MAITLAND CITY COUNCIL
ORDINARY MEETING AGENDA
24 JANUARY, 2006
ORDINARY MEETING AGENDA 24 JANUARY, 2006
TABLE OF CONTENTS
ITEM SUBJECT PAGE NO
1 INVOCATION...... 1
2 APOLOGIES ...... 1
3 DECLARATIONS OF PECUNIARY INTEREST ...... 1
4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING...... 1
5 BUSINESS ARISING FROM MINUTES...... 1
6 MAYORAL MINUTE...... 1
7 PUBLIC ACCESS ...... 1
8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS ...... 1
9 OFFICERS REPORTS ...... 2
9.1 GENERAL MANAGER...... 2
9.1.1 2006 MISS MAITLAND SHOWGIRL COMPETITION SPONSORSHIP ...... 2
9.1.2 STARSTRUCK SPONSORSHIP 2006 ...... 4
9.1.3 WINE HUNTER ...... 6
9.2 SERVICE PLANNING AND REGULATION...... 9
9.2.1 SECTION 96 MODIFICATION: DA 00-1290 PROPOSED RETIREMENT VILLAGE LOT 38, DP 1002235, NO. 276 CESSNOCK ROAD, GILLIESTON HEIGHTS RECOMMENDATION: APPROVAL ...... 9
9.2.2 DA05-3407 ADDITIONS TO EXISTING AGED CARE FACILITY (29 BEDS) LOT 1 AND 2 997919 30 REGENT STREET, MAITLAND. RECOMMENDATION: REFUSAL ...... 35
9.2.3 DA 04-2863 SUBDIVISION OF ONE (1) LOT INTO TWO (2) LOTS LOT 80 DP 1056433 4 BERRINDA CLOSE BOLWARRA HEIGHTS RECOMMENDATION: APPROVAL ....125
9.2.4 DA 04-3067 SUBDIVISION OF ONE (1) LOT INTO TWO (2) LOTS LOT 97 DP 1056433 7 LINWOOD CLOSE BOLWARRA HEIGHTS RECOMMENDATION: APPROVAL...... 148
Page (i) ORDINARY MEETING AGENDA 24 JANUARY, 2006
9.2.5 DA 05-357 NINETY TWO LOT TORRENS TITLE SUBDIVISION LOT 102, DP 1065984, MT VINCENT, ROAD EAST MAITLAND RECOMMENDATION: APPROVAL ...... 165
9.2.6 05-3591- ERECTION OF DWELLING (DWELLING ENTITLEMENT) LOT 2 DP242340, 1065 LUSKINTYRE ROAD LAMBS VALLEY. RECOMMENDATION: REFUSAL .....194
9.2.7 DA 05-3126 PROPOSED SERVICE STATION - LOT 1 DP 746376, 48 DENMAN STREET, MAITLAND RECOMMENDATION: APPROVAL ...... 209
9.2.8 DA 04-967 AND RZ 04012 LOT 1 DP 18562 AND LOT B DP 100440 BELMORE ROAD LORN PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 AND ERECTION OF SINGLE STOREY DWELLING...... 267
9.2.9 AMENDMENTS TO 1995 SECTION 94 PLAN ...... 295
9.2.10 CITY WIDE DEVELOPMENT CONTROL PLAN ...... 297
9.2.11 AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN - THORNTON NORTH URBAN RELEASE AREA ...... 299
9.2.12 SUBURB NAME - ABERGLASSLYN URBAN RELEASE AREA...... 383
9.2.13 MT VINCENT RD WASTE DEPOT - ENVIRNMENTAL PROTECTION LICENCE ANNUAL RETURN ...... 390
9.3 FINANCE AND ADMINISTRATION...... 392
9.3.1 STATEMENT OF INVESTMENTS AS AT 31 DECEMBER 2005 ...... 392
10 ITEMS FOR INFORMATION...... 395
10.1 STATUS REPORT ON CONSTRUCTION WORKS ...... 395
10.2 CORRESPONDENCE ANALYSIS...... 402
10.3 MONTHLY FINANCIAL REPORT - DECEMBER 2005 ...... 404
10.4 COUNCILLOR MOTIONS...... 407
10.5 COUNCIL’S HOMEPAGE STATISTICS ...... 411
10.6 GREENING PLAN COMMUNITY PARTNERSHIPS...... 412
10.7 KEY PERFORMANCE INDICATORS – DECEMBER 2005...... 418
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10.8 LOCAL GOVERNMENT AND SHIRES ASSOCIATION OF NSW & THE REVISED NATIONAL PACKAGING COVENANT ...... 431
10.9 NSW COMMEMORATIVE PLAQUES PROGRAM...... 435
11 NOTICE OF MOTION/RESCISSION...... 445
11.1 CLEAN-UP - MAITLAND NOTICE OF MOTION SUBMITTED BY CLR BOB GEOGHEGAN...... 445
11.2 SECTION 356 DONATIONS POLICY NOTICE OF MOTION SUBMITTED BY CLR WENDY WHITE ...... 447
12 QUESTIONS WITHOUT NOTICE ...... 448
13 URGENT BUSINESS ...... 448
14 COMMITTEE OF THE WHOLE...... 449
14.1 PLANT REPLACEMENT ...... 449
15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE ...450
16 CLOSURE...... 450
Page (iii) ORDINARY MEETING AGENDA 24 JANUARY, 2006
PRESENT
1 INVOCATION
2 APOLOGIES
3 DECLARATIONS OF PECUNIARY INTEREST
4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING
• The minutes of the Ordinary Meeting of Council held 13 December 2005 be confirmed.
5 BUSINESS ARISING FROM MINUTES
6 MAYORAL MINUTE
7 PUBLIC ACCESS
8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS
Page 1 ORDINARY MEETING AGENDA 24 JANUARY, 2006
9 OFFICERS REPORTS
9.1 GENERAL MANAGER
9.1.1 2006 MISS MAITLAND SHOWGIRL COMPETITION SPONSORSHIP
File No: 111/2
Responsible Officer: David Evans General Manager
Author: Roger Stephan Executive Manager Economic Development and Marketing
EXECUTIVE SUMMARY The purpose of this report is to inform Council of proposed sponsorship of the 2006 Miss Maitland Showgirl Competition.
OFFICER'S RECOMMENDATION THAT:
Maitland City Council provide $3,000 plus GST from within current budgetary allocations to the Maitland Show Society to assist in the conduct of the 2006 Miss Maitland Showgirl Competition
REPORT The Miss Maitland Showgirl Competition is a long established tradition in the Maitland area and provides young local women with the opportunity to enhance both their individual life opportunities and their potential contribution to our community and its residents.
In previous years the Miss Maitland Showgirl Competition has benefited from Maitland City Council’s support in a variety of ways including, most recently, section 356 contribution. The Society’s request for support this year amounts to $3,000 plus GST to address total competition costs of $10,664.
For 2006 it has been considered appropriate to treat the Miss Maitland Showgirl Competition as a promotional and marketing opportunity for the Council and City and, in those terms, to source its requested support from within existing marketing and public relations allocations. Funds are available within these allocations for this purpose.
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MISS MAITLAND SHOWGIRL SPONSORSHIP (Cont.) CONCLUSION
The Miss Maitland Showgirl Competition is a significant opportunity for many aspiring young residents to develop their communication skills and self-confidence and their capacity to contribute on a range of levels to the development of our City. Support for the proposed 2006 sponsorship is therefore strongly recommended.
FINANCIAL IMPLICATIONS As detailed in the report. Support beyond 2006 will be subject to discussions with the Maitland Show Society and, if appropriate, further report to Council.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
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9.1.2 STARSTRUCK SPONSORSHIP 2006
File No: 10/5
Responsible Officer: David Evans General Manager
Author: Roger Stephan Executive Manager Economic Development and Marketing
EXECUTIVE SUMMARY Council for a number of years supported ‘Starstruck’ as a minor sponsor and in 2005 sponsored the event on a one-off basis as segment sponsor. The ‘Starstruck’ show, produced by the Arts Unit of the NSW Department of Education and Training, is widely supported across the Hunter and Central Coast area and is presented annually at the Newcastle Entertainment Centre. This report invites Council to undertake “Segment” sponsorship of the event on a recurrent basis in future years.
OFFICER’S RECOMMENDATION THAT:
1. An amount of $7,700 (including GST) be allocated from Council’s 2005 / 2006 Marketing allocation to fund sponsorship of the Starstruck event to be held in June 2006
2. Maitland City Council commit to long term segment sponsorship to the Starstruck event
3. A report be provided to Council on progress of the event and any proposed changes to sponsorship arrangements
REPORT Maitland City Council has for a number of years supported the annual NSW DET ‘Starstruck’ show as a minor and most recently segment sponsor. Starstruck – presented at the Newcastle Entertainment Centre – comprises three hours of live music, dance, movement and drama and involves upwards of 3,300 students from primary and high schools across the Hunter and Central Coast areas. The show is also screened two times per year by NBN Television to a possible audience of over 650,000 people and attracts a total audience of up to 18,000 people over four sessions.
Starstruck is widely promoted thanks to the assistance of media sponsors that include NBN Television, Radio KO-FM and the Newcastle Herald. Promotional
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STARSTRUCK SPONSORSHIP 2006 (Cont.) advertising runs from March to June on NBN, April to June on KO-FM and April for the Newcastle Herald, with a special supplement in the Herald in June. Sponsors are acknowledged in promotional advertising, the ‘Starstruck’ program and by signage on the night of the performances. Segment sponsors are also announced at the performances prior to the nominated segment, and receive a one-quarter page advertisement in the show program.
A number of Hunter Councils have seen the promotional and community benefits of segment sponsorship in facilitating the participation of local students in what is truly a one-off learning and personal development experience. Sponsorship also demonstrates the council’s commitment not only to youth but to cultural development and cultural activity in broader terms. This commitment is of course acknowledged and promoted through the related media coverage and sponsor acknowledgement, which accompanies this annual event.
As a result of a December 2004 resolution of Council, Maitland City increased its support of the event from a recurrent $1,200 + GST contribution to a one-off $7,000 + GST segment sponsorship. It is the purpose of this report to seek institution of a recurrent segment sponsorship commitment and for inclusion of this sponsorship in future Draft Management Plans of Council.
FINANCIAL IMPLICATIONS Council funded segment sponsorship of Starstruck 2005 by accessing funds from its public relations and marketing votes. It is the proposal of this report that specific Starstruck allocation be included for consideration in future Draft Management Plans of Council.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
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9.1.3 WINE HUNTER
File No: 10/5
Responsible Officer: David Evans General Manager
Author: Roger Stephan Executive Manager Economic Development and Marketing
EXECUTIVE SUMMARY The purpose of this report is to inform Council of a request from Wine Hunter Marketing – a committee of Cessnock City Council - for sponsorship of its activities over a three year period at $30,000 per annum and to recommend that the sponsorship not be approved.
OFFICER’S RECOMMENDATION THAT:
1. Maitland City Council not provide the requested three year sponsorship of Wine Hunter Marketing
2. The Executive Manager Economic Development and Marketing be authorised to undertake discussions on potential co-operative marketing opportunities utilising resources from within current budgetary allocations
REPORT Wine Hunter Marketing, a committee of Cessnock City Council, was formed in 2005 for the purpose of better branding, positioning Hunter Wines and to (re)establish “perceptions of The Hunter as an iconic winemaking region”.
While not yet fully detailed, the intent of Hunter Wine Marketing is to focus on four main strategy areas:
1. Trade initiatives to alter perceptions of Hunter wines held by liquor store owners, chains and wholesale merchants so that the market is more accessible for Hunter wine companies
2. Alteration of perceptions held by restaurateurs and sommeliers as to the quality of Hunter wines
3. Development of meaningful relationships with wine and lifestyle media in regard to Hunter wine
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WINE HUNTER (Cont.) 4. Development of strategies including advertising strategies to sell the Wine Hunter brand to consumers.
Hunter Wine Marketing is in the process of seeking government and corporate support for the implementation of its programs. Cessnock City Council and Singleton Council have provided seed funding ($50,000 and $20,000 respectively) and are considering further commitment based on initial outcomes achieved.
Maitland City Council has been asked to provide $20,000 per annum over a three year period to support its local wine industry and the broader regional strategy.
Should it be funded?
There is no doubt that, in contrast to areas such as Margaret River and the Yarra Valley, the Hunter wine industry has in the past been reluctant to devote time and energy to the development and marketing of an overall “brand” for its product. This failure at least in part has contributed to a perceived loss of market share and – just as importantly – to a growing belief that because of this lack of identity consumers and critics do not believe the Hunter to be a premium wine producing area.
The short answer to the question “Should it be funded?” is therefore probably yes.
The issue for Maitland, however, is that we are not a substantial wine producing area. We have two winemakers that produce award winning wines and have expanding markets, but they are boutique producers whose product is not generally available in bottle shops. The focus of Hunter Wine Marketing will – perhaps inevitably – be on high profile, volume selling producers that our area does not possess and is not likely to possess. This situation contrasts markedly with the Cessnock and Singleton LGAs which have a large number of producers many of whom are distributed nationally through multiple outlets.
On this basis and taking into account the amount requested it is recommended that the Hunter Wine Marketing sponsorship request be declined. There may, however, be opportunities for co-operative strategy from within current allocations. It is therefore suggested that this latter approach be identified as a possibility and pursued wherever possible.
CONCLUSION
There is no doubt that the wine industry is critical to the economy prosperity of the Hunter Region. Co-operative input from Maitland City Council on targeted strategies will be of assistance to broad regional strategy and is recommended.
FINANCIAL IMPLICATIONS The Wine Hunter Marketing request for $20,000 per annum over a three year period cannot be accommodated from within current budgets and would require additional
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WINE HUNTER (Cont.) funding allocation. The approach suggested above is possible within current budgets and is recommended.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
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9.2 SERVICE PLANNING AND REGULATION
9.2.1 SECTION 96 MODIFICATION: DA 00-1290 PROPOSED RETIREMENT VILLAGE LOT 38, DP 1002235, NO. 276 CESSNOCK ROAD, GILLIESTON HEIGHTS RECOMMENDATION: APPROVAL
File No: 00-1290 Attachments Locality Plan Development Plans
Responsible Officer: David Simm Manager - Development and Environment Author: Shannon Sullivan Town Planner Applicant: Tattersall Surveyors Pty Ltd Proposal: Retirement Village Location: 276 Cessnock Road Gillieston Heights Zone: 2(a) Residential
EXECUTIVE SUMMARY Development consent is sought from Council for a Retirement Village at 276 Cessnock Road Gillieston Heights. The subject land is zoned 2(a) Residential under Maitland Local Environmental Plan, 1993.
Housing for Aged or Disabled Persons is a permissible form of development in the 2(a) Residential Zone with Council consent and is consistent with the objectives of the zone.
While no submissions were received in response to the notification procedure, an application under Section 96 of the Environmental Planning and Assessment Act 1979, to modify Development Consent 00-1290 requires determination by Council.
This development has been assessed under the relevant heads of consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended and the specific provisions of State Environmental Planning Policy (Seniors Living) 2004 and is considered to be satisfactory.
OFFICER'S RECOMMENDATION THAT:
The Section 96 Modification of DA 00-1290 for a Retirement Village on Lot 38, DP 1002235, No. 276 Cessnock Road, Gillieston Heights be approved, subject to the conditions of consent set out in the attached schedule.
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00-1290 Retirement Village 38 1002235 276 Cessnock Road Gillieston Heights (Cont) REPORT The scope of this report is to determine an application to modify Development Consent 00-1290, approved at a Meeting of Council 28 November 2000, for the construction of a Retirement Village upon Lot 38, DP 1002235, Cessnock Road, Gillieston Heights. In determining the application Council is requested to consider amending both the conditions of consent and the supporting architectural plans as proposed. The report will outline the impacts of the proposed development upon the existing site, and surrounding sites, and the legislative considerations in determining the application.
INTRODUCTION The subject site, being Lot 38, DP 1002235, is located upon Cessnock Road, Gillieston Heights. The parcel forms an irregular shape and is on the western side of Cessnock Road, forming part of the Alexander Point Subdivision.
BACKGROUND The subject site was zoned 2(a) Residential as part of the Maitland Local Environmental Plan 1993. The parent parcel, being Lot 8 DP 8672, was subdivided in accordance with Development Consent 93-484 – Subdivision of 39 Lots, with the subject site forming Lot 38 of this subdivision.
A Development Application (DA 00-1290) was lodged with Council on 25 July 2000 for the construction of a Retirement Village, and associated works, upon the site. The Retirement Village consists of 49 two bedroom dwellings, a community centre, internal roads and visitor parking, and open space areas. The application was approved at a Meeting of Council on 28 November 2000. Physical commencement has been substantiated in regard to the development and as such the Development Consent remains active upon the site.
PROPOSAL The proposal is to modify the original Development Consent, in accordance with Section 96 of the Environmental Planning and Assessment Act, 1979. The modifications include: reducing the number of dwellings from 48 to 45; reconfigured internal road network; increased open space; and the modified design is consistent with SEPP (Seniors Living) 2004. Further, with the submission of additional information with the modified plan, the applicant has satisfied a number of conditions of consent of the current approval.
The proposal is for the construction of 45 self contained-dwellings (as defined by the SEPP), a community centre, internal road network, drainage works, open space areas, landscaping and substantial retaining structures to both the northern and southern boundaries. Each dwelling includes two bedrooms, lounge, kitchen, bathroom, ensuite, laundry, private open space and a single lock-up garage with internal access. The internal layout of the dwellings is consistent with the requirements identified within the SEPP and the BCA.
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00-1290 Retirement Village 38 1002235 276 Cessnock Road Gillieston Heights (Cont) The day-to-day management of the facility will be consistent with the original application, including maintenance of landscaping and internal facilities, waste management and the operation of the community centre.
PLANNING ASSESSMENT The proposal has been assessed under the relevant matters for consideration detailed in Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as follows:
Section 79C(1)(a)(i) provisions of any environmental planning instrument
Local Environmental Plan The subject land is zoned 2(a) Residential under Maitland Local Environmental Plan 1993. The proposed development is defined under the LEP as “Housing for Aged or Disabled Persons” which is a permissible land use in the 2(a) Residential zone with Council consent. The proposal is considered to be consistent with the zone objectives, as follows.
2(a) Residential Zone a) To provide for housing and associated facilities in locations of high amenity and accessibility. b) To enable development for purposes other than residential only if it is compatible with the character of the living area and has a domestic scale and character. c) To ensure that development does not create unreasonable demands, in the present or in the future, for the provision or extension of public amenities or services.
Regional Environmental Plan The proposed development is consistent with the Hunter Regional Environmental Plan in that it provides for residential housing to meet anticipated growth in an orderly and efficient manner.
State Environmental Planning Policies The original application was assessed in accordance with State Environmental Planning Policy No.5. Since the application has been approved SEPP No.5 has been repealed and a new SEPP gazetted, SEPP (Seniors Living) 2004, to establish design parameters for new housing for aged or disabled persons.
State Environmental Planning Policy (Seniors Living) 2004 The proposed development is consistent with the aims of the policy, as follows. (1) This Policy aims to encourage the provision of housing (including residential care facilities) that will: (a) increase the supply and diversity of residences that meet the needs of seniors or people with a disability, and (b) make efficient use of existing infrastructure and services, and (c) be of good design.
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00-1290 Retirement Village 38 1002235 276 Cessnock Road Gillieston Heights (Cont) (2) These aims will be achieved by: (a) setting aside local planning controls that would prevent the development of housing for seniors or people with a disability that meets the development criteria and standards specified in this Policy, and (b) setting out design principles that should be followed to achieve built form that responds to the characteristics of its site and form, and (c) ensuring that applicants provide support services for seniors or people with a disability for developments on land adjoining land zoned primarily for urban purposes.
The proposed development is comprised of 45 dwellings defined as a self-contained dwelling, being a dwelling or part of a building (other than a hostel), whether attached to another dwelling or not, housing seniors or people with a disability, where private facilities for significant cooking, sleeping and washing are included in the dwelling or part of the building, but where clothes washing facilities or other facilities for use in connection with the dwelling or part of the building may be provided on a shared basis.
The subject site is currently zoned 2(a) Residential, with the zoning considered to be for an urban purpose, and within which a dwelling-house is a permissible use. Therefore the subject site meets the criteria contained within Clause 4, and as such Council may consider and determine the application.
The proposed development satisfies Clause 25 which outlines the location and access to facilities that need to be satisfied in order to be considered appropriate for such form of housing, which states: (1) A consent authority must not consent to a development application made pursuant to this Chapter unless the consent authority is satisfied, by written evidence, that residents of the proposed development will have access that complies with subclause (2) to: (a) shops, banks and other retail and commercial services that residents may reasonably require, and (b) community services and recreation facilities, and (c) the practice of a general medical practitioner. (2) Access complies with this clause if: (c) in the case of a proposed development on land in a local government area that is not within the Sydney Statistical Division—there is a transport service available to the residents who will occupy the proposed development: (i) that is located at a distance of not more than 400 metres from the site of the proposed development, and (ii) that will take those residents to a place that is located at a distance of not more than 400 metres from the relevant facilities or services, and (iii) that is available both to and from the proposed development during daylight hours at least once each day from Monday to Friday (both days inclusive).
The proposed development has addressed the Design Principles outlined within Clause 38 of the SEPP, including amenity, streetscape, privacy, solar access, safety Page 12 ORDINARY MEETING AGENDA 24 JANUARY, 2006
00-1290 Retirement Village 38 1002235 276 Cessnock Road Gillieston Heights (Cont) by design, accessibility and waste management. The subject site is of appropriate size and frontage, with the proposed development being single storey in height. Clause 81 identifies standards concerning access and useability, with the development applying such standards within the proposed Retirement Village. As such, Council cannot refuse the application based upon the grounds of height, density and scale, landscaping, deep soil zones, solar access, private open space, the provision of visitor parking or private car parking.
Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition Not Relevant Section 79C(1)(a)(iii) any development control plan Not Relevant Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph) Not Relevant Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality
The subject site has a natural slope from the southern boundary to the drainage reserve on the northern side of the parcel. The slope is steeper than that which is allowed in accordance with access requirements for the SEPP, and as such the site will be modified and incorporates retaining structures to both the northern and southern boundaries. The retaining wall to the southern boundary will retain the upper slope area of the adjacent block and is a maximum height of approximately 2.3 metres. The retaining wall to the northern boundary retains substantial fill within the site and is a maximum height of 3.3 metres. The retaining wall to the northern boundary will be exposed to Cessnock Road and the adjacent parcels within the Alexander Point subdivision. As detailed within the attached plans, the retaining wall will provide a high quality finish and the adjoining area within the reserve will be landscaped to screen the appearance of the wall from the adjacent public space.
The development is residential in its appearance, nature and use. While the proposed density of the development is higher than the surrounding residential area, it is typical of a retirement village development and is acceptable in accordance with the requirements of the relevant SEPP. Adequate access is provided to the site from Ryans Road to an internal road network within the site that provides direct vehicle access to each unit within the development. Stormwater captured within the development will be managed and drained to the adjacent drainage reserve in accordance with the Drainage Plans as submitted.
Section 79C(1)(c) the suitability of the site for the development The subject site is zoned for residential use in accordance with the LEP. The site is provided with all forms of public utilities, transport services and local convenience
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00-1290 Retirement Village 38 1002235 276 Cessnock Road Gillieston Heights (Cont) services within walking distance of the site. Further, within the vicinity of the site Council are currently considering the future land use of the area identified as part of the Gillieston Height rezoning application. The proposed development will be consistent with adjacent existing residential dwellings and any future low density residential development within the vicinity of the site. The site is subject to potential bushfire threat, with the application incorporating mitigating design solutions to minimise the impact of bushfire. The source of the bushfire threat is the adjacent area that is currently subject to an application for rezoning.
Section 79C(1)(d) any submissions made in accordance with this act or the regulations
Public Submissions The development application and accompanying information were placed on public exhibition for a period of 14 days from 07 July 2005 to 21 July 2005. As a result of the notification process, no submissions were received.
Submissions from public authorities The application was not referred to any public authorities for comment. As the determination of original DA predates the Rural Fires Act Regulations the Rural Fire Service cannot issue a 100B Authorisation for the Section 96 Modification.
Section 79C(1)(e) the public interest The proposed development seeks to provide housing for older people and people with a disability in a location of reasonable accessibility within an established residential area that maximises the use of existing services and amenities. Therefore the construction and ongoing function of a Retirement Village upon the subject site is considered to be in the public interest.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS Statutory implications relating to assessment of the subject application have been addressed in the body of the report.
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00-1290 Retirement Village 38 1002235 276 Cessnock Road Gillieston Heights (Cont) CONCLUSION An assessment of the application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as amended. The proposed development is considered satisfactory in terms of the relevant matters for consideration under the Act and the development application is recommended for approval.
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00-1290 Retirement Village 38 1002235 276 Cessnock Road Gillieston Heights (Cont)
SCHEDULE OF CONDITIONS The following Schedule of Conditions below apply in lieu of the conditions specified in the original Notice of Determination.
COMPLIANCE Reason: The following condition(s) have been applied to confirm and clarify the terms of Council’s Approval.
1 The proposed development is to be carried out strictly in accordance with the plans and documentation submitted with the application and any amendments to those plans arising through conditions to this consent.
LANDSCAPING Reason: The following condition(s) have been applied to ensure that adequate provision is made for the landscaping of the site in association with the proposed development, to enhance the external appearance of the development, and to ensure that existing and proposed landscaped areas are appropriately maintained.
2 The landscaped area of the development is to be maintained at all times in accordance with the approved landscape plans.
CARPARKING Reason: The following condition(s) have been applied to ensure the provision of adequate parking facilities constructed to a suitable standard commensurate with the demand likely to be generated by the proposed development.
3 All parking and loading/unloading bays, truck docks, driveways and turning areas are to be maintained clear of obstructions and under no circumstances are to be used for the storage of goods or waste materials.
4 All parking and loading bays shall be permanently marked out on the pavement surface, with loading bays being clearly indicated by means of appropriate signage.
TRAFFIC/ROADS/FOOTPATH Reason: The following condition(s) have been applied to ensure that the surrounding road systems, footpaths, access/egress and internal parking and manoeuvring areas are designed and constructed to a standard adequate to service the proposed development.
5 Kerb and gutter and road shoulder construction, including all necessary stormwater drainage facilities is to be constructed over the full Ryans
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00-1290 Retirement Village 38 1002235 276 Cessnock Road Gillieston Heights (Cont) Road frontage of the development. Construction is to consist of geotechnically designed pavement and two coat bitumen seal. 6 A sub surface investigation is to be carried out as detailed in the Australian Road Research Board Special Report No.41 in order to determine the subgrade Californian Bearing Ratio to AS 1289 E1.1and the road pavement depths are to be determined by the method detailed in that report.
7 Samples of all road pavement materials intended to be used, are to be tested in accordance with the requirements detailed in Chapter 7 of the Department of Housing Construction Specification, 1989 edition.
8 Sampling and testing the compaction of the road subgrades and pavements as detailed in Chapter 4 and 7 of the Department of Housing Construction Specification are to be carried out when directed by Council.
9 All sampling and testing of road subgrades and pavements (with the exception of proof rolling) is to be carried out by a registered N.A.T.A. laboratory and copies of all geotechnical test reports are to be submitted to Council. Council will not be responsible for the cost of any such sampling and testing.
10 Concrete kerb laybacks are to be constructed in accordance with Council's Standard Drawing SD50. Laybacks to commercial and industrial premises are to be doubly reinforced with two layers of F62 mesh. The minimum thickness of such laybacks shall be 150mm. The top layer of reinforcement shall have 25mm clear cover to the top. The bottom layer of reinforcement shall have 50mm clear cover to the bottom.
11 Vehicular footpath crossings shall be constructed as full width concrete slabs in accordance with the design criteria contained in Maitland City Council Standard Drawings SD77 and SD78. Concrete shall be 150mm thick and doubly reinforced with two layers of F62 mesh. The top layer of reinforcement shall have 25mm clear cover to the top. The bottom layer shall have 50mm clear cover to the bottom. Only ready mixed concrete of 28 day compressive strength not less than 20Mpa shall be used. Finish shall be broom finished plain concrete only, unless some other finish has been specified in the Development Application.
12 Barricades and lights are to enclose the whole of the vehicular crossing work area, and are to be maintained for the duration of the work.
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00-1290 Retirement Village 38 1002235 276 Cessnock Road Gillieston Heights (Cont) Adjacent footpath areas are to be kept clear of debris etc. at all times and in a safe condition for pedestrian access.
13 Where concrete has been poured, the works shall be closed to traffic for seven days after the pour. After completion of works, and removal of formwork, the adjacent footpath shall be trimmed or filled along the edges of the works to an even grade of 1(V) to 4(H). concrete surfaces shall be finished with a coving flat, and all edges and dummy joints finished with a 75mm edging tool. The kerb layout and footpath crossing slab shall not be integral, but be separated by a full depth bitumen impregnated joint filling strip. For a vehicular crossing, a dummy joint shall be tooled parallel with the kerb line and 1,500mm from the property boundary.
14 Provision of a combined entry and exit driveway at least eight (8) metres wide.
15 Entry and exit points are to be clearly marked or signposted.
16 Concrete footpaving 1.2m wide is to be constructed within the footpath over the Ryans Road frontage of the development.
17 No vehicular access is permissible to/from the development from Cessnock Road.
18 The applicant apply to Council's Local Traffic Committee for the installation of a 50 kph speed zone over the development frontage to Ryans Road - the applicant being responsible for all costs.
19 Noise mitigation measures be undertaken along the common boundary with Cessnock Road in accordance with RTA and EPA requirements.
20 The paved thresholds on the internal road network be constructed flush with the surrounding road/pedestrian pavement areas.
21 Landscaping within the development and at the entrance location not to obstruct sight distance for motorists or pedestrians.
22 Signposting to define the entry/exit traffic movements and one way internal movement be installed.
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00-1290 Retirement Village 38 1002235 276 Cessnock Road Gillieston Heights (Cont)
23 The applicant is to provide street lighting for the internal road network within the proposed development to Council requirements and also over the Ryans Road frontage of the development.
24 All internal parking bays are to be constructed to Australian Standard requirements for disabled parking.
25 The internal road system is to be designed to cater for the swept path of an 11.0 metre large rigid truck. A turning area for this vehicle is to be provided in the vicinity of proposed units 42B and 30A. Details are to be submitted to Council.
UTILITY SERVICES Reason: The following condition(s) have been applied to ensure that adequate utility installations are provided to the site to serve the development and to satisfy the requirements of the various servicing authorities.
26 Consultation and compliance with the requirements of the following authorities: (i) Energy Australia (ii) Telstra (in particular, their requirements for Pre Provisioning Confirmation prior to commencement of construction work)
27 A Certificate under Section 50 of the Hunter Water Corporatisation Act, 1991, shall be obtained prior to the issue of a Construction Certificate. Applications for Section 50 Certificates are to be made direct to the Hunter Water Corporation.
SITE CONSIDERATIONS Reason: The objectives of the following conditions is to provide for a safe and healthy environment for the occupants of the allotment and to maintain an adequate level of safety and cleanliness for the local environment.
28 All building refuse on this building site shall be stored in such a manner so as not to cause a nuisance to adjoining properties.
29 If an excavation extends below the level of the base of the footings of a building/structure on an adjoining allotment of land, the person causing the excavation to be made.
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00-1290 Retirement Village 38 1002235 276 Cessnock Road Gillieston Heights (Cont) i) Must preserve and protect the building/structure from damage, and
ii) If necessary, must underpin and support the building/structure in an approved manner, and
iii) Must, at least 7 days before excavating below the level of the base of the footings of a building/structure on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building/structure being erected or demolished.
The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this condition, whether carried out on the allotment of land being excavated or on the adjoining allotment of land. (Includes a public road and any other public place).
30 A sign must be erected in a prominent position on the work:
(i) stating that unauthorised entry to work site is prohibited, and
(ii) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted during work hours. Any such sign is to be removed when the work has been completed.
This condition does not apply to:
(i) building work carried out inside an existing building, or
(ii) building work carried out on premises that are to be occupied continuously (both during and outside working hours) while the work is being carried out.
31 Approved toilet facilities are to be provided, at or in the vicinity of the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. The provision of toilet facilities in accordance with this Clause must be completed before any other work is commenced.
32 The site is to be cleared of all building refuse and spoil immediately after completion of the building/structure.
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00-1290 Retirement Village 38 1002235 276 Cessnock Road Gillieston Heights (Cont) 33 No building materials, refuse or spoil is to be deposited on or be allowed to remain on Council's footpath.
34 The applicant is required to notify Council in writing prior to commencing building operations, of any existing damage to kerbing and guttering and/or footpath paving the absence of such notification shall signify that no damage exists and that the applicant will be liable for the cost of the reinstatement of any damage to kerbing and guttering or footpath paving which may be necessary after completion of the building operation.
35 Where a lot has frontage to existing concrete foot paving or a cycle path within the footpath, the location of the proposed vehicular driveway access is to be identified and the concrete paving removed over the width of the access. Access to the site by construction traffic will only be permitted at this location. Any damage to the remainder of the footpaving/cyclepath is to be reinstated by the property owner to Council's satisfaction.
DRAINAGE AND SEDIMENT/EROSION CONTROL
Reason: The following condition(s) have been applied to ensure that: (i) Adequate sediment/erosion control structures are provided to prevent siltation of existing drainage systems and waterways; (ii) Stormwater internal and external to the proposed development site is controlled to minimise the risk of flooding to upstream and downstream properties; and (iii) Due regard is given to the development of flood liable land or land in the vicinity of flood liable land.
36 Stormwater runoff from large impervious areas, driveways and roof areas is to be collected and disposed of to Council's drainage system or an appropriate interallotment drainage system in accordance with Council's Manual of Engineering Standards.
37 On site detention shall be provided in accordance with Council's publication "A Guideline for Stormwater Drainage Design".
38 An approved stormwater drainage plan shall be submitted to Council for future reference.
39 Condensation from air conditioning/refrigeration plant is to be disposed of into the sewer to the requirements of the Hunter Water Corporation Ltd.
40 The site and its surrounding environs are to be protected from the effects of sediment and erosion by the application of generally accepted
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00-1290 Retirement Village 38 1002235 276 Cessnock Road Gillieston Heights (Cont) sediment and erosion control principles. In this respect, a sediment and erosion control plan shall be submitted to Council for reference, and site controls shall be established in accordance with that plan.
41 A stormwater quality control system, capable of ensuring that post development discharges from the site have no adverse impact on downstream properties and wetlands in terms of pollution, soil erosion, sedimentation and nutrient build up, shall be installed on the subject site.
42 The design floor level of all habitable buildings are to be constructed no lower than RL11.43 m AHD (i.e. 500mm above the 1:100 year storm level for the adjacent watercourse).`
GENERAL PROVISIONS Reason: The objectives of the following conditions is to draw to the attention of the applicant and owner their responsibilities to comply with various provisions of the Environmental Planning and Assessment Act, 1979, Environmental Planning and Assessment Regulations, 2000, Local Government Act 1993; Regulations; Building Code of Australia and Local Policies relating to building construction and maintenance.
43 It is the Applicants responsibility to ensure compliance with the requirements of the Disability Discrimination Act, 1992 (DDA). Note: Compliance with the Building Code of Australia does not necessarily meet the requirements of the DDA.
44 All building work must be carried out in accordance with the provisions of the Building Code of Australia.
45 The owner should note that the issue of this development consent does not amount to a release, variation or modification by Council of any covenant applicable to this property and that any action taken by the applicant in accordance with the consent which results in any loss or damage by way of breach of the covenant will not be the responsibility of Council.
46 The building shall be set out by a registered surveyor. A Survey Certificate shall be submitted indicating the location of the footprint of the building relative to the boundaries of the lot and where applicable other buildings.
47 All construction, fixtures, fittings and finishes in relation to food premises shall be in accordance with the Food Act 1989 and Australian
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00-1290 Retirement Village 38 1002235 276 Cessnock Road Gillieston Heights (Cont) Institute of Environmental Health National Food Premises Code.
48 The development or any portion of the development shall not be used or occupied until an “Occupation Certificate Application” has been received and determined by Council and an Occupation or Interim Occupation Certificate has been issued. Occupation certificate applications must be accompanied by the required fee and all associated information and certifications. To ensure occupation or use of the development can occur in a timely fashion, the occupation certificate application should be submitted at the same time as the final inspection is being requested.
49 Upon completion of the building BUT prior to its occupation, a Final Fire Safety Certificate with respect to each critical and essential fire safety measure installed in the building is to be provided. Such certificate(s) are to be in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.
50 At least once in each twelve (12) month period, fire safety statements in respect of each required essential fire safety measure installed within the building are to be submitted to Council. Such certificates are to state that: a) The service has been inspected and tested by a person (chosen by the owner of the building) who is competent to carry out such inspection and test; and b) That the service was or was not (as at the date on which it was inspected and tested) found to be capable of operating to a standard not less than that specified in the fire safety schedule for the building). c) Such statements are to be in accordance with Division 5 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.
51 The use of the building shall not be changed from the classification approved of to that of another unless the change of use has been approved under the Environmental Planning and Assessment Act, 1979.
52 Copy of the approved plans and specifications and consent shall be kept on the site at all times during construction.
53 (1) Building work that involves residential building work (within the meaning of the Home Building Act, 1989) must not be carried out unless the principal certifying authority for the development to which the work relates: (a) in the case of work to be done by a licensee under that Act:
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00-1290 Retirement Village 38 1002235 276 Cessnock Road Gillieston Heights (Cont) (i) has been informed in writing of the licensee's name and contractor licence number, and (ii) is satisfied that the licence has complied with the requirements of Part 6 of that Act, or (b) in the case or work to be done by any other person; (i) has been informed in writing of the person's name and owner-builder permit, or (ii) has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in Section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs. (2) A certificate purporting to be issued by an approved insurer under Part 6 of the Home Building Act, 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that part.
54 All excavations and backfilling must be executed safely, in accordance with appropriate professional standards and be properly guarded and protected to prevent them from being dangerous to life or property.
55 The applicant is required to submit to Council Notice of Commencement at least two (2) days prior to the commencement of construction works.
56 The requirements of the Hunter Water Corporation with regard to construction works over or adjacent to a sewer main are to be adhered to.
57 Where the proposed development involves the distuirbance or destruction of any existing survey monuments, those monuments affected will need to be relocated by a Surveyor registered under the Surveyors Act. A plan showing the relocated marks will then be required to be lodged as a matter of public record at the Land Titles Office. 58 Access shall be provided fro NSW Fire Brigade Emergency vehicles in accordance with the requirements of the NSW Fire Brigade. Such access is to be available to all units.
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00-1290 Retirement Village 38 1002235 276 Cessnock Road Gillieston Heights (Cont) 59 Fire Hydrants shall be provided in accordance with NSW Fire Brigade requirements to serve all units. Installation shall be in accordance with Building Code of Australia (BCA) requirements and AS 2419.1.
60 Sound insulation between units shall satisfy the requirements of Part F5 (BCA) Volume One.
61 Fire Separating walls dividing units shall extend to the underside of the roof covering and into the eave space.
62 Mechanical ventilation shall be provided to the bathroom & en-suite to Type 1 Units, and en-suite & laundry to Type 2 Units.
63 Hard wired smoke detectors shall be provided to the ceiling outside both bedrooms all dwellings.
64 The roof space to all units shall be ventilated if sarked.
65 Disabled access shall be provided to the floor level of the Community Centre.
66 The Community Centre disabled W.C. shall be mechanically ventilated.
67 Entry doors to the Community Centre shall swing in the direction of egress and be fitted with latching to facilitate emergency.
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Officers Report
SECTION 96 MODIFICATION: DA 00-1290 PROPOSED RETIREMENT VILLAGE, NO. 276 CESSNOCK ROAD, GILLIESTON HEIGHTS
Locality Plan
Meeting Date: 24 January 2006
Attachment No : 1
Number of Pages : 1 Page 26 ORDINARY MEETING AGENDA 24 JANUARY, 2006
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Officers Report
SECTION 96 MODIFICATION: DA 00-1290 PROPOSED RETIREMENT VILLAGE, NO. 276 CESSNOCK ROAD, GILLIESTON HEIGHTS
Development Plans
Meeting Date: 24 January 2006
Attachment No : 2
Number of Pages : 6 Page 28 ORDINARY MEETING AGENDA 24 JANUARY, 2006
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9.2.2 DA05-3407 ADDITIONS TO EXISTING AGED CARE FACILITY (29 BEDS) LOT 1 AND 2 997919 30 REGENT STREET, MAITLAND. RECOMMENDATION: REFUSAL
File No: PA05-3407 Attachments (5) Locality Plan Development Plan Applicants Submission NSW Heritage Comments Public Submissions
Responsible Officer: David Simm Manager of Development and Environment Author: Maryanne Raines Town Planner Applicant: Maitland Benevolent Society Incorporated Proposal: Additions to Existing Aged Care Facility (29 Beds) Location: 30 Regent Street, Maitland. Zone: 2(a) Residential
ACTING GENERAL MANAGERS COMMENTARY
The Maitland Benevolent Society has and continues to fulfil a valuable community role for many years in the area of aged care in Maitland. Council in its assessment of the development application must take into account the social implications of a development proposal and must weigh these against other issues such as building design and heritage conservation considerations. It is in this context that the following report be presented to Council.
Since its establishment in the 1880’s there have been numerous extensions to the Benhome facilities the most significant of which were expanded accommodation wings which took place in the 1970’s the early 1980’s and the late 1980’s. The open space area located at the south east corner of the site remains the only substantial area of passive open space within the site. The loss of this area to additional buildings is not only a concern in relation to impacts on the historical integrity of the site but also in relation to the loss of opportunity for passive recreational use.
It is acknowledged that Benhome is required to upgrade accommodation to meet the certification requirements of the Department of Health and Aged and that this Page 35 ORDINARY MEETING AGENDA 24 JANUARY, 2006
DA05-3407 Additions to Existing Aged Care Facility (29 Beds) Lot 1 and 2 997919 30 Regent Street, Maitland. (Cont) accommodation must be provided in the short term. Council officers have met with the Board members of the Benevolent Society in an attempt to better understand its requirements and to see where there may be opportunities to modify the development to achieve a better balance between the provision of new accommodation for existing residents and satisfying conservation planning principals for the site. In particular, the Council have encouraged the applicant to investigate the construction of a new building of smaller footprint at the same building line as the principal heritage buildings and to consider how the development might be staged to accommodate the total unit requirement of Benhome. It is considered that the area currently occupied by the ‘sub-standard’ units (dated 1970’s) is the best location on the site for the majority of the new units and that the construction of a small number of units between the matrons quarters and the Cintra boundary may provide some flexibility in relocating residents to allow for staged demolition and construction of new units on the existing 1970’s unit site.
The applicant wishes to proceed with the development proposal as submitted and have requested that Council make its determination on this basis.
A detailed planning assessment has been undertaken of the application by Council Officers culminating in a recommendation that the application be refused.
Notwithstanding the recommendation for refusal of the application, the applicant is strongly encouraged to hold further discussions with Council in an effort to find a solution to the accommodation needs of the facility that better address the planning constraints of the site.
EXECUTIVE SUMMARY Development consent is sought from Council for additions to an existing aged care facility (29 Beds) at 30 Regent Street, Maitland. The proposed development focuses on the south eastern corner of the site. The development also involves the removal of significant trees and existing landscape elements within the site. The Maitland Benevolent Society Incorporated owns the subject land and it is zoned 2 (a) Residential under the Maitland Local Environmental Plan, 1993.
The proposed accommodation wing is not aimed to provide for additional resident numbers on the site but rather responds to the need to provide upgraded accommodation for existing residents occupied in that part of the building which has failed to meet the current certification standards of the Department of Health and Aged.
The development is defined as Housing for Aged or Disabled Persons which is a permissible form of development under the 2 (a) Residential Zone and is regulated by the State Environmental Planning Policy (Seniors Living) 2004.
The proposal involves the construction of a 29 bed single storey facility to adjoin the existing Curtis Wing. The Development Application submitted to Council is accompanied by a Heritage Impact Assessment and an Arborist report. Council Page 36 ORDINARY MEETING AGENDA 24 JANUARY, 2006
DA05-3407 Additions to Existing Aged Care Facility (29 Beds) Lot 1 and 2 997919 30 Regent Street, Maitland. (Cont) engaged an independent consulting Arborist to review the submitted report and provide an independent assessment of the trees.
The application has been referred to adjoining owners and advertised for a period of 14 days. A total of 106 submissions and 2 petitions were received by Council. Issues raised in the submissions relate to housing concerns for the current residents of Benhome, impacts on car parking, heritage issues, loss of significant trees, loss of habitat for local fauna, existing infrastructure and services, reduced pedestrian safety, increased congestion noise and traffic within the surrounding neighbourhood.
Council’s assessment of the proposal has concluded that the development shall negatively impact upon the heritage values of Benhome, the Regent Street Conservation Area and the adjoining property known as Cinta. The key issues identified in the assessment of the application are:
• Non-compliance with State Environmental Planning Policy 2004 - Seniors Living; • The failure of the development proposal to address the relevant clauses of the Maitland Local Environmental Plan 1993 relating to the regulation of development in heritage conservation areas and on specific identified heritage sites; • The failure of the development proposal to satisfy the provisions of Development Control Plan No.34 – Heritage Conservation Design Guidelines; • Failure in achieving a design outcome which respects the sensitive heritage characteristics of the Benhome site itself, the adjoining ‘Cintra’ and the broader heritage conservation area and streetscape; • The loss of significant vegetation which makes a significant contribution to the landscape setting of Benhome and the streetscape.
Council have had discussions with the Benhome Board of Directors in an effort to have it investigate options for a smaller new wing (between Benhome and Cintra) which might provide opportunity for staging of further new units on the part of the site occupied by the existing sub-standard units.
NSW Heritage Office has recommended Council to not approve the development in its current form and to seek further information. Council has requested additional information however the applicant has advised Council in writing to determine the Development Application based on the current information, consequently this has lead to Councils recommendation for refusal.
It is considered appropriate that Council continue to work through the issues relevant to achieving the required accommodation upgrade with Benhome.
OFFICER'S RECOMMENDATION THAT:
PART A
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DA05-3407 Additions to Existing Aged Care Facility (29 Beds) Lot 1 and 2 997919 30 Regent Street, Maitland. (Cont) Development Application DA05-3407 for Additions to an Existing Aged Care Facility (29 Beds), Lot 1 and 2, DP 997919, 30 Regent Street, Maitland be refused for the following reasons:
1. The applicant failed to satisfactorily address Clauses 28, 30 and 31 of the State Environmental Planning Policy (Seniors Living), 2004 (section 79C (1)(a)(i) of the EP& A Act 1979).
2. The development is inconsistent with Clause 32 and 33 of Maitland Local Environmental Plan 1993 which requires new development within the Conservation Area and involving heritage items to consider how the development shall impact upon the heritage significance of the heritage item and the Conservation Area. (section 79C (1)(A)(i) of the EP& A Act 1979). The proposal will have a negative impact upon the heritage significance of the Heritage Item Benhome and the surrounding Conservation Area.
3. The proposal is inconsistent with Section 2.4.3. and Part 3 of Development Control Plan 34, Maitland Conservation and Design Guidelines provisions which are designed to respect and enhance the heritage character of the heritage item and Conservation Areas (section 79C (1)(a)(iii) of the EP& A Act 1979). The development is considered unsympathetic to the heritage values and character of Benhome, Cintra and surrounding Conservation Area.
PART B
That Council undertake further discussions with a view to resolving options for additions to the aged care facilities on the site which address the issues identified above.
REPORT
INTRODUCTION
The subject development is an addition to an existing aged care facility. The proposal forms part of an overall plan to enable the facility to be upgraded to meet the required building certification standards for aged care accommodation. The application involves the addition of 29 one bed resident rooms in a single storey extension to replace the Benhome wing that has been assessed as being unable to meet the certification standards of the Department of Health and Ageing. The Maitland Benevolent Society has provided aged care to the community for many years.
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DA05-3407 Additions to Existing Aged Care Facility (29 Beds) Lot 1 and 2 997919 30 Regent Street, Maitland. (Cont) PROPOSAL The subject development consists of the addition of 29 new one bed resident rooms located within a L shaped facility with a 6 metre setback from Regent Street and a 3 metre southern side boundary setback. The building comprises of a continuous roof structure which is divided into three predominant roof forms fronting Regent Street of hipped and projecting gable configurations. The building returns along the southern boundary adjacent to Cintra.
The development involves the demolition of the gardens surrounding Pender House (the principal two storey building) and the Matrons Quarters which include a number of mature trees including the predominate fig tree. There has been no detailed landscape survey which provides the specifics of other garden elements which shall be lost.
The applicant has indicated the new facility will replace the existing 1970s Benhome Wing, this wing currently does not comply with the standards contained within the Aged Care Act 1997. The Department of Health and Aging has requested all aged care facilities to comply with the certification standards required under the Aged Care Act 1997 by the 31st December 2005.
HISTORICAL CONTEXT
The main building of Benhome, Pender House and the Matron’s Cottage were designed by noted architect J.W. Pender and constructed in 1884. Since this time additional wings have been constructed onsite to cater for Benhome’s present age care operation. The Maitland Benevolent Society has been the continuous tenants of the site since construction of the main building.
The subject site known as Benhome and is listed as an Item of Regional Heritage Significance under the Maitland Local Environmental Plan 1993. The site is also located within the Regent Street Conservation Area as identified in the Maitland Local Environmental Plan and is assessed to have a state level of significance.
In 1977 the National Trust included the Regent Street Conservation Area on its register, noting the special qualities of the area and stating that any new additions were not to conflict with these qualities. Cintra and stables which adjoin the southern boundary were individually classified. Cintra was also included in the first recording of homes by the Australian Heritage Commission.
An assessment of Regent Street and some individual properties are also provided in the Bersteiner McInnes and Rigby Report 1977. This report describes Benhome as “being one of the largest and grandest buildings in Maitland, easily visible from within the town”. It makes particular note the matron’s flat which in due contrast in scale has the appearance of a dolls house. The report describes Benhome and the adjoining Cintra as follows:
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DA05-3407 Additions to Existing Aged Care Facility (29 Beds) Lot 1 and 2 997919 30 Regent Street, Maitland. (Cont) ‘Cintra stands next door to Benhome and together they establish a grandeur which makes Regent Street the premier Street in Maitland’.
BACKGROUND Over time additions have been undertaken on site and the design of past developments have demonstrated some consideration to surrounding development, heritage values, existing landscaped areas, views and the connection between Cintra and Benhome.
Development Application No 103/5/230/86 provided for the replacement of existing accommodation and alterations to aged persons hostel. These additions were located on the southern side of the allotment. It is noted the building footprint was significantly smaller than the current proposal and preserved significant landscape elements and the front building setback.
The existing age care units fronting Regent Street, located on the northern boundary were approved in June 1983 via Development Application No 103/5/70/83. The approval predated the inclusion of the Regent Street Conservation Area, Cintra and Benhome in Councils Environmental Planning Instruments.
In more recent times Council has held a preliminary meeting with the applicant, prior to the submission of Development Application. The developer has been informed by Council staff of the significant issues surrounding the development of the site. It is essential for a site wide analysis to be undertaken with respect to the options for redevelopment. The standard process for major new development of a site which has this level of significance is that relevant management policies would be identified which take into account the levels of values of different buildings and areas,` This process has not been undertaken by the applicant.
PLANNING ASSESSMENT The proposal has been assessed under the relevant matters for consideration detailed in Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as follows:
Section 79C(1)(a)(i) provisions of any environmental planning instrument
Local Environmental Plan The subject land is zoned 2(a) Residential under Maitland Local Environmental Plan 1993. The proposed development is defined under the LEP as “Housing for Aged or Disabled Persons” which is a permissible land use in the 2(a) zone with Council consent. The proposal is considered to be consistent with the zone objectives.
Clause 32 of the LEP requires Council to consider the following in respect to heritage items:
a) the significance of the item as a heritage item
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DA05-3407 Additions to Existing Aged Care Facility (29 Beds) Lot 1 and 2 997919 30 Regent Street, Maitland. (Cont) b) the extent to which the carrying out of the development in accordance with the consent would affect the heritage significance of the item and it site c) whether the setting of the item, and in particular, whether any stylistic, horticultural or archaeological features of the setting should be retained; d) whether the item constitutes a danger to the users or occupiers of that item or to the public and e) measures to be taken to conserve heritage items including any conservation plan prepared by the applicant.
Clause 33 contained within the LEP requires Council to undertake an assessment of the extent the proposal will affect the heritage significance of the heritage conservation area. The clause also specifies Council must consider the built form of the proposal.
The submitted assessment of significance is considered to be inadequate, it is clear that the proposed works will remove the only remaining open landscaped grounds remaining on the site which are integral to its setting of key landmark buildings within Regent Street. The physical impacts are associated with not only the loss of the grounds, but views to Pender House and the Matrons House are also irreversibly lost. It is also the visual impact of the landmark buildings which also provide an important contribution to the state significance of Regent Street.
The significance of this site and a strategy for its management has not been sufficiently analysed in the documentation provided.
Regional Environmental Plan The provisions of the Hunter Regional Environmental Plan (Heritage) 1989, support the implementation of Councils adopted heritage conservation guidelines in the locality. The proposal is therefore inconsistent with the Hunter Regional Environmental Plan 1989.
State Environmental Planning Policies State Environmental Planning Policy (Seniors Living) 2004 (SEPP Seniors Living) applies to the subject development.
The Development Application presented to Council demonstrates the proposal complies with numerical standards of the SEPP Seniors Living. However, Part 3 Design requirements Divisions 1 and 2 of the SEPP Seniors Living clearly require that the Council must be satisfied as to certain matters (clauses 28,30 and 31) relating to site analysis and design. Based on the plans and documentation submitted with the development application Council cannot be satisfied that the proposal meets the requirements of Clauses 28, 30 and 31. Therefore, Council, by law, is not in a position to determine the application by way of approval. Details of the relevant Clauses and subclauses are provided below:
Division 1 General Clause 28 Site Analysis
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DA05-3407 Additions to Existing Aged Care Facility (29 Beds) Lot 1 and 2 997919 30 Regent Street, Maitland. (Cont) 3. (d) existing vegetation: location height spread of established trees species (f) Location of: Buildings and other structures Heritage features and items including archaeology Fences Property boundaries Pedestrian and vehicular access (g) Views to and from the site.
4 (e) Views and solar access enjoyed by neighbouring properties. (f) Major trees on adjoining properties (g) Street frontage features: Poles Trees Kerb crossovers Bus stops (h) The built form and character of adjacent development (including buildings on the opposite sides of the street(s) fronted): Architectural character Front fencing Garden styles (I) Heritage features of surrounding locality and landscape
Division 1 General Clause 30 Design of Residential Development
A consent authority must not consent to a development application made pursuant to this chapter unless the consent authority is satisfied that the proposed development demonstrates that adequate regard has been given to the principals set out in Division 2.
Division 2 Design Principals Clause 31 Neighbourhood Amenity and Streetscape.
The proposed development should:
(a) Recognise the desirable elements of the location’s current character (or, in the case of precincts undergoing transition, where described in local planning controls, the desired future character) so that new buildings contribute to the quality and Identity of the area, and
(b) retain, complement and sensitively harmonise with any heritage conservation areas in the vicinity and any relevant heritage items that are identified in a local environmental plan, and
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DA05-3407 Additions to Existing Aged Care Facility (29 Beds) Lot 1 and 2 997919 30 Regent Street, Maitland. (Cont) (c) Maintain reasonable neighbourhood amenity and appropriate residential character by:
(i) providing building setbacks to reduce bulk and overshadowing, and (ii) using building form and siting that relates to the sites land form, and (iii) adopting building heights at street frontage that are compatible in scale with adjacent development, and (iv) considering, where buildings are located on the boundary walls on neighbours, and
(d) be designed so that the front of the development is setback in sympathy with the building line but not necessarily the same as the existing building line, and
e) embodied planting in sympathy with but not necessarily the same as other planting in the streetscape, and
(f) retain where ever possible, major existing trees.
The site is unique and needs to treated accordingly. Some individual features which give the site its identity include the significant building setback, the large landscaped area to the south east of the site, architectural elements, views to and from the development, historic values of the site and the surrounding neighbourhood amenity.
A report by historian Cynthia Hunter, describes Regent Street, for most of its length, as containing 19th and 20th Century houses dating from the 1860’s and including some excellent examples of the Victorian style. These buildings, their gardens, their associations with notable townspeople, architects and builders and the prominence of the landform combine to make Regent Street an outstanding Maitland precinct.
The development is not desirable in its location as the construction of the new facility will result in the loss of significant landscaping elements and the proposed 6 metre building setback conflicts with the architectural values and the original design of Pender House.
The architect has designed the additions to reflect smaller cottages within the surrounding streets. The development is not sympathetic to the landmark status of Pender House or its original design and has no relationship to the historic core of the site. The proposal compromises the character and setting of the Conservation Area, Cintra and Benhome. Clause 31 as specified above has not been addressed within the design of the proposed addition.
There are other options to achieve the additional accommodation needs by redeveloping the substandard wings. It is advised these alternatives be investigated prior to Council granting consent to the proposal.
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DA05-3407 Additions to Existing Aged Care Facility (29 Beds) Lot 1 and 2 997919 30 Regent Street, Maitland. (Cont) Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition The Draft Amendment to the Maitland Local Environmental Plan 1993 contains similar provisions contained within Clause 32 and 33 of the Maitland Local Environmental Plan 1993, thus no further comment is required with regard to the draft instrument. Section 79C(1)(a)(iii) any development control plan Regent Street, as noted above is located within the Central Maitland Conservation Area. The development is required to be assessed both in the context of development within the Conservation Area, and as an individually listed heritage item.
Section 2.4.3 of Development Control Plan 34 Maitland Conservation and Design Guidelines states that; Regent Street consists of major residences and private landscapes, and major cultural buildings and public landscapes.
The development is not consistent with policies contained in the Development Control Plan with respect to this area which require that:
The garden suburb character of substantial single dwellings with surrounding gardens should be maintained, and the Retention of the dominant presence of landmark buildings
Specific matters considered to be relevant to the assessment contained within part three of the subject Development Control Plan include the following:
Siting, Setback and orientation
A standard requirement applied to all development of a small and large scale, and whether it be associated with a heritage item, or simply within a Conservation Area, is that additions or new development should be sites so as to not obstruct views to the principal buildings or structures on the site; The siting of the buildings along the south east portion of the site will result in the irreversible loss of the only remaining open landscape grounds which are integral to the curtilage significance and setting of Pender House, in addition to the streetscape setting of Cintra, and Regent Street itself. Major views to Pender House will be lost; Development has occurred on the northern side of the site with lesser impact, as the relationship between Pender House and Cintra has remained intact; Both Cintra and Pender House, and the matron’s house have comparable setbacks from the front boundary with the gardens and grounds complimenting both properties; The siting of the buildings will result in not only the loss of major tree specimens which are of a high level of heritage significance, but the landscape grounds themselves of which the trees are only part; The siting of the buildings 3m from the side boundary will detrimentally impact on the open and complimentary nature of the state significant Cintra grounds and Page 44 ORDINARY MEETING AGENDA 24 JANUARY, 2006
DA05-3407 Additions to Existing Aged Care Facility (29 Beds) Lot 1 and 2 997919 30 Regent Street, Maitland. (Cont) also will impact on the lemon scented gum located on the boundary, which is a tree specimen of high significance to the Cintra grounds; The location of the buildings will impact on the setting of the small matron’s house and its visibility from the street within the landscape setting of Pender House.
Size and Scale
The development results in a major new building which has a substantial footprint. This will significantly reduce soft landscaping remaining on the site, which clearly conflicts with the architectural values and the original design of Pender House.
The remaining open space on the site is dominated by the existing driveway, carparking, and paved areas, It is important that the loss of the gardens is seen in the context of the whole site, and what would remain if the development were to proceed.
Roof Form and Shapes
The proposed frontage of the Benhome site is proposed to be changed to a series of residential forms which have no relationship to the historic core of the site. Instead, the development is an extension of other standard residential development along Regent Street. This approach is considered detrimental to the significance of the site, and will result in a development which demeans the landmark, grand mansion, status of Pender House.
Landscaping
As discussed above, it is considered that the management of landscape issues on the site will transform a grand Victorian picturesque garden setting into an ordinary residential style garden of no heritage contributory value or meaning.
New Development in the Vicinity of Heritage Items
Cintra will loose its landscape setting as viewed from the northern approach to the site as a result of the proposal. The impact on the health of the lemon scented gum positioned on the boundary of the site is also considered to be unacceptable. The crown of the gum extends at least 15 meters into the Benhome site, and has a natural form given there have been no impediments restricting its growth. The tree is the largest within the frontage of the site, and is mirrored on the opposite southern corner.
In addition to the above the submitted documentation has not sufficiently analysed the level of significance of the site or Councils Heritage provisions contained within its Environmental Planning Instruments. Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph) Not relevant.
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DA05-3407 Additions to Existing Aged Care Facility (29 Beds) Lot 1 and 2 997919 30 Regent Street, Maitland. (Cont) Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality The impacts of the proposed development are regarded as significant to the surrounding conservation area, Benhome and Cintra this issue has been previously discussed under section 79C(1) (a) (iii).
The removal of six trees from the subject site is proposed An arborist report submitted with the Development Application supports the removal of 5 trees and assesses the impacts on the lemon scented gum located within Cintras grounds. Council engaged an independent arborist to asses the health of the trees proposed for removal, their significance in the context of the landscaped setting of the site and street and to review the aborists report submitted with the development application. The Independent aborist reviewed the Pre Development report on Benhome prepared by Scott McSweeney of Farmer Kens Tree Services and disagrees with some elements of the report in regards to the methodology and findings in relation to the condition of some of the trees.
Council’s arborists independent assessment of the trees concludes as follows:
* One of the Oak Trees (tree 3) should be removed immediately regardless of the outcome of the proposal.
* If the development does not proceed a new Oak Tree and a new Fig Tree should be planted now so they can become established before the other Oak and Fig Tree are removed. The replanting of the trees will help maintain the heritage character of the property and street. The second Oak Tree should probably be removed in about 5 years. The Fig Tree is mature and past its best years. The density of foliage is a little sparse but the annual shoot growth is normal and healthy. The fig tree could possibly be retained for another 15 years.
The fig tree is displaying common defects experienced with figs and occasionally will result in failure of the part. Proper pruning and appropriate care of the wounds will significantly reduce the decay and subsequent failure.
* The design of the proposed building would need to be modified or the trees would need to be removed to resolve the present conflict.
* The Plans submitted for development approval have included the Jacaranda growing on the north side of the development to be removed. The applicant arborist report has not covered the Jacaranda which stands approximately 1.5 metres from the proposed development. In the event the development proceeds it is recommended the subject tree be assessed to enable an informed decision to be made on its future. Section 79C(1)(c) the suitability of the site for the development
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DA05-3407 Additions to Existing Aged Care Facility (29 Beds) Lot 1 and 2 997919 30 Regent Street, Maitland. (Cont) As discussed above the proposal shall adversely impact on significant heritage values which are unique to the site, Benhome and Cintra. The development is not considered to be in sympathy with the context or setting of the site and shall result in the loss of important elements of the site. Section 79C(1)(d) any submissions made in accordance with this act or the regulations
Public Submissions The development application was placed on public exhibition for a period of 14 days from 27th October 2005 to 10th November 2005. As a result of the notification process, a total of 103 individual submissions and 2 petitions were received. 15 individual submissions and one petition objected to the proposal whilst 89 individual submissions and 1 petition were in support of the development. A copy of the submissions are provided as Attachment 5 of this report. A summary of the main issues raised within the submissions are provided below.
The submissions in support of the development expressed concern for the existing residents and staff of Benhome. Council acknowledges the present situation of the Benhome Board.
The main issues raised by the objectors are summarised below and comment provided:
The proposed development shall have a negative impact upon the Heritage Values of Cintra
Planners Comment
The view to Cintra from the northern approach shall be lost. The subject issue has been discussed above under the heading of Section 79C(1)(a)(iii). The lemon scented gum located on the adjoining property (Cinta) is a large mature tree in very good condition for its size and age. No major pests, disease or other ailments were observed at the time of the arborists inspection. The distance from the tree to the closest point of the proposed building is 4.2 metres. This is inside the recommended minimum tree protection zone (TPZ) of 5 metres. If the building is constructed as proposed, the main structural roots of this large tree maybe compromised.
The removal of the large fig shall impact upon the streetscape of Regent Street.
Planners Comment
It is acknowledged the removal of the large fig shall impact on the surrounding streetscape. Council’s independent aborist has recommended if the development does not go ahead a second fig tree be planted onsite to retain the heritage character of Regent Street and Benhome.
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DA05-3407 Additions to Existing Aged Care Facility (29 Beds) Lot 1 and 2 997919 30 Regent Street, Maitland. (Cont) Presently the fig is considered to be in good health and to have normal vigour. The tree is past it best years and maybe moving into senescence. The aborist has noted the tree appears to be retainable with an acceptable level of risk from 15 years to 40 years if remedial work is undertaken to repair or remove defects and/or storm damage.
The new facility shall impact on the surrounding Conservation Area and Heritage Items.
Planners Comment
The adverse impact that the proposed development would have on Benhome, Cintra and the Regent Street Conservation precinct has been discussed in detail in previous sections of this report.
The development is an example of poor planning and is an overdevelopment of the site. Resulting in an overload of the stormwater and sewerage disposal, parking, garbage collection, vehicular noise and traffic and reduced pedestrian safety?
Planners Comment
There will be no increase in the number of beds within the Benhome complex. The applicant has indicated to Council the Benhome wings current residents will be transferred from their existing rooms into accommodation within the new addition. As the resident numbers are not increasing, the impact on parking, garbage collection, vehicular noise, traffic and pedestrian safety are not expected to change.
Councils Engineer has advised the applicant has satisfied Councils engineering standards with regard to stormwater and drainage. It is noted the final discharge of collected stormwater runoff shall be piped to the proposed street drainage pit in Bonar Street.
The points raised in the above objection are required to be addressed when the number of beds within the complex increases.
The development is not in accordance with Councils Environmental Planning Instruments (EPI’s).
Planners Comment
The above discussion has acknowledged the proposal is not in accordance with the Maitland Local Environmental Plan 1993 or Development Control Plan 34 –Maitland Conservation and Design Guidelines.
There has been no additional car parking included in the proposed development or previous extension. Regent Street and Bonar Street already suffer from major congestion as a result of the hospital and Benhome. People
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DA05-3407 Additions to Existing Aged Care Facility (29 Beds) Lot 1 and 2 997919 30 Regent Street, Maitland. (Cont) find the street attractive for parking as the parking is free and has no time restriction. Residents struggle to find a car park on Regent Street at certain times due to competition with Benhomes and the hospitals contractors, residents, staff and visitors.
Planners Comment
The subject development application as submitted to Council is not seeking consent to increase resident numbers therefore no additional carparking is required. The SEPP Seniors Living requires car parking to be provided at a rate of 1 space per 10 beds and 1 space per 2 staff. Benhome shall have to consider future parking arrangements should resident numbers be increased in the future in accordance with the SEPP Seniors Living.
Development Consent DA91305 was the most recent consent which required car parking. Condition two of the consent notice required 20 car parks to be provided on site to service the aged care facility.
The fig tree supports a large community of bats which on dusk fly from the court house fig tree up to the Benhome fig tree to feed and settle for the night’s activity. Where will this community of bats go?
Planners Comment
The information regarding the nesting of bats in the fig tree is one that would need to be further investigated by way of an Eight Part Test under Section 5A of the environmental Planning and Assessment Act 1979. This information has not been provided with the development application and Council must follow the “test of significance” procedure if it were of a mind to approve the application. The development will result in the Loss of the Open Space and recreational areas for the elderly residents.
Planner's Comment The numerical standard for landscaping is set via the SEPP Seniors Living. Currently the development as proposed complies with the SEPP Seniors Living. A total of 74 square metres of landscaping per bed has been provided onsite; this more than complies with the SEPP Seniors Living minimum requirement of 25 square metres of landscaping to be provided per bed.
An alternative site should be sought to expand Benhomes’ operations. The development is only a short term solution to the problem of aged care facilities within Maitland given the forecasted population increase over the next 20 years. Planner's Comment
Benhome Board informed Council they have considered alternative sites and at present an alternative site not a financially viable option for the organisation.
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DA05-3407 Additions to Existing Aged Care Facility (29 Beds) Lot 1 and 2 997919 30 Regent Street, Maitland. (Cont)
The Benhome Board were notified 3 years ago the current buildings do not comply with government standards. They have had 3 years to address the issues this is a last minute attempt to rush an inappropriate development through. It is not the resident’s fault the Benhome Board have been unable to manage their affairs and it is unfair to expect the residents to pay the price for poor management. Planner's Comment It is Councils understanding the facility needs to be upgraded in order to comply with the Aged Care Act 1997. The Benhome Board and the Department of Health and Ageing have been aware of the situation for a period of time. The Department of Health and Ageing has required all aged care facilities to comply with certification standards as required by the Aged Care Act 1997 by the 31st December 2005.
If Benhome were to sell or enter into a joint venture with another developer it would be difficult to stop a rezoning or reuse of the site.
Planner's Comment
The reuse of the site is permitted by another operator without lodgement of a Development Application provided it is continued to be used as an aged care facility, as the Development Consent is attached to the land not the ownership.
The site may be suitable for other forms of development such as a community centre, accommodation facility or an education establishment, these types of activities would be subject to a further Development Application.
Submissions from Public Authorities New South Wales Heritage Office was notified of the proposal in accordance with clause 24 of the SEPP Seniors Living, as the site is classified as a Regional Heritage Item under the Maitland Local Environmental Plan 1993.
The Heritage Office does not consider that an adequate level of information and assessment has been provided to support the proposal. In particular a curtilage study should be provided analysing the historic development of this property, layout and components of the grounds and contribution to the Regent Street Conservation Area.
The Heritage Office considers the development in its current form would adversely impact the heritage values of Benhome, of the adjacent Cintra and the heritage Conservation Area of Regent Street. As the proposed additions would visually dominate Benhome, remove much of its remaining garden setting, impact on the setting of Cintra and the Conservation Areas pattern of Development.
Further work is required to establish the heritage significance of the trees proposed for the removal, the open spaces in which they sit, as deliberate planned parts of the earlier grounds, views to and from Benhome across these spaces etc.
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DA05-3407 Additions to Existing Aged Care Facility (29 Beds) Lot 1 and 2 997919 30 Regent Street, Maitland. (Cont) Based on the submitted information the Heritage Office has recommended Council to not approve the development in its current form and seek further information.
The applicant has been advised by Council that the application is not acceptable in its current form and has been given the opportunity to revise the plans and/or provide additional information. The Maitland Benevolent Society has instructed Council in writing to proceed with the assessment of the application in its present form (see appendix 3).
Councils Heritage Officer’s Recommendations
The high degree of official recognition Benhome, Cintra and Regent Street have received from local through to national listings over a number of decades, leaves no doubt as to the high significance of the precinct, and the importance of not allowing development which would compromise their inherent values.
There has been no considered and systematic analysis of the site from a heritage perspective as to the options for new development in alternative locations on the site. No further application should be considered without the submission of a full Assessment and Statement of Significance of the site, and Conservation Policies to provide direction as to where further development on the site can take place.
It is essential that this documentation be prepared by a suitably qualified heritage consultant who is listed on the NSW Heritage Office Directory of Heritage Consultants and include specialist input from a suitably qualified heritage landscape consultant. Cintra and Benhome are inextricably linked in style and context. Together they establish a grandeur which makes Regent Street what is considered to be, the premier Street in Maitland. The loss of the landscape setting of Benhome, will result in an irreversible impact on the above noted qualities of both properties. Section 79C(1)(e) the public interest Approval of the application in its current form would result in a development which would significantly compromise the integrity of the historic Benhome site, the adjoining property “Cintra”, and the wider Regent Street conservation precinct. While the social/community value of the aged care facilities on the site is recognised, it must be understood that the site has its own unique set of constraints which suggest the current proposal is unsuitable. On balance, approval of the application would be contrary to the public interest.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS The approval of the application as proposed would be at odds with Councils policies and set a precedent of unsympathetic additions which will impact on two heritage items and the surrounding Heritage Conservation Area. The impacts of such a
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DA05-3407 Additions to Existing Aged Care Facility (29 Beds) Lot 1 and 2 997919 30 Regent Street, Maitland. (Cont) development are contrary to the provision in Councils Maitland Local Environmental Plan 1993, Development Control Plan 34 Maitland Conservation and Design Guidelines and Draft Heritage Local Environmental Plan 2000.
STATUTORY IMPLICATIONS Statutory implications relating to assessment of the subject application have been addressed in the body of the report
CONCLUSION An assessment of the application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as amended. Council is not in a position to approve the subject Development Application due to the proposal failing to meet essential criteria contained within the State Environmental Planning Policy (Seniors Living) 2004, lack of analysis of the site, insufficient information contained within the submission, inconsistencies of the proposal with Councils Environmental Planning Instruments and the detrimental impact on Benhome, Cintra and the surrounding Conservation Area. The proposed development is not considered acceptable in terms of the relevant matters for consideration under the Act and it is recommended that the development application be refused.
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Officers Reports
DA05-3407 ADDITIONS TO EXISTING AGED CARE FACILITY, 30 REGENT STREET, MAITLAND
Locality Plan
Meeting Date: 24 January 2006
Attachment No : 1
Number of Pages : 1
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Officers Reports
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Development Plan
Meeting Date: 24 January 2006
Attachment No : 2
Number of Pages : 2
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Officers Reports
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Applicants Submission
Meeting Date: 24 January 2006
Attachment No : 3
Number of Pages : 1
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Officers Reports
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NSW Heritage Comments
Meeting Date: 24 January 2006
Attachment No : 4
Number of Pages : 3
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Officers Reports
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Public Submissions
Meeting Date: 24 January 2006
Attachment No : 5
Number of Pages : 60
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9.2.3 DA 04-2863 SUBDIVISION OF ONE (1) LOT INTO TWO (2) LOTS LOT 80 DP 1056433 4 BERRINDA CLOSE BOLWARRA HEIGHTS RECOMMENDATION: APPROVAL
File No: 04-2863 Attachments: Locality Plan Subdivision Plan Submissions Extract from DCP No. 26 West Bolwarra Heights
Responsible Officer: David Simm Manager Development and Environment Author: Tanya Gurieff Senior Town Planner - Major Projects Applicant: Pulver Cooper and Blackley Proposal: Subdivision - One (1) Lot into Two (2) lots Location: Bolwarra Heights Zone: 2(a) Residential
EXECUTIVE SUMMARY Development consent is sought from Council for the Subdivision of One (1) Lot into Two (2) Lots at 4 Berrinda Close Bolwarra Heights. The subject land is zoned 2(a) Residential under Maitland Local Environmental Plan, 1993.
Clause 8 of the Maitland Local Environmental Plan 1993 requires consent of Council for any subdivision within the Maitland local government area. Subdivision is a permissible form of development in the 2(a) Residential zone with Council consent and is not inconsistent with the objectives of the zone.
The proposal was advertised for a period of thirty (30) days and two (2) submissions were received. The main issues raised are the resubdivision of the original intent of Hunterglenn Estate not being consistent with the planning rational that formed the basis for the creation of the parent lot and loss of privacy. These issues are addressed in the body of the report.
The application has been assessed under the provisions of the Environmental Planning and Assessment Act 1979 and is recommended for approval subject to conditions of consent.
OFFICER'S RECOMMENDATION THAT:
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DA 04-2863 Subdivision of one (1) Lot into Two (2) Lots Lot 80 DP 1056433 4 Berrinda Close Bolwarra Heights (Cont) DA 04-2863 for Subdivision of One (1) Lot into Two (2) Lots on Lot 80, DP 1056433, 4 Berrinda Close Bolwarra Heights be approved, subject to the conditions of consent set out in the attached schedule.
REPORT
INTRODUCTION The subject site is located at Lot 80 DP 1056433, 4 Berrinda Close Bolwarra Heights. The subject site is vacant and has frontage and access to Berrinda Close. The subject site is zoned 2(a) residential and has an area of 3962 m².
PROPOSAL The applicant proposes a two (2) lot torrens title subdivision on the site. It is proposed to divide the site into two (2) equal lots being 1981m² in size. Both lots will have access and frontage to Berrinda Close. Both lots will have a frontage of 12.935 metres to Berrinda Close. An easement of 2.5m to drain water is located on the southern lot. (A copy of the subdivision plan submitted with the application is included with this report as Attachment 2).
Council has not received an application to build any structures on the proposed lots, however, the applicant has advised Council that it is the property owner’s aim to construct single, detached dwellings on each of the lots. Footprints and possible house designs for the subdivided lots were also submitted to Council.
PLANNING ASSESSMENT The proposal has been assessed under the relevant matters for consideration detailed in Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as follows:
Section 79C(1)(a)(i) provisions of any environmental planning instrument
Local Environmental Plan The subject land is zoned 2(a) Residential under Maitland Local Environmental Plan 1993 (MLEP 1993) and the consent of Council is required to subdivide the land under the provisions of Clause 8 of the LEP. The proposal is not considered to be inconsistent with the zone objectives which state:
a) To provide for housing and associated facilities in locations of high amenity and accessibility. b) To enable development for purposes other than residential only if it is compatible with the character of the living area and has a domestic scale and character.
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DA 04-2863 Subdivision of one (1) Lot into Two (2) Lots Lot 80 DP 1056433 4 Berrinda Close Bolwarra Heights (Cont) c) To ensure that the development does not create unreasonable demands, in the present or in the future, for the provision or extension of public amenities or services.
Regional Environmental Plan The proposed development is consistent with the objectives and recommendations of the Hunter Regional Environmental Plan.
State Environmental Planning Policies Not Relevant Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition Not Relevant Section 79C(1)(a)(iii) any development control plan A number of Development Control Plans (DCPs) apply to the site, however, only DCPs 33 and 26 are relevant to the application.
DCP No. 33 – Subdivisions
DCP 33 provides guidelines for subdivisions which require the consent of Council. The DCP specifies a number of requirements which developers need to take account of when submitting an application and which Council needs to consider in the assessment of subdivision applications. These requirements include the provision of services, lot size and dimensions, solar access and energy efficiency, flora and fauna values, drainage, water quality and soil erosion, etc.
In regard to services and lot sizes, all utilities are available to service the land and the area of each lot exceeds the minimum lot size of 450m2 by a substantial margin. Suitable, large building envelopes are available on each lot. There are no minimum frontage requirements specified in DCP 33.
Each lot is oriented appropriately, and is of sufficient size with a suitable shape to enable a dwelling to be constructed which can take advantage of the northerly aspect available. Any future dwelling on the proposed lots will need to achieve a minimum 3.5 stars to ensure that the solar access and energy efficiency requirements of DCP 31 can be met.
No significant vegetation exists on the site, thus fauna/flora issues are not relevant in this case.
DCP 33 also states the following:
Resubdivision (torrens title) of any allotment within an existing residential zoned subdivision shall not be permitted as a ‘stand-alone’ proposal.
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DA 04-2863 Subdivision of one (1) Lot into Two (2) Lots Lot 80 DP 1056433 4 Berrinda Close Bolwarra Heights (Cont) Minimum lot sizes of 450m² will only be permitted in the following circumstances: -
* Where an overall subdivision masterplan or precinct plan has clearly identified the number, location and distribution of minimum 450m² lots throughout the subdivision/precinct. * Where the subdivision of minimum 450m² lots forms an integral part of a total design scheme for the land – incorporates the actual building designs, driveways, open space areas, cut/fill details, stormwater drainage plans, shadow diagrams etc and will relate to dual occupancy (attached or detached) and medium density housing developments.”
“In assessing an application for the resubdivision of an existing residential lot Council shall have regard to the circumstances and planning rationale that formed the basis for the creation of the parent lot subject to the application.
The proposed lots will be 1981m² in size and therefore far exceeds the minimum lot size of 450m². The surrounding lots, being those fronting Highway Way are of a similar size and can accommodate large single storey dwellings. Although Council has not received an application to build any structures on the proposed lots, footprints and possible house designs for the subdivided lots were also submitted to Council. These footprints and house designs clearly show that the houses proposed can be easily accommodated on the lots proposed. The lot sizes are large enough to still cater for the transition from the larger lots located at the rear of the estate to smaller lot sizes along the main access roads.
Development Control Plan No. 26 – West Bolwarra Heights
DCP No. 26 contains a number of objectives, guidelines and specific controls to be taken into account in the assessment of an application, and is largely directed at large scale subdivision applications. The proposed subdivision, however, has been assessed against the requirements specified in the DCP and is generally consistent with the objectives, guidelines, specific controls and planning principles contained within the document. Clause 4.3.2 of the DCP specifies, in part, that “ lots generally have an area of 800sqm capable of containing a building envelope measuring a minimum of 10m by 15m” and that “transition lots of a minimum of 4000sqm and 2000sqm are provided along the northern and eastern boundaries of the site respectively, to moderate the degree of change between rural-residential lots and residential sized lots”. In this regard, the proposed lots have an average area of 1981m2 and is within 1% of the required minimum of 2000m² of land known as the “Lot Size Transition Zone.” These lots are located on the boundary of the “transition zone” and generally comply with the requirements of the DCP. An extract from DCP No. 26 which shows the location of the lot size transition zone is included with this report as Attachment 3. While the lot sizes are considered appropriate in terms of their ability to accommodate a dwelling and associated improvements with minimal impact on adjoining lots, they do represent an allotment configuration size which varies from the lot layout in this immediate area as originally assessed by Council and proposed in the original estate subdivision.
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DA 04-2863 Subdivision of one (1) Lot into Two (2) Lots Lot 80 DP 1056433 4 Berrinda Close Bolwarra Heights (Cont) Lot sizes within the existing Hunterglenn Estate are generally in the order of 1,000 m2 ranging up to around 2,500m2, though four lots containing existing dual occupancy developments are smaller at approximately 500m2. These lot sizes are consistent with the principal objectives of the DCP which, in part, aim to “ enable the development of a housing estate that provides a range of housing types and allotment sizes to satisfy the varying accommodation needs of the community” and “to encourage innovation and diversification in subdivision patterns, site plans and building design”.
Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph) Not Relevant Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality The proposed subdivision will not have a significant impact on the amenity of the locality. Lot sizes, though slightly smaller than most lots in the locality, are consistent with lot sizes in the majority of newer subdivisions throughout the City. Most of the existing lots within the estate largely contain relatively substantial single-storey dwellings, though there are a few two storey dwellings scattered throughout the estate.
All utilities are available to service the land and the volume of traffic generated by future development on one extra allotment is not significant. Access to the lots is available from established streets within the existing residential area and the level of service is not expected to be affected.
Section 79C(1)(c) the suitability of the site for the development There are no constraints known to Council which could prevent the development from proceeding. The subject land is above the 1:100 flood level and the land is considered suitable for the development.
Section 79C(1)(d) any submissions made in accordance with this act or the regulations
Public Submissions The development application and accompanying information were placed on public exhibition for a period of 30 days from 13th June 2005 to 12th July 2005. As a result of the notification process, a total of 2 submissions were received and are provided as Attachment 3 this report.
The main issues raised by the objectors are summarised below and comment provided: We are strongly opposed to re-subdivision in this area and believe that the proposed resubdivision is not In keeping with the original planning for that Lot. Page 129 ORDINARY MEETING AGENDA 24 JANUARY, 2006
DA 04-2863 Subdivision of one (1) Lot into Two (2) Lots Lot 80 DP 1056433 4 Berrinda Close Bolwarra Heights (Cont) It is our firm belief that the re-subdivision of 4 Berrinda Close, and for that matter, other Lots within Hunterglenn Estate is not consistent with the planning rationale that formed the basis for the creation of the parent lot(s). Planner's Comment The character of the estate will not be significantly affected by this subdivision proposal. The subject lots are relatively large compared with many in the Maitland LGA and are of an adequate shape to permit dwellings to be constructed without detrimentally affecting the natural and built environment in the locality. Another concern to us is the loss of privacy which we will suffer if the plan proceeds for the dwelling on proposed Lot 802. Our main outdoor entertaining area…..faces the rear of ‘802’.
Planner's Comment The sizes of the lots proposed are large and are similar to lot sizes in the surrounding area. Any dwelling proposed on these lots will be subject to Council’s normal approval process. We believe we had a fair and reasonable expectation based on what we were led to believe by the developer, that Lot 80 would remain a large ‘lifestyle size’ block. We believe that the developers should not be allowed to re- subdivide/re-develop lots where they have sold to buyer and buyers believe the plans of original subdivision to be ‘black and white’.
Planner's Comment The subject land is not affected by the “Lot Size Transition Zone” requirements specified in Development Control Plan No. 26, as discussed earlier in this report.
Even though the proponent has provided options for dwellings that may be utilised if the re-subdivision is approved, they are indicative designs only. 4 Berrinda Close does not have any designated building envelopes, nor any other restrictions imposed under 88B Instruments, unlike other lots in the immediate vicinity of that lot. Even though the land is zoned 2(a) Residential under Maitland LEP 1993, it is bounded in part by Lots in the Lot Transition Zone (LTZ). Lots in the LTZ have a number of Restrictions on the Use of the Land, including designated building envelopes. Planner's Comment Designated building envelopes for the proposed lots have not been proposed. However, the size of the lots will be able to adequately cater for large single storey dwelling that provides access to the rear.
Submissions from public authorities The application was referred to the Rural Fire Service seeking General Terms of Approval for the development in relation to the requirements for a Bush Fire Safety
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DA 04-2863 Subdivision of one (1) Lot into Two (2) Lots Lot 80 DP 1056433 4 Berrinda Close Bolwarra Heights (Cont) Authority under section 100B of the Rural Fires Act 1997. The NSW Rural Fire Service advised the following:
“Based upon an assessment of the plans and documentation received for the proposal, the NSW Rural Fire Service is prepared to grant a Bush Fire Safety Authority with no specific conditions.” Section 79C(1)(e) the public interest The proposed development is a standard residential development which is unlikely to have any detrimental effects. There are no State or Federal government policies which are relevant to the application, thus the proposal is not contrary to the public interest.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS Statutory implications relating to assessment of the subject application have been addressed in the body of the report
CONCLUSION An assessment of the application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as amended. The proposed development is considered satisfactory in terms of the relevant matters for consideration under the Act and the development application is recommended for approval.
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DA 04-2863 Subdivision of one (1) Lot into Two (2) Lots Lot 80 DP 1056433 4 Berrinda Close Bolwarra Heights (Cont)
SCHEDULE OF CONDITIONS
COMPLIANCE Reason: The following condition(s) have been applied to confirm and clarify the terms of Council’s Approval.
1 The proposed development is to be carried out strictly in accordance with the plans and documentation submitted with the application and any amendments to those plans arising through conditions to this consent.
LANDSCAPING Reason: The following condition(s) have been applied to ensure that adequate provision is made for the landscaping of the site in association with the proposed development, to enhance the external appearance of the development, and to ensure that existing and proposed landscaped areas are appropriately maintained.
2 No tree exceeding 3 metres in height or having a branch spread of 3 metres or more in diameter is to be removed from the subject land unless: i) The removal is essential in order for the development under this consent to proceed; and ii) Consent to the removal of the tree(s) has been granted by Council in accordance with Clause 29 of the Maitland Local Environmental Plan, 1993.
UTILITY SERVICES Reason: The following condition(s) have been applied to ensure that adequate utility installations are provided to the site to serve the development and to satisfy the requirements of the various servicing authorities.
3 A Certificate under Section 50 of the Hunter Water Corporatisation Act, 1991, shall be obtained prior to endorsement of the final survey plan. Applications for Section 50 Certificates are to be made direct to the Hunter Water Corporation.
4 Water and sewerage facilities are to be provided to each allotment within the proposed subdivision.
CONTRIBUTIONS/FEES Reason: The following condition(s) have been applied to ensure that: i) Where the proposed development results in an increased demand for public amenities and services, payment towards the cost of providing these facilities/services is made in accordance with Councils adopted contributions
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DA 04-2863 Subdivision of one (1) Lot into Two (2) Lots Lot 80 DP 1056433 4 Berrinda Close Bolwarra Heights (Cont) plan prepared via the provisions of section 94 of the Environmental Planning and Assessment Act, 1979. ii) Council's administration expenses are met with respect to the processing of the application.
5 The payment of a monetary contribution in accordance with Council's policy adopted on the 1st September, 1995 for the Provision of Recreational Open Space, Recreational Facilities and Community Facilities for land within the Maitland Local Government Area as follows:-
City Wide 1. Community Amenities & Services $1422 2. Recreation & Open Space $553 3. Cycleway $129 5. Urban Roads $56 6. Administration $159 Sector $620 TOTAL $2939
NOTE: The above rates are effective from 1st January 2006, and will be subject to inflation adjustment, calculated as at the date of payment. The method of adjustment shall be based on the Implicit Price Deflator (Total Public Gross Fixed Capital Expenditure) as published by the Australian Bureau of Census and Statistics.
The above payment is to be made prior to issue of the subdivision certificate.
6 A subdivision certificate endorsement fee and a house numbering fee applicable at the time of release of plans shall be paid to Council prior to the release of the plan. (currently $220.00 and $10.00 respectively)
GENERAL PROVISIONS Reason: The objectives of the following conditions is to draw to the attention of the applicant and owner their responsibilities to comply with various provisions of the Environmental Planning and Assessment Act, 1979, Environmental Planning and Assessment Regulations, 2000, Local Government Act 1993; Regulations; Building Code of Australia and Local Policies relating to building construction and maintenance.
7 A final plan of survey and three (3) copies shall be submitted to Council for endorsement by the Council.
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DA 04-2863 Subdivision of one (1) Lot into Two (2) Lots Lot 80 DP 1056433 4 Berrinda Close Bolwarra Heights (Cont)
Officers Reports
Proposed subdivision at 4 Berrinda Close Bolwarra Heights
Locality Plan
Meeting Date: 24 January 2006
Attachment No : 1
Number of Pages : 1
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DA 04-2863 Subdivision of one (1) Lot into Two (2) Lots Lot 80 DP 1056433 4 Berrinda Close Bolwarra Heights (Cont)
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DA 04-2863 Subdivision of one (1) Lot into Two (2) Lots Lot 80 DP 1056433 4 Berrinda Close Bolwarra Heights (Cont)
Officers Reports
Proposed subdivision at 4 Berrinda Close Bolwarra Heights
Subdivision Plan
Meeting Date: 24 January 2006
Attachment No : 2
Number of Pages : 1
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DA 04-2863 Subdivision of one (1) Lot into Two (2) Lots Lot 80 DP 1056433 4 Berrinda Close Bolwarra Heights (Cont)
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DA 04-2863 Subdivision of one (1) Lot into Two (2) Lots Lot 80 DP 1056433 4 Berrinda Close Bolwarra Heights (Cont)
Officers Reports
Proposed subdivision at 4 Berrinda Close Bolwarra Heights
Submissions
Meeting Date: 24 January 2006
Attachment No : 3
Number of Pages : 7
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DA 04-2863 Subdivision of one (1) Lot into Two (2) Lots Lot 80 DP 1056433 4 Berrinda Close Bolwarra Heights (Cont)
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DA 04-2863 Subdivision of one (1) Lot into Two (2) Lots Lot 80 DP 1056433 4 Berrinda Close Bolwarra Heights (Cont)
Officers Reports
Proposed subdivision at 4 Berrinda Close Bolwarra Heights
Extract from DCP No. 26 West Bolwarra Heights
Meeting Date: 24 January 2006
Attachment No : 4
Number of Pages : 1
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DA 04-2863 Subdivision of one (1) Lot into Two (2) Lots Lot 80 DP 1056433 4 Berrinda Close Bolwarra Heights (Cont)
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9.2.4 DA 04-3067 SUBDIVISION OF ONE (1) LOT INTO TWO (2) LOTS LOT 97 DP 1056433 7 LINWOOD CLOSE BOLWARRA HEIGHTS RECOMMENDATION: APPROVAL
File No: 04-3067 Attachments: Locality Plan Subdivision Plan Submission Extract from DCP No. 26 West Bolwarra Heights
Responsible Officer: David Simm Manager Development and Environment Author: Tanya Gurieff Senior Town Planner Major Projects Applicant: Pulver Cooper and Blackley Proposal: Subdivision - One (1) Lot into Two (2) Lots Location: Bolwarra Heights Zone: 2(a) Residential
EXECUTIVE SUMMARY Development consent is sought from Council for the Subdivision of One (1) Lot into Two (2) Lots at 7 Linwood Close Bolwarra Heights. The subject land is zoned 2(a) Residential under Maitland Local Environmental Plan, 1993.
Clause 8 of the Maitland Local Environmental Plan 1993 requires consent of Council for any subdivision within the Maitland local government area. Subdivision is a permissible form of development in the 2(a) Residential zone with Council consent and is not inconsistent with the objectives of the zone.
The proposal was advertised for a period of fourteen (14) days and one (1) submission was received. The main issues raised are the resubdivision of land is not in keeping with the original subdivision DCP, detract value from property and does not satisfy the requirements of the DCP regarding re-subdivision. These issues are addressed in the body of the report.
The application has been assessed under the provisions of the Environmental Planning and Assessment Act 1979 and is recommended for approval subject to conditions of consent.
OFFICER'S RECOMMENDATION THAT:
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DA 04-3067 Subdivision of One (1) Lot into Two (2) Lots Lot 97 DP 1056433 7 Linwood Close Bolwarra Heights (Cont) DA 04-3067 for Subdivision of One (1) Lot into Two (2) Lots on Lot 97, DP 1056433 7 Linwood Close Bolwarra Heights be approved, subject to the conditions of consent set out in the attached schedule.
REPORT
INTRODUCTION The subject site is located at Lot 97 DP 1056433, 7 Linwood Close Bolwarra Heights. The subject site is vacant and has frontage and access to Linwood Close. The subject site is zoned 2(a) residential and has an area of 4457 m².
PROPOSAL The applicant proposes a two (2) lot torrens title subdivision on the site. It is proposed to divide the site into two (2) equal lots being 2228m² in size. Both lots will have access and frontage to Linwood Close. Both lots will have a frontage of 8.875 metres to Linwood Close. (A copy of the subdivision plan submitted with the application is included with this report as Attachment 2).
Council has not received an application to build any structures on the proposed lots, however, the applicant has advised Council that it is the property owner’s aim to construct single, detached dwellings on each of the lots. Footprints and possible house designs for the subdivided lots were also submitted to Council.
PLANNING ASSESSMENT The proposal has been assessed under the relevant matters for consideration detailed in Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as follows:
Section 79C(1)(a)(i) provisions of any environmental planning instrument
Local Environmental Plan The subject land is zoned 2(a) Residential under Maitland Local Environmental Plan 1993 (MLEP 1993) and the consent of Council is required to subdivide the land under the provisions of Clause 8 of the LEP. The proposal is not considered to be inconsistent with the zone objectives which state:
a) To provide for housing and associated facilities in locations of high amenity and accessibility. b) To enable development for purposes other than residential only if it is compatible with the character of the living area and has a domestic scale and character. c) To ensure that the development does not create unreasonable demands, in the present or in the future, for the provision or extension of public amenities or services.
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DA 04-3067 Subdivision of One (1) Lot into Two (2) Lots Lot 97 DP 1056433 7 Linwood Close Bolwarra Heights (Cont)
Regional Environmental Plan The proposed development is consistent with the objectives and recommendations of the Hunter Regional Environmental Plan.
State Environmental Planning Policies Not Relevant Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition Not Relevant Section 79C(1)(a)(iii) any development control plan A number of Development Control Plans (DCPs) apply to the site, however, only DCPs 33 and 26 are relevant to the application.
DCP No. 33 – Subdivisions
DCP 33 provides guidelines for subdivisions which require the consent of Council. The DCP specifies a number of requirements which developers need to take account of when submitting an application and which Council needs to consider in the assessment of subdivision applications. These requirements include the provision of services, lot size and dimensions, solar access and energy efficiency, flora and fauna values, drainage, water quality and soil erosion, etc.
In regard to services and lot sizes, all utilities are available to service the land and the area of each lot exceeds the minimum lot size of 450m2 by a substantial margin. Suitable, large building envelopes are available on each lot. There are no minimum frontage requirements specified in DCP 33.
Each lot is oriented appropriately, and is of sufficient size with a suitable shape to enable a dwelling to be constructed which can take advantage of the northerly aspect available. Any future dwelling on the proposed lots will need to achieve a minimum 3.5 stars to ensure that the solar access and energy efficiency requirements of DCP 31 can be met.
No significant vegetation exists on the site, thus fauna/flora issues are not relevant in this case.
DCP 33 also states the following:
Resubdivision (torrens title) of any allotment within an existing residential zoned subdivision shall not be permitted as a ‘stand-alone’ proposal.
Minimum lot sizes of 450m² will only be permitted in the following circumstances: -
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DA 04-3067 Subdivision of One (1) Lot into Two (2) Lots Lot 97 DP 1056433 7 Linwood Close Bolwarra Heights (Cont) * Where an overall subdivision masterplan or precinct plan has clearly identified the number, location and distribution of minimum 450m² lots throughout the subdivision/precinct. * Where the subdivision of minimum 450m² lots forms an integral part of a total design scheme for the land – incorporates the actual building designs, driveways, open space areas, cut/fill details, stormwater drainage plans, shadow diagrams etc and will relate to dual occupancy (attached or detached) and medium density housing developments.”
“In assessing an application for the resubdivision of an existing residential lot Council shall have regard to the circumstances and planning rationale that formed the basis for the creation of the parent lot subject to the application.
The proposed lots will be 2228m² in size and therefore far exceeds the minimum lot size of 450m². The surrounding lots, being those fronting Linwood Close are of a similar size and can accommodate large single storey dwellings. Although Council has not received an application to build any structures on the proposed lots, footprints and possible house designs for the subdivided lots were also submitted to Council. These footprints and house designs clearly show that the houses proposed can be easily accommodated on the lots proposed. The lot sizes are large enough to still cater for the transition from the larger lots located at the rear of the estate to smaller lot sizes along the main access roads.
Development Control Plan No. 26 – West Bolwarra Heights
DCP No. 26 contains a number of objectives, guidelines and specific controls to be taken into account in the assessment of an application, and is largely directed at large scale subdivision applications. The proposed subdivision, however, has been assessed against the requirements specified in the DCP and is generally consistent with the objectives, guidelines, specific controls and planning principles contained within the document. Clause 4.3.2 of the DCP specifies, in part, that “ lots generally have an area of 800sqm capable of containing a building envelope measuring a minimum of 10m by 15m” and that “transition lots of a minimum of 4000sqm and 2000sqm are provided along the northern and eastern boundaries of the site respectively, to moderate the degree of change between rural-residential lots and residential sized lots”. In this regard, the proposed lots have an average area of 2228m2. These lots are located on the boundary of the “transition zone” and generally comply with the requirements of the DCP. An extract from DCP No. 26 which shows the location of the lot size transition zone is included with this report as Attachment 3. While the lot sizes are considered appropriate in terms of their ability to accommodate a dwelling and associated improvements with minimal impact on adjoining lots, they do represent an allotment configuration size which varies from the lot layout in this immediate area as originally assessed by Council and proposed in the original estate subdivision.
Lot sizes within the existing Hunterglenn Estate are generally in the order of 1,000 m2 ranging up to around 2,500m2, though four lots containing existing dual occupancy developments are smaller at approximately 500m2. These lot sizes are consistent with the principal objectives of the DCP which, in part, aim to “ enable the
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DA 04-3067 Subdivision of One (1) Lot into Two (2) Lots Lot 97 DP 1056433 7 Linwood Close Bolwarra Heights (Cont) development of a housing estate that provides a range of housing types and allotment sizes to satisfy the varying accommodation needs of the community” and “to encourage innovation and diversification in subdivision patterns, site plans and building design”. Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph) Not Relevant Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality The proposed subdivision will not have a significant impact on the amenity of the locality. Lot sizes, though slightly smaller than most lots in the locality, are consistent with lot sizes in the majority of newer subdivisions throughout the City. Most of the existing lots within the estate largely contain relatively substantial single-storey dwellings, though there are a few two storey dwellings scattered throughout the estate.
All utilities are available to service the land and the volume of traffic generated by future development on one extra allotment is not significant. Access to the lots is available from established streets within the existing residential area and the level of service is not expected to be affected.
Section 79C(1)(c) the suitability of the site for the development There are no constraints known to Council which could prevent the development from proceeding. The subject land is above the 1:100 flood level and the land is considered suitable for the development.
Section 79C(1)(d) any submissions made in accordance with this act or the regulations
Public Submissions The development application and accompanying information were placed on public exhibition for a period of 14 days from 13 June 2005 to 27 June 2005. As a result of the notification process, a total of 1 submission was received and are provided as Attachment 3 this report.
The main issues raised by the objectors are summarised below and comment provided: The original community approved subdivision was approved for land blocks as originally sized. We do not believe that the subdivision of this block into 2 smaller blocks is in keeping with the original subdivision DCP.
Planner's Comment
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DA 04-3067 Subdivision of One (1) Lot into Two (2) Lots Lot 97 DP 1056433 7 Linwood Close Bolwarra Heights (Cont) The character of the estate will not be significantly affected by this subdivision proposal. The subject lots are relatively large compared with many in the Maitland LGA and are of an adequate shape to permit dwellings to be constructed without detrimentally affecting the natural and built environment in the locality.
We believe that the subdivision will detract value from both our property as well as neighbouring properties.
Planner's Comment Council has no evidence available which suggests that the subdivision of the land in the manner proposed will affect property values in the area. As a residential subdivision, and given that the size of the lots average over 800 m2, the proposal should not detrimentally affect the amenity of the locality.
We also feel that the proposed subdivision does not clearly satisfy the requirements of the DCP regarding re-subdivisions.
Planner's Comment Issues relating to the requirements of the DCP have been addressed in the body of the report.
Submissions from public authorities Not Relevant Section 79C(1)(e) the public interest The proposed development is a standard residential development which is unlikely to have any detrimental effects. There are no State or Federal government policies which are relevant to the application, thus the proposal is not contrary to the public interest.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS Statutory implications relating to assessment of the subject application have been addressed in the body of the report
CONCLUSION An assessment of the application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as amended. The proposed
Page 153 ORDINARY MEETING AGENDA 24 JANUARY, 2006
DA 04-3067 Subdivision of One (1) Lot into Two (2) Lots Lot 97 DP 1056433 7 Linwood Close Bolwarra Heights (Cont) development is considered satisfactory in terms of the relevant matters for consideration under the Act and the development application is recommended for approval.
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DA 04-3067 Subdivision of One (1) Lot into Two (2) Lots Lot 97 DP 1056433 7 Linwood Close Bolwarra Heights (Cont)
SCHEDULE OF CONDITIONS
COMPLIANCE Reason: The following condition(s) have been applied to confirm and clarify the terms of Council’s Approval.
1 The proposed development is to be carried out strictly in accordance with the plans and documentation submitted with the application and any amendments to those plans arising through conditions to this consent.
LANDSCAPING Reason: The following condition(s) have been applied to ensure that adequate provision is made for the landscaping of the site in association with the proposed development, to enhance the external appearance of the development, and to ensure that existing and proposed landscaped areas are appropriately maintained.
2 No tree exceeding 3 metres in height or having a branch spread of 3 metres or more in diameter is to be removed from the subject land unless: i) The removal is essential in order for the development under this consent to proceed; and ii) Consent to the removal of the tree(s) has been granted by Council in accordance with Clause 29 of the Maitland Local Environmental Plan, 1993.
UTILITY SERVICES Reason: The following condition(s) have been applied to ensure that adequate utility installations are provided to the site to serve the development and to satisfy the requirements of the various servicing authorities.
3 A Certificate under Section 50 of the Hunter Water Corporatisation Act, 1991, shall be obtained prior to endorsement of the final survey plan. Applications for Section 50 Certificates are to be made direct to the Hunter Water Corporation.
4 Water and sewerage facilities are to be provided to each allotment within the proposed subdivision.
CONTRIBUTIONS/FEES Reason: The following condition(s) have been applied to ensure that: i) Where the proposed development results in an increased demand for public amenities and services, payment towards the cost of providing these facilities/services is made in accordance with Councils adopted contributions
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DA 04-3067 Subdivision of One (1) Lot into Two (2) Lots Lot 97 DP 1056433 7 Linwood Close Bolwarra Heights (Cont) plan prepared via the provisions of section 94 of the Environmental Planning and Assessment Act, 1979. ii) Council's administration expenses are met with respect to the processing of the application.
5 The payment of a monetary contribution in accordance with Council's policy adopted on the 1st September, 1995 for the Provision of Recreational Open Space, Recreational Facilities and Community Facilities for land within the Maitland Local Government Area as follows:-
City Wide 1. Community Amenities & Services $1422 2. Recreation & Open Space $553 3. Cycleway $129 5. Urban Roads $56 6. Administration $159 Sector $620 TOTAL $2939
NOTE: The above rates are effective from 1st January 2006, and will be subject to inflation adjustment, calculated as at the date of payment. The method of adjustment shall be based on the Implicit Price Deflator (Total Public Gross Fixed Capital Expenditure) as published by the Australian Bureau of Census and Statistics.
The above payment is to be made prior to issue of the subdivision certificate.
6 A subdivision certificate endorsement fee and a house numbering fee applicable at the time of release of plans shall be paid to Council prior to the release of the plan. (currently $220.00 and $10.00 respectively)
GENERAL PROVISIONS Reason: The objectives of the following conditions is to draw to the attention of the applicant and owner their responsibilities to comply with various provisions of the Environmental Planning and Assessment Act, 1979, Environmental Planning and Assessment Regulations, 2000, Local Government Act 1993; Regulations; Building Code of Australia and Local Policies relating to building construction and maintenance.
7 A final plan of survey and three (3) copies shall be submitted to Council for endorsement by the Council.
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DA 04-3067 Subdivision of One (1) Lot into Two (2) Lots Lot 97 DP 1056433 7 Linwood Close Bolwarra Heights (Cont)
Officers Reports
Proposed subdivision at 7 Linwood Close Bolwarra Heights
Locality Plan
Meeting Date: 24 January 2006
Attachment No : 1
Number of Pages : 1
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DA 04-3067 Subdivision of One (1) Lot into Two (2) Lots Lot 97 DP 1056433 7 Linwood Close Bolwarra Heights (Cont)
Officers Reports
Proposed subdivision at 7 Linwood Close Bolwarra Heights
Subdivision Plan
Meeting Date: 24 January 2006
Attachment No : 2
Number of Pages : 1
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DA 04-3067 Subdivision of One (1) Lot into Two (2) Lots Lot 97 DP 1056433 7 Linwood Close Bolwarra Heights (Cont)
Officers Reports
Proposed subdivision at 7 Linwood Close Bolwarra Heights
Submission
Meeting Date: 24 January 2006
Attachment No : 3
Number of Pages : 1
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Officers Reports
Proposed subdivision at 7 Linwood Close Bolwarra Heights
Extract from DCP No. 26 West Bolwarra Heights
Meeting Date: 24 January 2006
Attachment No : 4
Number of Pages : 1
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9.2.5 DA 05-357 NINETY TWO LOT TORRENS TITLE SUBDIVISION LOT 102, DP 1065984, MT VINCENT, ROAD EAST MAITLAND RECOMMENDATION: APPROVAL
File No: DA 05-357 Attachments Additional Information Submitted Council Report 13th December 2005 Locality Plan Development Plan
Responsible Officer: David Simm Manager - Approvals & Regulatory Author: Shannon Sullivan Town Planner Applicant: ACM Landmark Pty Ltd Proposal: Ninety Two Lot Torrens title Subdivision Location: Mount Vincent Road, East Maitland Zone: 1(b) Second Rural Land 1(c) Rural Small Holdings 2(a) Residential
EXECUTIVE SUMMARY Development consent is sought from Council for Ninety Two Lot Torrens Title Subdivision at Lot 102, DP 1065984, Mt Vincent Road East Maitland. The subject land is zoned 1(b) Second Rural Land, 1(c) Rural Small Holdings, and 2(a) Residential under Maitland Local Environmental Plan, 1993. Subdivision is a permissible form of development in the 1(b) Second Rural Land, 1(c) Rural Small Holdings, 2(a) Residential Zone with Council consent and is consistent with the objectives of the zone.
The development application was tabled to the 13 December 2005 Meeting of Council for determination. The resolution at the meeting was for the application to be deferred pending the amendment of the proposed subdivision as follows: • Residential allotments fronting Mount Vincent Road shall be at least 2000 square metres in size, which have regard to the character of adjoining development to the North West of Mount Vincent Road. • Residential allotments fronting Mount Vincent Road shall not gain direct access to Mount Vincent Road, but are to gain access via an internal road. • Standard residential allotments within the development are to have an average lot size consistent with the adjacent residential allotments within Ashton Grove Estate. • The boundary line for proposed Lot 2 shall be consistent with the zoning boundary for the 1(c) portion of the site. • Further investigation and identification of building envelopes, and the retention of existing vegetation within the proposed lots fronting Mount Vincent Road.
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DA 05-357 Ninety Two Lot Torrens Title Subdivision Lot 102, DP 1065984, Mt Vincent Road East Maitland (Cont) • Clarification of drainage and overland flow issues from Lot 1 DP 1065985 and Lot 101 DP 1065984. In response the applicant has maintained the same proposed subdivision layout and submitted additional information outlining the planning merit of the current proposal, with the issues considered below.
OFFICER'S RECOMMENDATION THAT:
DA 05-357 for Ninety Two Lot Torrens Title Subdivision on Lot 102, DP 1065984, Mt Vincent Road, East Maitland be approved, subject to the conditions of consent set out in the attached schedule.
REPORT The scope of this report is to consider the additional detail submitted in support of the proposed development and determine an application to subdivide Lot 102, DP 1056984 into Ninety Two allotments. The applicant has commenced Class 1 proceedings with the Land and Environment Court, and if the application is not determined by Council will proceed to have the matter determined through the court.
PROPOSAL As requested at the December 13, 2005 Meeting of Council, the application has submitted additional information addressing the tabled issues. Attachment No.1 contains the complete submission made by ACM Landmark, with the details summarised below. The applicant has sought to clarify the issues raised within the resolution moved at the 13 December 2005 Meeting of Council. The applicant has not submitted an amended subdivision layout, but requests Council to reconsider the planning merit of the application as submitted based upon the supplementary information.
• Residential allotments fronting Mount Vincent Road shall be at least 2000 square metres in size, which have regard to the character of adjoining development to the North West of Mount Vincent Road. The applicant has reiterated that the lot sizes fronting Mount Vincent Road are generous for land zoned 2(a) and will create a rural streetscape to Mount Vincent Road that mirrors the existing scale of development to the north-western side of the road. The applicant considers that the proposed lots, being 1712 square metres to 1900 square metres in size, meets Council’s objective of the visual rural environment along Mount Vincent Road. The lot sizes proposed were reached through negotiation with Council staff and gained the support of the professional staff when being reported to Council. There are no planning grounds by which Council can require the applicant to create lots in excess of 2000 square metres.
• Residential allotments fronting Mount Vincent Road shall not gain direct access to Mount Vincent Road, but are to gain access via an internal road. The traffic impact, of the identified six proposed lots, from gaining direct access to Mount Vincent Road is considered to be acceptable. The impact of potentially
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DA 05-357 Ninety Two Lot Torrens Title Subdivision Lot 102, DP 1065984, Mt Vincent Road East Maitland (Cont) creating allotments with two street frontages and a future ‘back of house’ streetscape is undesirable. Allotments in excess of 1700 square metres with two street frontages would enhance the capability of individual or amalgamated sites to be further subdivided.
• Standard residential allotments within the development are to have an average lot size consistent with the adjacent residential allotments within Ashton Grove Estate. The lot yield created as a result of the subdivision is consistent with similar subdivisions. The lot yield for the overall subdivision is exaggerated by the inclusion of larger lots, however the lot yield for the standard residential allotments is considered to be consistent with the Maitland Urban Settlement Strategy and the standards identified by the Department for residential subdivisions. There is limited support within the matters for consideration identified within Section 79C(1) of the EP&A Act 1979 for Council to pursue the creation of larger lots in regard to this application for subdivision.
• The boundary line for proposed Lot 2 shall be consistent with the zoning boundary for the 1(c) portion of the site. The identified variation to the zoning boundary between the 1(c) and 2(a) areas of the site will impact upon proposed Lot 11. The variation of this boundary does not prejudice the ability of the two 1(c) lots to achieve the minimum lot size identified within the LEP. Enacting Clause 46(2) to vary the zone boundary by 20 metres is permissible and it is consider acceptable on the merits of the application.
• Further investigation and identification of building envelopes, and the retention of existing vegetation within the proposed lots fronting Mount Vincent Road. The applicant is accepting of the creation of building envelopes upon parcels fronting Mount Vincent Road. Council can nominate a size for the building envelopes as part of the Consent Conditions if it is desired. The location of these building envelopes can be finalised as part of the final plan of subdivision. The applicant is accepting of restrictive covenants under Section 88B of the Conveyancing Act for building envelopes, which then restricts the removal of vegetation outside of the identified building envelope.
• Clarification of drainage and overland flow issues from Lot 1 DP 1065985 and Lot 101 DP 1065984. At this time the manner in which the existing overland flow and drainage from Lot 1 DP 1065985 and Lot 101 DP 1065984 has not been specifically designed. The general practice for the subdivision of adjacent parcels that may be impacted upon by existing drainage issues is through the creation of inter-allotment drainage and the registering of subsequent easements. Conditions of Consent require the application to undertake such works and this is supported by Council staff.
FINANCIAL IMPLICATIONS The applicant has commenced Class 1 proceedings with the Land and Environment Court, and if the application is not supported in the current form Council may incur costs.
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DA 05-357 Ninety Two Lot Torrens Title Subdivision Lot 102, DP 1065984, Mt Vincent Road East Maitland (Cont) POLICY IMPLICATIONS This matter has no specific policy implications for Council.
CONCLUSION An assessment of the application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as amended. The proposed development is considered satisfactory in terms of the relevant matters for consideration under the Act and the development application is recommended for approval.
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DA 05-357 Ninety Two Lot Torrens Title Subdivision Lot 102, DP 1065984, Mt Vincent Road East Maitland (Cont)
SCHEDULE OF CONDITIONS CONDITIONS Development Application No. 05-357
Reason for Conditions The following condition(s) have been applied to the development, subject of this consent, to ensure that the development meets the requirements of the NSW Environmental Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment Regulation 2000, and the various policies and development controls of Maitland City Council and other government agencies relevant to the development being undertaken.
Approved Plans and Documentation
8 The development shall be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule and any amendments arising through conditions to this consent or as shown in red colour on the plans:
Plan Ref: Plan No. Amend Date. Prepared by. No . 678E03 1 of 1 E 9.9.05 ACM Landmark
Contributions & Fees
9 Prior to the issue of the Subdivision Certificate the following contribution shall be paid in accordance with the Maitland Section 94 Contributions Plan 1995 (adopted 1 September, 1995):
City Wide
1. Community Amenities and Services $ 124290 2. Recreation and Open Space $ 48330 3. Cycleways $ 11340 4. Bushfire Services $ 6750 5. Urban Roads $ 4860 6. Administration $ 13860
East Sector $ 53640
TOTAL $ 263070
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DA 05-357 Ninety Two Lot Torrens Title Subdivision Lot 102, DP 1065984, Mt Vincent Road East Maitland (Cont)
Note: The Section 94 contributions are adjusted annually from 1 January in accordance with the Consumer Price Index (All Ordinaries Sydney) as published by the Australian Bureau of Statistics. The contribution paid shall be at the rate applicable at the date of payment.
10 Prior to the issue of the Subdivision Certificate, “house numbering” and “subdivision certificate” fees, in accordance with the Fees and Charges policy, shall be paid to Council.
Utility Services
11 Underground water, sewerage, electrical power and telecommunication infrastructure shall be provided to each lot within the proposed subdivision.
12 Roadway and pathway lighting shall be provided in accordance with Australian Standard AS 1158; adopting categories P4 (collector roads) & P5 (local roads) for the appropriate road type within the subdivision, providing metered lighting for pedestrian paths & pathways, where necessary providing luminaires that minimise glare, (such as “Aeroscreen” or similar type), adopting category V intersection lighting at Mt Vincent Rd.
13 Prior to issue of the Subdivision Certificate, a certificate under Section 50 of the Hunter Water Act shall be submitted to Council.
14 Prior to issue of the Subdivision Certificate, documentary evidence from Energy Australia and Telstra confirming that satisfactory arrangements have been made for the installation of infrastructure services shall be submitted to Council.
Vegetation & Landscaping
15 Prior to the issue of the Construction Certificate a detailed “landscape plan”, in accordance with Council’s guidelines showing proposed street plantings, shall be submitted to Council for approval. The plan shall detail the type of species, and the mature height and spread.
16 Prior to the issue of the Construction Certificate a detailed “vegetation removal plan” shall be submitted to Council for approval.
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DA 05-357 Ninety Two Lot Torrens Title Subdivision Lot 102, DP 1065984, Mt Vincent Road East Maitland (Cont) 17 Prior to the issue of the Subdivision Certificate the site shall be cleared: of all trees: within the road reserve along proposed lot boundaries within approved envelopes for building and surrounding “clear-zones” of selected nominated trees: within the public reserve along the recreational linkage in accordance with the approved “vegetation removal plan”.
18 Prior to issue of the Subdivision Certificate, all environmental weeds shall be removed from or destroyed within the proposed public reserve and within the banks of the creek.
19 Prior to issue of the Subdivision Certificate, fencing upon allotments to the Mount Vincent Road boundary shall be completed in the form of open rural type fencing, being post and rail or the like, to the satisfaction of Council.
Fauna
20 Prior to commencement of works, a qualified ecologist shall inspect, supervise and report to Council regarding the removal and relocation of any threatened fauna species, which in the opinion of the ecologist require such treatment.
Bushfire
21 Prior to issue of the Subdivision Certificate, an Asset Protection Zone (APZ) shall be created in accordance with the requirements of the Rural Fire Service.
General Provisions
22 A plan of survey (Subdivision Certificate) and two copies shall be submitted to Council for endorsement.
23 Prior to issue of the Construction Certificate, application (together with a plan) shall be made, and submitted to Council, for road names. The suggestions shall be supported with reasons for the chosen names.
24 Prior to issue of the Subdivision Certificate, two copies of a geotechnical report, classifying each lot in accordance with the procedures established in Australian Standard AS 2870, shall be submitted to Council.
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DA 05-357 Ninety Two Lot Torrens Title Subdivision Lot 102, DP 1065984, Mt Vincent Road East Maitland (Cont)
Roads & Paths
25 Kerb and gutter and road construction with an asphaltic concrete wearing surface of all proposed roads, including all necessary stormwater drainage and infrastructure facilities, shall be provided in accordance with Council’s Manual of Engineering Standards.
26 Wilton Drive shall be designed and constructed to service all potential lot- catchments, in accordance with Council’s Manual of Engineering Standards.
27 The intersection of Wilton Drive and Mt Vincent Road shall be constructed as a roundabout, in accordance with RTA standards and Council’s Manual of Engineering Standards.
28 The intersection of Johnson Drive and Mt Vincent Road shall be constructed as a “left-in/left-out” type, controlled by a raised median (approximately 45m long) within Mt Vincent Rd. Pavement widening shall be provided to cater for the median and travel lanes. A “left-in” deceleration lane and “left-out” pavement taper shall be provided in accordance with Council’s Manual of Engineering Standards. The two existing trees on the western side of Mt Vincent Rd, adjacent to the median shall be removed.
29 A bus stop and shelter shall be provided in Mt Vincent Road, at a point on the site frontage determined by Council, in accordance with Austroads standards, and Council and ‘Blue Ribbon Coaches’ company standard requirements.
30 The existing road reserve in Mt Vincent Rd shall be widened within the subject site, to provide a general overall width of 24m, as determined by the design alignment of Mt Vincent Rd. The land shall be dedicated as public road reserve at no cost to Council, as part of the Subdivision Certificate.
31 Road pavements in Pomax Close, Bittern Close and Gahnia Cove shall be provided to adequately cater for turning path manoeuvres for Heavy Rigid Vehicles in accordance with Australian Standards. Footways shall be provided in Pomax Close, adjacent to lot 86, 55 & 52.
32 Concrete pedestrian/cycle paths shall be provided in accordance with Council's Manual Of Engineering Standards as follows: 2.5m wide along the Mt Vincent Road verge frontage, making connection with the existing path on lot 4034 DP1007813 2.0m wide through the proposed drainage reserve between Johnson Drive and Kimberly Cl 1.2m wide along the northern side of Wilton Drive, and along the eastern side of Johnson St connecting each end to the nominated path in Mt Vincent Rd. Page 172 ORDINARY MEETING AGENDA 24 JANUARY, 2006
DA 05-357 Ninety Two Lot Torrens Title Subdivision Lot 102, DP 1065984, Mt Vincent Road East Maitland (Cont)
Stormwater Drainage
33 A major/minor stormwater drainage system shall be provided, in accordance with Council’s Manual of Engineering Standards, catering for discharge from the contributing catchment areas (including discharge from Mt Vincent Rd) in their ultimate developed state. Pipes shall be designed to fully drain under gravity, and easements of appropriate width created where necessary.
34 Inter-allotment drainage covered by easements, shall be created to service property No’s. 37 & 39 Mt Vincent Rd. Interallotment drainage discharge shall be made direct to an underground street drainage system.
35 A stormwater detention system shall be designed and approved for the subject subdivision to reduce post-developed discharges to pre-developed discharges, for the critical storm up to and including the 1% AEP (“100 year”) event, in accordance with Council’s Manual of Engineering Standards.
36 The proposed basin shall be designed in accordance with the DIPNR publication “The Constructed Wetlands Manual”, based on concept plan 678c02a dated 19.5.05 as amended by Council, being consistent with Council’s Manual of Engineering Standards.
37 Inter-allotment drainage, covered by easements at minimum width of 1.5m, shall be provided to lots without adequate drainage to the road reserve.
Erosion control
38 The site and its surrounding environs shall be protected from the effects of erosion (as water and wind borne particles) and off-site “vehicle tracking”, by the application of adequate controls. Details in accordance with Council’s Manual of Engineering Standards and the Department of Housing manual, “Managing Urban Stormwater” shall be shown on an Erosion & Sediment Control Plan (ESCP) as part of the Construction Certificate.
Works Certification
39 Prior to commencement of works within the public road reserve; an engineering design, in accordance with Council's Manual Of Engineering Standards, shall be submitted to Council for approval consent under the Roads Act for the approved works, shall be issued by Council all relevant Council fees shall be paid
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DA 05-357 Ninety Two Lot Torrens Title Subdivision Lot 102, DP 1065984, Mt Vincent Road East Maitland (Cont) a traffic control plan in accordance with the RTA publication “Traffic Control at Worksites” shall be submitted to and be approved by Council
40 Prior to issue of the Construction Certificate for the road and drainage works, an engineering design shall be prepared, in accordance with Council's Manual of Engineering Standards, for approval.
41 Prior to issue of the Subdivision Certificate, all necessary works shall be carried out in accordance with this consent and Council's Manual of Engineering Standards.
Land Title Note: Lot numbers in these conditions refer to the approved plan. Requirements for specified sites within the nominated reports must be referred to the approved lots numbers. 42 A restriction on the title of lots 5, 40 & 91 under Section 88B of the Conveyancing Act, shall be created to give effect to the prohibition of direct vehicular access to Mt Vincent Rd.
43 A restriction on the title of lots 1 & 2 under Section 88B of the Conveyancing Act, shall be created to give effect to the prohibition of removal of vegetation within the 10m wide buffer zone, except with the consent of Council.
44 The proposed reserve (lot 21) shall be dedicated to Council, at no cost to Council, and without compensation, works-in-kind or “section 94 contribution” offset.
Advices
A You are advised that in regard to potential site erosion from the construction site, such pollution of the environment is an offence under the Protection Of the Environment & Operations (POEO) Act and may incur infringement fines. B You are advised that, in accordance with the EP&A Act, (sec.109F) payment of the building industry Long Service Leave levy, where applicable, must be paid prior to issue of any Construction Certificate. C You are advised that, in accordance with Council’s planning provisions, Council as the appointed Principle Certifying Authority (PCA) will conduct “critical stage inspections” during construction. The appropriate fee in accordance with Council’s Schedule of Fees & Charges must be paid to Council prior to commencement of construction.
Page 174 ORDINARY MEETING AGENDA 24 JANUARY, 2006
DA 05-357 Ninety Two Lot Torrens Title Subdivision Lot 102, DP 1065984, Mt Vincent Road East Maitland (Cont)
Officers Reports
DA 05-357 Ninety Two Lot Torrens Title Subdivision, Lot 102 DP 1065984 Mt Vincent Road East Maitland
Additional Information Submitted
Meeting Date: 24 January 2006
Attachment No: 1
Number of Pages : 4
Page 175 ORDINARY MEETING AGENDA 24 JANUARY, 2006
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Page 176 ORDINARY MEETING AGENDA 24 JANUARY, 2006
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Page 177 ORDINARY MEETING AGENDA 24 JANUARY, 2006
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Page 178 ORDINARY MEETING AGENDA 24 JANUARY, 2006
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Page 179 ORDINARY MEETING AGENDA 24 JANUARY, 2006
DA 05-357 Ninety Two Lot Torrens Title Subdivision Lot 102, DP 1065984, Mt Vincent Road East Maitland (Cont)
Officers Reports
DA 05-357 Ninety Two Lot Torrens Title Subdivision, Lot 102 DP 1065984 Mt Vincent Road East Maitland
Council Report of 13th December 2005
Meeting Date: 24 January 2006
Attachment No: 2
Number of Pages : 9
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DA 05-357 Ninety Two Lot Torrens Title Subdivision Lot 102, DP 1065984, Mt Vincent Road East Maitland (Cont)
Page 181 ORDINARY MEETING AGENDA 24 JANUARY, 2006
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Page 185 ORDINARY MEETING AGENDA 24 JANUARY, 2006
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Page 186 ORDINARY MEETING AGENDA 24 JANUARY, 2006
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Page 187 ORDINARY MEETING AGENDA 24 JANUARY, 2006
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Page 188 ORDINARY MEETING AGENDA 24 JANUARY, 2006
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Page 189 ORDINARY MEETING AGENDA 24 JANUARY, 2006
DA 05-357 Ninety Two Lot Torrens Title Subdivision Lot 102, DP 1065984, Mt Vincent Road East Maitland (Cont)
Officers Reports
DA 05-357 Ninety Two Lot Torrens Title Subdivision, Lot 102 DP 1065984 Mt Vincent Road East Maitland
Locality Plan
Meeting Date: 24 January 2006
Attachment No: 3
Number of Pages : 1
Page 190 ORDINARY MEETING AGENDA 24 JANUARY, 2006
DA 05-357 Ninety Two Lot Torrens Title Subdivision Lot 102, DP 1065984, Mt Vincent Road East Maitland (Cont)
Page 191 ORDINARY MEETING AGENDA 24 JANUARY, 2006
DA 05-357 Ninety Two Lot Torrens Title Subdivision Lot 102, DP 1065984, Mt Vincent Road East Maitland (Cont)
Officers Reports
DA 05-357 Ninety Two Lot Torrens Title Subdivision, Lot 102 DP 1065984 Mt Vincent Road East Maitland
Development Plan
Meeting Date: 24 January 2006
Attachment No: 4
Number of Pages : 1
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DA 05-357 Ninety Two Lot Torrens Title Subdivision Lot 102, DP 1065984, Mt Vincent Road East Maitland (Cont)
Page 193 ORDINARY MEETING AGENDA 24 JANUARY, 2006
9.2.6 05-3591- ERECTION OF DWELLING (DWELLING ENTITLEMENT) LOT 2 DP242340, 1065 LUSKINTYRE ROAD LAMBS VALLEY. RECOMMENDATION: REFUSAL
File No: DA 05-3591 Attachments (3): Locality Plan Council’s Letters to Applicant Applicant’s Submission
Responsible Officer: David Simm Manager Development and Environment Author: Greg Clayden Town Planner Applicant: Mr R McDonald Proposal: Erection of Dwelling (Dwelling Entitlement) Location: Lot 2 DP242340 Zone: 1(a) Prime Rural Land
EXECUTIVE SUMMARY Council has received a development application, which seeks to establish whether the subject land, a vacant allotment, has a dwelling entitlement. The subject lot is described as Lot 2 DP242340 1065 Luskintyre Road Lambs Valley, has an area of 10.15 hectares, and is zoned 1(a) Prime Rural land under the Maitland Local Environmental Plan, 1993 (LEP). The applicant has an existing residence on adjoining Lot 1 in the same DP. Lots 1 and 2 form part of a seven lot subdivision approved by Council on 5 October 1971 under the provisions of the Northumberland County District Planning Scheme 1960.
Clause 13 of the Maitland Local Environmental Plan, 1993 specifies the statutory requirements Council must take into account in determining whether a dwelling can be built on the vacant allotment and it is clear that a dwelling entitlement is not available under the provisions of the LEP. Detailed comment is provided in the body of the report in regard to the provisions of the LEP and, as a dwelling is not permitted, the proposal is a prohibited form of development pursuant to Clauses 10(5) and 13 of the LEP. Therefore, as Council has no lawful power to approve the application, it is recommended that the development application be refused.
OFFICER'S RECOMMENDATION THAT:
DA 05-3591 for the Erection of a Dwelling (Dwelling Entitlement) on Lot 2 DP242340 1065 Luskintyre Road Lambs Valley be refused for the following reason:
Page 194 ORDINARY MEETING AGENDA 24 JANUARY, 2006
05-3591 Erection of Dwelling - Dwelling Entitlement Lot 2 DP242340 1065 Luskintyre Road Lambs Valley (Cont) 1. Clause 13 of the Maitland Local Environmental Plan, 1993 (LEP) makes no provision for a dwelling on the subject lot, thus the proposal is prohibited development pursuant to Clauses 10(5) and 13 of the LEP (section 79C(1)(a)(i) of the EP& A Act, 1979).
REPORT
BACKGROUND Prior to the lodgement of this application, the applicant made a number of enquiries of Council (both personally and in writing) in relation to the possible erection of a dwelling on Lot 2. The applicant was verbally advised on his first approach to Council that it was unlikely that the subject lot had a dwelling entitlement and was further advised to submit either a letter or to lodge a development application to Council if he wanted written confirmation of the advice given. In response to written requests, Council wrote to the applicant on 12 August 2005 specifying that Lot 2 did not have a dwelling entitlement. In response to further correspondence, Council advised on 29 August 2005 that there was little point in lodging an application when it had been established that Council was not lawfully in a position to approve a dwelling on the subject lot. Copies of both of those letters are included with this report as Attachment 2. Despite this advice, the applicant submitted this application and has requested that the full Council determine the matter.
PROPOSAL The application has been submitted to Council to ascertain whether the subject lot has a dwelling entitlement. A copy of the applicant’s submission which accompanied the application, and endeavours to make a case as to why Council should approve the application, is included with this report as Attachment 3.
PLANNING ASSESSMENT The proposal has been assessed under the relevant matters for consideration detailed in Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as follows:
Section 79C(1)(a)(i) provisions of any environmental planning instrument
Local Environmental Plan The subject land is zoned 1(a) Prime Rural Land under the Maitland Local Environmental Plan 1993. The proposed development is defined under the LEP as a “Dwelling”. Clause 10(4) of the LEP specifies that a dwelling is permissible on the land only if consent is permitted by Clause 13 of the LEP. As Clause 13 does not permit a dwelling on the subject lot, the proposal is therefore prohibited development pursuant to Clause 10 (5) of the LEP.
Clause 13 of the LEP specifies the statutory requirements that Council must take into account in determining whether a vacant allotment in the rural zones has a dwelling entitlement or not. In regard to the subject lot, there is no provision under Clause 13
Page 195 ORDINARY MEETING AGENDA 24 JANUARY, 2006
05-3591 Erection of Dwelling - Dwelling Entitlement Lot 2 DP242340 1065 Luskintyre Road Lambs Valley (Cont) of the LEP that enables Council to consent to the erection of a dwelling on the land. The relevant extract from Clause 13 reads as follows:
What are the requirements with respect to the erection of dwelling houses in rural zones?
13. 1) In this clause: Separate parcel means an allotment of land in existence on 1st January 1991 or the aggregation of two or more adjoining or adjacent allotments of land if they were in common ownership on 1 January 1991. Established cropping enterprise means an agricultural activity which uses an area of prime agricultural land for the cultivation of crops such as Lucerne, corn, or fodder. Established horticultural enterprise means an agricultural activity which uses an area of prime agricultural land for commercial vegetable production.
2) The Council may consent to the erection of a dwelling house on: a) a separate parcel in Zone l(a) where:
i) the separate parcel has a minimum area of 40 hectares; or ii) the separate parcel contains an established cropping establishment which has a cultivated area in excess of 15 hectares and which has been in operation for a minimum period of 2 years immediately prior to the application being made; or iii) the separate parcel contains an established horticultural enterprise which has a cultivated area in excess of 8 hectares and which has been in operation for a minimum period of 2 years immediately prior to the application being made; or
b) a separate parcel in Zone l(b) where the separate parcel has a minimum area of 4000m2.
3) Not withstanding subclause (2), Council may consent to the erection of a dwelling house on land in Zone 1(a), 1(b), 1(c) or 1(d) if:
a) the land comprises an allotment the subdivision of which was approved by Council after 14th April 1972; or b) the dwelling house is to replace an existing habitable dwelling house.
Specifically, Clause 13(2)(a) cannot be utilised as Council may only consent to the erection of one dwelling on a “separate parcel” in the 1(a) Prime Rural Land zone which applies to the land. A search of Council’s records reveals that the “separate parcel” as defined consists of Lots 1 and 2 in DP242340 and lot 5 in DP193476. Therefore, as only one dwelling is permitted on a “separate parcel’, the existence of Page 196 ORDINARY MEETING AGENDA 24 JANUARY, 2006
05-3591 Erection of Dwelling - Dwelling Entitlement Lot 2 DP242340 1065 Luskintyre Road Lambs Valley (Cont) the applicant’s existing dwelling on Lot 1 DP242340 precludes the erection of a dwelling on any other lot within the “separate parcel”.
Clause 13(3)(a) cannot be utilised either, as, like most other vacant rural allotments in the Maitland area, Lot 2 does not comprise an “…allotment the subdivision of which was approved by Council after 14th April 1972”. Thus, while Lot 2 was created as part of a seven (7) lot subdivision approved by Council in 1971 for the purpose of erecting a dwelling on each lot, there is no provision in the current LEP to allow a dwelling to be erected on such a lot, even if it was approved by Council. The subdivision was approved by Council on 5 October 1971 under the provisions of the Northumberland County District Planning Scheme, 1960. It is only on vacant lots created by subdivisions approved under later planning instruments, (i.e. the Interim Development Order gazetted on 14 April, 1972 or the Maitland Local Environmental Plan, 1986) where Council can lawfully approve a dwelling under Clause 13(3)(a) of the current LEP. A number of other lots within the original seven lot subdivision have existing dwellings, however, Council’s records indicate that these dwellings were approved under the Maitland Local Environmental Plan, 1986 which had different provisions in regard to the erection of rural dwellings in comparison to the current LEP.
Regional Environmental Plan Not relevant
State Environmental Planning Policies Not relevant Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition Not relevant Section 79C(1)(a)(iii) any development control plan Not relevant Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph) Not relevant Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality As the proposal is prohibited under Clauses 10(5) and 13 of the LEP, there is no need to provide an assessment of the impacts of a dwelling on the land. Section 79C(1)(c) the suitability of the site for the development Not relevant.
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05-3591 Erection of Dwelling - Dwelling Entitlement Lot 2 DP242340 1065 Luskintyre Road Lambs Valley (Cont) Section 79C(1)(d) any submissions made in accordance with this act or the regulations The development application was not required to be advertised or notified under the provisions of Council’s Development Control Plan No. 37 – Advertising/Notification of Development Applications or the Environmental Planning and Assessment Act 1979. Section 79C(1)(e) the public interest Not relevant.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council’s adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS Statutory implications relating to assessment of the subject application have been addressed in the body of the report.
CONCLUSION An assessment of the application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as amended. The proposed development is not considered acceptable in terms of the relevant matters for consideration under the Act and it is recommended that the development application be refused. The proposal is prohibited under clauses 10(5) and 13 of the Maitland Local Environmental Plan, 1993 and Council cannot lawfully approve a dwelling on the subject lot.
Page 198 ORDINARY MEETING AGENDA 24 JANUARY, 2006
05-3591 Erection of Dwelling - Dwelling Entitlement Lot 2 DP242340 1065 Luskintyre Road Lambs Valley (Cont)
Officers Report
ERECTION OF DWELLING (DWELLING ENTITLEMENT) LOT 2 DP242340, 1065 LUSKINTYRE ROAD LAMBS VALLEY.
Locality Plan
Meeting Date: 24 January 2006
Attachment No : 1
Number of Pages : 1
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05-3591 Erection of Dwelling - Dwelling Entitlement Lot 2 DP242340 1065 Luskintyre Road Lambs Valley (Cont)
Page 200 ORDINARY MEETING AGENDA 24 JANUARY, 2006
05-3591 Erection of Dwelling - Dwelling Entitlement Lot 2 DP242340 1065 Luskintyre Road Lambs Valley (Cont)
Officers Report
ERECTION OF DWELLING (DWELLING ENTITLEMENT) LOT 2 DP242340, 1065 LUSKINTYRE ROAD LAMBS VALLEY.
Council’s Letters to Applicant
Meeting Date: 24 January 2006
Attachment No : 2
Number of Pages : 4
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05-3591 Erection of Dwelling - Dwelling Entitlement Lot 2 DP242340 1065 Luskintyre Road Lambs Valley (Cont)
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05-3591 Erection of Dwelling - Dwelling Entitlement Lot 2 DP242340 1065 Luskintyre Road Lambs Valley (Cont)
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05-3591 Erection of Dwelling - Dwelling Entitlement Lot 2 DP242340 1065 Luskintyre Road Lambs Valley (Cont)
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05-3591 Erection of Dwelling - Dwelling Entitlement Lot 2 DP242340 1065 Luskintyre Road Lambs Valley (Cont)
Page 205 ORDINARY MEETING AGENDA 24 JANUARY, 2006
05-3591 Erection of Dwelling - Dwelling Entitlement Lot 2 DP242340 1065 Luskintyre Road Lambs Valley (Cont)
Officers Report
ERECTION OF DWELLING (DWELLING ENTITLEMENT) LOT 2 DP242340, 1065 LUSKINTYRE ROAD LAMBS VALLEY.
Applicants Submission
Meeting Date: 24 January 2006
Attachment No : 3
Number of Pages : 2
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05-3591 Erection of Dwelling - Dwelling Entitlement Lot 2 DP242340 1065 Luskintyre Road Lambs Valley (Cont)
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05-3591 Erection of Dwelling - Dwelling Entitlement Lot 2 DP242340 1065 Luskintyre Road Lambs Valley (Cont)
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9.2.7 DA 05-3126 PROPOSED SERVICE STATION - LOT 1 DP 746376, 48 DENMAN STREET, MAITLAND RECOMMENDATION: APPROVAL
File No: DA 05-3126 Attachments Locality Plan Public Submissions Submissions from Public Authorities Development Plans
Responsible Officer: David Simm Manager - Development & Environment Author: Rebecca Moroney Senior Town Planner Applicant: Woolworths Ltd Proposal: Service Station Location: Maitland Zone: 2(b) Flood Liable Residential
EXECUTIVE SUMMARY Development consent is sought from Council for the establishment of a Service Station at Lot 1 DP 746376, 48 Denman Street, Maitland. The subject land is zoned 2(b) under the Maitland Local Environmental Plan, 1993. The subject land is located within a Floodway and Heritage Conservation Area.
Service Stations are a permissible form of development in the 2(b) Flood Liable Residential Zone with Council consent and are consistent with the objectives of the zone.
The proposed development was referred to the Department of Natural Resources, the NSW Fire Brigades, NSW Workcover and the Department of Planning – Major Hazards Unit. No objection to the proposal was raised.
The proposal was exhibited in accordance with Council policy. Two submissions were received during the exhibition period and are attached to this report. The issues raised concern heritage impacts, traffic impacts and potential hazards associated with the proposal. It is considered that these issues have been adequately addressed by the proposed development.
OFFICER'S RECOMMENDATION THAT:
Page 209 ORDINARY MEETING AGENDA 24 JANUARY, 2006
05-3126 Service Station Lot 1 DP 746376, 48 Denman Street, Maitland (Cont) DA 05-3126 for a Service Station on Lot 1 DP 746376, 48 Denman Street, Maitland be approved, subject to the conditions of consent set out in the attached schedule.
INTRODUCTION Council is in receipt of a development application for a service station on the subject land. Council, at its meeting of 26 July 2005 previously approved a boundary adjustment on the subject land, with the purpose identified as providing land for a service station.
PROPOSAL It is proposed to construct a Woolworths Plus Service Station on the subject site. The service station will consist of an operational area of approximately 1607.3 square metres with an 8.5m x 14.1m kiosk that is 4.8m in height. The site will have a central canopy measuring 7.4m x 27.8m to cover the fuel dispensing area, with a linking canopy to the pay kiosk measuring 11.4m x 27.8m.
It is proposed to provide the service station facility with three underground fuel tanks and one underground LPG tank. There will be parking for seven vehicles (including a disabled parking space) and provision for eight parking areas at the fuel dispensing points. The proposal includes directional signage, one pylon sign and two fascia signs. The pylon sign measures 6m x 2.170m. Both the fascia signs are proposed to be illuminated.
PLANNING ASSESSMENT The proposal has been assessed under the relevant matters for consideration detailed in Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as follows:
Section 79C(1)(a)(i) provisions of any environmental planning instrument
Local Environmental Plan The subject land is zoned 2(b) Flood Liable Residential under Maitland Local Environmental Plan 1993. The proposed development is defined under the LEP as “Service Station” which is a permissible land use in the 2(b) zone with Council consent. The proposal is not considered to be inconsistent with the zone objectives, as follows.
Zone 2(b) Flood Liable Residential a) To minimise the public and private costs of flood damage, and the risks to life from flooding, by encouraging the development of non-residential uses in flood-prone residential areas and by ensuring that any new development incorporates flood precaution measures. b) To limit the expansion of urban development on flood-prone areas.
Page 210 ORDINARY MEETING AGENDA 24 JANUARY, 2006
05-3126 Service Station Lot 1 DP 746376, 48 Denman Street, Maitland (Cont) Clause 40 What restrictions apply to development of land affected by the Hunter Valley Flood Mitigation Act 1956? 1) The Council shall not consent to the carrying out of development for any purpose within 20 metres of: a) any work to which the Hunter Valley Flood Mitigation Act 1956 extends; or b) the bank of any part of the lower river within the meaning of that Act, except with the concurrence of the Director of Public Works. 2) In considering whether to grant concurrence as referred to in subclause (1), the Director of Public Works shall take into consideration the likely effect of the proposed development in relation to the flooding of land in the vicinity of the land on which the proposed development is to be carried out. The application and associated documentation was referred to the Department of Natural Resources on 12 October 2005. Further information was requested by the Department on 23 November 2005 with that information provided on 30 November 2005. The Department, through the Floodplain Management Committee, has indicated they are satisfied with the proposal provided the applicant obtain a s256 Permit.
Clause 41 What restrictions apply to development of land within floodways? 1) Not withstanding the other provisions of this plan, the Council may only grant consent to development, after having regard to any relevant comments of the Council's Flood Plain Management Committee, will not result in either: a) detrimental changes to the flow of floodwater; or b) possible harm to human life, animal welfare, or property. 2) Applications for consent for development in the floodway, must be accompanied by a report setting out: a) any likely dangers to human life; and b) the likely impact the development may have on the character of floodwaters in the event of a major flood. The proposed development is supported by a Flood Study, prepared by Henry & Hymas Civil and Structural Engineers. The proposed development satisfies the above criteria and is discussed in further detail within the report in relation to DCP 29.
Clause 38 What controls apply with respect to development in the vicinity of heritage items? The Council shall not grant consent to an application to carry out development on land in the vicinity of a heritage item unless it has made an assessment of the effect the carrying out of that development will have on the heritage significance of the item and its setting.
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05-3126 Service Station Lot 1 DP 746376, 48 Denman Street, Maitland (Cont) Clause 33 What controls apply with respect to development within heritage conservation areas? 1) A person shall not, in respect of a heritage conservation area: a) demolish or alter a building or work within the area; b) damage or move a relic, or excavate for the purpose of exposing a relic within the area; c) damage or despoil a place within the area; d) erect a building on or subdivide land within the area; or e) damage any tree within the area, except with the consent of the Council. 2) The Council shall not grant consent to a development application required by this clause unless it has made an assessment of the extent to which the carrying out of the development in accordance with the consent would affect the heritage significance of the heritage conservation area. 3) The Council shall not grant a consent required by this clause to the erection of a new building or the alteration of the exterior of an existing building, unless the Council has made an assessment of a) the pitch and form of the roof; b) the style, size, proportion and position of the openings for windows and doors; and c) whether the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building are compatible with the materials used in the existing buildings within the heritage conservation area. 4) This clause does not apply to any development which, in the opinion of the Council, is of a minor nature or does not adversely affect the heritage significance of the heritage conservation area concerned. The proposed development has been assessed having regard to the above criteria. It is considered that the proposal will have a negligible impact on the heritage amenity of the locality as the structure has minimal bulk, appropriate scale and form and will be adequately screened through the extensive landscaping proposed.
Regional Environmental Plan Not Relevant
State Environmental Planning Policies State Environmental Planning Policy No. 33 – Potentially Hazardous and Offensive Development SEPP 33 provides requirements for hazardous industry, hazardous storage establishments, offensive industry and offensive storage establishments. The policy requires Council to consider specific matters in relation to potential hazardous or potential offensive development.
Page 212 ORDINARY MEETING AGENDA 24 JANUARY, 2006
05-3126 Service Station Lot 1 DP 746376, 48 Denman Street, Maitland (Cont)
A Potential Hazardous and Offensive Development Report (Multi-Level Risk Assessment) was submitted in support of the application (Attachment A). It was determined by the Preliminary Hazard Analysis that a level one Qualitative Risk Analysis was required due to the societal risk being negligible and the ability to apply specific safety and monitoring features. A Qualitative Risk Analysis for the proposal indicates that the proposal will satisfy the requirements of WorkCover NSW Authority and accords with Department of Infrastructure, Planning & Natural Resources Guidelines for the installation of LPG on automotive retail outlets.
The proposed development satisfies the relevant planning circulars for potentially hazardous development. Consent conditions will require the development to be in accordance with the Preliminary Hazards Analysis and Summary, prepared by Myros Design Pty. Ltd (9 September 2005) and the relevant Australian Standards.
State Environmental Planning Policy No. 64 – Advertising and Signage The proposed development includes signage elements in the form of one pylon sign, several directional signs and two fascia signs. The two fascia signs are proposed to be illuminated. Signage for the proposed development is defined as business identification signs in accordance with Clause 4 of SEPP 64. Clause 8 requires Council to be satisfied that; a) the signage is consistent with the objectives set out in Clause 3(1)(a), and b) the signage satisfies the criteria specified in Schedule 1.
The proposed signage is compatible with the amenity and visual character of the area as it is subtle, is of a high quality design and finish, provides effective communication (as required by the Department of Fair Trading) and is suitably located. The proposed signage satisfies the criteria specified in Schedule 1 of SEPP 64.
Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition Not Relevant Section 79C(1)(a)(iii) any development control plan DCP 21 – Outdoor Advertising The objectives of Development Control Plan No. 21 are to ensure the provision of good quality, well maintained signage which is adequate and effective in promoting the City’s tourist attractions, trade, commerce, services and facilities without being detrimental to the amenity and character of the area. The signage should be complimentary in scale and form with the built environment and the streetscape as a whole and be sympathetic to historical buildings and historical precincts.
The proposed signage associated with the development satisfies the objectives and criteria specified in DCP 21. In particular, the signage is of good quality, is adequate and effective, complimentary in scale and form and will not compromise the heritage conservation values of the locality.
DCP 29 – Hunter River Floodplain Management
Page 213 ORDINARY MEETING AGENDA 24 JANUARY, 2006
05-3126 Service Station Lot 1 DP 746376, 48 Denman Street, Maitland (Cont) The principle objectives of Development Control Plan No. 29 relative to the proposal are: b) to minimise the public and private costs of flood damage; c) minimise the risk of life during floods by encouraging construction and development which is “flood proofed” and compatible with the flood risk of the area; d) ensure that any new development incorporates flood precaution and protection measures; e) to contain the spread of urban development in flood liable areas and to encourage the contraction of areas of residential development in flood liable areas; and f) to prevent non-compatible development in floodways and ensure only flood compatible land uses such as agriculture and open space recreation.
The subject land is identified as being within an area subject to the 1 in 100 year flood event, is within a Declared Floodplain and in an area identified in the Maitland LEP as a Floodway. DCP 29 generally discourages development within floodways however, an application may be considered if it has specific planning merit (ie community needs/benefits).
In accordance with the requirements of DCP 29, a flood study was submitted in support of the proposed development. The 1 in 100 year flood level for the site is estimated to be RL 10.25. The finished RL of the proposed development is constrained by existing road levels and maximum gradients for tanker access, manoeuvrability and the requirement for tankers to not exceed a slope of 1:30 during the filling process. The finished RL of the proposal is set at 7.5, 2.75m below the flood level.
It is noted that the majority of the proposed development consists of concrete paving and a canopy that is designed to resist any forces in a flood event. The kiosk has also been designed to withstand the forces of a flood event and houses a small retail area, storage and toilet facilities.
All tanks are proposed to be in-ground and are designed for uplift from water pressures to ensure limited flood damage. Some damage is likely to occur to fuel dispensers however this is considered to be an acceptable risk.
In this regard, the proposed development is considered to be suitable as the kiosk and canopy areas are relatively small and have little effect on reducing the flood storage in the overall flood plain area. The proposal will not increase the flood hazard or flood damage to other properties or adversely affect them in any during floods.
DCP 34 – Maitland Conservation and Design Guidelines The heritage/design aspects of the proposed development are consistent with the requirements of DCP 34. The proposed kiosk has been designed with an understated exterior and reduced bulk. Views to significant landmarks such as St Mary’s spire and views across the floodplain from Regent Street and the Long Bridge towards Central Maitland whilst likely to be altered, will not be significantly impacted by the proposal due to its limited bulk and the extensive landscaping proposed. Page 214 ORDINARY MEETING AGENDA 24 JANUARY, 2006
05-3126 Service Station Lot 1 DP 746376, 48 Denman Street, Maitland (Cont)
DCP 40 – Car Parking Requirements Council’s car parking policy requires the provision of car parking for service stations as follows: 1 space per work bay, plus 1 space per 20m2 of GFA of convenience store, plus 1 space per 6.5m2 GFA or 1 space per 3 seats if a restaurant is provided (whichever is the greater).
The proposed service station does not make provision for any work bays and has a GFA for the convenience store of 119.85 m2. There is no restaurant associated with the proposal. As such, the proposal is required to provide a total of 6 car parking spaces however, a total of seven car parking spaces are proposed.
Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph) Not Relevant Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality The environmental setting is one of a mixed use with a rural interface. The proposal will assist to delineate the rural/commercial interface and is consistent with the context and setting of the locality. Proposed landscaping will further assist to mitigate against any loss of amenity in the locality.
Noise generated by the proposed use is acceptable and generally within 5 dBA of background noise levels due to the absence of vehicle repair activities. The proposed hours of operation will be consistent with those of the supermarket in Pender Place, with a maximum traffic generation of 80 customers per hour at peak times.
The primary access, particularly for service vehicles and tankers, will occur from Ken Tubman Drive with a deceleration/slip lane being provided for the northern approach. Exit will be via the new controlled access onto Ken Tubman Drive at the southern end of the site. The entry and exits are self sufficient, yet will integrate well with any future use of the site. All traffic will enter and exit in a forward manner.
The proposal has been designed to maximise security, with casual surveillance of the site enhanced through lighting and limiting of inactivated spaces. The positioning of the site, slightly elevated from a collector road, is beneficial with regard to Crime Prevention Through Environmental Design principles.
The proposed service station will increase the socio-economic viability of the locality and will result in a serendipitous economic impact to other businesses within the Central Maitland commercial precinct. As a direct social benefit this proposal provide a retail product at comparatively affordable prices to the community.
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05-3126 Service Station Lot 1 DP 746376, 48 Denman Street, Maitland (Cont) Section 79C(1)(c) the suitability of the site for the development The subject site has a 46.5m wide frontage to Ken Tubman Drive, with the ability to provide for a decelerating lane with good visibility when entering from the north. The proposed use of the land will assist in the “reading” of the transition between rural and commercial landscapes in the locality, will complement the hierarchy of commercial uses and will not jeopardise any heritage significance. Section 79C(1)(d) any submissions made in accordance with this act or the regulations
Public Submissions The development application and accompanying information were placed on public exhibition for a period of 14 days from 06.10.05 to 20.10.05. As a result of the notification process, a total of 2 submissions were received and are provided as Attachment B to this report.
The main issues raised by the objectors are summarised below and comment provided: Proximity to Energy Australia’s Maitland Central Zone Substation No. 501
The supporting documentation does not recognise the existence of the substation in close proximity to the proposed service station and does not consider the level of risk associated with locating a service station and associated transmission line infrastructure in such close proximity. The substation and transmission lines are an obvious potential ignition source and careful consideration must be given to locating petrol, diesel, liquefied petroleum gas and compressed natural gas storage and dispersing facilities in close proximity to these assets.
The SEE makes no reference to the substation and transmission lines and fails to demonstrate the compatibility of the proposed development win the adjoining infrastructure.
The Mulit-level Risk Assessment and Preliminary Hazards Analysis fail to refer to the Energy Australia infrastructure and no assessment is made regarding the level of societal risk associated with locating a service station in close proximity to such potential ignition sources.
The potential hazards incidents assessed in the abovementioned documents does not consider the existence of, or potential ignition risks associated with the Energy Australia infrastructure.
Planner's Comment SEPP 33 requires consideration of surrounding land uses (specifically identifying any nearby uses of particular sensitivity such as schools, hospitals, child care centres etc) but makes no specific mention of electrical substations. The proposed development is required to comply with three relevant standards:
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05-3126 Service Station Lot 1 DP 746376, 48 Denman Street, Maitland (Cont) 1. AS 1940-2004 The Storage and handling of flammable and combustible liquids and AIP CP4 – 2002 The design, installation and operation of underground petroleum storage systems (UPPS). 2. AS/NZS 1596:2002 The storage and handling of LP Gas, and 3. AS/NZS 2430:2004 Classification of Hazardous areas, various Parts.
None of these Standards make specific reference to requirements regarding proximity to electrical substations. Energy Australia’s assets are located approximately 40m from the boundary of the proposed service station. There are no metallic conduits to be installed underground on the proposed service station site. The alleviates concerns that under certain conditions, there could be a potential for ground voltages to rise and if this voltage were to be carried via metal conduits to the fuel dispensers or electronic equipment that an over voltage could occur damaging equipment and in the worst case, creating a potential spark.
The site will have an Equipotential Earthing System installed to avoid sparking between metallic parts of structures. Similar situations encountered by the applicant and energy providers in Queensland resulted in a minimum distance of 3.24m from the boundary of the zone sub station property for which no conduits could be installed.
The proposal was referred to the Major Hazards Unit of the Department of Planning, NSW Workcover and the NSW Fire Brigades. Information referred to those authorities included discussion regarding the proximity of the proposed service station to the electrical substation. No objection to the proposal was raised. The Director of the Major Hazards Unit stated that the proposed facility is unlikely to pose a significant risk to people, property or the environment and that the technical and land use controls specified in the Department’s guidelines on automotive retail LPG installations are satisfied by the proposal and the underground fuel storage tanks are appropriately sited. The NSW Fire Brigade have a requirement for an Emergency Plan to be submitted and reviewed by the Commissioner of the NSWFB. This requirement forms a condition of consent.
Zoning & Land Use
The proposed development will result in 89% of the site area being hard surface. The proposed access roads will remove in excess of 170m2 of well established landscape planting within the public domain, undertaken by Council in 2001 as part of a significant large scale urban improvement program. The subject site is not zoned commercially. The 2(b) Flood Liable Residential zone is essentially a residential zone and non-residential uses within the zone must be compatible with the local environment and give due recognition to the streetscape attributes of the immediate locality.
The proposal is offensive to the local streetscape because it removes an area of 170m2 of well established landscape and introduces a development of limited architectural merit.
Planner's Comment
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05-3126 Service Station Lot 1 DP 746376, 48 Denman Street, Maitland (Cont) The proposed use is considered to be consistent with the objectives of the 2(b) zone in that it will minimise the public and private costs of flood damage, and the risks to life from flooding, as it is a non-residential use that incorporates appropriate flood precaution and provides a limit to urban development on the flood plain through the delineation of the urban/commercial interface in the locality.
The proposal has been amended to include an extensive landscaping plan, with replacement of one existing Jacaranda and one Lomandra required to be removed due to their proximity to the kerb construction. The proposal will significantly embellish landscaping on the Ken Tubman Drive frontage and integrate this landscaping throughout the site, providing a positive contribution to the existing streetscape.
The proposed design of the kiosk and overall service station has been influenced by the heritage character of the locality, with roof form and pitch consistent with the dominant architectural elements, whilst the overall intention of the design is to be recessive within the landscape.
Setback
The setback of all buildings along Ken Tubman Drive, including the previous cottage on the site, is in excess of 15m. This road is an important arterial road and the landscaping undertaken by Council reflects the community’s desire for this section of road to present an attractive ‘soft edge’ to the city’s CBD.
The proposal introduces a nil setback to the boundary. The design must give due recognition to the existing landscape values of the locality. The proposed direct entrance off Ken Tubman Drive opens up the flat canopy to the streetscape. As the development sits above the level of the existing pavement the canopy will be viewed as a large dominant image. A heavily planted 6m setback should be introduced.
Planner's Comment The kiosk is proposed to be setback 5m from the front boundary. There are no other buildings within this section of Ken Tubman Drive to compare setbacks with. Both the front setback and the road reserve are proposed to be significantly landscaped. This, combined with the lightweight design of the canopy structure and recessive form of the kiosk, will reduce any dominance associated with the proposal.
Traffic
The proposal does not require a dedicated left in left out access. All traffic should enter and leave via the proposed new intersection.
Planner's Comment The proposed development is supported by a Traffic Study prepared by Colston Budd Hunt & Kafes Pty Ltd (September 2005). This traffic study concurs with a previous traffic study for the site (DA 05-987 – Subdivision). The INTANAL analysis indicates that the intersections of Ken Tubman Drive/High Street/Belmore Road and Ken Tubman Drive/Allan Walsh Drive will continue to operate at the same levels of
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05-3126 Service Station Lot 1 DP 746376, 48 Denman Street, Maitland (Cont) service as they currently do, and that the proposed intersection arrangements are considered to be the most appropriate to allow for safe access and egress for both service vehicles/tankers and customers.
Heritage
The SHI has not been prepared by a heritage conservation specialist and fails to adequately address the impact the design will have on local heritage values. There are currently views of St Mary’s spire over the site, however these have not been addressed.
The report states “the petrol station will be of traditional design (with) little structure thereon”. This is incorrect as the canopy covers an area of 344m2. There are no other buildings in the vicinity which are as large. The report is factually incorrect because:
The building and reflective light concrete mass will not ‘interface’ well with the rural landscape.
The building will appear bulky because it will sit higher than the existing road pavement level.
The design of the structures have no connectivity in design terms with the heritage values of Central Maitland. Every effort should be made to ensure the design of the structures are unique to Maitland. The use of black or darker toned concrete would reduce glare and visual impact.
The kiosk is not above either the 1% or 5% flood level.
The site would appear to be inadequate in size for the development because over 89% of the site will be hard surface and a further 170m2 of existing well established landscape along Ken Tubman Drive needs to be removed to provide for the development. This loss of planting will contribute to a loss of streetscape value. The design of the development is poor and as such cannot be considered to represent a sufficient community benefit which outweighs the loss of the landscape.
There is sufficient room on the larger site to accommodate a service station without significantly compromising the streetscape values afforded by the landscape treatment along Ken Tubman Drive.
There is an historical front setback in that area and it is in excess of 15m and this should only be compromised if building elements of significant design attributes are proposed. The proposed development is not of that quality.
The signage is excessive and so positioned to require the subsequent removal of all existing landscaping along Ken Tubman Drive.
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05-3126 Service Station Lot 1 DP 746376, 48 Denman Street, Maitland (Cont) Drive.
Planner's Comment The heritage issues associated with the proposed development have been previously addressed however, it is considered that the proposed development provides a sympathetic design response to the locality. A consent condition requires the use of a dark grey fascia (replacing the proposed red fascia) and details of final finishes to be approved by Council prior to release of the construction certificate. The design elements (bulk, scale and form) are considered appropriate. Landscape plans have been amended to provide significant additional landscape in excess of that required to be removed.
Submissions from public authorities The proposed development was referred to the New South Wales Fire Brigade, NSW Workcover Authority and the Major Hazards Unit, Office of Sustainable Development, Assessments and Approvals in the Department of Planning for comment. No objection to the proposed development was raised (see Attachment C).
The proposed development was referred to Council’s Floodplain Management Committee. No objection to the proposal was raised.
Section 79C(1)(e) the public interest The proposed development will provide a competitive service to the public without compromising the amenity of the locality and is considered to be in the public interest.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council’s adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS Statutory implications relating to assessment of the subject application have been addressed in the body of the report
CONCLUSION An assessment of the application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as amended. The proposed development is considered satisfactory in terms of the relevant matters for consideration under the Act and the development application is recommended for approval.
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SCHEDULE OF CONDITIONS Schedule of Conditions DA 05-3126
COMPLIANCE Reason: The following condition(s) have been applied to confirm and clarify the terms of Council’s Approval.
1 The applicant shall comply with all conditions within this schedule prior to occupancy of the proposed development.
2 The proposed development is to be carried out strictly in accordance with the plans and documentation submitted with the application and any amendments to those plans arising through conditions to this consent.
3 The proposed development is to comply with the relevant standards, being: • AS 1940-2004 The storage and handling of flammable and combustible liquids and AIP CP4-2004 The design, installation and operation of underground petroleum storage systems (UPPS). • AS/NZS 1596:2002 The storage and handling of LP Gas, and • AS/NZS 2430:2004 Classification of Hazardous areas, various Parts
LANDSCAPING Reason: The following condition(s) have been applied to ensure that adequate provision is made for the landscaping of the site in association with the proposed development, to enhance the external appearance of the development, and to ensure that existing and proposed landscaped areas are appropriately maintained.
4 The landscaped area of the development is to be maintained at all times in accordance with the approved landscape plans.
DESIGN Reason: The following condition(s) have been applied to ensure that: i) Buildings are constructed in a manner which has regard for the constraints affecting the subject land. ii) Buildings are constructed of suitable materials with respect to their function and location and that colour schemes and restoration works are appropriate and retain the integrity of existing structures.
5 The following design amendments shall be provided: a) A dark grey fascia shall be provided in lieu of the proposed red fascia
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05-3126 Service Station Lot 1 DP 746376, 48 Denman Street, Maitland (Cont) b) Select face brick to be used for the external walls of the kiosk incorporating a contrasting face brick base course. In this regard, a colour scheme is to be prepared and submitted to Council giving full detail of the colour and character of all external building materials and finishes to be used. This colour scheme is to incorporate the total facade of the building, including the area below the awning. 6 The building is to be constructed such that it will withstand the effects of flooding. In this regard, an Engineer's Certificate stating that the structure is capable of withstanding the characteristics of flooding at its location, is to be issued in conjunction with the Construction Certificate.
7 An Emergency Plan is required to be prepared and submitted to the Commissioner of the NSW Fire Brigade (via Fire Safety Division) for review.
AMENITY Reason: The objectives of the following conditions are to ensure that a building is so designed and constructed so that it and adjoining properties are not subject to significant loss of amenity.
8 There is to be no interference with the amenity of the area by reason of the emission of any noise, smell, smoke, vapour, fume or otherwise.
9 There is to be no interference with the amenity of the area by reason of the emission of excessive light. In this regard, lighting is to comply with AS 4282: Control of the Obtrusive Effects of Outdoor Lighting.
10 Signs are to be located so that it does not interfere with safe traffic movement.
11 Signs are to be erected and maintained to an appropriate standard to prevent any hazard to passing vehicles or pedestrian traffic.
GENERAL PROVISIONS Reason: The objectives of the following conditions is to draw to the attention of the applicant and owner their responsibilities to comply with various provisions of the Environmental Planning and Assessment Act, 1979, Environmental Planning and Assessment Regulations, 2000, Local Government Act 1993; Regulations; Building Code of Australia and Local Policies relating to building construction and maintenance.
12 It is the Applicants responsibility to ensure compliance with the requirements of the Disability Discrimination Act, 1992 (DDA). Note: Compliance with the Building Code of Australia does not necessarily meet the requirements of the DDA.
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05-3126 Service Station Lot 1 DP 746376, 48 Denman Street, Maitland (Cont) 13 A construction certificate is to be obtained prior to commencing construction works. The construction certificate application is to include detailed plans and specifications for the construction of the building/structure.
14 All building work must be carried out in accordance with the provisions of the Building Code of Australia.
15 The owner should note that the issue of this development consent does not amount to a release, variation or modification by Council of any covenant applicable to this property and that any action taken by the applicant in accordance with the consent which results in any loss or damage by way of breach of the covenant will not be the responsibility of Council.
16 The development or any portion of the development shall not be used or occupied until an Occupation Certificate has been issued.
17 Upon completion of the building BUT prior to its occupation, a Final Fire Safety Certificate with respect to each critical and essential fire safety measure installed in the building is to be provided. Such certificate(s) are to be in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.
18 At least once in each twelve (12) month period, fire safety statements in respect of each required essential fire safety measure installed within the building are to be submitted to Council. Such certificates are to state that: a) The service has been inspected and tested by a person (chosen by the owner of the building) who is competent to carry out such inspection and test; and b) That the service was or was not (as at the date on which it was inspected and tested) found to be capable of operating to a standard not less than that specified in the fire safety schedule for the building). Such statements are to be in accordance with Division 5 of Part 9 of the Environmental Planning and Assessment Regulation, 2000. 19 All excavations and backfilling must be executed safely, in accordance with appropriate professional standards and be properly guarded and protected to prevent them from being dangerous to life or property.
20 The applicant is required to submit to Council Notice of Commencement at least two (2) days prior to the commencement of construction works.
21 The applicant is required to submit to Council Notice of Appointment of the Principal Certifying Authority at least two (2) days prior to the commencement of construction works.
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05-3126 Service Station Lot 1 DP 746376, 48 Denman Street, Maitland (Cont) 22 Unless otherwise approved by Council in writing; all building work associated with this approval shall be carried out between 7.00am and 6.00pm Monday to Fridays and 7.00am to 5.00pm on Saturdays with no work permitted on Sundays or Public Holidays that may cause offensive noise.
SERVICES & EQUIPMENT Reason: The objectives of the following conditions are to ensure that adequate inbuilt and external fire protection services are provided to restrict fire growth, facilitate fire safety, prevent fire spreading to adjoining buildings or allotments, to enable safe evacuation of occupants before the environment becomes untenable, to provide services that facilitate safe egress in the event of power failure, to provide early warning and/or initiate automatic counter measures and to provide for on-going maintenance of all active services.
23 A copy of the fire safety schedule and fire safety certificate is to be prominently displayed in the building in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation 2000.
24 A copy of the fire safety schedule and fire safety certificate is to be given to the Commissioner of New South Wales Fire Brigades in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.
ACCESS & EGRESS Reason: The objectives of the following conditions are to ensure that a building is designed and constructed to provide adequate means of escape in the case of fire or other emergency, exits are constructed to provide safe passage from a building and to provide reasonable provision to facilitate access and circulation by people with disabilities.
25 Access for disabled persons must be provided in accordance with DP1, DP2, and DP8 of the Building Code of Australia. Compliance with Part D3 of the Building Code of Australia satisfies this requirement. All elements are to meet the requirements of Australian Standard AS1428.1 "Design for Access & Mobility".
ROADS & ACCESS
26 Prior to issue of the Occupation Certificate, an approved access intersection treatment in Ken Tubman Drive road reserve shall be constructed, based on the concept plan by Geoff Craig & Assoc, 05057 Rev 12, in accordance with Council’s Manual of Engineering Standards.
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05-3126 Service Station Lot 1 DP 746376, 48 Denman Street, Maitland (Cont) • a traffic control plan in accordance with the RTA publication “Traffic Control at Worksites” shall be submitted to, and be approved by Council
28 Provide roadway/intersection lighting in accordance with the requirements of the power supply authority and Australian Standard AS 1158.
STORMWATER DRAINAGE 29 Prior to issue of the Construction Certificate, a detailed stormwater drainage plan, providing On-Site Detention (OSD) of stormwater, and designed in accordance with Council’s Manual Of Engineering Standards, shall be approved by the Principle Certifying Authority.
The design shall provide a minimum stored volume of 19 cubic metres, with a maximum permissible site discharge of 21.5 litres per second.
The design shall be based on the concept plan number PC002 A dated SEP’05.
Any variation to the works shall be approved by the designer, and a copy of Work-As-Executed drawings shall be submitted to Council with the certificate.
30 A stormwater retention system shall be designed, approved and constructed to entrap gross pollutants, nutrients and hydrocarbons generated from the site, in accordance with Council’s Manual of Engineering Standards. Full details shall be included with the engineering plans for the Construction Certificate.
31 Prior to issue of the Occupation Certificate, the stormwater detention and retention system(s) shall be constructed in accordance with the approved plans.
32 Prior to issue of the Occupation Certificate, a “Stormwater Management Plan” shall be prepared, detailing a regular maintenance programme for the pollution control device(s), covering inspection, cleaning and waste disposal. Copies of the “Plan” shall be presented to the property occupier and/or owner and Maitland City Council prior to occupation or operation of the development.
EROSION CONTROLS 33 The property shall be protected against soil erosion, such that sediment is not carried from the construction site by the action of stormwater, wind or “vehicle tracking”.
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05-3126 Service Station Lot 1 DP 746376, 48 Denman Street, Maitland (Cont) ADVICES A Prior to submitting an application for an Occupation Certificate the applicant should ensure that all relevant conditions of development consent have been complied with.
B You are advised that in regard to potential soil erosion from the construction site, such pollution of the environment is an offence under the Protection Of the Environment & Operations (POEO) Act and may incur infringement fines.
C You are advised that damage to existing roads and drainage system, as a result of construction works, may incur rectification costs.
D The property owner should note/be advised, that the issue of this development consent does not amount to a release, variation or modification by Council of any covenant applicable to this property and that any action taken by the applicant in accordance with the consent which results in any loss or damage by way of breach of the covenant will not be the responsibility of Council.
E. Approval is required under section 256(1)(b) of the Water Management Act 2000 to the proposed construction works.
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Officers Reports
DA 05-3126 - PROPOSED SERVICE STATION - LOT 1 DP 746376, 48 DENMAN STREET, MAITLAND
Locality Plan
Meeting Date: 24 January 2006
Attachment No: 1
Number of Pages : 1
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Officers Reports
DA 05-3126 - PROPOSED SERVICE STATION - LOT 1 DP 746376, 48 DENMAN STREET, MAITLAND
Public Submissions
Meeting Date: 24 January 2006
Attachment No: 2
Number of Pages : 5
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Officers Reports
DA 05-3126 - PROPOSED SERVICE STATION - LOT 1 DP 746376, 48 DENMAN STREET, MAITLAND
Submissions from Public Authorities
Meeting Date: 24 January 2006
Attachment No: 3
Number of Pages : 12
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Officers Reports
DA 05-3126 - PROPOSED SERVICE STATION - LOT 1 DP 746376, 48 DENMAN STREET, MAITLAND
Development Plans
Meeting Date: 24 January 2006
Attachment No: 4
Number of Pages : 18
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9.2.8 DA 04-967 AND RZ 04012 LOT 1 DP 18562 AND LOT B DP 100440 BELMORE ROAD LORN PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 AND ERECTION OF SINGLE STOREY DWELLING
File No: RZ 04012 and DA 04967
Attachments: Locality Plan LEP map LEP Instrument Site Plan & Elevations Submission
Responsible Officer: David Simm Manager Development and Environment
Author: Tanya Gurieff Senior Town Planner - Major Projects
EXECUTIVE SUMMARY Council is in receipt of a rezoning application and development application for land at Belmore Road Lorn. The site is currently zoned 1(a) Prime Rural Land and is currently vacant. The application is to rezone the land to 2(a) Residential and the erection of a single storey dwelling on the site.
Both the rezoning application and development application were publicly notified from Monday 15th August 2005 until Monday 12th September 2005. One submission was received in response to the notification of the application. This submission raised concerns regarding access onto the land from Sharkies Lane.
This report considers the suitability of proceeding to finalise the LEP to rezone the land to 2(a) Residential and to allow the erection of a dwelling on the land. In conclusion, it is recommended that the proposed amendment to the LEP and the development application be supported by Council.
OFFICER'S RECOMMENDATION THAT:
Council support the Local Environmental Plan to rezone Lot 1 DP 18562 and Lot B DP 100440 from 1(a) Prime Rural Land to 2(a) Residential;
The Local Environmental Plan be referred to the Department of Planning with a request that the Minister make the plan; and
Council approve DA 04-967 to allow a single storey dwelling on the land, subject to the conditions of consent set out in the attached schedule.
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DA 04-967 AND RZ 04012 Lot 1 DP 18562 and Lot B DP 100440 Belmore Road Lorn (Cont) REPORT PROPOSAL The proposal entails the rezoning of the land from 1(a) Prime Rural land to 2(a) Residential to allow the erection of a single storey dwelling on the land. The land comprises an area of approximately 1264m² in size and is located on the corner of Sharkies Lane and Belmore Road Lorn. Rural land and single storey dwellings on single allotments adjoin the land. The land is generally flat and cleared.
The land is zoned 1(a) Prime Rural land. Its location adjoining and adjacent to established residential development fronting two urban roads prevents its use for any productive agricultural pursuit. Under this zoning, a dwelling entitlement does not exist, as the site does not meet the requirements for the erection of dwelling houses in rural zones. Clause 13 of Maitland LEP 1993 specifies certain requirements for the erection of dwelling houses in rural zones. Clause 13 states:
13. What are the requirements with respect to the erection of dwelling houses in rural zones?
1) In this clause: Separate parcel means an allotment of land in existence on 1st January 1991 or the aggregation of two or more adjoining or adjacent allotments of land if they were in common ownership on 1 January 1991. Established cropping enterprise means an agricultural activity which uses an area of prime agricultural land for the cultivation of crops such as lucerne, corn, or fodder. Established horticultural enterprise means an agricultural activity which uses an area of prime agricultural land for commercial vegetable production.
2) The Council may consent to the erection of a dwelling house on: a) a separate parcel in Zone l(a) where: i) the separate parcel has a minimum area of 40 hectares; or ii) the separate parcel contains an established cropping establishment which has a cultivated area in excess of 15 hectares and which has been in operation for a minimum period of 2 years immediately prior to the application being made; or iii) the separate parcel contains an established horticultural enterprise which has a cultivated area in excess of 8 hectares and which has been in operation for a minimum period of 2 years immediately prior to the application being made; or
b) a separate parcel in Zone l(b) where the separate parcel has a minimum area of 4000m2.
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DA 04-967 AND RZ 04012 Lot 1 DP 18562 and Lot B DP 100440 Belmore Road Lorn (Cont) 3) Not withstanding subclause (2), Council may consent to the erection of a dwelling house on land in Zone 1(a), 1(b), 1(c) or 1(d) if:
a) the land comprises an allotment the subdivision of which was approved by Council after 14th April 1972; or b) the dwelling house is to replace an existing habitable dwelling house. 4) Subclause 3 (a) does not apply to an allotment created before or after the commencement of this subclause by a subdivision consented to by the Council for a purpose set out in clause 8 (2)(a), (b), (c), (d) or (f), except an allotment with a minimum area of 40 hectares created by a subdivision consolidating allotments.
The proposal does not meet the above requirements and the only option is to have the land rezoned to 2(a) Residential in order to erect a dwelling on the site. The highest and best use of the land would be residential development at a density consistent with the character and heritage values of Lorn.
PLANNING ASSESSMENT The proposal has been assessed under the relevant matters for consideration detailed in Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as follows:
Section 79C(1)(a)(i) provisions of any environmental planning instrument
At its meeting of 12th October 2004, Council resolved to prepare a LEP to rezone the land from 1(a) Prime Rural land to 2(a) Residential. The rezoning is justified on the basis that the subject land directly adjoins the existing 2(a) Residential zone in Lorn and is an integral part of the existing pattern of the urban settlement on Belmore Road. The land is not capable of being consolidated with adjoining prime rural property and it is unreasonable and unnecessary in this instance for the land to remain zoned as rural land.
The land is identified as being substantially flood liable. The subject land is located below the 1 in 100 year flood level as indicated by Council’s flood modelling data. Section 117(2) Direction G25 – Flood Prone Land prohibits a Local Environmental Plans from rezoning land zoned as rural to residentially zoned land unless the Director is satisfied that the variation of this direction maintains consistency with the objects of the Environmental Planning and Assessment Act 1979, as amended.
Council considered that this application had merit and justified its position to the Department of Planning based on flooding characteristics of the site to support this proposal for rezoning. Based on the assessment of the information submitted against Council’s Development Control Plan No. 29 – Floodplain Management, the information submitted suggests that the proposed development of the site will be acceptable given the demonstrated flooding characteristics of the site. In addition, the flood proofing works to be undertaken (house raising) are not considered to have impact on the local area. Page 269 ORDINARY MEETING AGENDA 24 JANUARY, 2006
DA 04-967 AND RZ 04012 Lot 1 DP 18562 and Lot B DP 100440 Belmore Road Lorn (Cont)
Furthermore the provisional flood risk at the site has been assessed as low. This means that based on the depth and velocity characteristics that the flood risk is acceptable and will not impact detrimentally on the proposed future development of the site.
The Department of Infrastructure, Planning and Natural Resources, reviewed Council argument of flood risk in the area and found the proposal is consistent with the relevant flood management plans and the like.
Clause 33 What controls apply with respect to development within heritage conservation areas? 1) A person shall not, in respect of a heritage conservation area: a) demolish or alter a building or work within the area; b) damage or move a relic, or excavate for the purpose of exposing a relic within the area; c) damage or despoil a place within the area; d) erect a building on or subdivide land within the area; or e) damage any tree within the area, except with the consent of the Council. 2) The Council shall not grant consent to a development application required by this clause unless it has made an assessment of the extent to which the carrying out of the development in accordance with the consent would affect the heritage significance of the heritage conservation area. 3) The Council shall not grant a consent required by this clause to the erection of a new building or the alteration of the exterior of an existing building, unless the Council has made an assessment of a) the pitch and form of the roof; b) the style, size, proportion and position of the openings for windows and doors; and c) whether the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building are compatible with the materials used in the existing buildings within the heritage conservation area. 4) This clause does not apply to any development which, in the opinion of the Council, is of a minor nature or does not adversely affect the heritage significance of the heritage conservation area concerned. Council’s Heritage Officer has reviewed the proposal and has provided the following comments.
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DA 04-967 AND RZ 04012 Lot 1 DP 18562 and Lot B DP 100440 Belmore Road Lorn (Cont) “An assessment of the proposed structure has been undertaken in accordance with the policies identified under DCP 34, Maitland Conservation and Design Guidelines. The site is located on the edge of the Lorn Conservation Area, and although of an irregular lot shape, is considered to relate more strongly to the residential characteristics of the Conservation Area, than the open rural surrounds and setting of the Conservation Area. As such its development for residential purposes is considered to be acceptable, providing a design of sympathetic design and proportion is developed. It also does not form part of the setting of a former larger lot or landscape setting of a significant item, such as Warrane on the opposite side of the road. With regard to the design, the form of the building reflects a typical federation configuration of an asymmetrical design with projecting gable. The scale of the building is typical of other residences within the Lorn Conservation Area, with window positioning and placement appropriate. The setback of 6.2m is acceptable. Council’s Heritage Officer has provided a number of requirements in relation to the design of the dwelling which have been incorporated into the conditions of consent.
Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition The proposal meets the requirements of the draft Heritage LEP.
Section 79C(1)(a)(iii) any development control plan DCP 29 – Hunter River Floodplain Management
Issues relating to flooding have been discussed previously in this report.
DCP 34 – Maitland Conservation and Design Guidelines
Issues relating to heritage conservation have been discussed previously in this report. Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph) Not Relevant Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality The development is unlikely to have any adverse impact on the natural environment. The development will represent an increase in the density of residential development in the immediate locality however the potential impacts associated with this increase in density will be minor as the proposal is for only one additional dwelling. The proposed dwelling will be single storey in scale and is appropriate in terms of
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DA 04-967 AND RZ 04012 Lot 1 DP 18562 and Lot B DP 100440 Belmore Road Lorn (Cont) consistency with other buildings in the locality. The dwelling has been assessed as being consistent with Council’s adopted heritage design guidelines (DCP No. 34).
Section 79C(1)(c) the suitability of the site for the development The land is an integral part of the existing pattern of the urban settlement on Belmore Road. The land is not capable of being consolidated with adjoining prime rural land and the construction of a single storey dwelling will prove to be the highest and best use of the land consistent with the character and heritage values of Lorn.
Although the site is subject to the 1% AEP Flood event as described by the Lower Hunter Valley Supplementary Study (1998) and Development Control Plan No. 29 – Hunter River Floodplain Management, the dwelling has been designed to provide habitable rooms above the adopted flood standard or 1% AEP Flood event.
The site does not lie within a Floodway as declared by Clause 41 of the Maitland Local Environmental Plan, 1993 and does not require consideration by Council’s Floodplain Management Committee.
The site is considered suitable for the development proposed.
Section 79C(1)(d) any submissions made in accordance with this act or the regulations
Public Submissions
In accordance with section 72K of the Environmental Planning and Assessment Act 1979, the draft LEP and development application were placed on public exhibition from Monday 15th August 2005 until Monday 12th September 2005. One (1) submission was received in response to the notification of the application. The issues raised are as follows:
Our primary concern is in relation to the entry and egress from the site by the owner’s, visitor’s and service vehicles. The plan shows for all vehicular activity to be via Sharkies Lane. Sharkies Lane is quite narrow, just wide enough for two vehicles to pass with care, and parking of vehicles in the Lane, for however long, would be an impediment to traffic and pedestrians. What is not clear is the owner’s intention in relationship t the fencing and gate arrangements facing the lane.
If it is the intention to fence and gate on the boundary of the property in Sharkies Lane then we strongly object to this being approved.
Planner's Comment The applicant has advised Council of the following:
“Fencing is not proposed to the boundary of Sharkies Lane. In the event that fencing is proposed along the Sharkies Lane boundary, then such fencing
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DA 04-967 AND RZ 04012 Lot 1 DP 18562 and Lot B DP 100440 Belmore Road Lorn (Cont) should include an appropriate setback in the area of the gate access such that safe ingress and egress can be made.”
Council’s Subdivision Engineer has inspected the site and has required a restriction on the title of the property under Section 88B of the Conveyancing Act for the area of the lot defined by a triangle at the north-east corner of the lot (at the intersection of Sharkies Lane and Belmore Road) for a distance of six (6) metres along each lot boundary. This will assist in sight lines for vehicular traffic. Vehicular access to the garage from Sharkies Lane will also be unhindered from the Lane to avoid traffic conflicts within the laneway. These requirements have been incorporated into the Schedule of Conditions for the development application.
Submissions from public authorities and Section 62 Statutory consultations Due to the minor nature of the development, Council considered it unnecessary to consult with public authorities in this case.
Section 79C(1)(e) the public interest
The proposal is considered to be in the public interest.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS The statutory process for preparing an amendment to Maitland Local Environmental Plan 1993 is detailed in Part 3 of the Environmental Planning and Assessment Act 1979.
CONCLUSION The rezoning proposal is generally consistent with the surrounding pattern of development and Council’s heritage objectives for the development of Lorn. The applicant’s submission adequately addresses the key environmental issues associated with the rezoning proposal. It is therefore recommended that Council proceed with implementation of the amended draft Local Environmental Plan.
An assessment of development application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as amended. The proposed development is considered satisfactory in terms of the relevant matters for consideration under the Act and the development application is recommended for approval.
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DA 04-967 AND RZ 04012 Lot 1 DP 18562 and Lot B DP 100440 Belmore Road Lorn (Cont)
SCHEDULE OF CONDITIONS COMPLIANCE Reason: The following condition(s) have been applied to confirm and clarify the terms of Council’s Approval.
1 The applicant shall comply with all conditions within this schedule prior to occupancy of the proposed development.
2 The proposed development is to be carried out strictly in accordance with the plans and documentation submitted with the application and any amendments to those plans arising through conditions to this consent.
3 Lot 1 DP 18562 and Lot B DP 100440 shall be consolidated prior to issue of the Occupation Certificate.
LANDSCAPING Reason: The following condition(s) have been applied to ensure that adequate provision is made for the landscaping of the site in association with the proposed development, to enhance the external appearance of the development, and to ensure that existing and proposed landscaped areas are appropriately maintained.
4 No tree exceeding 3 metres in height or having a branch spread of 3 metres or more in diameter is to be removed from the subject land unless: i) The removal is essential in order for the development under this consent to proceed; and ii) Consent to the removal of the tree(s) has been granted by Council in accordance with Clause 29 of the Maitland Local Environmental Plan, 1993.
5 All boundary fence design detail shall be submitted to Council for approval. The fence fronting Belmore Road shall be no higher than 1200- 1300mm.
6 The Jacaranda tree in the corner of the site shall be retained.
DESIGN Reason: The following condition(s) have been applied to ensure that: i) Buildings are constructed in a manner which has regard for the constraints affecting the subject land.
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DA 04-967 AND RZ 04012 Lot 1 DP 18562 and Lot B DP 100440 Belmore Road Lorn (Cont) ii) Buildings are constructed of suitable materials with respect to their function and location and that colour schemes and restoration works are appropriate and retain the integrity of existing structures.
7 The floor level of all habitable rooms is to be a minimum of 500mm above the 1 in 100 year AEP flood level on the subject land. In this regard, a Survey Plan describing the R.L. (A.H.D.) of the subject land and the R.L. (A.H.D.) of the 1 in 100 year AEP flood level is to be prepared by a Registered Surveyor and submitted in conjunction with the Construction Certificate.
8 Certification that the floor level of the proposed dwelling meets Council's requirements is to be made DURING CONSTRUCTION. This is to be done by submission of an identification survey when minimum floor level is reached and prior to any further construction.
9 The building is to be constructed such that it will withstand the effects of flooding. In this regard, an Engineer's Certificate stating that the structure is capable of withstanding the characteristics of flooding at its location, is to be issued in conjunction with the Construction Certificate.
10 Painted, timber framed windows shall be used.
11 A colour scheme and materials specification shall be submitted to Council for approval.
12 Fascias shall be applied to the outer edges of the window awnings.
13 Single pane, double hung windows shall be used for all openings.
14 Timber barge and fascias shall be used.
15 A colour sample for the proposed face brick shall be submitted to Council for approval.
16 Timber decking and nosing board should be applied to the front return verandah.
17 A 300mm eaves overhang to the fascia line shall be applied.
UTILITY SERVICES Reason: The following condition(s) have been applied to ensure that adequate utility installations are provided to the site to serve the development and to satisfy the requirements of the various servicing authorities.
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DA 04-967 AND RZ 04012 Lot 1 DP 18562 and Lot B DP 100440 Belmore Road Lorn (Cont) 18 A Certificate under Section 50 of the Hunter Water Corporatisation Act, 1991, shall be obtained prior to issue of the Construction Certificate. Applications for Section 50 Certificates are to be made direct to the Hunter Water Corporation.
Standard General Provisions – Dwelling DA Only Reason: The objectives of the following conditions are to draw to the attention of the applicant and owner their responsibilities to comply with various provisions of the Environmental Planning and Assessment Act, 1979, Environmental Planning and Assessment Regulations, 1994, Local Government Act 1993; Regulations; Building Code of Australia and Local Policies relating to building construction and maintenance.
19 A CONSTRUCTION CERTIFICATE IS TO BE OBTAINED PRIOR TO COMMENCING CONSTRUCTION WORKS.
20 THE APPLICANT IS REQUIRED TO SUBMIT TO COUNCIL NOTICE OF APPOINTMENT OF THE PRINCIPAL CERTIFYING AUTHORITY AT LEAST TWO (2) DAYS PRIOR TO THE COMMENCEMENT OF CONSTRUCTION WORKS.
21 THE BUILDING, OR ANY PORTION OF THE BUILDING, SHALL NOT BE OCCUPIED UNTIL AN OCCUPATION CERTIFICATE HAS BEEN ISSUED.
22 All aspects of the building design shall comply with the applicable performance requirements of the BCA for a Class 1(a) dwelling so as to achieve and maintain acceptable standards of structural sufficiency, safety (including fire safety), health and amenity for the ongoing benefit of the community. Compliance with the performance requirements can only be achieved by: a) complying with the deemed to satisfy provisions, or b) formulating an alternative solution which: i) complies with the performance requirements, or ii) is shown to be at least equivalent to the deemed to satisfy provision, or c) a combination of a) or b).
23 All building work must be carried out in accordance with the provisions of the Building Code of Australia.
24 The completed building is to be setback from boundary alignments as indicated on the approved plans.
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DA 04-967 AND RZ 04012 Lot 1 DP 18562 and Lot B DP 100440 Belmore Road Lorn (Cont) 25 The owner should note that the issue of development consent does not amount to a release, variation or modification by Council of any covenant applicable to this property and that any action taken by the applicant in accordance with this consent which results in the incurring of any loss or damage by way of breach of the covenant will not be the responsibility of Council.
26 The proposed structure shall not be located on or over any easements on the subject allotment other than as may be expressly permitted and indicated on the approved plans.
27 A copy of the approved plans and specifications and consent shall be kept on the site at all times during construction.
28 The applicant shall consult with Council’s Asset Planning & Management Group for all advice concerning works associated with; a) Footpath crossings b) Kerb crossings c) Stormwater outlets d) Driveway gradients and profiles.
29 (1) Building work that involves residential building work (within the meaning of the Home Building Act, 1989) must not be carried out unless the principal certifying authority for the development to which the work relates: (a) in the case of work to be done by a licensee under that Act: (i) has been informed in writing of the licensee’s name and contractor licence number, and (ii) is satisfied that the licence has complied with the requirements of Part 6 of that Act, or (b) in the case of work to be done by any other person: (i) has been informed in writing of the person’s name and owner-builder permit, or (ii) has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in Section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs. Page 277 ORDINARY MEETING AGENDA 24 JANUARY, 2006
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(2) A certificate purporting to be issued by an approved insurer under Part 6 of the Home Building Act, 1989, that states that a person is the holder of an insurance policy issued for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that part.
30 All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards and must be properly guarded and protected to prevent them from being dangerous to life or property.
SERVICES & EQUIPMENT Reason: The objectives of the following conditions are to ensure that adequate inbuilt and external fire protection services are provided to restrict fire growth, facilitate fire safety, prevent fire spreading to adjoining buildings or allotments, to enable safe evacuation of occupants before the environment becomes untenable, to provide services that facilitate safe egress in the event of power failure, to provide early warning and or initiate automatic counter measures and to provide for on-going maintenance of all active services.
31 In a Class 1 dwelling, self-contained smoke alarms must be installed on or near the ceiling between each area containing bedrooms and the remainder of the building, including hallway associated with the bedrooms. These must be connected to mains electrical power supply and have a standby power supply.
HEALTH & AMENITY Reason: The objectives of the following conditions are to ensure that a building is so designed and constructed so that it and adjoining properties are not subject to dampness and are weatherproof, provide adequate toilet and washing facilities, room sizes are adequate for the use and purpose, light ventilation is adequate for the occupants and adequate insulation against noise transmission is provided.
32 Roof waters are to be disposed of to street gutters or approved stormwater systems/catchments where possible. Alternative disposal of roof waters may be permissible only in accordance with Council policy.
SITE CONSIDERATIONS Reason: The objectives of the following conditions are to provide for a safe and healthy environment for the occupants of the allotment and to maintain an adequate level of safety and cleanliness for the local environment.
33 All excavated and/or filled areas are to be retained or battered and suitably drained so as to prevent any subsidence of the area and constructed so as to deny any flow of water into or around the building or neighbouring buildings or onto neighbouring land.
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DA 04-967 AND RZ 04012 Lot 1 DP 18562 and Lot B DP 100440 Belmore Road Lorn (Cont) Where a retaining wall is planned for this purpose and such wall exceeds 1.0 metres in height at any point from finished ground level, plans and specifications of the construction SHALL BE APPROVED BY COUNCIL BEFORE WORKS COMMENCE. Plans and specifications of retaining walls greater than 1.0 metres in height MUST BE CERTIFIED BY A PRACTICING PROFESSIONAL ENGINEER. Note: The submission of a separate Development Application is not required for a retaining wall associated with this approval and indicated on the approved plans.
34 All building refuse on this building site shall be stored in such a manner so as not to cause a nuisance to adjoining properties.
35 If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made: i) Must preserve and protect the building from damage, and ii) If necessary, must underpin and support the building in an approved manner, and iii) Must, at least seven (7) days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.
The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this condition, whether carried out on the allotment of land being excavated or on the adjoining allotment of land. (Includes a public road and any other public place).
36 A sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out: i) Stating that unauthorised entry to work site is prohibited, and ii) Showing the name of the person in charge of the work site and a telephone number at which that person may be contacted during work hours.
Any such sign is to be removed when the work has been completed.
This condition does not apply to: i) Building work carried out inside an existing building, or
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DA 04-967 AND RZ 04012 Lot 1 DP 18562 and Lot B DP 100440 Belmore Road Lorn (Cont) ii) Building work carried out on premises that are to be occupied continuously (both during and outside working hours) while the work is being carried out.
37 Approved toilet facilities are to be provided, at or in the vicinity of the work site on which the work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. The provision of toilet facilities in accordance with this Clause must be completed before any other work is commenced.
38 The site is to be cleared of all building refuse and spoil immediately after completion of the building.
39 No building materials, refuse or spoil are to be deposited, or be allowed to remain, on Council’s footpath.
40 Soil erosion and sediment controls are to be provided in accordance with Council’s policy prior to and during the construction of the proposed development.
41 The applicant is required to notify Council in writing prior to commencing building operations, of any existing damage to kerbing and guttering and/or footpath paving associated with the subject Lot. The absence of such notification signifies that no damage exists and the applicant shall therefore be liable for the cost of the repair of any damage to kerbing and guttering or footpath paving which may be necessary after completion of the building operation.
42 Rubbish generated from the development is to be suitably contained on site at all times. No rubbish shall be stockpiled in a manner which facilitates the rubbish to be blown off site.
ANCILLARY PROVISIONS Reason: The objectives of the following conditions are to provide more specific requirements for particular points of building or structures and to compliment provisions of related legislation.
43 Termite Control Methods are to be installed or applied to the building and must comply with the provisions of the Building Code of Australia and AS3660.1-1995 in regard to suitability of use. A durable notice, detailing all the methods of termite protection installed, is to be completed and located in or near the meter box or similar location so that it can be readily observed by building owners and occupiers.
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DA 04-967 AND RZ 04012 Lot 1 DP 18562 and Lot B DP 100440 Belmore Road Lorn (Cont) 44 The applicant shall comply with all conditions within this schedule prior to occupancy of the proposed development.
45 Hours of Work: Unless otherwise approved by Council in writing, all building work associated with this approval shall be carried out between 7.00am and 6.00pm Monday to Fridays and 7.00am to 5.00pm on Saturdays with no work permitted on Sundays or Public Holidays that may cause offensive noise.
46 Where a lot has frontage to existing concrete foot paving or a cycle path within the footpath, then the location of the proposed vehicular driveway access to the building is to be identified and the concrete paving removed over the width of the access. Access to the site by construction traffic will only be permitted at this location. Any damage to the remainder of the footpaving/cyclepath is to be reinstated by the property owner to Council’s satisfaction.
47 Prior to construction of the driveway crossing on the public footway, an “APPLICATION TO CONSTRUCT PRIVATE WORKS ON FOOTWAY” form must be completed and submitted to Council, together with the nominated fee. Note that: • an in-progress inspection must be carried out prior to pouring of concrete • formwork and reinforcement must be in position • at least 24 hrs notice must be given for the inspection
48 Prior to issue of the Occupation Certificate, light duty vehicular footway crossings shall be constructed as full width concrete slabs, in accordance with Council’s standard drawings SD005 to SD012 and SD014. Particular attention must be paid to the constructed driveway profile to ensure the crossing complies with Council’s construction standards, which satisfy the Disability Discrimination Act. Concrete shall be a minimum of 125mm thick, reinforced with F72 mesh with 25mm cover to the top of the slab. Concrete with a 28-day minimum compressive strength of 20Mpa shall be used.
49 Barricades and lights are to enclose the whole of the vehicular crossing work area, and are to be maintained for the duration of the work. Adjacent footpath areas are to be kept clear of debris etc. at all times and in a safe condition for pedestrian access.
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DA 04-967 AND RZ 04012 Lot 1 DP 18562 and Lot B DP 100440 Belmore Road Lorn (Cont) TRAFFIC/ROADS/FOOTPATH Reason: The following condition(s) have been applied to ensure that the surrounding road system, footpaths, access/egress and internal parking and maneuvering areas are designed and constructed to a standard adequate to service the proposed development.
50 Road widening is required at the northeastern corner of the lot, at the intersection of Sharkies Lane and Belmore Road, for a distance of six metres (6 metres) along both lot boundaries from the intersection. The widening is to be dedicated as Public Road at no cost to Council.
51 The access to the property’s garage is to be constructed of a two-coat bitumen sealed gravel pavement (200mm minimum depth) between the property boundary and the existing bitumen sealed roadway in Sharkies Lane.
52 Vehicular access to the garage(s) from Sharkies Lane is to be clear of any fencing or gates and permit unhindered access from the Lane to avoid traffic conflicts within the laneway.
DRAINAGE & SEDIMENT/EROSION CONTROL Reason: The following condition(s) have been applied to ensure that: (i) Adequate sediment/erosion control structures are provided to prevent siltation of existing drainage systems and waterways; (ii) Stormwater internal and external to the proposed development site is controlled to minimise the risk of flooding to upstream and downstream properties; and (iii) Due regard is given to the development of flood liable land or land in the vicinity of flood liable land.
53 The lot shall have the following restriction as to user (RATU) created and notated on the linen plan and accompanying instrument pursuant to Section 88B of the Conveyancing Act (1919). “No habitable dwelling shall be erected, or shall be permitted to remain if the habitable floor levels are not constructed a minimum of 500mm above the 1% AEP flood storm level (at the time of construction) of the adjacent flood plain or watercourse.”
SCHEDULE OF ADVICE
Council’s “APPLICATION TO CONSTRUCT PRIVATE WORKS ON FOOTWAY” application form, which includes copies of Council’s standard drawings, is available from Council’s Customer Service Counter at High St Maitland, by post or by telephoning Council on 49349 700.
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DA 04-967 AND RZ 04012 Lot 1 DP 18562 and Lot B DP 100440 Belmore Road Lorn (Cont)
Officers Reports
Rezoning and Development Application
Locality Plan
Meeting Date: 24 January 2006
Attachment No : 1
Number of Pages : 1
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DA 04-967 AND RZ 04012 Lot 1 DP 18562 and Lot B DP 100440 Belmore Road Lorn (Cont)
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DA 04-967 AND RZ 04012 Lot 1 DP 18562 and Lot B DP 100440 Belmore Road Lorn (Cont)
Officers Reports
Rezoning and Development Application
LEP map
Meeting Date: 24 January 2006
Attachment No : 2
Number of Pages : 1
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DA 04-967 AND RZ 04012 Lot 1 DP 18562 and Lot B DP 100440 Belmore Road Lorn (Cont)
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DA 04-967 AND RZ 04012 Lot 1 DP 18562 and Lot B DP 100440 Belmore Road Lorn (Cont)
Officers Reports
Rezoning and Development Application
LEP Instrument
Meeting Date: 24 January 2006
Attachment No : 3
Number of Pages : 2
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DA 04-967 AND RZ 04012 Lot 1 DP 18562 and Lot B DP 100440 Belmore Road Lorn (Cont)
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DA 04-967 AND RZ 04012 Lot 1 DP 18562 and Lot B DP 100440 Belmore Road Lorn (Cont)
Page 289 ORDINARY MEETING AGENDA 24 JANUARY, 2006
DA 04-967 AND RZ 04012 Lot 1 DP 18562 and Lot B DP 100440 Belmore Road Lorn (Cont)
Officers Reports
Rezoning and Development Application
Site Plan & Elevations
Meeting Date: 24 January 2006
Attachment No : 4
Number of Pages : 1
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DA 04-967 AND RZ 04012 Lot 1 DP 18562 and Lot B DP 100440 Belmore Road Lorn (Cont)
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DA 04-967 AND RZ 04012 Lot 1 DP 18562 and Lot B DP 100440 Belmore Road Lorn (Cont)
Officers Reports
Rezoning and Development Application
Submission
Meeting Date: 24 January 2006
Attachment No : 5
Number of Pages : 1
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DA 04-967 AND RZ 04012 Lot 1 DP 18562 and Lot B DP 100440 Belmore Road Lorn (Cont)
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DA 04-967 AND RZ 04012 Lot 1 DP 18562 and Lot B DP 100440 Belmore Road Lorn (Cont)
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9.2.9 AMENDMENTS TO 1995 SECTION 94 PLAN
File No: 103/41
Responsible Officer: Brad Everett Group Manager Service Planning & Regulation
Author: Leanne Harris Manager Strategic Services
EXECUTIVE SUMMARY In October 2005, Council resolved to exhibit amendments to its existing 1995 Section 94 Contributions Plan. These amendments deal with the Council’s requirements for the provision of public open space, particularly where such land has previously been identified in a development control plan.
The exhibition process has now been completed and no submissions relating to the proposed amendments were received. Accordingly the matter is now reported to Council with a recommendation that the amended Plan be approved by the Council and that the amended version of the Plan replace the former 1995 Plan.
OFFICER'S RECOMMENDATION THAT
1. Council approve the amendments to the existing 1995 Section 94 Plan, as exhibited and replace the former version of the Plan with this version.
2. Council give public notice of its decision in relation to this matter in a local newspaper within 28 days of the date of this report.
REPORT Council’s current Section 94 Contributions Plan was adopted in 1995 and subsequently amended in 1997. The Plan enables the Council to require contributions toward the provision, extension or augmentation of public amenities and services that will or are likely to be required as a result of development within the Maitland Local Government Area. Such contributions include the payment of money or the dedication of land or both.
Over many years the Council has adopted a series of land use Development Control Plans, which contain detailed provisions relating to the development of specific parcels of land. In terms of residential subdivisions, these DCPs identify the Council’s requirements (on behalf of the community) for the provision of roads, drainage, community facilities and open space.
There was a degree of uncertainty in the current Section 94 Plan as to the responsibility of developers to provide appropriate open space land to comply with the provisions of the relevant land use DCPs for a given locality. It was considered Page 295 ORDINARY MEETING AGENDA 24 JANUARY, 2006
Amendments to 1995 Section 94 Plan (Cont.) fundamental that this uncertainty be clarified and remedied and therefore a series of amendments to the Plan were drafted and following Council’s resolution these have been exhibited for public comment. In summary the amendments to the plan include:
• updated references to Council’s currently adopted land use Development Control Plans • new clauses authorising dedication of land free of cost to the Council • more detailed provisions in respect of the manner in which Council will deal with offsets in respect of land dedication matters and how land dedication processes will operate • references to Council’s recently adopted Bike Plan 2005
The amended Plan was exhibited for a period of 28 days, over the period 17th November 2005 until 16th December 2005 inclusive. No submissions were received as a result of this exhibition process.
Accordingly the matter is reported back to Council with a recommendation that the amended Plan now be formally approved in the form in which it was exhibited. In accordance with the Environmental Planning & Assessment Regulation notice of the Council’s decision in relation to this matter must be given within the local newspaper within 28 days of the date of this report.
As the Council is aware, draft City Wide and Thornton North Section 94 Contributions Plans, 2005 are currently being publicly exhibited and will be reported to Council in the near future. The amendments to the existing 1995 Plan are not intended to constitute a thorough review of the Plan as this will occur through the new draft Plans.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
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9.2.10 CITY WIDE DEVELOPMENT CONTROL PLAN
File No: 103/1
Responsible Officer: Monica Gibson City Strategist
Author: Gary Hamer Town Planner
EXECUTIVE SUMMARY Recent amendments have been made to the Environmental Planning and Assessment Act 1979, affecting the operation of development control plans in the Maitland Local Government Area.
To avoid non compliance with the legislation, all development control plans have been consolidated into a new document. No changes are proposed to the content or operation of the plans, with the amendment merely to address statutory requirements.
Council resolved on the 8 November 2005 to prepare a new City Wide Development Control Plan that consolidates all existing and future DCPs into one plan and to exhibit the plan .
The draft development control plan was exhibited in accordance with Part 3 of the Environmental Planning and Assessment Regulation 2000 for a period of 28 days from 24 November 2005 until 22 December 2005. Council received no written submissions.
OFFICERS RECOMMENDATION THAT Council adopt the new Maitland City Wide Development Control Plan that consolidates all existing development control plans into a single document.
REPORT As mentioned in the previous Council report of 8 November 2005, recent amendments and changes have been made to planning legislation and practice. The proposed outcomes of these changes are to increase the efficiency and effectiveness in the delivery of planning outcomes throughout NSW. The changes include the standardisation of LEP templates, amendments to developer contributions and processes involved in assessment of state significant developments. At present, these changes are occurring at various stages.
On 30 September 2005, amendments were gazetted to the Environmental Planning and Assessment Act 1979 that affects the preparation and utilisation of development control plans (DCPs). In a circular to all Councils, the Department of Planning noted
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City Wide Development Control Plan (Cont.) that the core objective of the amendments was to reduce the number of DCPs and to clarify the relationships of DCPs to LEPs.
Specifically the new provisions as defined by Part 3 Division 6 require Council to reduce the overall number of DCPs so that only one plan applies to each site. This can be achieved through a single comprehensive DCP that applies to an entire local government area, or many detailed DCPs each relating to a specific location. Some Lower Hunter Councils have already amended their planning approach and have one or two DCPs that apply to the whole Local Government Area (ie Newcastle and Lake Macquarie). In the case of Newcastle, there are two planning documents, the Newcastle Development Control Plan 2005 and the Newcastle Development Control Plan 2005 Technical Manual which are supplementary material for the control plan. The technical manual incorporates specific information such as car parking, flood management, stormwater, landscaping etc.
Subsequently on the 9 December 2005, the Department of Planning issued a circular informing all Councils that the implementation for the new single comprehensive DCP shall be postponed until 30 April 2006. However, given the number of DCPs currently in preparation for the urban release areas of Thornton North, Gillieston Heights and Aberglasslyn, and other current projects, it is considered appropriate to proceed with the changes immediately.
In order for Council to comply with all new statutory requirements under the changes to the legislation, it is recommended that all DCPs be consolidated into one single planning document to be known as DCP City Wide. The effect of the consolidation is primarily an administrative one and does not alter the content or functionality of the 40 odd DCPs currently in force. In effect, each of the existing DCPs are referred to as chapters of the City Wide DCP with the removal of the existing numbering system. As there are currently a number of draft DCPs, this approach allows greater flexibility.
As part of Council’s regular review of planning documents and policies, the provisions of all DCPs shall be reviewed and it is envisaged that this will occur concurrently with the preparation of the new citywide LEP. Until this time, the interim consolidation of DCPs into a single document will ensure compliance with the recent amendments to the legislation without rendering existing provisions obsolete.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council’s adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council, as all existing DCP provisions will be incorporated into the new citywide DCP.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter. This matter is proposed to ensure that the requirements of Part 3 Division 6 of the Environmental Planning and Assessment Act 1979 are complied with.
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9.2.11 AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN - THORNTON NORTH URBAN RELEASE AREA
File No: RZ05004 & RZ05007
Attachments: LEP for zone change LEP for release area Submissions
Responsible Officer: Leanne Harris Manager Strategic Services
Author: Monica Gibson City Strategist
EXECUTIVE SUMMARY The purpose of this report is to provide information on the preparation and drafting of the Thornton North Urban Release Area LEP and the site specific rezoning of Category 1 land within the release area, and to comment on the submissions received during the public exhibition of the draft plans. The two plans are submitted to Council for joint consideration due to the integrated nature of the LEPs and the planning work that has been undertaken in their preparation.
A draft Local Environmental Plan (LEP) has been prepared and exhibited for the Thornton North Urban Release Area, supporting the adopted Thornton North Master Plan and the draft Thornton North Section 94 Contributions Plan and draft Thornton North Development Control Plan. This LEP has also been referred to as the “umbrella plan” as it applies to the entire Thornton North area. The aim of the draft LEP is to ensure the provision of essential infrastructure in a timely and equitable manner for the development of Thornton North. In addition, the draft LEP also seeks to ensure consistency with the adopted master plan and development control plan.
Since 2004, applications have been received and assessed for the rezoning of Category 1 lands in Thornton North. Draft LEPs have subsequently been prepared and exhibited for a total of fourteen lots in Thornton North. A consolidated rezoning plan has been drafted, providing for approximately 2,500 future dwellings or 50% of the total estimated development yield in Thornton North. An area of environmental protection is proposed in the draft plan, to enable conservation of a viable area (30ha) of Lower Hunter Spotted Gum- Ironbark Forest and Squirrel Glider habitat, as well as important riparian areas. The location of this zone has been determined in consultation with the landowners and the Department of Environment and Conservation, however the conservation area does not exactly correspond to the location of the buffer area shown on the Thornton North Master Plan as a result of more detailed investigations undertaken since the preparation of the Master Plan.
Consultation was undertaken with government agencies, the Department of Planning, landowners and the community during the preparation of the draft LEPs. Twenty-
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AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN - THORNTON NORTH URBAN RELEASE AREA (Cont.) eight written submissions (including eleven objections) were made during the course of the public exhibition period, providing suggestions for various amendments to the draft plans. Variations from the Master Plan (particularly the vegetated area between John Arthur Drive and Lots 1 and 20) and inadequate detail were the main issues raised in the submissions. These comments have been considered and, where appropriate, amendments have been made to the plans presented to Council for its deliberation.
Suitable provisions have been included in the draft LEPs to provide for essential infrastructure, as identified specifically by the RTA and state rail agencies. The detail of these works will continue to be investigated through discussions with these agencies, but will not alter the draft LEPs.
OFFICER'S RECOMMENDATION THAT:
1. The amendments to the draft Local Environmental Plans referred to in this report be accepted, and that due to the minor nature of the amendments, the plans not be re-exhibited in accordance with Section 68(3B) of the Environmental Planning and Assessment Act 1979 (the Act).
2. Subject to agreement being reached with the RTA and pursuant to Section 68(4) of the Act, the Thornton North Urban Release Area Local Environmental Plan be submitted to the Department of Planning, with a request that the Minister makes the Plan.
3. Pursuant to Section 68(4) of the Act, the rezoning amendments for the Category 1 land as shown on Map 2 be submitted to the Department of Planning with a request that the Minister makes the Plan, subsequent to the making of the Thornton North Urban Release Area Plan.
4. The minor variation to the Thornton North Master Plan in relation to the location of a vegetation buffer, as detailed in this report, be endorsed.
5. A further report be presented to Council regarding the rezoning of land in Timberlane Estate.
REPORT In July and October 2004, Council resolved to prepare draft LEPs for the rezoning of Category 1 land and to provide for essential infrastructure and planning controls in Thornton North. Following detailed consultation with the Department of Planning and other government agencies, draft plans were prepared for exhibition.
A series of draft LEPs that sought rezoning of the Category 1 land to 2(a) Residential were exhibited during March, May and June 2005. Since that time, the rezoning plans have been consolidated for administrative purposes into a single plan, as shown in Attachment 1 (Map 2).
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AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN - THORNTON NORTH URBAN RELEASE AREA (Cont.) The Thornton North Urban Release Area draft LEP was subject to more detailed preparation, including consultation with the RTA and state rail authorities regarding the provision of major infrastructure. Upon agreement from these agencies, the draft LEP was exhibited in November 2005.
CONSULTATION As a result of the public exhibition periods for the draft LEPs, twenty-eight submissions have been received (9 on the Urban Release Area plan and 19 on the site specific rezonings), from landowners in and adjoining Thornton North, development representatives and state and public agencies. All the submissions are reproduced in Attachment 3.
Thornton North Urban Release Area Local Environmental Plan
In relation to the draft Urban Release Area plan, a number of submissions suggested changes to the wording of the plan to better reflect specific requirements (Hunter Water Corporation), or the intent of the Thornton North Master Plan (three submissions). These amendments have been incorporated into the LEP as minor drafting alterations. Specifically, the details regarding road works have been removed from the LEP as they are more appropriately contained with the Thornton North Section 94 Plan and Development Control Plan (currently on exhibition).
Social and ecological issues Two submissions object to development in Thornton North, on ecological and social matters. Whilst the draft Urban Release Area LEP does not rezone land or specifically approve development in Thornton North, the concerns raised in the submissions have some validity in the determination of planning controls for the area.
During the extensive period of investigations and planning, studies and discussions have been undertaken with a range of stakeholders to ascertain the best outcome for the Thornton North area. Key areas of significant vegetation were identified in the Master Plan to be protected and maintained, providing a certain and coordinated approach to biodiversity management. In addition, each step of the planning process requires an ecological assessment, and more detailed studies have been prepared for each of the site rezonings, building a bank of knowledge about the ecosystems within Thornton North. This information assists in planning and assessment.
No changes are warranted to the DLEP as a result of these submissions.
Infrastructure and timing of works A submission objects to the Thornton North Urban Release Area plan, requesting further detail about infrastructure provisions, development controls and road works. Subsequently to receiving this submission, the draft Thornton North Section 94 plan and Development Control Plan have been placed on public exhibition. Much of the uncertain detail raised in the objection is contained within these documents. All members of the community have the opportunity to make submissions on the Section 94 plan and DCP, and any submissions will be reported to Council.
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AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN - THORNTON NORTH URBAN RELEASE AREA (Cont.) On the matter of infrastructure, the draft Section 94 plan provides extensive information about the timing, staging and type of infrastructure to be established in conjunction with the Thornton North development. Thresholds for service provision are identified in the Section 94 plan to ensure that infrastructure is provided in line with population growth. However, some infrastructure items (including Weakleys Drive interchange and an improved rail crossing) are the responsibility of the State Government. Council officers and the landowners are working tirelessly with the relevant agencies and Ministers to ensure that these works can be committed. As a safeguard, specific provisions have been included in the draft Plan to ensure that Council is satisfied that satisfactory arrangements exist for essential infrastructure works prior to any development approvals within the release area. These provisions have been agreed to by the RTA.
Future development opportunities for Timberlane Estate A submission was received from a group of Timberlane Estate residents seeking rezoning of part of their land to enable additional development opportunities. Due to the previous use of the adjoining land for poultry operations, an environmental protection zone covered part of the properties along the eastern side of the rural residential estate. As the poultry activities have ceased, the landowners suggest that the requirement for the buffer is no longer present. At this time, this matter is not directly related to the Thornton North Urban Release Area plan, and a further report will be presented to Council on this request addressing the merits of this proposal.
Site Specific Rezoning Local Environmental Plan
As there were three separate exhibition plans and periods for the rezoning of Category 1 land in Thornton North, most of the submissions refer to specific parcels of land or particular issues, rather than the whole rezoning scheme shown in Attachment 1 Map 2. In total, nineteen submissions were received, with the bulk of the submissions relating to the protection of trees immediately adjoining houses in John Arthur Drive, objecting to the loss of vegetation.
Vegetation issues - Lot 1 DP 851737 and Lot 20 DP 10419, Raymond Terrace Rd The Thornton North Master Plan was adopted by Council in December 2003 and was prepared and drawn as an indicative future outcome for the area, establishing directions and principles for development. All proposals for the land were subject to more detailed and site-specific investigations, which may result in some minor variations to the Master Plan.
During the investigations for Lot 1 DP 851737 and Lot 20 DP 10419, it was determined that a significant area of vegetation and habitat for threatened species and endangered ecological communities was present. The core area of this vegetation was located along and between two drainage lines traversing the southern areas of the site, near to the boundaries of houses in John Arthur Drive. Vegetation immediately adjoining the existing dwellings was highly disturbed due to invasion of domestic plants, establishment of walking trails, dumping of lawn clippings and removal of native groundcovers and shrubs. The Thornton North Master Plan had originally predicted that this area of vegetation was significant, and therefore identified a vegetation buffer. On the Master Plan, the vegetation buffer is shown
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AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN - THORNTON NORTH URBAN RELEASE AREA (Cont.) adjoining the existing residential area in John Arthur Drive; however, the site investigations show that the significant vegetation is approximately 140 metres from the rear boundary of properties in John Arthur Drive.
Following discussions with the Department of Environment and Conservation, it was considered that the core vegetation must be maintained through an environment protection zone and that a single area of vegetation, rather than strips of vegetation would provide better conservation of habitat and endangered ecological communities. Subsequently a zoning scheme proposing 2(a) Residential land adjoining the existing dwellings in John Arthur Drive, and a 7(c) Environment Protection General zone along and between the drainage lines was the best environmental outcome. Some of the other benefits of this scheme include improved bushfire safety for existing and future dwellings, with all asset protection clearing to occur outside of the core protected vegetation, improved linkages between the Thornton and new development and protection of vegetation which could be removed at the discretion of the landowner.
A number of the submissions objecting to the loss of vegetation adjoining their properties were concerned about amenity impacts. It is acknowledged that future urban development adjacent to their boundaries would be vastly different from the existing landscape, however the current zoning (1(b) Secondary Rural Land) permits rural industries, mineral extraction (especially clay removal), agriculture and transport depots. However, a residential zoning will add to the suburban nature of the area, and be more consistent with the character of Thornton and John Arthur Drive. A backdrop of trees and vegetation will remain through the environment protection zoning albeit at a greater distance from the existing houses than originally envisaged.
Vegetation issues – Thornton North One submission was also received regarding biodiversity protection in general across the Thornton North area. The Master Plan has identified the approximate location and area of vegetation conservation in Thornton North, which will be subject to more detailed investigations. To date, all rezoning applications have been accompanied by flora and fauna studies, which have been reviewed by Council officers and the Department of Environment and Conservation. Specialised studies have been undertaken on a number of sites to determine the presence or not of threatened and endangered animals. Whilst some native species were identified, their habitat was either within the floodplain, which will remain unchanged, or in the proposed environment protection zone.
Quarrying operations Two submissions were received from CSR, owners of three clay quarries in the Thornton North area. These concerns relate to the potential encroachment of urban development within the buffers of the quarries and the effect of noise, dust, safety and traffic movements on the new community. In order to satisfy these concerns, more detailed acoustic and dust studies have been undertaken which demonstrate that there will be no undue effects from the current approved operations of the quarries. Consultation has also been undertaken with the Department of Primary Industries (Mineral Resources) who have confirmed their support of the rezoning proposal.
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AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN - THORNTON NORTH URBAN RELEASE AREA (Cont.)
Adjoining land uses Three submissions relate to the uncertainties from existing landowners in Somerset Park and Timberlane Estate, about adjoining land uses, including lot size, dwelling siting and visual amenity. Similar to the comments above in relation to the land adjoining John Arthur Drive, the extension of urban development usually results in landscape change. The demand for new urban land by the growing population of Maitland, together with the suitability of the chosen areas has been the basis for the preparation of a draft LEP for Thornton North. Amenity issues can be minimised and controlled through DCPs and assessment at a development application stage. Provisions have been incorporated into the draft Thornton North DCP to require detail analysis and careful consideration of new development at the interface of existing residential and rural residential areas.
Lot 14 Government Road Four submissions of support have been made by the representatives of one of the landowners of Category 1 land in Thornton North. These submissions also raise some site-specific matters relating to drainage and flooding which have been considered in the draft LEP.
CONSULTATION WITH GOVERNMENT AGENCIES During the preparation of the draft Thornton North Urban Release Area LEP, discussion and consultation was held with the RTA and the state rail agencies in relation to the provision of essential transport infrastructure, particularly the Weakleys Drive interchange and an improved rail crossing at Thornton station.
The RTA assisted in the preparation of the draft LEP, proposing clauses that required satisfactory arrangements to be in place before development in Thornton North could occur. Until this arrangement is agreed to by all parties (Council, RTA and developers), the RTA will maintain an objection to urban development at Thornton North. This matter may soon be resolved, with the RTA quantifying the development contribution to the interchange. It is therefore an issue for negotiation and agreement, which will not alter the draft LEP.
The transport works required by the RTA and included in the exhibited draft LEP have been included in the Thornton North Section 94 Contributions Plan.
Similarly, the state rail agencies have requested some further detail regarding the extent of impact of development at Thornton North on their existing infrastructure, particularly the train station facilities (car parking, lighting, footpaths, platform length). A Transport Mobility Access Plan (TMAP) is currently being prepared to identify future infrastructure needs. At this stage, the draft LEP includes a provision that infrastructure upgrades need to be satisfactory to the relevant agency prior to any development occurring. It is considered that this provision will provide for the recommendations in the TMAP and that no amendment is required to the draft LEP.
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AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN - THORNTON NORTH URBAN RELEASE AREA (Cont.) REPORT TO DEPARTMENT OF PLANNING Should Council decide to progress with the draft LEPs, a report will be submitted to the Department of Planning with a copy of the all the submissions and the draft plans included in Attachment 1 and 2. The agreement with the RTA, with respect to the Weakelys Drive interchange, must be reached before the report is submitted with the Department of Planning.
In order to provide equitably for the necessary infrastructure works, it is essential that the Thornton North Urban Release Area LEP be made and gazetted before the site specific rezoning LEP. This will ensure that all development in Thornton North will be consistent with the principles of the Thornton North Master Plan, assessed against the Thornton North DCP, and provide for essential infrastructure works.
The report will also contain a statement that the draft LEPs have been prepared in accordance with the Environmental Planning and Assessment Act 1979 and directions issued by the Minister under Section 117 of the Act.
CONCLUSION This report details the public submissions received during the exhibition of the draft LEPs for the Thornton North Urban Release Area and Category 1 rezonings. These plans are the culmination of several years investigations and planning for Thornton North, to ensure that the new development can be properly serviced and an environmentally sustainable outcome is achieved. Arrangements for major infrastructure works are provided for in accordance with the requirements of the RTA and state rail agencies.
Some amendments have been made to the exhibited plans to clarify their intent, however these amendments are of a minor nature and do not warrant re-exhibition of the draft plans. This is permitted by Section 68(3B) of the Environmental Planning and Assessment Act 1979.
The main concerns raised from the submissions were matters of an environmental nature, especially the loss of vegetation adjoining houses in John Arthur Drive. The proposed zoning scheme ensures protection of a viable core of threatened species habitat and an endangered ecological community, whilst maintaining a similar development yield for the landowner, and improved community safety and cohesion for the local residents.
Approved quarrying operations will not be limited by the proposed residential zonings, with adequate buffers retained to provide acoustic and dust screening.
Other issues relating to local community changes will continue to be considered and addressed through the broader planning framework for Thornton North, including a DCP and Section 94 plan.
Overall, the two LEPs provide for a new urban release area, with servicing and infrastructure commitments in sequence with population growth and environment protection, aiding in the creation of a more liveable and attractive community.
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AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN - THORNTON NORTH URBAN RELEASE AREA (Cont.) FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This report recommends the submission of two draft LEPs to the Department of Planning to create amendments to the Maitland Local Environmental Plan for urban development at Thornton North. The draft LEPs are consistent with the Thornton North Master Plan (with a minor exception) and previous resolutions of Council. Upon gazettal, the draft plans will become new provisions that will guide development in Thornton North.
It is recommended that the minor variation to the Thornton North Master Plan in relation to the location of the vegetation buffer between existing and future development adjoining Lot 1 DP 851737 and Lot 20 DP 10419 be accepted as the intent of the Master Plan is upheld. An improved ecological outcome is achieved through the relocation of the vegetation conservation area.
STATUTORY IMPLICATIONS All statutory requirements of Part 3 of the Environmental Planning and Assessment Act 1979, for the preparation and exhibition of local environmental plans, have been complied with.
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AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN - THORNTON NORTH URBAN RELEASE AREA (Cont.)
Officers Reports
Thornton North Urban Release Area
LEP for zone change
Meeting Date: 24 January 2006
Attachment No : 1
Number of Pages : 3
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AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN - THORNTON NORTH URBAN RELEASE AREA (Cont.)
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AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN - THORNTON NORTH URBAN RELEASE AREA (Cont.)
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AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN - THORNTON NORTH URBAN RELEASE AREA (Cont.)
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AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN - THORNTON NORTH URBAN RELEASE AREA (Cont.)
Officers Reports
Thornton North Urban Release Area
LEP for release area
Meeting Date: 24 January 2006
Attachment No : 2
Number of Pages : 7
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AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN - THORNTON NORTH URBAN RELEASE AREA (Cont.)
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Officers Reports
Thornton North Urban Release Area
Submissions
Meeting Date: 24 January 2006
Attachment No : 3
Number of Pages : 63
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9.2.12 SUBURB NAME - ABERGLASSLYN URBAN RELEASE AREA
File No: 103/114
Attachments: Locality Plan Submission
Responsible Officer: Leanne Harris Manager Strategic Services
Author: Monica Gibson City Strategist
EXECUTIVE SUMMARY A request has been made by the developers of the Aberglasslyn Urban Release Area to review the existing locality boundary between Aberglasslyn and Oakhampton, with a view to extending the locality of Oakhampton to include the entire release area.
The purpose of this report is to consider this request and the justification for the change. As there is no planning purpose for the change in the boundary, it is recommended that the existing locality boundaries of Aberglasslyn and Oakhampton remain unchanged.
OFFICER'S RECOMMENDATION THAT:
No changes be made to the boundaries of the Aberglasslyn and Oakhampton localities be made for the following reasons:
a) Historical association of Aberglasslyn House within the Aberglasslyn locality
b) The existing boundaries are long established, and the area is recognised as the Aberglasslyn Urban Release Area
c) No physical or planning reason for amendment to boundaries
REPORT Locality boundaries are determined and gazetted by the Geographical Names Board of NSW and form part of the legal description of all properties. The boundaries of localities are shown in street directories, maps and Council documents.
A request has been made by the developers of the Aberglasslyn Urban Release Area (URA) to review the boundaries of the Aberglasslyn and Oakhampton localities, so that the entire URA is located within Oakhampton. The revised Oakhampton locality
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SUBURB NAME - ABERGLASSLYN URBAN RELEASE AREA (Cont.) would include all land east of Aberglasslyn Road, and south of properties fronting Aberglasslyn Lane (refer to Attachment 2). Currently, the Aberglasslyn URA is wholly located in Aberglasslyn as shown in Attachment 1.
Guidelines are provided by the Geographical Names Board for determining locality boundaries, but these generally only apply to the establishment of new localities. New localities are recommended where they represent a new community, distinguish between areas of different character or physically isolated from other areas.
The Aberglasslyn locality includes Aberglasslyn House, immediately north of the Aberglasslyn URA. Aberglasslyn House is a state listed heritage item and has particular significance to the early settlement and development of the West Maitland area. Whilst it is not proposed to include Aberglasslyn House within the Oakhampton locality, it would be confusing for visitors, tourists and landowners in this area should the locality be changed.
No justification has been provided with the submission to recommend a review of the locality boundaries, and there are no planning reasons why the change should be made. The future development of the Aberglasslyn URA will be an extension of the existing development, and there is no obvious physical separation between the new and existing urban areas.
It is therefore recommended that no amendment be made to the existing Aberglasslyn and Oakhampton locality boundaries.
FINANCIAL IMPLICATIONS This matter has no financial implications for Council.
POLICY IMPLICATIONS Council has no policy on locality naming and follows the guidelines of the Geographical Names Board.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 384 ORDINARY MEETING AGENDA 24 JANUARY, 2006
SUBURB NAME - ABERGLASSLYN URBAN RELEASE AREA (Cont.)
Officers Reports
Suburb name - Aberglasslyn Urban Release Area
Locality Plan
Meeting Date: 24 January 2006
Attachment No : 1
Number of Pages : 1
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Officers Reports
Suburb name - Aberglasslyn Urban Release Area
Submission
Meeting Date: 24 January 2006
Attachment No : 2
Number of Pages : 2
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9.2.13 MT VINCENT RD WASTE DEPOT - ENVIRNMENTAL PROTECTION LICENCE ANNUAL RETURN
File No: P28976
Responsible Officer: David Simm Manager Development & Environment
Author: Duncan Jinks Environmental Officer
EXECUTIVE SUMMARY This report has been prepared to seek authority to fix the Common Seal of Council to the Environmental Protection Licence Annual Return for the Mt Vincent Rd Waste Depot for the period 4th December 2004 to 3rd December 2005.
Preparation and submission of this Annual return to the NSW Department of Environment & Conservation by February 2nd 2006 is a statutory requirement of Council under the Protection of the Environment Operations Act 1997.
OFFICER’S RECOMMENDATION THAT:
1. Authority is granted to affix the Common Seal of Council to the Environmental Protection Licence Annual Return for the period 4th December 2004 to 3rd December 2005.
2. Council note the applicable annual licence fee for the operation of the Mt Vincent Rd Waste Depot of $3420.00
REPORT Council holds an Environmental Protection Licence (Licence Number 6116), administered under the Protection of the Environment Operations Act 1997, as the owner and operator of the Mt Vincent Rd Waste Management Facility (Solid Waste Landfill – Class 1).
Council is required, as a condition of this licence, to submit to the NSW Department of Environment & Conservation (DEC) an Annual Return outlining Council’s compliance with the conditions of the licence for the period 4th December 2004 to 3rd December 2005. This Annual Return, in conjunction with an annual licence fee of $3420.00, is to be submitted to the DEC no later than February 2nd 2006.
In order to certify the pending Annual Return for submission to the DEC, approval is sought to fix the Common Seal of Council to the Return.
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Mt Vincent Rd Waste Depot - Envirnmental Protection Licence Annual Return (Cont.) FINANCIAL IMPLICATIONS The application annual licence fee of $3420.00 can be contained within current budgetary allocations.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS Preparation and submission of an Annual Return on the Environmental Protection Licence Number 6116 for the period 4th December 2004 to 3rd December 2005, is a condition of this licence and is required to be submitted to the DEC by 2nd February 2006.
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9.3 FINANCE AND ADMINISTRATION
9.3.1 STATEMENT OF INVESTMENTS AS AT 31 DECEMBER 2005
File No: 82/2
Responsible Officer: Graeme Tolhurst Group Manager - Finance and Administration
Author: Stephen Burgess Compliance Accountant
EXECUTIVE SUMMARY The Local Government (Financial Management) Regulation 1999, Section 16 requires Council to report its investments.
OFFICER'S RECOMMENDATION THAT the report be received and noted.
REPORT Inv. Institution Int. Date Term Maturity Amount No. Rate Invested (Days) Date $ 1225 Perpetual Credit 6.52% 16/03/05 ## When 3,647,163.42 Income Fund ++ required 1226 Merrill Lynch 6.44% 16/03/05 ## When 3,148,949.94 Diversified Fund ++ required 1227 Deutsche Income 6.39% 16/03/05 ## When 4,036,311.36 Fund ++ required 1159j Savings & Loans 8.3833% 12/12/05 92 14/03/06 1,500,000.00 Credit Union 1164i CBA Shield CDO - 6.61% 05/12/05 91 06/03/06 500,000.00 Alexander 1112k The Rock Building 8.40% 31/10/05 92 31/01/06 500,000.00 Society 1113k The Rock Building 8.40% 31/10/05 92 31/01/06 500,000.00 Society
1131j Holiday Coast 8.90% 17/10/05 92 17/01/06 500,000.00 Credit Union 1134e Bendigo Bank Ltd 7.21% 19/10/05 182 19/04/06 300,000.00 1136i Australian Central 8.00% 31/10/05 92 31/01/06 1,000,000.00 Credit Union Ltd
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STATEMENT OF INVESTMENTS AS AT 31 DECEMBER 2005 (Cont.) Inv. Institution Int. Date Term Maturity Amount No. Rate Invested (Days) Date $ 1177h Maitland Mutual 6.635% 11/12/05 90 11/03/06 2,000,000.00 Building Society** 1178h Wide Bay Australia 7.29% 15/12/05 90 15/03/06 500,000.00 Credit Union 1180h Northern Inland 8.89% 23/12/05 91 23/03/06 500,000.00 Credit Union 1192g Balmoral AA 6.91% 05/12/05 91 06/03/06 1,500,000.00 1220d Greater Building 7.415% 29/11/05 91 28/02/06 1,000,000.00 Society 1229c Select Access – 6.45% 14/12/05 90 14/03/06 500,000.00 Titanium Series 2004-18 1230b Generator Income 7.615% 07/10/05 92 07/01/06 1,000,000.00 Note 1239b Flinders AA 7.1467% 20/12/05 90 20/03/06 1,500,000.00 1241 Credit Suisse First 9.21% 19/12/05 91 20/03/06 1,000,000.00 Boston – Property Linked Note 1243b Elders Rural Bank 7.4867% 28/12/05 90 28/03/06 500,000.00 1244 Elders Rural Bank 7.225% 29/11/05 91 28/02/06 500,000.00 1228e Maitland Mutual 5.90% 23/11/05 56 18/01/06 700,000.00 Building Society 1242 Maitland Mutual 5.93% 30/11/05 91 01/03/06 1,000,000.00 Building Society 11am Local Government 5.40% ## ## When Financial Service – Required 131,000.00 11am ## TOTAL 27,963,424.72
++ Investments held by Funds Managers. As investments are managed on a daily basis, interest rates have been calculated on a % per annum.. ## These funds are not held on a fixed term. The funds are redeemed as and when required. ** Subordinate note – interest rate reviewed on the 11th of each quarter
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STATEMENT OF INVESTMENTS AS AT 31 DECEMBER 2005 (Cont.) As a Comparison:
Investments held at the end of last month (ie. 30/11/05) were $28,456,457.59
Investments held this time last year (ie. 31/12/04) were $25,292,411.49
FINANCIAL IMPLICATIONS This matter has no direct financial implications upon Council’s adopted or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS The above sums have been invested in accordance with: • Section 625 of the Local Government Act 1993. • The regulations pertaining to the Local Government Act 1993. • Council’s Investment Policies
Page 394 ORDINARY MEETING AGENDA 24 JANUARY, 2006
10 ITEMS FOR INFORMATION
10.1 STATUS REPORT ON CONSTRUCTION WORKS
File No: 122/814
Responsible Officer: Richard Minter Acting Manager City Works & Services Group
Author: Ian Wakem Manager Civil & Building Works
Richard Minter Manager Projects & Emergency Services
EXECUTIVE SUMMARY A report on the status of major construction works and projects within the 2005/2006 Capital Works Program is submitted for Council’s information.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT
EMERGENCY SERVICES
1. Emergency Management
The latest Maitland / Cessnock Rural Fire Service Liaison Committee meeting has been held on 18 January, 2006. The purpose of the meeting is to review the performance of the Councils and the Rural Fire Service against the agreed service level agreement. The committee meets each quarter.
The next Local Emergency Management Committee (LEMC) meeting is to be held on Tuesday 7 February, 2006.
2. Emergency Risk Management
The Emergency Risk Management (ERM) project for Maitland, Dungog, Port Stephens and Cessnock Councils is well underway utilising the $240,000 in funding secured for the project.
Stakeholder consultation involving emergency agencies and the community has been completed throughout the four Council areas. Documentation and
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STATUS REPORT ON CONSTRUCTION WORKS (Cont.) risk assessments are now undergoing a final review and assessment so that the ERM project can be finalised within the next couple of months.
PROJECTS
1. Major Building Maintenance
An allocation of $400,000 has been made in the 2005 / 2006 budget for major building maintenance to Council’s community and recreation buildings. A number of projects have been completed including East Maitland Swimming Pool roof, Fieldsend Oval roof, Metford Child Care Centre, Norm Chapman Oval, King Edward Park, Smythe Oval, St Ethels Brass & Pipe Band and Kookaburra Korner Child Care Centre. Works are underway on Maitland Library.
2. Woodberry Family Centre
A total of almost $1.1m of grant funding has been received for the construction of a Family Centre at Woodberry that will include childcare facilities, meeting rooms, amenities and consultation rooms with development application approved. Negotiations are underway with a Department of Community Services (DOCS) regarding the scope of works against the available budget.
3. Depot Administration Building
An allocation of $1.37m is available in the 2005 / 2006 Management Plan for the construction of a new Administration Building and internal road resurfacing works at the Metford Road Works Depot. Construction of the Administration Building is being carried out by RT Parker Pty Ltd. The building is at lock-up stage with wall lining underway. Building works are expected to be completed in March with Council to construct a carpark in April.
4. Kyle Street / Gardiner Road Reconstruction
The design has been completed for the reconstruction of Kyle Street and Gardiner Road with a total project budget of $1,734,000. A tender has been awarded to Rocks Civil Pty Ltd with construction works underway. The project is due for completion in April 2006.
5. Maitland Regional Art Gallery – Stage 2
A quantity surveyor, Rider Hunt, has been engaged to review the Gallery project to finalise a scope of works against the available budget. This is due to be completed by the end of February with tenders for the design then to be called from the previously short-listed architectural firms.
6. Floodlight Upgrading
An allocation of $200,000 has been made in the 2005 / 2006 Management Plan for the upgrading of floodlights to Council sporting facilities. Replacement Page 396 ORDINARY MEETING AGENDA 24 JANUARY, 2006
STATUS REPORT ON CONSTRUCTION WORKS (Cont.) of a pole at Beryl Humble Sporting Fields is underway with footings complete. The remainder of the program will commence shortly.
7. Maitland Park Improvements
A number of projects for Maitland Park are proposed for 2005 / 2006. These include BBQ and table facilities, cricket nets, seating and a storage facility with a total budget of $71,000. Purchase of the BBQ’s and tables has been completed with installation underway. Installation of the seats has been completed. The cricket nets and storage facility are due to be completed by June 2006.
8. Coronation Oval Improvements
Allocations totalling $179,000 have been made for a range of improvement works at Coronation Oval. The works involve an awning, canteen upgrades, cricket nets, fencing, goal posts, storage shed and landscaping. The awning, canteen, cricket nets, and storage shed projects are all complete. Fencing and goal posts are underway and due for completion in February. The landscaping projects are due to commence shortly and should be complete by May 2006.
9. Morpeth Columbarium
An allocation of $20,000 was made in the current budget for the expansion of the Morpeth Cemetery Columbarium. Design of the new columbarium has been completed with construction underway. Footings have been completed with brickwork commenced. Works are due to be completed in February.
10. Somerset Park Sportsground
Design for the construction of the new Somerset Park Sportsground has been completed. A total of $700,000 in Section 94 funding is available for the project. Tenders have been called for the sportsground construction with the aim of awarding a tender at the first Council meeting in February 2006.
11. Sportsground Fencing
An allocation of $100,000 has been made in the 2005/06 Management Plan for the installation of new fencing at sportsgrounds across the local government area. All materials have been received with approximately one third of projects complete. Works are due to be completed by April.
CIVIL & BUILDING WORKS
The status of the construction projects within the 2005/2006 Rolling Works Program, as of 11 January 2006, is as follows.
1. Bridge Construction/Refurbishment
Page 397 ORDINARY MEETING AGENDA 24 JANUARY, 2006
STATUS REPORT ON CONSTRUCTION WORKS (Cont.) 1.1 Melville Ford Bridge, Melville Ford Road
Following completion of major repairs to this bridge, it was re-opened to the public on 21 December 2005. The work cost approximately $190,000.
2. Footpath Construction
2.2 Grant Street, Maitland
A concrete footpath was constructed along the eastern side of Grant Street from Old Rose Street to Devonshire Street in early December, at an approximate cost of $5,200.
3. Urban Local Roads
3.1 Banks Street, East Maitland
The reconstruction of the section of Banks Street between Brisbane Street and the New England Highway was completed in December with the application of an asphalt final seal at the intersection with the New England Highway. The approximate cost of the works was $107,000.
3.2 Weblands Street, Rutherford
The reconstruction of Weblands Street, from Broughton Street northward for 500 metres, is complete with the exception of the linemarking to be undertaken in early February 2006. The estimated cost of the project is $280,000.
3.3 Metford Road, East Maitland
Metford Road, from Chelmsford Road to the Council Works Depot, is to be reconstructed with work scheduled to commence in late January. Initially, several trees will be removed to facilitate the widening of the road pavement and the installation of concrete kerb and guttering along the eastern side of the road. The project is estimated to cost $280,000.
4. New Works - Urban
4.1 High Street, Morpeth
The section of High Street between George Street and Edward Street has been rehabilitated and bitumen sealed for the full width between the sandstone kerb and guttering on each side of the street. Work commenced on the project in mid November and was completed in early December at an estimated cost of $65,000.
Page 398 ORDINARY MEETING AGENDA 24 JANUARY, 2006
STATUS REPORT ON CONSTRUCTION WORKS (Cont.) 4.2 Hunter Street, East Maitland
Concrete kerb and guttering and the adjacent road pavement has been constructed along the western side of Hunter Street, from High Street towards George Street. Work commenced on the project in late November and was completed in mid December at an estimated cost of $11,000.
4.3 Bent Street, Maitland
Bent Street, between Grant Street and Athel D’Ombrain Drive, is being rehabilitated and widened to accommodate carparking. Work commenced on the project in late September, but was temporarily suspended to enable some other projects to be completed. Due to the project’s close proximity to a school, the majority of the work is now being undertaken during the current school holidays. The project is expected to be completed in late January 2006 at an estimated cost of $217,000.
4.4 Mawson Avenue, East Maitland
In order to further improve the stormwater drainage in Mawson Avenue, a section of the new work was re-designed in late December 2005. Work on this section of Mawson Avenue will commence in early February and is expected to be completed in late February, thus finalising the project at an estimated cost of $35,000.
5. Rehabilitation - Urban
5.1 Stabilisation
The following streets in the program have now been stabilised and bitumen sealed: - Day St, East Maitland - George St, East Maitland - Rous St, East Maitland - Hiland Cr, East Maitland - Crawford Av, Ronald St. Tenambit - Lavinia St, Tenambit - Bedford St, Metford - Chidley Cr, Metford - Alliance St, East Maitland - Haussman Dr, Thornton - Government Rd, Haussman Dr. Thornton - Deschamps Cl, Thornton - Greenhills Ave, Woodberry - Nicholson St, Maitland - William St, Gillieston Heights - Elizabeth St, Telarah
Page 399 ORDINARY MEETING AGENDA 24 JANUARY, 2006
STATUS REPORT ON CONSTRUCTION WORKS (Cont.) - Raymond St, Telarah
Thompson St, East Maitland remains the only other stabilisation project from the program and it will be undertaken in May or June 2006.
The total value of stabilisation projects is $879,000.
5.2 Tyne & Add Gravel
Preliminary work on the rehabilitation of the section of King Street at Lorn, between Lorn Street and Allan Street, was undertaken in early December. The project will be completed in February at an estimated cost of $56,000.
6. Reseal - Rural Roads
The following roads have now been resealed from the 2005/06 Rural Reseal Program: - Oakhampton Road, Oakhampton - Old North Road, Farley - Louth Park Rd, Louth Park - Martins Wharf Rd, Millers Forest - Duckenfield Rd, Millers Forest - Manerys Rd, Millers Forest - McFarlanes Rd, Berry Park
Reseals will be undertaken on the following roads in January and February, thus completing the 2005/06 rural reseal program at a total value of $272,000:
- Maitland Vale Rd, Rosebrook - King Island Rd, Largs
7. Reseal - Urban Roads
Repair work is nearing completion for all urban reseals from the 2005/06 urban reseal program.
The following roads have now been resealed: - Lawson St, East Maitland - Porter Av, Phillip St, Lane 2, East Maitland - Princess St, Morpeth - Wallace St, Sparke St, Edye St, South Maitland - Freeman Dr, Dunnering Cl, Harper Cl, Briggs Cl, Lochinvar - Close St, Morpeth - Swan St, Morpeth - Bonar St, Maitland - Lantry Cl, Raworth - Eurimbla St, Thornton - Gibbon, Griffin, Hoddle, Owen Cls, Thornton
Page 400 ORDINARY MEETING AGENDA 24 JANUARY, 2006
STATUS REPORT ON CONSTRUCTION WORKS (Cont.) - Tahlee Av, Woodberry - Cambewarra Av, Thornton - Freewin Av, Woodberry
The remaining 71 urban reseals will be undertaken in January and February. The total value of the 2005/06 urban reseal program is $872,000.
8. Traffic Facilities
8.1 Woodberry Road, Millers Forest
Guardrail is to be constructed around the outside of a curve on Woodberry Road approximately 3 kilometres from Raymond Terrace Road. The work, largely to be undertaken by contractors, will be completed in January at an estimated cost of $27,000.
8.2 St Fagans Parade, Rutherford
The road closure median and related signposting in St Fagans Parade will be removed in late January to improve accessibility for the residents of the area. The estimated cost of the works is $4,000.
8.3 High Street & Ken Tubman Drive, Maitland
Several new bus shelters are to be installed in Maitland CBD. The concrete slabs for the bus shelters will be constructed in early February, with the shelters to be erected on the new slabs in early March. The estimated cost of the works is $104,000.
9. Councillor Initiatives
9.1 Morpeth Mini Field
The construction of a mini field at Morpeth Common was completed in mid December with the placement of topsoil and turf. The approximate cost of the works was $45,000.
Page 401 ORDINARY MEETING AGENDA 24 JANUARY, 2006
10.2 CORRESPONDENCE ANALYSIS
File No: 35/61
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Alison Carvosso Acting Corporate Documents Coordinator
EXECUTIVE SUMMARY This report contains information in relation to Council’s outstanding correspondence. The report is a valuable management tool within the organisation and provides information in relation to the guidelines for replying to correspondence.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT DOCUMENT FLOW December TOTAL Number of Documents Received 1702 2005 December TOTAL Number of Documents Sent 1585 2005 Note 1: The figures shown above relate to all documents received and sent by Council and include all property applications and items for information.
ACTIONABLE DOCUMENTS OUTSTANDING TOTAL Outstanding Over 30 Days 30/11/2005 83 December PLUS Actionable Items Received 20 2005 December LESS Outstanding Items Actioned 32 2005 TOTAL Number of Outstanding Documents 31/12/2005 71 Over 30 Days Note 2: Many of the documents received by Council are dealt with by formal processes, such as Development Applications. Council processes will trigger the necessary action, whether it is a response to a developer or result of a tender. These items are not included in this table. This table relates to documents that do not have a formal process and therefore acts as a safety net for actionable correspondence.
Page 402 ORDINARY MEETING AGENDA 24 JANUARY, 2006
CORRESPONDENCE ANALYSIS (Cont.)
ACTIONABLE DOCUMENTS BY CATEGORY • Approvals 33
• Customer Service Requests 7 • General 20 • Works/Projects 9 • Rating 2 TOTAL Outstanding Over 30 Days 31/12/2005 71 Note 3: This table is a further dissection of the actionable documents. The full implementation of the Electronic Document Management System will provide an enhanced reporting facility.
Page 403 ORDINARY MEETING AGENDA 24 JANUARY, 2006
10.3 MONTHLY FINANCIAL REPORT - DECEMBER 2005
File No: 35/53
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Phil Freeman Manager Accounting Services
EXECUTIVE SUMMARY This report contains relevant performance data for Council. Besides being a valuable management tool, it is a performance reporting mechanism to the general community.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT The Statement of Financial Performance shows a surplus to the end of December 2005 of $18,764,000.
Council’s revenue from ordinary activities is generally in line with budget year to date figures. Expenses from ordinary activities are also generally in line with budget year to date figures, with the exception of materials and contracts, which are below budget. This is mainly due to works being programmed for later in the financial year.
The Statement of Financial Position shows that Council has net assets totalling $458,203,000.
Page 404 ORDINARY MEETING AGENDA 24 JANUARY, 2006
MONTHLY FINANCIAL REPORT - DECEMBER 2005 (Cont.)
Page 405 ORDINARY MEETING AGENDA 24 JANUARY, 2006
MONTHLY FINANCIAL REPORT - DECEMBER 2005 (Cont.)
Page 406 ORDINARY MEETING AGENDA 24 JANUARY, 2006
10.4 COUNCILLOR MOTIONS
File No: 35/61
Responsible Officer: David Evans General Manager
Author: David Evans General Manager
EXECUTIVE SUMMARY The following report details the current status of Councillor Motions/Urgent Business/Questions Without Notice which are currently being actioned by Council Officers.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT See attached report.
Page 407 ORDINARY MEETING AGENDA 24 JANUARY, 2006
COUNCILLOR MOTIONS (Cont.)
Page 408 ORDINARY MEETING AGENDA 24 JANUARY, 2006
COUNCILLOR MOTIONS (Cont.)
Page 409 ORDINARY MEETING AGENDA 24 JANUARY, 2006
COUNCILLOR MOTIONS (Cont.)
Page 410 ORDINARY MEETING AGENDA 24 JANUARY, 2006
10.5 COUNCIL’S HOMEPAGE STATISTICS
File No: 31/15
Responsible Officer: Graeme Tolhurst Group Manager Finance and Administration
Author: Adam McCarthy Helpdesk Support Officer
EXECUTIVE SUMMARY This report provides statistics about Council’s web site. The statistics contained in the report allows Council to identify the type of services being accessed or used by the public and other organisations.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT October November December 2005 2005 2005 No. of visits to the MCC 14,792 14,401 11,509 website Top Five web pages with Positions Positions Council highest no. of visitors (not Vacant Vacant Information homepage) Council Council Positions Information Information Vacant Planning Planning Planning City Library Library Information City City Community & Information Information Recreation No. of rates paid electronically (depends on 50 294 156 instalment dates) No. of Property Certificates 7 9 10 paid electronically
Page 411 ORDINARY MEETING AGENDA 24 JANUARY, 2006
10.6 GREENING PLAN COMMUNITY PARTNERSHIPS
File No: 103/76
Attachments: Award Template Media Release. Maitland Mercury, Friday December 2, 2005
Responsible Officer: David Simm Manager Development and Environment
Author: Amanda Burns Community Support Officer
EXECUTIVE SUMMARY The Greening Plan Community Partnerships have been designed to recognise community participation in the implementation of the Greening Plan. The Partnerships are an initiative of the Greening Plan Reference Group.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT A range of individuals, community organisations, schools and local businesses have partnered with Council to implement the Maitland Greening Plan. These community partnerships are highly valued and are essential to achieving long-term environmental improvement.
The Greening Plan Reference Group discussed options for formally recognising such community contributions. It was decided that an award process would serve this purpose.
An Environmental Achievers Awards night, similar to that hosted by Newcastle City Council, was investigated. It was determined however, that such a process would not adequately recognise all Greening Plan contributors as it could possibly infer that the contributions of one individual or group far exceeded those of others. For this reason, it was decided that presenting a certificate of appreciation to an individual or group on a bimonthly basis would better reflect the range of contributions received from the community. A media release detailing the partnership between Council and the recipient of the award is also generated so as to publicly recognise the contribution and to inform the greater community.
A Community Partnership Award was presented to Easts Leisure and Golf for contributions made to the implementation of Councils’ Tenambit Wetland Rehabilitation Project. In late November 2005, the Mayor of Maitland, Cr Peter
Page 412 ORDINARY MEETING AGENDA 24 JANUARY, 2006
Greening Plan Community Partnerships (Cont.) Blackmore, presented the Club President, Harold Mayo and Golf Course Superintendent, Rod Waite, with a Community Partnership Award.
The Greening Plan Reference Group will meet later this month and determine the recipient for the next Community Partnership Award.
Page 413 ORDINARY MEETING AGENDA 24 JANUARY, 2006
Greening Plan Community Partnerships (Cont.)
Items For Information
The Greening Plan Community Partnerships
Award Template
Meeting Date: 24 January 2006
Attachment No : 1
Number of Pages : 1
Page 414 ORDINARY MEETING AGENDA 24 JANUARY, 2006
Greening Plan Community Partnerships (Cont.)
Page 415 ORDINARY MEETING AGENDA 24 JANUARY, 2006
Greening Plan Community Partnerships (Cont.)
Items For Information
The Greening Plan Community Partnerships
Media Release. Maitland Mercury, Friday December 2, 2005
Meeting Date: 24 January 2006
Attachment No : 2
Number of Pages : 1
Page 416 ORDINARY MEETING AGENDA 24 JANUARY, 2006
Greening Plan Community Partnerships (Cont.)
Page 417 ORDINARY MEETING AGENDA 24 JANUARY, 2006
10.7 KEY PERFORMANCE INDICATORS – DECEMBER 2005
File No: 35/57
Responsible Officer: Leanne Harris Manager Strategic Services
Author: Melissa Allen Corporate Business Assistant
EXECUTIVE SUMMARY This report provides Council with information in relation to performance against key indicators.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT This report provides regular monthly data against a set of core key performance indicators.
These types of indicators align broadly with Council’s adopted Key Focus Areas and together provide an overall snapshot of activity in the Maitland Local Government Area.
The aim of such reporting is to present the data in an informative and easily understood manner, so that Council can easily determine trends and / or anomalies that may require action. It is also intended that this type of reporting will provide an opportunity to highlight any key issues of particular importance to Council.
Performance Indicator: Approval Statistics
Approval statistics provide an indication of the level of building and development activity in the LGA, as well as the efficiency and effectiveness of our processing systems.
Data is presented showing trends over the last twelve months for the number of applications (DAs and CCs) lodged with Council, the number approved and the number that remain outstanding. Median days and the estimated value of development and construction are also presented.
For the 12 month period of January 2005 through to December 2005, the average monthly number of lodged Development Applications was 139 and the average monthly number of applications approved was 141. In December 2005, there were 112 applications lodged and 90 applications approved. The number of applications on-hand has increased to 294.
Page 418 ORDINARY MEETING AGENDA 24 JANUARY, 2006
Key Performance Indicators (Cont.) The Median Processing Times for Development Applications in November 2005 has increased to 32 days. The average Median Days for the twelve month period is 26 days.
For the 12 (twelve) month period January 2005 through to December 2005, the average monthly number of lodged Construction Certificates was 113 and the average monthly number of approved Construction Certificates was 116. In December 2005, there were 71 Construction Certificates lodged and 51 approved. There are currently 154 applications on-hand.
The Median Processing Times for Construction Certificates in December 2005 has decreased to 13 days. The twelve month period is 14 days.
Page 419 ORDINARY MEETING AGENDA 24 JANUARY, 2006
Key Performance Indicators (Cont.)
DAs - On-Hand, Lodged & Approved Applications
260 450 240 400 220 350 Trendline - Approved 200 300 180 250 160 200 140 150 120 100 100 50 80 0
Jan-05 Feb-05 Mar-05 Apr-05 May-05 Jun-05 Jul-05 Aug-05 Sep-05 Oct-05 Nov-05 Dec-05
Lod ged 110 16 5 157 13 2 14 7 2 4 5 112 12 3 13 0 12 3 111 112 Approved 112 16 8 156 12 8 155 16 9 175 13 3 13 7 10 6 16 6 9 0 On-Hand 342 332 329 331 323 398 335 326 321 331 275 294
DAs - Median Processing Times
35
30
25
20
15 Trend Line 10 5
0
Jan-05 Feb-05 Mar-05 Apr-05 May-05 Jun-05 Jul-05 Aug-05 Sep-05 Oct-05 Nov-05 Dec-05
Calend ar Days 33 23 19 24 33 20 20 32 26 27 27 32
DAs - Estimated Value of Development
$30,000
$25,000
$20,000
$15,000 $'000s $10,000
$5,000
$0
Jan-05 Feb-05 Mar-05 Apr-05 May-05 Jun-05 Jul-05 Aug-05 Sep-05 Oct-05 Nov-05 Dec-05
Estimat ed Value $8 ,18 6 $22 ,94 8 $24 ,63 1 $15,541 $17,39 0 $20 ,82 0 $21,704 $13 ,04 4 $16 ,374 $9 ,84 1 $21,19 9 $24 ,508
Page 420 ORDINARY MEETING AGENDA 24 JANUARY, 2006
Key Performance Indicators (Cont.)
CCs - On-Hand, Lodged & Approved Applications
250 300
200 250 200 150 150 100 100 Trendline - 50 50 Approved 0 0
Jan-05 Feb-05 Mar-05 Apr-05 May-05 Jun-05 Jul-05 Aug-05 Sep-05 Oct-05 Nov-05 Dec-05
Lo dg ed 94 136 135 96 124 204 93 104 114 103 85 71 Approved 9 4 14 0 13 6 10 1 116 16 1 13 5 12 2 114 111 110 51 On-Hand 214 209 207 201 209 252 204 186 186 177 134 153
CCs - Median Processing Times
35
Trend 30 Line 25
20
15
10
5
0
Jan-05 Feb-05 Mar-05 Apr-05 May-05 Jun-05 Jul-05 Aug-05 Sep-05 Oct-05 Nov-05 Dec-05
Calend ar Days 3 0 15 14 13 16 9 16 16 12 14 17 13
CCs Estimated Value of Construction
$14,000
$12,000
$10,000
$8,000
$6,000 $'000s $4,000
$2,000
$0
Jan-05 Feb-05 Mar-05 Apr-05 May-05 Jun-05 Jul-05 Aug-05 Sep-05 Oct-05 Nov-05 Dec-05
Estimat ed Value $8,198 $10,971 $6,229 $6,664 $9,564 $13,333 $11,673 $8,692 $9,320 $10,178 $8,429 $4,586
Page 421 ORDINARY MEETING AGENDA 24 JANUARY, 2006
Key Performance Indicators (Cont.) Performance Indicator: Consolidated Development Services Income
The following graph shows actual YTD consolidated Development Services income to December 2005. The graph demonstrates that income levels are below the adopted 2005/06 budget. These variations will continue to be monitored and adjusted through quarterly review processes if necessary.
YTD CONSOLIDATED DEVELOPMENT SERVICES $2,500 INCOME 2005/2006
$2,000
$1,500 $ 000's $1,000
$500
$0 J 05 A S O N D J 06 F M A M J
Actual YTD $128 $308 $469 $631 $754 $953 $0 $0 $0 $0 $0 $0 Forecast 0 $0 $0 $0 $0 $0 $1,130 $1,306 $1,483 $1,660 $1,837 $2,014 Vote $173 $346 $519 $692 $865 $1,038 $1,210 $1,383 $1,556 $1,729 $1,902 $2,075
Page 422 ORDINARY MEETING AGENDA 24 JANUARY, 2006
Key Performance Indicators (Cont.) Performance Indicator: Patronage of Community Services
Patronage at Council’s libraries, art gallery and childhood immunization clinics are displayed graphically below to more clearly identify trends of usage at the various facilities.
Libraries
Overall patronage trends at Council’s libraries for the months October 2005 to December 2005 inclusive are slightly higher to the patronage trends for the corresponding period last year. Total patronage for all libraries for this three month period was 13.63% higher than the corresponding period last year. The same comparison but on an individual library basis reveals the following comparisons:
City 7.6% higher East Maitland 21.02% higher Rutherford 15.56% higher Thornton 14.12% higher
LIBRARY VISITORS 25,000
20,000
15,000
10,000
5,000
0 Oct 2004 Nov 2004 Dec 2004 Oct 2005 Nov 2005 Dec 2005 Library Visitors City 7,150 6,478 4,236 7,959 6,751 4,511 East 3,213 5,305 3,689 5,259 5,609 3,905 Ruth 2,666 2,727 1,877 3,318 3,111 1,972 Thorn 2,810 2,813 1,295 2,836 2,866 2,193 Total 15,839 17,323 11,097 19,372 18,337 12,581
Page 423 ORDINARY MEETING AGENDA 24 JANUARY, 2006
Key Performance Indicators (Cont.) Art Gallery
Total attendance for Maitland Regional Art Gallery (MRAG) for December was 823 with 396 general attendance, 305 for public programs and 122 for education programs. A quieter month generally, with the gallery closed for the last week of December in the lead up to Christmas and New year.
The gallery held workshops and other activities during December, including a workshop provided by Swedish artist Annika Ekdahl, who came to Australia especially for the event with sponsorship provided by the Swedish government.
MRAG hosted an opening in celebration of International day of people with a disability with the exhibition “In Focus”. MRAG was also hired as a venue for two private functions. In the area of education the gallery had the usual after school and weekend children's art classes as well a Christmas craft workshop all of which was well patronised by many children.
ART GALLERY VISITORS
1,400
1,200
1,000
800
600
400
200
0 Jul 2005 Aug 2005 Sep 2005 Oct 2005 Nov 2005 Dec 2005 Art Gallery Vis itors 1,018 1,305 1,101 942 1,024 823
Page 424 ORDINARY MEETING AGENDA 24 JANUARY, 2006
Key Performance Indicators (Cont.) Immunisation Clinics
Recent increases in immunisation rates reflect the introduction on the National Childhood Pneumococcal Vaccination Program on 1st January 2005. As an Immunisation Provider, Maitland City Council has, throughout 2005 administered this expanded program for the children of Maitland.
IMMUNISATION ATTENDANCES
80
70
60
50
40
30
20
10
0 Oct 04 Nov-04 Dec-04 Oct 05 Nov-05 Dec-05 Immunisation Attendances Thornton 15 13 10 15 16 10 Rutherford 33 30 24 19 19 28 Town Hall 19 16 11 19 19 5 Total 67 59 45 53 54 43
Page 425 ORDINARY MEETING AGENDA 24 JANUARY, 2006
Key Performance Indicators (Cont.) Visitor Information Centre
The Maitland Visitor Information Centre enquiries totalled 6,903 in December, an increase of more than 1900 enquires on the same period last year. 2156 visitors logged on to the website www.hunterrivercountry.com.au. These surfers made 13,445 individual page impressions with in the site demonstrating that each surfer visited approximately 6 pages of the website during their log on.
The total number of Maitland Visitor Information Centre enquiries in 2005 was 80,837. This figure indicates significant growth in the enquiry rate compared with 2004.
VISITOR INFORMATION CENTRE ENQUIRIES
4,500 4,000 3,500 3,000 2,500 2,000 1,500 1,000 500 0 Oct-05 Nov-05 Dec-05
Oct 2005 Nov 2005 Dec 2005 Personal 3,821 3,733 4,072 Telephone 727 666 522 Mail 291 193 153 Internet 2,761 2,356 2,156
Page 426 ORDINARY MEETING AGENDA 24 JANUARY, 2006
Key Performance Indicators (Cont.) Maitland Gaol
Following Council's assumption of full management control of the Maitland Gaol staff have collected a wealth of information on visitation levels and sources and purpose of visitation. Given the information now available it is possible to identify three general levels of Gaol utilisation.
These levels are:
High usage: Autumn and Spring Medium range usage: Winter Low level usage: Summer
These levels of usage - which are generally influenced by seasonal factors and the traditionally low level of visitation experienced in the Hunter in Summer now form a challenge to staff in devising new means of attracting business during quieter periods. These means are now being investigated.
It has also been interesting to note the substantial general increase in visitation for all periods following Council's takeover (up to 60% in some months). An additional challenge for staff will be to continue this increase in the months ahead.
Maitland Gaol Visitation Numbers
5000
4000
3000
2000
1000
0 Jan- Feb- Mar- Apr- May- Jun- Aug- Sep- Oct- Nov- Dec- Jul-05 05 05 05 05 05 05 05 05 05 05 05 Series1 1007 912 2958 1855 1897 1969 1959 1881 1869 4277 1585 1500
Page 427 ORDINARY MEETING AGENDA 24 JANUARY, 2006
Key Performance Indicators (Cont.) Performance Indicator: Food Premises Inspections
The number of inspections undertaken at Food Premises over the last 12 months is graphically presented below. The average number of monthly food premises inspections for this period was 18.8.
FOOD PREMISES INSPECTIONS
45
40
35
30
25
20
15
10
5
0 J 05 F M A M J J A S O N D
Number 40 40 42 15 32 0 0 0 0 17 12 5
Page 428 ORDINARY MEETING AGENDA 24 JANUARY, 2006
Key Performance Indicators (Cont.) Performance Indicator: Customer Request System
The chart below shows data from 2005/06 for Council’s customer service request system. This system records and monitors complaints and requests from the community.
It should be noted that given the nature of some of the requests received (eg capital projects that may not form part of Council’s adopted rolling works program), resources available and the varying service levels set for differing types of requests, there will always be a certain level of outstanding items in the system.
Customer Request System
900 1000 800 900 700 800 600 700 600 Received 500 500 completed 400 400 outstanding 300 300 200 200 100 100 0 0 Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- Nov- Dec- 05 05 05 05 05 05 05 05 05 05 05 05 Received 799847847761763676639751669630839559 completed 666698798774845689647647752585803651 outstanding 773913929910819789733827711709704591
Page 429 ORDINARY MEETING AGENDA 24 JANUARY, 2006
Key Performance Indicators (Cont.) Performance Indicator: Rates Collections
As at 30th June 2005, 4.98% of rates levied for the 2004 / 2005 year remained uncollected. (In comparison, as at 30th June 2004, 4.90% of the rates levied for the 2003 /2004 year remained uncollected). The graph below shows the reductions achieved per month in the percentage of rates in arrears. The percentage of rates in arrears at the end of November 2005 is below the percentage of rates in arrears at the end of November 2004 indicating improved efficiency in the rates recovery function. Remaining arrears continue to be pursued through Council’s debt recovery agency and by Council’s debt recovery officer.
For the current financial year the graph below shows a reduction of 0.19% from the same period last year to December this year.
Percentage of Rates in Arrears
6.50% 6.00% 5.50% 5.00% 4.50% 4.00% 3.50% 3.00% 2.50% 2.00% 1.50% Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May June
Fin Year 2003/04 6.20 5.03 4.47 3.92 3.46 3.16 2.96 2.70 2.50 2.25 2.09 1.91 1.77 Fin Year 2004/05 4.90 4.20 3.60 3.20 2.90 2.64 2.46 2.32 2.00 1.80 1.70 1.61 1.52 Fin Year 2005/06 4.98 4.08 3.47 3.11 2.79 2.46 2.27
Page 430 ORDINARY MEETING AGENDA 24 JANUARY, 2006
10.8 LOCAL GOVERNMENT AND SHIRES ASSOCIATION OF NSW & THE REVISED NATIONAL PACKAGING COVENANT
File No: 61/37
Attachment Correspondence from Local Government and Shires Association of NSW
Responsible Officer: David Simm Manager Development & Environment
Author: Duncan Jinks Environmental Officer
EXECUTIVE SUMMARY This report has been prepared to provide an update on the Local Government and Shires Association of NSW resolutions relating to the revised National Packaging Covenant, which took effect from 14th July 2005.
A Background Paper was prepared by the LGSA of NSW and is included as an attachment to this report to provide detailed information on the reasons behind the following Executive Resolutions of the LGSA of NSW:
1. That the Associations decline to become a signatory to the revised National Packaging Covenant and maintain a firm commitment to extended producer responsibility and container deposit legislation. 2. That the Associations offer to act in an advisory role to the National Packaging Covenant Council on the issues of relevance to Local Government.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT The first National Packaging Covenant operated from 1999 to 2004 as a co- regulatory agreement between the packaging industry and governments. However, the Local Government and Shires Association of NSW declined to become a signatory to this Covenant for the reasons outlined in the attached Background Paper, provided by the LGSA of NSW.
Following a review of the first National Packaging Covenant a revised Covenant was prepared and endorsed by the Environmental Protection and Heritage Council, which took effect upon the expiration of the first Covenant on 14th July 2005.
As outlined in the attached letter from the LGSA of NSW to Maitland City Council, following consideration of the relative merits of becoming a signatory to the revised Covenant, the LGSA of NSW Executives endorsed the following resolutions:
Page 431 ORDINARY MEETING AGENDA 24 JANUARY, 2006
LGA of NSW position on revised National Packaging Covenant November 2005 (Cont.)
1. That the Associations decline to become a signatory to the revised National Packaging Covenant and maintain a firm commitment to extended producer responsibility and container deposit legislation. 2. That the Associations offer to act in an advisory role to the National Packaging Covenant Council on the issues of relevance to Local Government.
A detailed Background Paper on the issue, produced by the LGSA of NSW has been included as an attachment to this report to provide a comprehensive overview of the LGSA of NSW position on the matter.
Page 432 ORDINARY MEETING AGENDA 24 JANUARY, 2006
LGA of NSW position on revised National Packaging Covenant November 2005 (Cont.)
Officers Reports
Local Government and Shires Association of NSW & the Revised National Packaging Covenant
Correspondence from Local Government and Shires Association of NSW
Meeting Date: 24 January 2006
Attachment No: 1
Number of Pages : 1
Page 433 ORDINARY MEETING AGENDA 24 JANUARY, 2006
LGA of NSW position on revised National Packaging Covenant November 2005 (Cont.)
Page 434 ORDINARY MEETING AGENDA 24 JANUARY, 2006
10.9 NSW COMMEMORATIVE PLAQUES PROGRAM
File No: 96/2
Attachments: Indicative Design of Plaque Example of an installed plaque Location of proposed plaque for Les Darcy
Responsible Officer: David Simm Manager Development and Environment
Author: Clare James Heritage Officer
EXECUTIVE SUMMARY The NSW Heritage Office has launched a new program that will commemorate significant people and events in the history of NSW. The aim is to celebrate the offbeat and unusual, as well as those people and events that are already well understood and appreciated by the community. Inspired by the commemorative plaques at key historic sites across the United Kingdom and Ontario, Canada, the Premier has decided that NSW should also celebrate places that have an integral role in our cultural and social history.
Les Darcy and Caroline Chisholm have been selected as two of the first historical figures to be commemorated under the program. Elsewhere in New South Wales, plaques will be erected this year commemorating rock singer Johnny O’Keefe; the site of the Japanese submarine attack on Newcastle in 1942 and the Olympic swimming star Fanny Durack.
The Heritage Office has requested permission from Council to erect a plaque commemorating Les Darcy on or near the footpath at 3 William Street, East Maitland. This is the site of a former carriage shed known as ‘The House of Stoush’ where Les Darcy developed his boxing skills. Arrangements have been made directly with the owner of the Caroline Chisholm Cottage with respect to the plaque for this site.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT Following the launch of the Plaques program in 2005, Maitland City Council was approached by the NSW Heritage Office to assist with the identification of suitable local sites for the first year of the program. It is proposed that the public will be invited to make nominations for plaques in future years.
Page 435 ORDINARY MEETING AGENDA 24 JANUARY, 2006
NSW Commemorative Plaques Program (Cont.)
To be eligible for a Commemorative Plaque, one or more of the following requirements must be met:
• The subjects have made a distinctive or interesting contribution to the NSW community in the fields of society and politics, arts and entertainment, science and technology or sport; • The subjects are highly regarded by their own profession or widely recognised by the community; • The subjects shall have had such exceptional and outstanding personalities that the well-informed passer-by immediately recognises their names; • The events or actions are interesting and relevant to the history and development of NSW.
Two sites have been selected within the Maitland local government area during the first year of the program including the Caroline Chisholm Cottage at 3 Mill Street, East Maitland, and the site of a former carriage shed known as ‘the House of Stoush’ at the rear of 3 William Street, East Maitland where Les Darcy boxed. The local Les Darcy Committee were contacted regarding this program and assisted with locating this site.
It is proposed to position the plaque within the footpath reserve such that the privacy of residents will be maintained. The owner of the subject property has been notified in writing as to the proposal.
FINANCIAL IMPLICATIONS The NSW Heritage Office will fund the plaque and its installation. There is no financial contribution required from Council.
POLICY IMPLICATIONS This project has no policy implications for Council.
STATUTORY IMPLICATIONS This project has no statutory implications
Page 436 ORDINARY MEETING AGENDA 24 JANUARY, 2006
NSW Commemorative Plaques Program (Cont.)
Items For Information
NSW Commemorative Plaques Program
Indicative Design of Plaque
Meeting Date: 24 January 2006
Attachment No : 1
Number of Pages : 3
Page 437 ORDINARY MEETING AGENDA 24 JANUARY, 2006
NSW Commemorative Plaques Program (Cont.)
Page 438 ORDINARY MEETING AGENDA 24 JANUARY, 2006
NSW Commemorative Plaques Program (Cont.)
Page 439 ORDINARY MEETING AGENDA 24 JANUARY, 2006
NSW Commemorative Plaques Program (Cont.)
Page 440 ORDINARY MEETING AGENDA 24 JANUARY, 2006
NSW Commemorative Plaques Program (Cont.)
Items For Information
NSW Commemorative Plaques Program
Example of an installed plaque
Meeting Date: 24 January 2006
Attachment No : 2
Number of Pages : 1
Page 441 ORDINARY MEETING AGENDA 24 JANUARY, 2006
NSW Commemorative Plaques Program (Cont.)
Page 442 ORDINARY MEETING AGENDA 24 JANUARY, 2006
NSW Commemorative Plaques Program (Cont.)
Items For Information
NSW Commemorative Plaques Program
Location of proposed plaque for Les Darcy
Meeting Date: 24 January 2006
Attachment No : 3
Number of Pages : 1
Page 443 ORDINARY MEETING AGENDA 24 JANUARY, 2006
NSW Commemorative Plaques Program (Cont.)
Page 444 ORDINARY MEETING AGENDA 24 JANUARY, 2006
11 NOTICE OF MOTION/RESCISSION
11.1 CLEAN-UP - MAITLAND NOTICE OF MOTION SUBMITTED BY CLR BOB GEOGHEGAN
File No: 83/1
Responsible Officer: Brad Everett Group Manager Service Planning & Regulation
Clr Bob Geoghegan has indicated his intention to move the following Notice of Motion at the next Ordinary Council Meeting of Council on 24 January 2006, as follows:
THAT:
1. Council identify unsightly high profile, high traffic locations in the Maitland LGA;
2. Where necessary, Council liaise with other Government agencies and local community groups to formulate a plan to rectify and/or enhance these locations;
3. The plan be expedited to be able to be enacted in conjunction with Clean-Up Australia Day – 5 March 2006.
COMMENT BY CLR GEOGHEGAN There are a number of long term eyesores in Maitland.
Some examples are road waste dumps at the Mitchell Drive – New England Highway and the Raymond Terrace Road – Government Road intersections; unauthorised rubbish dumps and derelict sheds along the NEH immediately south of Trzecinski Bridge, and the abandoned CWA Hall on the NEH at East Maitland.
These sites would probably only cost hundreds of dollars in total to remedy, yet Council has spent millions of dollars with city entry features, riverbank walks, city mall enhancements and gardens.
These remedial works are an opportunity for Council to become more involved in the upcoming Clean-Up Australia Day.
COMMENT BY GROUP MANAGER The need to enhance the entrances to Maitland is a necessity and is being included as a planning step within any proposed development or remediation for our Council area. We are actively identifying areas through our environmental programs section as places of revegetation and landscaping that improve or enhance our City.
Page 445 ORDINARY MEETING AGENDA 24 JANUARY, 2006
Error! Unknown document property name. (Cont.)
For the sites discussed, Council will forward a letter to the appropriate authority in charge of the sites (and others identified) to invite them to remediate the sites in conjunction with Clean up Australia Day. Council will also offer advice from the Greening Plan on screening/landscaping and revegetation of the sites to enhance the entrances to Maitland.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 446 ORDINARY MEETING AGENDA 24 JANUARY, 2006
11.2 SECTION 356 DONATIONS POLICY NOTICE OF MOTION SUBMITTED BY CLR WENDY WHITE
File No: 10/1
Responsible Officer: Brad Everett Group Manager Service Planning & Regulation
Clr Wendy White has indicated her intention to move the following Notice of Motion at the next Ordinary Council of Council on 24 January 2006, as follows:
THAT Maitland Council establish a working party consisting of the Mayor (or his nominee), two (2) Councillors and three (3) Council Staff to review the Section 356 Donations Policy with particular attention to be paid to the criteria currently in use, the legislative ramifications of the Local Government Act and the needs of the Maitland Community. The working group would return to Council with a model for discussion and ratification at the end of its deliberations.
Comment by Clr White
Due to the large and extremely diverse number of applications received there is a need to review Council’s current Section 356 Policy in order to ensure an equitable and transparent system for judging the merits of requests for financial assistance. The review would also clarify criteria for those reviewing the applications. It could also establish guidelines for requests falling outside the time limit for applications to be processed.
COMMENT BY GROUP MANAGER No objections are raised to the formation of the proposed working group.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 447 ORDINARY MEETING AGENDA 24 JANUARY, 2006
12 QUESTIONS WITHOUT NOTICE
13 URGENT BUSINESS
Page 448 ORDINARY MEETING AGENDA 24 JANUARY, 2006
14 COMMITTEE OF THE WHOLE
14.1 PLANT REPLACEMENT
File No: 137/1053-1054-1056-1057
Responsible Officer: Wayne Cone Group Manager City Works & Services
Author: Steven Hodges Manager Fleet and Depot Operations
EXECUTIVE SUMMARY In accordance with the 2005/06 Plant Replacement Programme adopted by Council on 28 June 2005, tenders were called for the replacement of:
• One (1) agricultural tractor. • One (1) skid steer / multi terrain loader. • Four (4) trucks.
This report deals with the proposed replacements and purchases, and provides details of the reasons for the replacements and the costs.
This report also deals with a review of two (2) items, a 12 tonne vibratory roller and a 9 tonne tipper truck that are due for replacement in the 2005/06 plant replacement program.
OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:
(d)(i) commercial information of a confidential nature that would, if disclosed: prejudice the commercial position of the person who supplied it
Page 449 ORDINARY MEETING AGENDA 24 JANUARY, 2006
15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE
16 CLOSURE
Page 450