previously mentioned, the purpose of the plans is not to make detailed decisions about individual cemeteries. The Plans provide strategic direction for the management and conservation of significant cultural heritage. Implementation will involve the development of prioritised action plans and amendment to the Service Level Agreements to reflect the change in maintenance procedures where appropriate. Separate Capital Works Budget bids may be necessary to achieve the outcomes in some instances.
Public Meeting
A public meeting was held on Wednesday 23 October 2002 at the Mid-Mountains Community Centre, Lawson.
Five community members attended the public meeting. Two Council staff and the consultant were also in attendance.
A copy of the meeting notes are provided (Attachment 1).
As a result of the public meeting it was agreed to amend the Plans to include a recommendation to use reasonable sized plaques so that name, date-of-birth, date-of-death and relationships can be displayed.
Conclusion
Finalisation of the Conservation Management Plans for Cemeteries marks a proactive approach by Council to manage and maintain the important historical heritage of Cemeteries in accordance with national guidelines and best practice. The submissions supported the development and consultation process in developing the Plans. Detailed historical suggestions where made in the public submissions and these will be incorporated into the final plans where appropriate. It is recommended that the Conservation Management Plans be formally adopted by Council and implemented subject to available resources.
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PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Item 33 - Ordinary Meeting, 3/12/02
Attachment 1
1Submission Summary Draft response 1.1 Blue Mountains Historical Society 1. 1 The submission will be forward to the This submission gave very detailed feedback consultants to verify and amend the Plans on a number of historical facts. Feedback where appropriate. included both additional information and correction of incorrect facts, eg dates and name spelling etc. Marmion Road Wildlife Saving Association 2.1 The draft Local Environmental Plan, 2.1 The group wished to have the land currently on exhibition contains some areas surrounding the Katoomba cemetery zoned of the cemetery as Protected Area – Slope environmental protection and classified as Constraint, Protected Area – Ecological community land. Buffer, and Ecological Protection Open Space (water course buffer).
2.2 Concern that there are no concrete 2.2 The draft Conservation Management recommendations for stabilizing soil erosion. Plan does not specifically address this type of maintenance issue. However the comments will be considered in reviewing the effectiveness of the Service Level Agreement (SLA) for the maintenance of Cemeteries.
2.3 Support the Plan’s recommendation for 2.3 Noted. an environmental impact assessment before implementing plans for expansion or property acquisition for use as a cemetery.
Stress the need to Implement the draft Conservation Management Plans. Blue Mountains Conservation Society Inc. 3.1 The Plans objective are to provide a 3.1 More recognition should be given to the strategic framework for the provision of possible impacts on ground water and burial facilities and services in the surface water quality and consequent mountains, not to address in detail the requirements for land management. management processes. The SLA for cemeteries will be reviewed to ensure sustainable management practices are employed. 3.2 The preparation of the strategy to deal with the problems arising from the soil 3.2 Management of these issues is erosion, soil creep, undermining and considered important and will be collapse should be written and presented implemented as part of the plan, once with the final Conservation Management adopted by Council. Plan.
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PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Item 33 - Ordinary Meeting, 3/12/02
Attachment 1
3.3 Recommended tree planting along the 3.3 The Plan recommends maintenance and lowest boundary at Faulconbridge cemetery. screening planting. The Plans do not specify detailed action plans. Implementation of the Plans will be pursued after Council adoption of the Conservation Management Plans. This suggestion will be considered.
Wentworth Falls cemetery. 3.4 The southern extension of the cemetery 3.4 Refer to 3.3 should allow for a buffer of 30 metres.
3.5 A native vegetation buffer should be 3.5 Refer to 3.3 established to protect the swampy area from contaminated water.
3.6 Supplementary vegetation along the 3.6 Refer to 3.3 highway should be planted as soon as possible.
Megalong cemetery 3.7 A different approach [not using rows 3.7 The Plans will be amended to reflect etc]should be used if this cemetery is to be this approach. used again.
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PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Ordinary Meeting, 3/12/02
ITEM NO: 34
SUBJECT: SETTING THE BOUNDARIES OF LOCALITIES AND TOWNS
FILE NO: C00275
Recommendation:
That Council re-advertise the proposed locality and town boundaries for the City, incorporating the amendments as they were last reported to the Council, other than those applying to Sun Valley, which was gazetted as a suburb in October 2001.
Report by Group Manager, City Solutions:
Background
Sun Valley is the only locality within the City that has an officially defined area.
In February 2001, Council proceeded with the nomination of Sun Valley after having considered a report into the wider issues of the town boundaries across the City. At the time that the report was considered, there were unresolved issues in relation to several other localities and Council resolved to proceed with the immediate identification of Sun Valley, because of the high level of support in the community. It was intended that the other proposals be re-advertised before being reconsidered by Council.
Comment
Mt Tomah Botanical Gardens has made strong representations to the Council regarding the need to gazette the locality name in order to remove confusion in relation to emergency services and the receipt of postal deliveries.
Discussions have been held with the Geographical Names Board and Council has received advice that the Board will not deal with a request to name a single locality again, but instead requires a submission dealing with all locality names and their bounded areas across the City.
The consultative process for official place naming is extensive. Council must submit proposals which it supports upon the basis of the consultation that it has conducted, then the Geographical Names Board will proceed through a series of statutory consultations, up to three in all, in order to address all objections that are received. Where objections are not received, the process is much swifter and the Board will support gazettal after only one statutory exhibition period.
The naming of Mt Tomah and other localities at the Mountains is potentially more straightforward than many other localities because of definite boundaries formed by the surrounding National Park.
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PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Item 34 - Ordinary Meeting, 3/12/02
Given the urgency of dealing with the naming of Mt Tomah and the likely ongoing debate that will occur in the community regarding the naming of some localities, the following approach is proposed in order to expedite the matter:
S Council re-exhibit the proposed locality plans - (showing the boundary of Sun Valley but not opening it up again for determination), incorporating the suggested amendments that emerged from the last consideration of this matter. (The maps are a separate enclosure to Councillors). S Council reconsider the matter after the close of exhibition and the reporting of any submissions. S Where localities that constitute the whole of the urban/settled area within the wider reserve system, such as the villages of the Mounts, and where there is very substantial support for those locality names, the Council submit proposals for the agreed localities to the Geographical Names Board, with a request that they be dealt with ahead of the other localities that require re-exhibition or on-going dialogue with the community.
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PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Ordinary Meeting, 3/12/02
ITEM NO: 35
SUBJECT: ST JOHNS ROAD RECREATIONAL PRECINCT
FILE NO: H00277
Recommendations:
1. That Council continues with the design of the Stage 1 works for St Johns Road Recreational Precinct, as adopted on 8 October 2002, with the addition of the minor High Priority works for the Playground as described in the Recreation Needs Assessment for Area 5, namely a drinking water fountain and a seat.
2. That an allocation of an additional $23,000 be considered within the 2003-2004 Capital Works Program to allow for replacement and/ or upgrade of the existing play equipment in the precinct. Design would be prepared upon confirmation of funding, thereby allowing the construction work to proceed at the end of the 2003-2004 financial year.
3. That the operation of the car parking and the proposals within the plan, be reviewed in 2004-2005 after the completion of Stage 1 works.
Report by Group Manager, City Solutions:
BACKGROUND
At its meeting of 8 October 2002 Council resolved in Minute No. 425:
“1. That Council adopts the plan (Attachment 1) for St Johns Recreation Precinct for the purpose of supporting implementation of capital works improvements to the park.
2. That Council staff report to the next possible Council meeting the outcome of concerns raised by the participants at the St Johns Road Precinct information night to be held Tuesday 15 October 2002, and such report to be an item of the business paper to allow discussion and debate if required.”
A Master Plan for the St Johns Oval Recreational Precinct was originally developed in 2000 but was amended in consultation with community in early 2002, to reflect the removal of the skate park facility. There was extensive public consultation and many items for construction were suggested and incorporated into the plan. The resultant plan included a range of works including: S Oval widening, upgrade of surface and associated works S substantial off road parking in two separate car parks and lighting to the carparks S Upgrade of an existing basketball court in poor condition and S Provision of additional play equipment and seating. Page 185
PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Item 35 - Ordinary Meeting, 3/12/02
The total estimate for these works was over $1,000,000, and staging of the work was necessary in order to implement the work.
The proposed staging was reflected in the capital works program contained in the Councils Draft 4 Year Management Plan, exhibited as an annual update in May 2002 and which the Council adopted at the end of June 2002. The implementation strategy identified Stage 1 works funding of $390,000 for 2003-2004, for the construction of the oval upgrading and associated works. The Council resolution of 8 October, 2002 allows the design for these works to proceed in order to meet the construction timetable of 2003/04.
The staging plan adopted by the Council allows for the construction of 29 off-street car parking spaces and other access/lighting and landscaping improvements to occur in 2004- 2006. Several items identified on the plan that was developed with public input have not been included in any specific staging and have been deferred indefinitely. These include:
S a new off street carpark for 35 vehicles; S additional play equipment and associated seating and shelter; S upgrade of existing basketball court; and S additional storage room added to clubhouse
An information night was held for the local community to provide feedback on the progress and implementation schedule for the upgrade of St Johns Oval, given that the community had not participated in determining the staging of the plan.
In accordance with item 2 of the resolution of the October 8 Council meeting, the outcomes of the public meeting are presented below.
OUTCOMES OF THE INFORMATION NIGHT
The information night was attended by 34 members of the public, representatives of the Soccer and Cricket Clubs and two Ward Councillors. Comment sheets were collected on the night and further feedback, including a petition, has been received by mail since. A more detailed summary of the issues raised is included in Attachment 1 and a summary of further issues raised in the correspondence received by the time of writing is included in Attachment 2.
Support for the Plan
The sporting groups support the plan. St Johns Road Recreational Precinct is a district facility and therefore a facility for the broader community. The Soccer Club and Cricket Club represent a large number of families and rate payers.
Objections
The concerns voiced by the local residents centred upon the lack of consultation regarding the staging of the works that has been adopted by the Council. The staging is disagreed by the objectors on the basis that it serves the needs of the sports clubs in preference to the local residents and does not alleviate the safety and amenity concerns raised by the residents. Page 186
PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Item 35 - Ordinary Meeting, 3/12/02
More particularly the critical issues as perceived by the objectors were: the deferral of the upgrade of the play equipment and the basketball court there will be an increased use of the facility by sport groups as the result of the work parking and traffic improvements are an urgent requirement and should precede the oval upgrade. The oval surface currently is of a poor standard. Increased use will further degrade surface. There was also a concern that the plan did not represent as comprehensive an approach as some of the draft plans that have recently been exhibited for other reserves within the City.
RESPONSE TO THE ISSUES RAISED
Sporting facilities
The proposed plan addresses the recognised requirement for an additional senior size soccer field at the district level and moves to implement the action in the Area 5 Recreation Needs Assessment, which nominates the extension of the existing oval.
The other actions directed at improving sports facilities such as improved utilisation of facilities were envisaged to proceed concurrently with specific upgrades such as St Johns oval.
It is not feasible to reduce the costs to the oval upgrade and the requirements of construction dictate that the oval work precede the car-parking that lines the oval, unless a less efficient construction method is adopted.
It will be necessary to revise oval maintenance schedules to maintain the newly turfed oval. Options for achieving this will be considered in the preparation of service level agreements that will apply for 2004-05 period. It would also be appropriate to review the current policy and practice in relation to leasing of sports facilities to sporting groups to ensure consistency with access and equity objectives.
Play equipment
Apart from the play equipment already in the park, Area 5 has local level play equipment near St Johns Road at Lennox Park, Wascoe Park and Thomas Park. There is also district level play equipment in Glenbrook Park.
However it is agreed that local facilities should be available to this precinct to avoid the necessity for travelling out onto the Highway for all such trips.
The play equipment in the park is in a poor condition. It is used by the local community and by the oval users and to a lesser extent by the adjacent Childrens’ Services.
The Recreation Needs Assessment for Area 5 identified some minor works within the playground as a high priority. This included the installation of a seat, and a drinking fountain. These works remain relevant and it is proposed that they be completed under minor works in this year.
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PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Item 35 - Ordinary Meeting, 3/12/02
Whilst the more comprehensive upgrade and replacement of the playground equipment was not identified by the Area 5 Recreation Needs Assessment, this action is an outcome of the more detailed and comprehensive assessment conducted as part of the preparation of the plan for the St Johns oval/recreation area.
It is recommended that an allocation of an additional $23,000 be considered within the 2003- 2004 Capital Works Program to replace the existing play equipment in the precinct. This price allows for provision of soft-pour soft-fall instead of mulch. Soft pour is the preference of both the local community and it also has maintenance advantages.
Traffic
It is acknowledged that the oval upgrade will slightly increase peak use on Saturdays but the traffic assessment conducted as part of the investigations for the plan indicates that this will not significantly impact on the operation of the intersection of St Johns Road and the Great Western Highway.
The proposed staging of construction, whereby the additional parking is built after the oval extension, relates to construction requirements and funding availability in year 1, not to the priorities of the work. Additional expense would be incurred if the staging was to be altered. A review of the parking situation is proposed for 2004-2005 when the works have been in place for a season.
Conclusion
It is recommended that council proceed with the implementation of the St. Johns Road plan as previously agreed, with the addition that minor works being the installation of seat and a water fountain also proceed with the stage 1 works.
The need for an upgrade of the play equipment is acknowledged and it is also recommended that Council give consideration to the inclusion of $23,000 in next years capital works program to also allow for the inclusion of this work in Stage 1. Any further improvements to the parking should occur after Stage 1 of the plan has been implemented and the parking demands are reviewed.
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PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Item 35 - Ordinary Meeting, 3/12/02
Attachment 1
Table 1 Summary of feed back from Information Night ISSUE RESPONSE Why was the final plan not At the 21st February working party meeting, those exhibited present decided not to bring the plan back to the public before submitting it for capital works funding There were a number of The estimate for the total works was unacceptably high objections to the process by and Councillors in a Councillor briefing on the capital which the items to be omitted works allocations decided which part of the works to were selected. omit to reduce the overall costs. The timing of the capital works program meant that going back to the public for more debate would have delayed inclusion in the Capital works program for a year. Concern by local residents A Soccer Club representative pointed out that the Club that the Soccer Club was drew on a very strong player base over a wide area and benefiting most by council this represents more families than the local community. decision Omission of play equipment; Will relay this issue to Council through the business existing play equipment of paper. poor standard and inadequate Omission of items for the Will relay this issue to Council through the business local community, particularly paper. the play equipment and basket ball court upgrade, is inequitable Omission of second carpark Will relay this issue to Council through the business means that parking will be paper. inadequate The $730,000 allotted should It is not feasible to partially extend the oval; it must be be spread three ways, not done all at once. primarily on the oval. Some local residents stated The priorities agreed to in the community meeting of that the oval was not the 21st Feb, placed the oval widening, carparking and play priority; that play equipment, equipment as equal first priority but agreed that the basketball courts and carparking could be built in the second stage for reasons additional parking were of practicality. community priorities. Suggestions were made about To build the carpark first would require additional work the order in which and expense compared to building it after the oval construction occurs, to give extension. It is not advisable to delay rehabilitation local requirements a greater works after construction as this gives weeds an priority. opportunity to establish. Suggestion that the carpark Council has a policy to provide lighting to all carparks lighting is omitted to pay for and there are safety issues. A neighbour of the oval play equipment. spoke and said that the lighting was desirable for the locals as it discouraged anti social behaviour in the carpark. Page 189
PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Item 35 - Ordinary Meeting, 3/12/02
Attachment 1
Table 1 Summary of feed back from Information Night continued ISSUE RESPONSE Suggestion that the Soccer The Soccer Club addressed this issue. Club simply play at other ovals Knapsack oval users spoke on It was pointed out that this was a meeting regards St their concerns about the Johns Oval licence agreement for Knapsack. The Soccer Club offered to do Noted anything in its power to facilitate the locals requirements for local use of the reserve. One resident queried the need Representatives of the Soccer users denied this saying it for extra parking, saying that is often double parked in there. the mini field carpark is underutilised Design issue was raised with Noted the future angle parking indicated for on a bend in the road. Locals said that Traffic Issues are outside the scope of this project. calming, and another exit for St Johns road was important. A local resident requested that Request would be relayed to council but it would Council be asked that the oval represent over $500,000 of works in one year and widening, the both planned should be considered an unrealistic request. carparks and the play equipment all be constructed in stage one.
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PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Item 35 - Ordinary Meeting, 3/12/02
Attachment 2
Table 2 Additional issues raised by correspondence Number of Issue times raised 6 Carparking should be built before oval extension 5 Include parking which has been deleted from plan 3 Include additional play equipment 5 Design advice - various 6 Traffic and parking issues 3 Support for Plan 3 Drainage issues 3 Current maintenance level of oval unsatisfactory, resourcing of maintenance concerns 2 Include basketball court upgrade 2 Poor standard of existing facilities/maintenance issues 2 District issues more important than local 3 Unfair distribution of funds 2 Increased use of area 1 Ward 4 should get additional funding as it has the highest level of youth population in the mountains 1 Construct additional exit for St Johns road onto highway 1 Query need to move cricket practise wickets 1 Carpark for mini-field incomplete 1 Consultation process inadequate 2 Decision making process flawed 1 Oppose location of second carpark 3 Playing surface issues 2 Seeking additional facilities; bar-b-ques, tables, covered areas, tennis court, planted and grassed areas, family picnic area, toilet facilities, drinking fountain, baby change facility, garbage bins. 1 Cost of electricity for lighting 1 Reduce hours of operation of oval
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PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Ordinary Meeting, 3/12/02
ITEM NO: 36
SUBJECT: OPERATING DAYS- BLACKHEATH SWIMMING POOL
FILE NO:
Recommendations:
1. That the following times apply to the operation of Blackheath Pool for the 2002/03 season:
a. The pool will remain open until the end of March, unless varied by a resolution of Council; b. The daily opening hours will be between 11 AM and 8 PM, other than Christmas Day, when the pool will be closed.
2. That the opening times of the facility for future seasons be considered as part of the more comprehensive report being undertaken into the long term options for the pools.
Report by Group Manager, City Solutions:
On 22 October 2002 Council resolved to receive a report on extending the operating days of the Blackheath Pool for the coming and future seasons and investigate the possibility of re- opening the kiosk.
Pool opening times and days- 2002 – 2003 Season
Council has been separately dealing with the issue of the opening of both of the pools at Blackheath in light of the condition of the pool shells and the associated loss of water from the pools. Council will be considering further reports into this issue once investigations into the long term repair options are available.
For the purposes of this report it is recognised that Council will repair and open the freeform pool in early December. The proposals for opening times contained within this report refer to the freeform pool. Proposals for future seasons will be addressed once the Council has determined the general approach to the long term options for both of the pools.
The current policy is that Blackheath Pool be open until the first weekend in March, except where the prevailing weather conditions are good for swimming, in which case the facility may be kept open for an extended period. That determination has been a difficult one to make and some concern has been registered by members of the community that the pool should have remained open longer last March because the weather was good.
There is a difficulty in implementing a policy such as this that requires the prediction of the weather considerably ahead of event, in order to plan for appropriate pool management.
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PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Item 36 - Ordinary Meeting, 3/12/02
It is considered that for this policy to be workable, the operator should be able to plan to remain open until the end of March. This may be altered subject to Council resolution, if the weather is poor through late February and the start of March and long range weather forecasts indicate that the poor weather will continue.
A request was also received at the meeting of the Blackheath Memorial Park and Gardens Advisory Committee on 21 November, that the daily opening times of 10AM to 7PM be altered to from11 AM to 8 PM.
There is a likely impact on costs to Council of the operation of the pool arising from both the extension of the season and the alteration to later opening hours. Lighting costs will arise because of the later closing time and additional staff time and other operating costs will arise as the result of extending the opening until the end of March, which may be offset to some degree by a reduction in operating costs because of the closure on one pool for the season.
Feasibility of opening the kiosk
The kiosk at Blackheath Pool has not operated since the early to mid 90’s. Council undertook an Expressions of Interest for the operation of the kiosk in 1997 but did not secure any substantive proposals.
Factors such as the short swimming season at Blackheath, the number of patrons and the isolation of the kiosk from passing trade combine to limit the market potential.
If Council were again to seek an operator for kiosk, the lessee would also be required to bear the costs of fit-out to meet food handling regulations and to provide adequate facilities for patrons.
Calling of expressions of interest, negotiation and finalisation of a lease and the completion of the necessary applications and fitout of the shop would take of the order of three to four months and would need to be commenced no later than June/July 2003 to be ensure being operational by December.
It is recommended that the issue of the kiosk also be considered as part of the longer term plans for Blackheath Pool
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TRANSPORTATION & ROADS Ordinary Meeting, 3/12/02
ITEM NO: 37
SUBJECT: TENDER FOR THE CONSTRUCTION OF THE KATOOMBA STATION ROUNDABOUT AT THE INTERSECTION OF KATOOMBA STREET, BATHURST ROAD AND GANG GANG STREET, KATOOMBA
FILE NO: C06086
Recommendations:
1. That Council accepts the tender submitted by Civil Systems Engineering Pty Ltd for the construction of the Katoomba Station Roundabout, Contract No. 2002-094, for the lump sum price of $498,772.00 (excluding GST).
2. That the Common Seal of Council be affixed to all the necessary documents.
3. That the proposed Yeaman Bridge Roundabout Precinct works not proceed at this stage, and that the current funding allocation for these works be made available to the Katoomba Station Roundabout project.
Report by Group Manager, City Solutions:
Introduction
This report will provide Council with information regarding the tender for the construction of the Katoomba Station Roundabout at the intersection of Katoomba Street, Bathurst Road and Gang Gang Street Katoomba and to provide a recommendation based on the tenders received.
Background
Council has allocated funding within the 2002/2003 Capital Works Programme for the construction of the Katoomba Station Roundabout. The tender process and recommendations within this report will facilitate the engagement of an appropriate Contractor to carry out the construction of this roundabout.
The Tender
Open Tenders were called in accordance with Council’s Tendering Guidelines for the construction of the Katoomba Station Roundabout.
The tender was advertised in the Sydney Morning Herald on the 8th and 15th October 2002 and in the Blue Mountains Gazette on the 9th and 16th October 2002.
Tenders closed at 2.00pm, Tuesday 5th November 2002.
Nine copies of the tender documents were issued to prospective tenderers. Page 194
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The following Tenders were received and are listed in apparent order of price, with the lowest cost submission listed first and the highest cost submission listed last. The complete tender submission documents are available on file for further reference.
S Civil Systems Engineering Pty Ltd, Baulkham Hills S Trimcoll Pty Ltd, Kellyville S North Shore Paving Co Pty Ltd, Lindfield West S Kingston Industries Pty Ltd, West Ryde S Eptec Pty Ltd, Gladesville
A late submission was also received from Byrne Civil Engineering Constructions Pty Ltd, Glenorie. As this submission was received after the tender closing time of 2.00pm it is an invalid submission and cannot be considered.
Tender Evaluation
The role of the Tender Evaluation Panel (TEP) is to evaluate the submissions in accordance with the assessment criteria specified in the tender document and to recommend a preferred tenderer.
The TEP must develop a clear understanding of the tenderer’s proposals and claims. Where internal inconsistencies or lack of clarity arise from the tenderer’s submitted information, the TEP can request clarification from the tenderer. In this instance, the TEP requested clarification of information from all tenderers.
As a result of this process Trimcoll Pty Ltd withdrew their tender submission due to an anomaly in the calculation of their lump sum tender price.
Tenders were assessed using the following assessment criteria and weightings:
Criteria Weighting Relevant experience with similar projects 15% Performance on previous projects 15% Proposed program 10% Traffic / Pedestrian Management Plan 10% Price 50%
Discussion
The following table is a summary of the recommendations of the TEP based on the evaluation process in respect to the average weighted score of the assessment criteria. The full assessment is available on file for further reference. The average weighted scores shown are out of a total possible score of 4. Page 195
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Average Rank Tenderer Weighted Score* 1 Civil Systems Engineering Pty Ltd 3.79 2 North Shore Paving Co Pty Ltd 2.59 3 Kingston Industries Pty Ltd 1.95 4 Eptec Pty Ltd 1.07 5 Trimcoll Pty Ltd Withdrawn * Maximum possible score is 4.
In summary, the tender submitted by Civil Systems Engineering provides the best value for money based on the prices submitted. This Company has not worked for Council previously, but have extensive experience with Sydney based Councils carrying out similar high profile streetscape and roadwork projects. It is recommended that Council award this Contract to Civil Systems Engineering.
It is anticipated that works will commence in mid January 2003 with a sixteen week program to complete the works.
Funding
Council has allocated $550,000.00 in the 2002/2003 Capital Works Programme for the construction of the Katoomba Station Roundabout.
This allocated budget must cover all costs associated with the construction of this project, including the supply of the black decorative fence panels, contingency sum, potential disposal costs and design costs for roundabout and artwork. It is estimated that these works will cost in the order of $90,000.
As such, additional funding will be required to ensure all necessary associated costs are met.
The current Katoomba Revitalisation Project Four Year Funded Program includes an allocation of $45,000 to provide new decorative steel panels, relocate the existing Parke Street pedestrian crossing and to provide improvements for bus turning paths at the Yeaman Bridge Roundabout. Current indications are that this funding is not adequate to carry out these proposed works at Yeaman Bridge.
To address the funding shortfall for the Katoomba Station Roundabout project, it is recommended that the proposed Yeaman Bridge Roundabout Precinct works (described above) do not proceed at this stage, and that the current funding allocation for these works be transferred to the Katoomba Station Roundabout project.
The allocation of these additional funds will allow for the whole of the works identified for the Katoomba Station Roundabout project to proceed. Page 196
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Comment from the Tender Review Committee
The Tender Review Committee has reviewed the tender procedures and is satisfied as to the fairness of the process.
Comment from Group Manager, Corporate Policy
The funding shortfall for the Katoomba Roundabout Project can be addressed, if Council resolves to reallocate funds previously allocated to the Yeaman Bridge roundabout beautification in the Katoomba Revitalisation Program.
Conclusion
Based on the assessment of the submissions received, it is recommended that the tender, submitted by Civil Systems Engineering Pty Ltd, for the construction of the Katoomba Station Roundabout be accepted by Council, for the lump sum price of $498,772.00 (GST exclusive).
To ensure that the whole of the project proceeds it is also recommended that the proposed Yeaman Bridge Roundabout Precinct works not proceed at this stage, and that the current funding allocation for these works be made available to the Katoomba Station Roundabout project.
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TRANSPORTATION & ROADS Ordinary Meeting, 3/12/02
ITEM NO: 38
SUBJECT: TENDER ASSESSMENT – CONTRACT NO. FS08/02 – TENDER FOR THE SUPPLY OF ONE NEW OR USED FOUR WHEEL DRIVE BACKHOE LOADER
FILE NO: C05912
Recommendation:
That the tender received from Hitachi Construction Machinery (Australia) Pty Ltd, ref no. 12- 002/02, being acknowledged and assessed as conforming with the conditions of the Tender and in accordance with Contract FS04/01 be accepted for the supply of one new four wheel drive backhoe loader for the total purchase price of $112,900 (GST inclusive)
Report by Group Manager, BM City Services:
Introduction
As part of Council’s management of operational fleet a replacement unit for our current backhoe loader, plant number 5383 is sought. This replacement is based on the operational economic life of our operating plant, which considers the plant age, residual value, occupational Safety and service reliability.
Tenders were invited for the purchase of one new or used four wheel drive backhoe loader. Invitation to tender was advertised in the Blue Mountains Gazette and Sydney Morning Herald for three weeks prior to the August 20th 2002 closing date.
The intent of the Tender was to select from the marketplace the most economically suitable replacement for existing plant 5383.
Process
The process used is in accordance with the current, Blue Mountains City Council, Tendering Guideline with tenders closing on the 20th of August 2002 at 2:00pm. At the time of closure fifteen tenders were received from the following six suppliers:
FSR Equipment PTY LTD, Camellia Construction Equipment Australia PTY LTD, Wetherill Park Hitachi Construction Equipment (Australia) PTY LTD, Revesby Gough & Gilmore Holdings PTY LTD, Kelso GCM Agencies PTY LTD, Mt Kuring-Gai Case Equipment Sales St Marys
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A Tender Evaluation Committee was established to examine the tendered documents. It consisted of the following members:
Mechanical Services, Team Leader, Fleet Asset Officer, Maintenance Services, Backhoe Operator Occupational Health and Safety Officer, and; Fleet Management Officer.
This committee met three times. Firstly, the committee established the process and weighting to be applied to the evaluation criteria, set out in the Tender document. Additionally, the meeting reviewed the Tender documents and established the initial weightings against each tendered unit. The meeting also identified that the second hand unit would not be further considered based on its condition and price differential compared with the new units tendered.
The Committee selected the top three units from those tendered to conduct an operational review. The three units assessed were the John Deere 315SG; Hitachi, New Holland LB110; FSR and JCB 3CX; CEA. The operational review involved operators from Maintenance Services, Occupational Health and Safety Officer and Mechanical Service staff. This assessment was required to establish the ergonomic, serviceability and the operational suitability of the tender units. Only two units were available for testing, as CEA was not able to provide as the terms of the tender specified, to provide a JCB 3CX unit for Council’s assessment.
The third meeting reviewed the evaluation of each tender (Attachment A) to finalise and ratify the committee’s recommendation. This was undertaken as part of the final review of all tendered units and the results acknowledged through the unit demonstrations.
Recommendation
The process of evaluation was in conformance to the Tender document. Therefore, the tender assessment committee recommends the following;
That the tender received from Hitachi Construction Machinery (Australia) Pty Ltd, ref no. 12- 002/02, being acknowledged and assessed as conforming with the conditions of the Tender and in accordance with Contract FS04/01 be accepted for the supply of one new four wheel drive backhoe loader for the total purchase price of $112,900 (GST inclusive)
Comment by Tender Review Committee
The Tender Review Committee has reviewed the Tender procedures and is satisfied as to the fairness of the process.
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Attachment A
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Attachment A
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Attachment A
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TRANSPORTATION & ROADS Ordinary Meeting, 3/12/02
ITEM NO: 39
SUBJECT: TENDER ASSESSMENT – CONTRACT NO. FS10/02 – HIRE OF CONSTRUCTION AND MAINTENANCE PLANT AND EQUIPMENT FOR THE YEAR ENDING 30 SEPTEMBER 2004
FILE NO: C05967
Recommendations:
1. That the thirty tenders received, acknowledged and assessed as conforming with the conditions of the Tender, be accepted and that the Tenderers be listed as nominated suppliers to Council of items of hired plant they Tendered, in accordance with Contract FS10/02.
2. That selection of a supplier for any Council work is made at the time on the basis of the lowest cost to Council for the plant hire item. This calculation is to be made using the following evaluation factors,
(a) Highest Evaluation rating in conjunction with the lowest Tender hire rates (hourly/daily/weekly, with/without operator and Flotage Rates), (b) Availability, and; (c) Suitably for the job.
Report by Group Manager, BM City Services:
Introduction
Each year Council establishes an eligibility list for the supply of plant and equipment, predominately for use by Civil Operations. This eligibility list ensures that the recommended contractors have all equipment, which is suitable to the Council’s operational needs and is covered by all respective insurance and WorkCover requirements. This selection process enables Council to provide a cost effective and quick response to meet their major equipment hiring needs.
Tenders were invited for the hire of construction and maintenance plant and equipment to 30 June 2004. Invitation to tender was advertised in the Blue Mountains Gazette and Sydney Morning Herald for three weeks prior to the September 24 closing date.
The intent of the Tender was “to nominate Suppliers for the hire of each of the most commonly required items of plant and equipment, while reserving the right to hire from other parties at any time if the nominated suppliers were unable to provide a particular item of plant or service when required.”
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TRANSPORTATION & ROADS Item 39 - Ordinary Meeting, 3/12/02
Process
The process used is in accordance with the current, Blue Mountains City Council, Tendering Guideline with tenders closing on the 24th of September 2002 at 2:00pm. At the time of closure thirty tenders were received from the following:
Allards Plant Hire PTY LTD Amack Earthmovers PTY LTD Anova Constructions PTY LTD Anytime Tower Hire PTY LTD Barry Brothers Specialised Services Coates Hire Operations PTY LTD Coates Prestige PTY LTD Collex PTY LTD Complete Sweep PTY LTD Conplant Compactors Hire Australia PTY LTD D Cullen Water Cart Hire PTY LTD Gracey's Earthmoving Service Greg Lagreca Kingstones Industries PTY LTD Master Plant Rental PTY LTD (Master Compaction) Metropolitan Watercarts PTY LTD (J A Brackenrig) Mountain Men Building and Roofing Services PTY LTD National Hire Operated LTD On Site Rentals PTY LTD Phillip Tilt PJ & ML Corney Raygal Excavation PTY LTD Mark Richardson PTY LTD Stanton Corporation PTY LTD (Universal Mobile Tower Hire) Suir Excavations PTY LTD Sydney Mini Profilers Transfield Services Road Maintenance PTY LTD Wetherill Park Plant Hire PTY LTD Zappaway Steamit Environmental Services PTY LTD
A Tender Evaluation Committee was established to examine the tendered documents. It consisted of the following members:
Civil Operations, Team Leader, Purchasing Officer, Risk Management Officer, Occupational Health and Safety Officer, and; Fleet Management Officer.
This committee met to established the process and weighting to be applied to the evaluation criteria, set out in the Tender document.
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Subsequent meetings reviewed specific selection criteria for insurance policies and O.H.&S. the Tender documents and established the gap between supplied and requested material. No Tender assessed was identified as not complying with the conditions of the Tender. All Tenders, and relevant evaluation documentation, are on file.
The final meeting performed the review process to ensure that the evaluation criteria, previously established reviewing the evaluation and prioritisation sheets. The result of the criteria and evaluation is attached as Attachment “A” to this report.
Outcome
The process of evaluation was in conformance to the Tender document. The price schedule listed the most commonly required items and a miscellaneous section to broaden the scope of a contractor’s bid.
Thirty complying Tenderers bid on a range of items commonly hired, as follows:
Supplier Equipment Allards Plant Hire PTY LTD Backhoe, Excavator, Skid steer, Watercart Amack Earthmovers PTY LTD Roller Anova Constructions PTY LTD Backhoes, Excavators Anytime Tower Hire PTY LTD Cherry Pickers Barry Brothers Specialised Services Vacuum Truck Coates Hire Operations PTY LTD Cherry pickers, Portaloo, Roller, Skid steer Coates Prestige PTY LTD Portaloo Collex PTY LTD Vacuum Truck Complete Sweep PTY LTD Vacuum Truck, Sweeper, Roller Conplant Compactors Hire Australia PTY LTD Roller D Cullen Water Cart Hire PTY LTD Watercart Gracey's Earthmoving Service Backhoe, Excavator Greg Lagreca Backhoe, Excavator Kingstones Industries PTY LTD Backhoe, Excavator, Skid steer, Watercart Master Plant Rental PTY LTD (Master Compaction) Rollers Metropolitan Watercarts PTY LTD (J A Brackenrig) Sweeper, Watercart Mountain Men Building and Roofing Services PTY LTD Roller National Hire Operated LTD Cherry pickers, Portaloo, Roller On Site Rentals PTY LTD Portaloo Phillip Tilt Skid steer PJ & ML Corney Backhoe, Excavator, Skid steer Raygal Excavation PTY LTD Backhoe, Flowcon, Skid steer, Sweeper, Watercart Mark Richardson PTY LTD Skidsteer, Profilers Stanton Corporation PTY LTD (Universal Mobile Tower Hire) Cherry pickers Suir Excavations PTY LTD Excavators Sydney Mini Profilers Roller, Vacuum Trucks Page 205
TRANSPORTATION & ROADS Item 39 - Ordinary Meeting, 3/12/02
Supplier Equipment Transfield Services Road Maintenance PTY LTD Skid Steer, Excavators Wetherill Park Plant Hire PTY LTD Backhoe, Excavator, Skid steer, Watercart Zappaway Steamit Environmental Services PTY LTD Vacuum Trucks
Summary sheets have been prepared to assist selection of required equipment during 2002/2004. For the purpose of comparison, the tendered vehicles and items of plant have been grouped into equivalent equipment types and all prices converted to daily hire rates.
Recommended Approach
As the group of conforming Tenders comply with the Tender document, all of these suppliers are recommended to be utilised for the hire of various items of plant and equipment for construction and maintenance to June 2004.
Selection of a supplier for a particular application should be made at the time on the basis of the lowest expected total cost of the plant hire item, calculated in the following manner:
Highest Evaluation rating in conjunction with the lowest Tender hire rates (hourly/daily/weekly, with/without operator and Flotage Rates), Availability, and; Suitably for the job.
As a basis for the above selection, a plant hire summary chart will be drawn up from the evaluation spreadsheet to show the hourly/daily rates bid by Tenderers for the items of commonly hired plant. Initial selection will be made on the basis of lowest hire rate. Then suitability of the item for the job in hand will be assessed and its availability for the expected period of hire will be checked.
Comment by Tender Review Committee
The Tender Review Committee has reviewed the Tender procedures and is satisfied as to the fairness of the process.
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Attachment A
Evaluation Weighting and Criteria
Supplier Details Total Declaration Supplier Evaluation provided Allards Plant Hire PTY LTD 40.67 Y Amack Earthmovers PTY LTD 40.67 Y Anova Constructions PTY LTD 44.56 Y Anytime Tower Hire PTY LTD 38.17 Y Barry Brothers Specialised Services 41.88 Y Coates Hire Operations PTY LTD 57.17 Y Coates Prestige PTY LTD 35.33 Y Collex PTY LTD 40.67 Y Complete Sweep PTY LTD 40.35 Y Conplant Compactors Hire Australia PTY LTD 55.21 Y D Cullen Water Cart Hire PTY LTD 29.50 Y Gracey's Earthmoving Service 46.54 Y Greg Lagreca 46.96 Y Kingstones Industries PTY LTD 53.58 Y Master Plant Rental PTY LTD (Master Compaction) 32.42 Y Metropolitan Watercarts PTY LTD (J A Brackenrig) 35.25 Y Mountain Men Building and Roofing Services PTY LTD 38.71 Y National Hire Operated LTD 54.67 Y On Site Rentals PTY LTD 60.08 Y Phillip Tilt 45.33 Y PJ & ML Corney 55.21 Y Raygal Excavation PTY LTD 51.42 Y Mark Richardson PTY LTD 49.46 Y Stanton Corporation PTY LTD (Universal Mobile Tower Hire) 45.33 Y Suir Excavations PTY LTD 37.75 Y Sydney Mini Profilers 53.04 Y Transfield Services Road Maintenance PTY LTD 37.40 Y Wetherill Park Plant Hire PTY LTD 27.48 Y Zappaway Steamit Environmental Services PTY LTD 32.42 Y
EVALUATION CRITERIA Weighting Allocation OH&S 0.25 Hire Rate 0.35 Operations 0.35 Insurance 0.05
Total ranking 1
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NOTICE OF MOTION Ordinary Meeting, 3/12/02
ITEM NO: 40
SUBJECT: BLACKHEATH SWIMMING POOL
FILE NO:
By Councillors T Hamilton and C Van der Kley:
“That Council is committed to ensuring that Blackheath continues to have a swimming pool”.
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NOTICE OF MOTION Ordinary Meeting, 3/12/02
ITEM NO: 41
SUBJECT: BLUE MOUNTAINS SOCCER CLUB
FILE NO:
By Councillor M Greenhill:
“1. That the General Manager arrange for the appropriate Council staff to meet with officials of the Blue Mountains Soccer Club with the aim of coming to an agreement (based on the Blue Mountains Recreation and Sports Strategy 2002) for:
a. The long term uses of Knapsack Park at Glenbrook. b. The ongoing long-term management of Knapsack Park. c. The ongoing long-term maintenance of Knapsack Park. d. The planning and costing of necessary capital works to accommodate the planned uses and necessary improvements particularly tree preservation, parking and drainage. e. Any other matter which is raised at the meeting.
2. The General Manager to report back to the first possible Council Meeting the outcome of the meeting with the Club officials.”
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NOTICE OF MOTION Ordinary Meeting, 3/12/02
ITEM NO: 42
SUBJECT: TOWN ENTRY SIGNS FOR MOUNT TOMAH, MOUNT WILSON AND BELL ON BELLS LINE OF ROAD
FILE NO: R00/0010
By Councillor H. Kozelj:
“That a report comes to Council on the installation of town entry signs for the villages of Mount Tomah, Mount Wilson and Bell on Bells Line of Road.”
Comment by Councillor Kozelj:
This request is from some residents of the above villages. It is also to uniform the signage throughout the Blue Mountains, and is an unique tourist directional advisory tool, as well as an advisory structure for signs like fire restrictions, on the main roads.
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NOTICE OF MOTION Ordinary Meeting, 3/12/02
ITEM NO: 43
SUBJECT: NEIGHBOURHOOD PARK FOR SOUTH WARRIMOO
FILE NO:
By Councillors A Henson and C Kime:
“1. That Council on behalf of South Warrimoo Village Community Group, Warrimoo Public School, Warrimoo Public School P&C Association, Warrimoo Public School Council, Warrimoo Playgroup, Warrimoo Action Group and Warrimoo Citizens Association report back to Council as a matter of urgency advising if there is a way forward to establish the neighborhood park in South Warrimoo while currently opportunities still prevail.
2. That Council writes to the Hon Mr. Bob Debus MP asking for his assistance in this matter.”
Comment by Councillors Henson and Kime:
Extensive information has come to light from the residents representing the above groups that unless council acts now to secure either the Water Board land, pursue negotiations with the Church the only opportunities in South Warrimoo to establish a park that may currently be available will be lost.
It is hoped that Mr. Debus may be able to assist with obtaining the Water Board land. Under the ‘Enclosed Land Act’ a partnership with the Public School is not allowed however residents would like council to ask Mr. Debus to make further enquiries into this possibility.
This matter goes back many years and recent comprehensive submissions have come into council by the above groups following up on the request for council to assist their community in the provision of a basic service for their township which has been on the agenda since the mid 1990’s.
Following community/council consultation, council indicated to the residents of Warrimoo (Area 5 Report) their intentions to establish a park at South Warrimoo. Following this it appeared in the Capitol Works Program 1999/2000 as an un funded project. In the 2001/2002 C.W.P. it showed as a proposed project ($5K for investigation and $50 K to establish). No final allocation were forthcoming even though the records ( May 2000) show that negotiations with the Church appeared positive. It appears now that these negotiations have not been pursued.
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NOTICE OF MOTION Item 43 - Ordinary Meeting, 3/12/02
Council in this years C.W.P. has moved the original proposed investigation funding of $5K to 2005/2006 and no allocation is showing for the establishment of the park! Considering that negotiations have taken place for many years it is alarming that we are now proposing to start all over again.
Residents are very disappointed at the progress on this matter and it seems the park has just fallen of the agenda.
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PRECIS OF SELECTED CORRESPONDENCE Ordinary Meeting, 3/12/02
ITEM NO: 44
SUBJECT: PRECIS OF SELECTED CORRESPONDENCE, 3/12/2002
FILE NO: C00680
Recommendation:
That the Precis of Selected Correspondence be received and appropriate letters forwarded where necessary.
1. 24/10/2002 - The Hon R Carr, Premier of New South Wales
Referring to Council’s letter regarding the bombing of the Council Chambers in 1992, and advising that he has arranged to bring Council’s approach to the attention of the Minister for Police, the Hon Michael Costa MLC.
2. 25/10/2002 - Paul Cosgrave, Blackheath
Congratulating Council on the initiative to create and expand the Blue Mountains Artist Register, and expressing appreciation for the opportunity of registering.
3. 5/11/2002 - Yvonne Winspear, Hazelbrook
Thanking Council for the idea of the web site for the Artist Register into which her name has been accepted. Also congratulating Council for the Sculpture Day for children at Wentworth Falls Lake.
4. 6/11/2002 - 17 Petitioners
Concerning the St Johns Road Recreation Precinct Plan, and attaching comments on several issues that have arisen as a result of the recent Information Meeting.
5. 7/11/2002 - Margaret Walsh, Secretary to the General Manager, Narromine Shire Council
Advising that Mr Jack Garside is no longer the General Manager of Narromine Shire Council, and that Mr Paul Bennett, formerly of Blue Mountains City Council, commenced duties as General Manager at Narromine on 21 October 2002.
6. 8/11/2002 - Anne Prentice, Blaxland
Thanking an Environmental & Customer Services staff member for their courtesy and assistance in organising the delivery of a development plan.
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PRECIS OF SELECTED CORRESPONDENCE Item 44 - Ordinary Meeting, 3/12/02
7. 11/11/2002 - Patrick Maher, York Street, Glenbrook
Expressing appreciation for the courtesy of three Council officers involved in the removal of an infested and dangerous tree on the nature strip adjacent to his property in Glenbrook.
8. 15/11/2002 - Jan Favale, Secretary, Chamber of Commerce and Industry, Lawson
Thanking Council for its help, contribution and support during the Chamber’s “Back to Lawson Day”, held on 9 November 2002.
9. 15/11/2002 - Margaret Cole, Paddington
Thanking a staff member for their assistance in selecting and organising a plot in the new Ashes Garden at Springwood Cemetery.
10. 19/11/2002 - Christine McDavitt, Community Relations Co-ordinator, Roads and Traffic Authority
Thanking a staff member for their assistance with changing the venue for their recent meeting at the Emergency Services Centre.
11. 19/11/2002 - Chris Little, Executive Manager, NSW Division, Institute of Public Works Engineering Australia Limited
Thanking Council for its support for the Local Government Excellence in Road Safety Awards 2002. The Awards are presented to councils to recognise outstanding achievements in the area of road safety, and are linked to the Local Government Road Safety Program. Also enclosing certificates of acknowledgement for two BMCC projects shortlisted as part of the judging process.
12. 20/11/2002 - Freny Tayebjee, Manager, Co-operative Programs, Office of Regional Development, University of Western Sydney
Thanking a staff member for participating in the University’s Co-operative Programs and sponsoring the project ‘Effectiveness of street sweeping technology on stormwater management’.
13. 21/11/2002 - Cathy Reynolds, Chairperson, Winmalee Community Hall Committee
On behalf of the Committee, thanking Council for the work carried out on the grounds of Winmalee Community Hall and noting that it has made a vast improvement.
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14. 22/11/2002 - Dr Susan Coulshed, Mt Riverview
Congratulating Council on its Library Service at Blaxland and also on the Springwood-based Possums Child service that arranges for toys to be given to children up and down the Mountains.
15. 22/11/2002 - Blue Mountains Public Broadcasting Society Inc
Reporting on the use of the Tieline Codecs that were purchased by the Society with funding received through Council, and advising Council that the Society’s new committee was elected to office at BLU-FM on 26 October and that Ken Quinnell has been appointed Grants Officer.
16. 22/11/2002 - 9 Petitioners, Mount Victoria
Regarding the sealing of St Georges Parade, Mount Victoria and noting their dissatisfaction both with the process that Council has followed for the project and with the final result. Also, requesting the opportunity to talk to Council about how to remedy the defects listed in their letter of petition.
17. 25/11/2002 - The Hon Andrew Refshauge MP, Minister for Planning
Forwarded by the Hon R Debus MP, Member for Blue Mountains, referring to his representations on behalf of Council concerning the Linden Observatory at Linden.
Advising that Linden Observatory is scheduled as a local heritage item in the Blue Mountains City Council Local Environmental Plan (LEP), and that the land would be protected by this listing. Noting that it is therefore within the power of Council to control development on the site in terms of its heritage impact, and that should the present LEP heritage listing not apply to all the land appertaining to the Observatory, Council may consider amending the LEP to reflect an appropriate curtilage for the item.
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RESPONSES TO QUESTIONS WITH NOTICE Ordinary Meeting, 3/12/02
ITEM NO: 45
SUBJECT: LAWSON TOWN CENTRE
FILE NO: C05822
Question by Councillor C Gaul (30/07/02):
“1. When can we expect the required LEP for Lawson Town Centre to commence?
2. Is council proposing to prepare a DCP for Lawson Town Centre?
3. Is the heritage assessment for Lawson Town Centre completed?
4. Has DLEP 2002 been returned to Council for exhibition?
5. Given that the proposed Urban Conservation Area for Lawson includes most of Sections One and Two of the highway upgrade through Hazelbrook and Lawson, does the RTA proposed to carry out an EIS?”
Response from Group Manager, City Sustainability:
1. When can we expect the required LEP for Lawson Town Centre to commence?
The LEP will be developed as part of the Town Centre Masterplan Project. Tenders for this project have been sought and reviewed and a separate report about the appointment of a consultant is provided in this Business Paper.
The project is scheduled for completion in March 2003, and will be exhibited as part of the RTA’s Highway Upgrade REF for Section 2.
Subsequent to the RTA plan being approved, the LEP can be formally exhibited in accordance with the requirements of the EP& Act.
2. Is Council proposing to prepare a DCP for Lawson Town Centre?
Detailed design controls and design guidelines for the Lawson Town Centre will also be developed as part of the Town Centre Masterplan Project. It is intended that these controls will be integrated within the framework for the LEP as opposed to a DCP as this gives Council and the community greater certainty in terms of outcomes. This is the same approach taken for the other towns and villages reported to Council.
3. Is the heritage assessment for Lawson Town Centre completed?
No. The relevant study is in its final stages, with completion expected by the end of November or early December 2002. Page 216
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4. Has DLEP 2002 been returned for Council exhibition?
Planning NSW provided Council with a s.65 certificate and the exhibition of DLEP 2002 subsequently commenced on 16 October 2002.
5. Given that the proposed Urban Conservation Area for Lawson includes most of Section One & Two of the highway upgrade through Hazelbrook and Lawson, does the RTA proposed (sic) to carry out and EIS?
The RTA is required to make a determination pursuant to the EP& A Act as to whether or not they are required to undertake an EIS or REF. At this point of time the RTA are still proposing to undertake an REF for the subject project. The ultimate determination will be made upon consideration of a range of matters including environmental and cultural heritage.
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RESPONSES TO QUESTIONS WITH NOTICE (12/11/02) Ordinary Meeting, 3/12/02
ITEM NO: 46
SUBJECT: HERITAGE - LAWSON
FILE NO: C05822
Question by Councillor C Gaul (12/11/02):
“1. Do Council and the RTA have a legitimate reason for not making the Lawson Heritage Study available to the public? If so what are they?
2. Why has the promised report to Council not eventuated and why was it not ready in time to be included in DLEP 2002?
3. Why was the proposed Lawson Conservation Areas as recommended by the National Trust and supported by the Heritage Office not included in the DLEP in 1997 and 2002?”
Response from Group Manager, City Sustainability:
1. Do Council and the RTA have a legitimate reason for not making the Lawson Heritage Study available to the public? If so what are they?
The subject report is not yet complete. Accordingly, there can be no reasonable expectation that the report in its draft form should be made publicly available. When the report is completed, it will be available for Councillors to peruse. It is intended that Councillors will subsequently receive a briefing and a report at the appropriate time.
The appropriate timing for the ultimate release of the completed report must be considered in the context of the purpose for which it was initially commissioned. In this regard, the study was jointly commissioned by both the RTA and Council to inform the development of the Highway Upgrade REF and an amendment to DLEP 2002 respectively.
It should be further indicated that this approach is entirely consistent with both the Councils and RTA’s practice for the release of supporting studies (including heritage studies) associated with all other REF’s as well as DLEP 2002. In this regard, please note that the heritage Study for Section 1 of the Lawson Highway Upgrade was recently made publicly available as part of the REF that commenced exhibited on 25 November 2002 Page 218
RESPONSES TO QUESTIONS WITH NOTICE Item 46 - Ordinary Meeting, 3/12/02
2. Why has the promised report to Council not eventuated and why was it not ready in time to be included in DLEP 2002?
It is not clear as to what ‘the promised report’ refers to, if it is the Heritage Study then please be advised that at the time of engaging the relevant consultant, it was not envisaged that the heritage study would be completed in time for inclusion in DLEP 2002. Rather, it had been intended that items identified by the study would be included as an amendment to DLEP 2002, together with the additional items identified in other towns and villages. This process was identified and endorsed as part of a previous report to Council.
3. Why was the proposed Lawson Conservation Areas as recommended by the National Trust and supported by the Heritage Office not included in the DLEP in 1997 and 2002?
Our records indicate that the NSW Heritage Office have not endorsed the listing to date.
The listing by the Nation Trust places no obligation upon the Council or the NSW Heritage Office to make similar listings.
Council has only resolved to receive a report on including the National Trust Conservation Area within DLEP 2002, as recently as 25/6/02. Accordingly, this timeframe has not allowed the appropriate investigations to occur that are a necessary prerequisite to potential inclusion within DLEP 2002.
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RESPONSES TO QUESTIONS WITH NOTICE Ordinary Meeting, 3/12/02
ITEM NO: 47
SUBJECT: NOTIFICATION OF DEVELOPMENT APPLICATIONS
FILE NO: C00134
Question by Councillor H Kozelj (24/09/02):
“1. What is the Council policy regarding notification of neighbours at lodgement of any DA/BA application?
2. Does Council inform the residents/owners affected by any DA/BA that they can involve Councillors in the process from the first notification they receive?
3. If the residents/owners are not notified of all options regarding the process why not?”
Response from Group Manager, Environmental & Customer Services:
Council’s procedures regarding notification of land use applications, including development applications, are contained in Development Control Plan No 35 – Community Consultation for Land Use Management and Manual of Procedures. These procedures reflect and expand on the minimum consultation requirements specified by the Environmental Planning & Assessment Act.
Under the provisions of DCP 35, applications for local development, not being advertised development, are generally notified to adjoining property owners where, in the opinion of Council officers, there is the potential to impact upon the enjoyment of the adjoining property. In forming an opinion on whether a proposed development is likely to impact upon the enjoyment of the adjoining property, DCP 35 requires Council officers to consider the following matters:
S Views to and from the subject land; S Overshadowing; S Privacy; S Noise; S The quality and character of the adjoining streetscape; and S Light spillage.
There is additional notification and advertising requirements for the exhibition of applications for advertised and designated development under both the Act and DCP 35.
The information contained in the notification letters forwarded to residents and property owners, and in advertisements placed in newspapers, is also specified under the Environmental Planning & Assessment Act and is incorporated in DCP 35. In the case of a written notice the information includes: Page 220
RESPONSES TO QUESTIONS WITH NOTICE Item 47 - Ordinary Meeting, 3/12/02
S Details of the land to be developed; S A description of the proposed development; S Advice of where and when the application may be inspected; S A statement that a person may make a written submission in respect of the proposal and a reference number to quote in reply; and S The dates in which the submission made be made
A reduced copy of the plans of the proposed development is also generally included in relation to an application involving building works.
The notice does not include advice in relation to making representations to Councillors or other agencies e.g. State Government, Local Members of Parliament etc. To refer adjoining property owners directly to Councillors or other agencies could give the perception that assessment of an application has been unduly influenced and has not been based entirely on the merits of the proposal.
The purpose of the community consultation process is essentially to fulfil Council’s statutory requirements under the Environmental Planning & Assessment Act and to ensure the views of those persons who own land likely to be affected by a development are taken into consideration by Council in assessment of that application.
Following the debate at the Council Meeting on 12 November 2002 in relation to Item 14 of the Business Paper concerning Council’s existing Community Consultation Policy, further consideration has been given to the issues raised.
Discussions are presently being held with the purchaser (City Sustainability) regarding funding for the additional costs associated with the use of Certified Mail for notification letters, which is estimated to be approximately $19,000 per year. Should funding be unavailable at this time, investigations will be undertaken into obtaining funding as part of the 2003-2004 budget process.
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RESPONSES TO QUESTIONS WITH NOTICE Ordinary Meeting, 3/12/02
ITEM NO: 48
SUBJECT: DEVELOPMENT APPLICATION - NO. 1 GLENBROOK ROAD, GLENBROOK
FILE NO: X02/0760
Question by Councillor M Greenhill (12/11/02):
“1. What process of assessment was made in relation to the decision to place the DA for No.1 Glenbrook Road, Glenbrook under Delegated Authority?
2. Was there any residential opposition? If so how many representations were received?”
Response from Group Manager, Environmental & Customer Services:
The process of assessment for the “decision to place the DA… under Delegated Authority” is set out in Council’s delegations to the General Manager and the subsequent delegation to staff. This application did not fall within the exceptions to those delegations. Briefly, the exceptions relate to the value of the proposed development works, whether the proposal involves Council land, whether 2 or more Councillors request that the matter be referred to Council or whether in the opinion of the Mayor and General Manager, the application is one of major public interest or controversy.
None of these circumstances applied.
The application was notified to adjoining and opposite neighbours in Glenbrook Road, King Street and Moore Road and advertised in the local paper. One (1) submission was received from one of the neighbours in Glenbrook Road. The submission raised concerns about kerb and guttering, fencing and construction of Kingmore Lane.
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RESPONSES TO QUESTIONS WITH NOTICE Ordinary Meeting, 3/12/02
ITEM NO: 49
SUBJECT: TRAFFIC CONDITIONS - LUCASVILLE ROAD AND MOUNT STREET, GLENBROOK
FILE NO: C00042
Question by Councillor M Greenhill (12/11/02):
“What progress has been made following the public meeting on Lucasville Road some months ago about traffic conditions at the juncture of Lucasville Road and Mount Street?”
Response from Group Manager City Solutions:
The intersection of Lucasville Rd and Mount St Glenbrook was reconstructed under the 2001/2 capital works program. Following representations from Councillor Greenhill, a meeting was held on site on 15th June 2002 with interested residents and Council officers to discuss their concerns relating to the project.
The issues raised related to the intersection configuration and traffic movements, stormwater drainage, footpaths and street lighting.
The intersection design conforms to the Australian Standard and other relevant road standards, and formalised the priority of the through traffic along the Lucasville / Mount arm of the intersection. The residents expressed concerns over safety perceptions for east bound vehicles waiting to turn and headlights affecting west bound vehicles waiting at the hold line. These concerns have been reviewed against standards, “settled in” traffic behaviour and the potential for further works, and it is considered that the intersection is satisfactory as constructed.
With regard to the stormwater, the discharge from the headwall for the piped drainage constructed for the intersection has affected the surface flow regime in the area, and some works could reasonably be considered. These works would likely involve extension of the piping and new kerb and gutter. Details of this are being developed along with other potential stormwater projects across the city for consideration in capital works programs. A framework for determining the merit and priority of such projects is currently being developed.
The footpath in the eastern arm of Lucasville is currently grassed and is moderately steep. Pedestrians with prams/strollers advised they previously used the road pavement for easier use, which is now impacted by the traffic island used to bring west bound traffic square to the line of through vehicle travel. It is agreed that constructing a path would alleviate this, but again this is being considered along with competing projects and the framework for decision making on requests for new infrastructure across the city.
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RESPONSES TO QUESTIONS WITH NOTICE Item 49 - Ordinary Meeting, 3/12/02
The street lighting of the intersection has been inspected and found to have a functioning 80W lantern. This is considered adequate illumination for drivers to make appropriate traffic decisions, and meets the standard for pedestrian way finding used for the lighting network.
At this stage further discussions with or advice to the residents who attended the meeting has not occurred.
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RESPONSES TO QUESTIONS WITH NOTICE Ordinary Meeting, 3/12/02
ITEM NO: 50
SUBJECT: ABORIGINAL FLAG
FILE NO:
Question by Councillor C Gaul (12/11/02):
“When is the Aboriginal Flag going to be installed as resolved by Council?”
Response from Group Manager, City Solutions:
The Aboriginal Flag was installed 13 November 2002. It is to be noted, that this is a temporary arrangement for the flags’ display. Installation on building roof is still being investigated.