Business Paper

Ordinary Meeting

Venue: Administrative Headquarters Civic Place Katoomba

Meeting: 7.30pm 24 March, 2015

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ORDINARY MEETING

24 MARCH 2015

AGENDA

ITEM PAGE SUBJECT COMMENTS NO.

PRAYER/REFLECTION (and Recognition of the Traditional Owners, the Darug and Gundungurra People)

APOLOGIES

CONFIRMATION OF MINUTES

Ordinary Meeting held on 24 February 2015

DECLARATIONS OF INTEREST

MINUTE BY MAYOR

1 17 10/50 Vegetation Clearing Code 2014

REPORT(S) BY GENERAL MANAGER

2 21 Council Leadership - Addressing the Challenges - Strategic Direction and 4 year Priority Outcomes Attachments x 4 Enclosure x 1

3 43 Blue Mountains Economic Enterprise Attachment x 1

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ITEM PAGE SUBJECT COMMENTS NO. PROVIDING GOOD GOVERNMENT

4 49 Performance of Invested Monies for February 2015

5 56 2015 National General Assembly of Local Government - Call for Motions and Delegates Attachment x 1

6 72 Review of Privacy Management Plan Attachment x 1

7 89 Blue Mountains City Council's Support to Communities Impacted by South Australian Fires in January 2015

8 92 Councillor Attendance at Briefing Sessions Annual Report

9 94 Greater Sydney Commission

10 99 Community Assistance Donations/Recommendation by Councillor

LOOKING AFTER PEOPLE

11 101 Blue Mountains Cultural Centre and Blue Mountains Theatre & Community Hub Sponsorship Policy public submissions Attachment x 1

12 110 Blue Mountains Theatre and Community Hub operational structure and initial budget

13 113 The Development of an Ageing Strategy for the Blue Mountains Attachment x 1

14 120 Domestic Violence Law and Policy Reforms Update

15 126 Contributions of Stanley Bignell

16 131 Construction of Glenbrook and Hazelbrook Commuter Carparks

17 134 Second memorial - Lone Pine War Memorial

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ITEM PAGE SUBJECT COMMENTS NO.

18 140 Blaxland War Memorial Park mowing

USING LAND

19 143 Development Application No. X/759/2014 for the demolition of an existing dwelling including associated structures and the construction of two accessible dwellings on Lot C DP 389352, 14 Glenbrook Rd, Glenbrook Attachments x 2

20 178 Development Application No. X/772/2014 for alterations and additions to the dwelling, and a two storey pool house on Lot 2 DP 202730, Lot 2 DP 202731, 30 Darley Street, Katoomba Attachments x 2

21 197 Development Application No. X/1041/2014 for a medical centre on Lot B DP 342431, PTL C DP 342431, 2-6 View Street, Blaxland Attachments x 2

22 235 Development Application No. X/1149/2014 FOR A Change of use of industrial unit to a dance studio on S 3 SP 76481, Unit 3/29 Attunga Road, Blaxland Attachments x 2

23 251 Development Application No. X/1243/2014 for external signage on Lot A DP 335970 and Lot 1 DP 181124, Springwood Civic Centre, 106- 108 Macquarie Road, Springwood and Springwood Library, 102-104 Macquarie Road, Springwood Attachment x 1

24 270 State Environmental Planning Policy No.1 (SEPP) Variations Attachment x 1

MOVING AROUND

25 274 Disabled Parking in Greenway Lane, Springwood

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ITEM PAGE SUBJECT COMMENTS NO. 26 278 Supply and Delivery of one 22.5 tonne Road Maintenance Vehicle

NOTICES OF MOTION

27 283 Temporary Access Arrangement for Lapstone Netball Courts Eastern Boundary

28 284 Department of Social Services community services funding

PRECIS OF SELECTED CORRESPONDENCE

29 287 Precis of Selected Correspondence Attachments x 11

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THE COUNCIL MEETING

The following information has been taken directly from the Blue Mountains City Council Code of Meeting Practice 2013 using corresponding section numbers, and should be used to assist the public in participating in the Council’s decision making process. To obtain the full version of Blue Mountains City Council Code of Meeting Practice, please visit the Council website, Council Libraries or contact Blue Mountains City Council.

1.1 PUBLIC ATTENDANCE AT MEETINGS Everyone is entitled to attend meetings of the Council and those of its Committees of which all the members are Councillors, except in the limited circumstances set out in 1.8 below. The Council has a responsibility to ensure that such meetings are open to the public.

1.3 PUBLIC NOTICE OF MEETINGS The Council gives public notice of all scheduled Council meetings in the Blue Mountains Gazette newspaper each Wednesday. This information is also available on the Council’s website at address www.bmcc.nsw.gov.au.

1.6 PARTICIPATION IN THE COUNCIL MEETINGS 1.6.1 Public Access Members of the public are welcome to address the Council on any items of business in the Business Paper other than the Unconfirmed Minutes,(except at the discretion of the Mayor), Minutes by the Mayor, Rescission Motions, Councillor Reports, Questions with Notice, Responses to Questions without Notice, Responses to Questions with Notice, Notices of Motion (including Rescission Motions), the Précis of Correspondence and Matters of Urgency. A “Guide to Public Speakers” will be available at each meeting.

Members of the public may make representation to, or at a meeting, before any part of the meeting is closed to the public as to whether that part of the meeting should be closed. The representations may be made by addressing the Council at the meeting (see also Section 1.8.1 of this Code).

Members of the public must remain behind the roped barrier in front of the Councillors seating at all times. Councillors must enter the Public Gallery when speaking with members of the public. No communication with the Councillors is permitted once the meeting commences.

Those wishing to address the Council must register with the Council Administration Officer present in the Council Chamber prior to the commencement of the Meeting. Speakers may register from 6:30 to 6:55 pm.

Registrations may be also be made prior to the Meeting by completing the on- line Registration form and emailing or faxing the form to Executive Services staff.

The following details are to be completed on the Registration form: • Name; • Address; • Organisation (if applicable); • Item on business paper to be addressed;

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• A clear statement as to whether the person is for (supports) or against (opposes) the recommendation or proposition as printed in the business paper; and • Interest of speaker (as affected neighbour or as applicant or applicant’s spokesperson, or as interested citizen).

If, due to exceptional circumstances, a member of the public is unable to complete a registration form prior to the commencement of the meeting, that person must speak to the Council Administration Officer and the Mayor will determine if the speaker can address the item.

Members of the public will not be able to address the Council on a particular item after the business on that item has been completed

Only persons who have completed the Registration form and clearly indicated their intention to speak for or against a recommendation or proposition in the business paper may address the Council. Speakers who do not speak in accordance with their stated intention shall forfeit the right to continue speaking.

The Council encourages members of the public to present their views to meetings in order that the Council deliberations may be better informed. An opportunity to speak will be afforded to persons representing a diverse range of views and opinions in preference to hearing the same view stated repeatedly or sequentially. Organisations may be restricted in number of speakers.

1.6.2 Protocol for public speakers Up to 3 speakers for each opposing viewpoint will be permitted to address the Council. On development applications, the applicant (or a spokesperson) will be permitted a final 3 minute address. In selecting other speakers, preference will be given to neighbours who would be affected by the proposal, whether favourably or unfavourably.

If more than 3 persons wish to speak on each of the differing views on an issue, they register through lodging a completed form with the Council staff. The Mayor or Chairperson will determine the number of speakers to be heard and may on occasions put a procedural resolution to the Council to increase the number of speakers.

If the number of persons requesting to speak exceeds the number the Council has nominated, the Mayor shall invite persons to voluntarily withdraw, and if necessary, the Council staff will conduct a draw to determine the speakers. The draw provides that, on development applications, the speakers shall include the applicant (or a spokesperson) as above, and at least one neighbour for and one against the recommendation. Where necessary, a separate ballot will be conducted to determine the two neighbour speakers.

Public speakers are restricted to three (3) minutes. No extensions of time will be granted.

All speakers must state their name and address, organisation (if applicable), and interest in the issue before speaking.

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Presentations and questions should be made or put courteously and concisely, and without hectoring. Councillors will observe the same courtesies while members of the public are addressing the Council.

Personal allegations against Councillors and/or staff may not be made. A member of the public making such allegations forfeits forthwith the opportunity to address the Council. The Mayor shall insist that an offending speaker cease speaking. Councillors may ask questions of speakers at the conclusion of their address.

Those in the public gallery shall not ask questions of members of the public addressing the Council or otherwise canvass issues in a public way.

Special arrangements apply when members of the public wish to make representations to the Council on the question of whether or not part of the meeting should be closed to the public. Where an agenda includes notice that an item of business is likely to be considered in closed session, the following procedure will be followed: (a) any person may make written representations to the General Manager up to the time of commencement of the meeting; (b) any person who wishes to make verbal representations at the meeting must follow the procedures set out above for registering with the Administration Officer and for addressing the Council; (c) after a motion proposing to close part of the meeting to the public has been moved and seconded, the Chairperson will ask the General Manager to read out any written representations; (d) the Chairperson will then invite members of the public to address the Council. After three speakers have spoken in favour of the proposal and three against, the Chairperson will ask the Council to indicate by a show of hands whether the majority of Councillors present are satisfied that the range of views has been sufficiently canvassed. If the vote is in the affirmative, the motion to close part of the meeting will be put to the vote; and (e) in the event that the Council disagrees with the recommendation of the General Manager to discuss an item in closed session and no motion to that effect is forthcoming, the Chairperson will announce that representations from the public will not be needed.

If it becomes apparent during a meeting that a matter should be considered in a closed part of the meeting, the Council can consider such a motion notwithstanding that notice has not been given in the agenda. In such cases, time will permit neither the registration of speakers nor written representations. However, the Chairperson will invite members of the public to address the Council and the procedure set out in (d) above will be followed.

1.7 SOUND RECORDINGS BY THE PUBLIC Unless the Council otherwise resolves, no recording equipment, excepting the official recording system, may be used to record the proceedings at meetings of the Council or its Committees. This prohibition applies to tape recorders, video cameras and any electronic devices including mobile phones or notebook computers capable of recording speech.

A person may be expelled from a meeting for using a recording device in contravention of the above. (See Clause 3.10).

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1.7.1 Mobile Phones All mobile phones in the Chamber and Public Gallery are to be turned off or switched to silent/vibrate. Failure to do so may be treated as an act of disorder.

1.7.2 Photography in the Council Chambers Photographers are permitted to take photos in the Council Chambers by prior approval, on the condition that the press respects people’s right not to be photographed if they do not wish to be.

1.7.3 Use of a Computer Technology The use of notebook computers are permitted to be used during the meeting so long as a person does not use the device for recording the proceedings and uses the power outlets available at the rear of the Chamber. The use of notebook computers should not affect nor disrupt other members of the public including making noise so as the public cannot hear the discussions in the chamber.

Councillors are reminded that use of their iPad during Council Meetings should be for purposes of debate and the rules of debate apply.

1.8 MEETINGS CLOSED TO PUBLIC 1.8.1 General Section 10A of the Local Government Act, 1993 provides that the Council or a Committee may close part of a meeting to the public. The Act states:

“10A(1) A Council, or a Committee of the Council of which all members are Councillors, may close to the public so much of its meeting as comprises: (a) the discussion of any of the matters listed in subclause (2); or (b) the receipt or discussion of any of the information so listed.

(2) The matters and information are the following: (a) personnel matters concerning particular individuals; (b) the personal hardship of any resident or ratepayer; (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; (d) commercial information of a confidential nature that would, if disclosed: (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret; (e) information that would, if disclosed, prejudice the maintenance of law; (f) matters affecting the security of the Council, Councillors, the Council staff or the Council property; (g) advice concerning litigation or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

(3) The Council, or a Committee of the Council of which all the members are Councillors, may also close to the public so much of its meeting as comprises a motion to close another part of the meeting to the public.” The grounds on which part of a meeting is closed to the public will be specified in the decision to close the meeting and recorded in full in the minutes of the meeting. The grounds will specify: (a) the relevant provision of Section 10A(2) which applies;

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(b) the matter that is to be discussed during the closed part of the meeting; (c) the reasons why that part of the meeting is being closed to the public indicating whether it is being closed for preservation of confidentiality, privilege or security (this does not apply to personnel matters concerning particular individuals, or the personal hardship of a resident or ratepayer or a trade secret); and (d) an explanation of the way in which discussion of the matter in open meeting would, on balance, be contrary to the public interest.

For the purpose of determining whether the discussion of a matter in an open meeting would be contrary to the public interest, the Council will regard the following as irrelevant: (a) a person may misinterpret or misunderstand the discussion; or (b) the discussion could cause embarrassment to the Council, a Committee, Councillors or staff or cause a loss of confidence in the Council or a Committee.

When considering, at a meeting closed to the public, a motion to close another part of the meeting as provided under Section 10A(3) of the Local Government Act, the Council will not consider any details of the matter concerned other than whether or not it constitutes one of the grounds for closure specified in Section 10A(2).

The Council may close part of a meeting to the public notwithstanding that notice has not been given in the agenda only in the following circumstances:- (a) It becomes apparent that the matter is one of those specified in Section 10A(2) as grounds for closure; and (b) The Council considers representations by the public as to whether or not the meeting should be closed; and (c) The Council resolves that discussion on the matter should not be deferred because of its urgency and should take place while the meeting is closed to the public.

In accordance with Section 10B of the Local Government Act, a meeting will remain closed only so long as necessary to preserve the relevant confidentiality, privilege or security of the matter concerned, but only for such portion of the debate on an item as is necessary to preserve confidentiality, privilege or security. In all cases other than personnel matters concerning particular individuals, the personal hardship of residents or ratepayers, or a trade secret, the meeting will not remain closed unless the Council is satisfied that discussion of a matter in open meeting would, on balance, be contrary to the public interest.

A member of the public is not entitled to be present at part of a meeting which has been closed in accordance with Section 10A of the Act. A resolution passed at a closed meeting or part of a meeting must be made public by the Chairperson as soon as practicable after the meeting or part of the meeting has ended.

The Council will at all times keep principles of open and transparent governance and the public interest in mind when discussing closure of meetings to the public.

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1.8.2 Representations by the public on closure of part of meeting In accordance with clause 252 of the Regulation, the Council is required to give members of the public the opportunity to make representations as to why part of a meeting should be closed.

There are two mechanisms for achieving such representation: a) By registering to speak to the Business Paper calling for the item to be heard in Confidential Session (see Section 1.6); OR b) Following a resolution of the Council to close the meeting to the public, the Chairperson will call for members of the public to make representations as to why the meeting should be closed.

In either of these circumstances the representation by a member of the public will be limited to 3 minutes.

3.9 MAKING DECISIONS - RULES OF DEBATE

3.9.1 Standing to Address the Council Any Councillor or member of the public (unless physically disabled or elderly) must stand to address the Council. This does not apply to the Mayor or Council officers and may not apply during Committee meetings.

A Councillor who is unable to stand to address the Council due to a physical impairment or ill-health should notify the Chairperson prior to the meeting commencing.

4.1 EFFECT OF RESOLUTIONS Once a motion has been passed, it becomes a resolution of the Council and the General Manager must ensure that it is implemented without undue delay as required by Section 335(1) of the Act.

However, a resolution of the Council will not be implemented for a period of two days after the meeting at which a motion has been passed to allow time for rescission motions to be lodged. Thereafter action necessary to give effect to the Council decision must be commenced immediately to avoid excessive delay in implementation. (See also 4.3 below, “Limits on when/how often Decisions can be revisited”).

Each Business Paper shall include a public notice of the Council policy that decisions of the Council will not be implemented until the third day after a meeting, or until after any notices of rescission have been dealt with. The Council decisions should not therefore be acted upon until officially communicated in writing.

There is no time limit on the lodgement of a Rescission Motion. Until a resolution of the Council is “carried into effect” - meaning that irrevocable steps have been taken to implement the resolution - a Rescission Motion may be lodged.

However in the case of approvals of building or development applications, once the applicant has been formally advised of the Council’s decision the approval or consent may not, in the absence of clear statutory authority (s. 109 LGA 1993 or s.9 E&PA Act) be rescinded or altered.

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4.2 DEVELOPMENT APPLICATIONS – MATTERS FOR CONSIDERATION When determining a development application the Council is required to take certain matters into consideration. These must be relevant to the development application under consideration. These considerations are detailed under s. 79C (1) (Matters for consideration – general) of the Environmental Planning and Assessment Act 1979 and are reproduced below:

79C Evaluation (1) Matters for consideration—general In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application: (a) the provisions of: (i) any environmental planning instrument, and (ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and (iii) any development control plan, and (iii) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and (iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), that apply to the land to which the development application relates,

(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, (c) the suitability of the site for the development, (d) any submissions made in accordance with this Act or the regulations, and (e) the public interest.

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MINUTE BY MAYOR

MINUTE BY MAYOR Item 1, Ordinary Meeting, 24.03.15

ITEM NO: 1

SUBJECT: 10/50 VEGETATION CLEARING CODE 2014

FILE NO: F08562 - 15/31701

Delivery Program Link Principal Activity: Looking After Environment Service: Natural Environment

Recommendations:

1. That the Council reminds the NSW Government that our in-principle support for 10/50 is based on appropriate environmental safeguards as set out in our resolutions of Ordinary meeting of 19 June 2014 and referenced in our submissions including the most recent dated 14 November 2014; and

2. That Council draws the Government's attention to the representations in our submissions regarding the need to ensure that the vegetation clearing measures promoted by the 10/50 Code are evidence-based policy that contributes to effective bush fire hazard reduction and seeks advice as to the progress of the 10/50 review.

Mayoral Minute

Reason for report To seek the endorsement of the Council to make representations to the NSW Government emphasising the key points of the submissions made by this Council in relation to the Rural Fire Service’s 10/50 Vegetation Clearing Code and seeking an update on the progress of the 10/50 review.

Background The 10/50 Vegetation Clearing Scheme and Code of Practice were introduced into NSW by the State Government and the Rural Fires Service on 1 August 2014. The scheme marked a significant change in the regulatory environment applying to trees and vegetation. It provides landowners an entitlement to clear vegetation that posed a bush fire risk to their properties via a simple mechanism that has no or minimal approval requirements.

Initially the clearing entitlements applied to relatively broad areas that went beyond the area mapped as bush fire prone land.

In November 2014 the State Government announced a change to the clearing entitlements which aligned the clearing entitlement area to mapped bush fire prone land. The RFS also announced that the review of the 10/50 Vegetation Clearing Code of Practice was continuing and that it was expected to be completed sometime in the first half of 2015.

Discussion This Council has made several submissions to the 10/50 Vegetation Clearing Code and legislation. At the broadest level, the Council has supported the objective of assisting householders to manage vegetation on their properties to reduce the risk of bushfire. The Council has however stressed the need for appropriate environmental protection measures and for the clearing measures to be applied in a way that materially reduces bush fire risk.

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The changes to the 10/50 Code introduced in November 2014 were implemented in response to community concern that vegetation was being cleared for purposes other than bush fire protection. In workshops in October last year RFS acknowledged that they were not in a position to state that application of 10/50 clearing would substantially reduce bush fire risks faced by landowners and that they could not verify that had 10/50 been in place prior to the October 2013 bush fires, there would have been a material difference in the property loss suffered by our community.

The Council’s submissions have stressed the need for the 10/50 code to be integrated with the other relevant bush fire protection regulation such as the RFS ‘Planning for Bushfire Protection’ and bush fire risk management methodology and related environmental assessment. These measures are critical if the application of the Code is to operate as intended, that is, reduce the risk of bush fire attack faced by landowners in high risk areas and to avoid otherwise harmful clearing that is unrelated to that purpose.

The impacts of clearing in the Mountains on biodiversity and landscapes are cumulative. Because they occur at the site scale the incremental impacts are not readily measurable because the 10/50 Code does not require any notice of clearing. I am advised that since the introduction of 10/50 legislation there has been a 65% reduction in applications to remove trees and a 33% increase in complaints about clearing of trees.

The World Heritage Nomination for the listing of the surrounding Greater Blue Mountains National Park states that “The Blue Mountains City Council, which manages the narrow stretch of towns across the Mountains (excluded from the nominated area), has adopted policies under its development control powers to minimise impact on the protected areas.”

The Council takes this responsibility most seriously, as it does the need to balance that responsibility with the need to manage the risk posed by bushfire. We support a proper, evidence-based approach to the review of the 10/50 Vegetation Clearing Code.

It is important that the Council continue to press for a clearing policy that is effective in relation to its intended aim of enhancing bush fire protection within a frame of appropriate environmental safeguards.

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REPORTS BY GENERAL MANAGER

REPORT(S) BY GENERAL MANAGER Item 2, Ordinary Meeting, 24.03.15

ITEM NO: 2

SUBJECT: COUNCIL LEADERSHIP - ADDRESSING THE CHALLENGES - STRATEGIC DIRECTION AND 4 YEAR PRIORITY OUTCOMES

FILE NO: F09162 - 15/32046

Delivery Program Link Principal Activity: Civic Leadership Service: City-Wide Strategic Planning

Recommendations:

1. That the Council notes the significant achievements against the priority outcomes for the past 2 years found at Attachment 1;

2. That the Council endorses the ‘Council Leadership - Addressing the Challenges - Strategic Direction and 4 year Priority Outcomes’ document at Attachment 2 that includes the additional new items 1-6 identified in this report;

3. That the Council notes that the Fit for the Future submission will be made to the State Government in June 2015 and that part of that submission will identify the achievements against the Councils’ Six Strategies for Financial Sustainability including the predicted reduction in loan borrowings; and

4. That the Council endorses the service review process plans for Parks, Libraries and Pools identified in Attachment 3 and the interim Strategic Decision Making Framework for major asset failure at Attachment 4.

Report by General Manager

Reason for report This report provides the outcomes of the third annual Councillor Strategic Planning Workshop held on Saturday 21 February 2015 and makes recommendations to confirm the key decisions made on the day. Adoption of the recommendations will formalise the Councils strategic priority outcomes for the remaining term of the Council to provide leadership and guidance to the organisation and to continue to position the Council to be Fit for the Future and deliver on our Vision and Mission.

Background The Council in February 2014 considered a second report on the outcomes of the first two strategic workshops that set the strategic focus and priority outcomes for the remaining 3 years. The Council has continued to review and refine the four year Priority Outcomes each year taking into account feedback from the community and changes in the external environment that includes state policy for local government.

In particular the review of the 4 year strategic program enables the Council to consider the progress to date against the last decisions and it enables the Council to take into account the events and shocks that impact the City, such as the recovery from the devastating bushfires in October 2013. It also allows for consideration of the impacts of continued cost shifting, grant funding reduction from other levels of government and any other significant issues that have emerged that have an influence since the last workshop. - 21 - REPORT(S) BY GENERAL MANAGER Item 2, Ordinary Meeting, 24.03.15

Review Strategic Direction – Guiding Principles The Councillors reviewed and reaffirmed the strategic direction and guiding principles that form the Council response to the Strategic Community Plan - Sustainable Blue Mountains 2025. This will be reaffirmed in the strategic outcome document Council Leadership - Addressing the Challenges - Strategic Direction and 4 year Priority Outcomes attached to this report at Attachment 2.

The Council has now adopted the organisational Vision – To build a successful future for the Blue Mountains and the Mission – Improving the well-being of our community and the environment and they have been incorporated into the Councils strategic documents.

Review of Progress – Priority Commitments/Outcomes including Major Projects The 4 year priority commitments adopted in February 2013 and amended in March 2014 have been completed or are well advanced and ongoing. The table identifying completion and progress can be found at Attachment 1.

The Council has embarked on an ambitious program of major capital works projects to support the achievement of it Vision and Mission. The projects outlined are significant contributors to improving the well-being of our community and the environment. The projects listed have been completed or significantly progressed in the last 2.5 years. The total value of the projects is over $45M with funds coming from grants, borrowings and low interest Local Infrastructure Renewal Scheme loans. Significantly the majority of projects have been project managed by Council and have been delivered on time and on budget.

A list of the projects is provided below and enclosure 1 provides a photograph identifying the project and progress.

1. Blue Mountains Theatre and Community Hub – Springwood 2. Blaxland Resource Recovery and Waste Management Facility Upgrade (BRR&WMF) 3. BRR&WMF Co2 reduction gas extraction. 4. BM Cultural Centre and Katoomba Library 5. Mt York Heritage Conservation Reserve 6. Gully Interpretive Walk 7. Katoomba Skate Parks 8. Hazelwood Childcare Centre 9. Katoomba/Waratah Streets Roundabout and Stage 1 Pioneer Place Upgrade 10. Complete Civil Infrastructure Lawson (on completion of shops) 11. Complete the new Leura amenities 12. Successful RDAF Grant for the Greater Blue Mountains Trail –project under construction 13. Sealing of unsealed roads 14. Glenbrook Swimming Pool – Cover for Learn to Swim and Upgrade of filtration plant and pipe work

Review and Adjust Priority Commitments/Outcomes – next 18 months Councillors completed a review of the current 4 year priority commitments and outcomes and confirmed all of those previously adopted after reviewing community feedback and the changing environment including the agenda of State government for Local Government to be Fit for the Future. After completing the review the following additional Priority Commitment/Outcomes were considered and recommended for inclusion going forward.

1. Fit for the Future Submission (FftF) Council has been focusing over many years through developing firstly its Community Strategic Plan – Sustainable Blue Mountains 2025, the Integrated Planning and Reporting documents that include key strategies particularly relating to financial sustainability, asset

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management and resourcing. This work is critical to informing the Council decision making and position the organisation to be FftF. Similarly the Council has through the Best Value Group and through staff initiatives been reviewing services and looking at ways to become more effective and efficient in service delivery and looking at different means of providing value for money to the community.

2. Establishment of the Strategic Alliance The Council resolved in September 2014 to establish a working party with Hawkesbury and Penrith to explore the opportunity for a Strategic Alliance. The State governments Sub Regional Planning grouping for the Sydney Metropolitan Plan has identified the same grouping of Councils. In addition one of the key indicators for FftF is scale and capacity.

The working group of the three councils has identified the following key elements as the things that bind them; • Optimise state and regional planning • Strengthen regional advocacy and funding • Maximise opportunities and innovation • Create regional advantage and relevance to industry, state and federal governments and even internationally and

The working group has progressed to the point of looking at an interim formal arrangement to present to the relevant mayors for consideration and report back to their respective councils in April 2015. Given that this initiative was being considered by the relevant councils prior to the FftF announcement it is considered that the initiative is potentially even more advantageous and should be pursued subject to satisfactory governance arrangements and resourcing.

3. Review of LEP The council has adopted certain resolutions in response to outcomes from the Standard Instrument translation of LEP 2015. This requires a more detailed review especially around towns and villages. A project plan on how this will be carried forward will be prepared and considered by the Council in the current financial year and this will be a major undertaking.

4. Continue Review of Services and Operational Efficiencies supporting FftF The local government landscape and environment is ever changing. The considerable changes coming from the state government reforms and in particular FftF will require some organisational response. BMCC has been pursuing the integrated planning and best value model for some time. The council is always looking for innovation and efficiency to reduce operating costs and overheads to deliver a balanced budget. This will result in the need to look at opportunity for organisational realignment to support better service delivery and efficiencies.

5. Develop a Concept Plan to upgrade Springwood Library as a full District Library. Stage 3 of the master plan for the Blue Mountains Theatre and Community Hub was for the Springwood Library to be upgraded to a level similar to the Katoomba library to fulfil its role as a district library. Given the Council’s current policy of taking on no new debt without a business case it is considered that the only way forward with the project in the immediate future would be through seeking successful grant funding.

To be in a strong position for this to occur, a concept plan and estimate costing would need to be completed with a prospectus for grant applications. It is considered that the Council should position itself to take advantage of any suitable grants that become available. It will be recommended that the concept plan, cost estimate and prospectus be finalised to seek grant opportunities.

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6. Communication Plan to support Councillors and inform Community. On outcome from the strategic Councillor session was the recognition of the extent of the projects that have been and are being undertaken by the Council and the changes that are occurring through the State government reforms. Councillors are seeking a communication plan that supports their dialogue with the community and also provides a structured way of communicating with the broader community to keep them informed. There was recognition that the Council has limited communication resources that are required to multi-task across a wide range of work including event organising. This may require some additional resources being allocated.

Commitment to focus on Bushfire Response, Recovery, Preparedness and Learning The Council acknowledged that response to bushfire disasters has been a major focus for the City and the Council for the past 18 months. While this has been at certain times the highest priority and has impacted the timing of the delivery of some projects most of them have been delivered on time and others only slightly rescheduled. This is a good outcome for the City. The local recovery continues to be led by the Council and is ongoing. A recent survey indicates that there are a significant percentage of residents still requiring ongoing support.

The Council has been providing input into the State preparedness documentation and at the same time the Council has been addressing local issues that it is responsible for and working with the RFS on issues of mutual interest to benefit the community.

Council Commitment to Financial Sustainability The Council considered the positive progress made against the 6 Strategies for Financial Sustainability and how they relate to the Council being FftF. A brief outline is provided below.

Strategy 1 - Avoid Shocks: The Council is proactively implementing financial planning to ensure we live responsibly within our means, manage risks and prioritise resources to achieve best outcomes and retain restricted reserves for known future required spending. Under this strategy the Council maintains a working capital of $1.7 - $1.8 million to manage day to day financial commitments and has $28.5 million in cash and investments in reserve to fund planned future commitments and manage identified risks.

Strategy 2 - Balance the Budget: Each year the Council lives responsibly within its means and ensures the annual cash budget is balanced against available revenue. For the past 10 years this has been achieved each year with a small surplus through significant productivity, cost saving and business improvement initiatives. Over the last four years the Council has achieved savings of over $15 million. For example, it was identified that savings of $200,000 per annum could be achieved through sealing unsealed roads that were absorbing high levels of resources as a result of costly re-grading requirements.

Balancing the cash budget is a challenge given that costs continue to rise at a higher rate than available income, other levels of government continue to shift costs on to councils and restrict or reduce funding. Under Strategy 2 the Council is also building financial capacity to balance its “Operating Balance Result” measure over the next 10 years. This result measures whether the Council has sufficient revenue to meet its overall expenditure requirements, including the funding required to renew the City’s ageing built infrastructure (roads, footpaths, drainage, community and recreational facilities etc.).

Strategy 3: Manage Borrowings Responsibly: Prudently, the current Council has determined that it cannot continue to annually borrow funds for asset renewal works. The Long Term Financial Plan identified that the Council had reached its capacity to increase borrowings to remain financially sustainable. This has been confirmed by TCorp who specifically highlighted the importance of the Council restricting loan funding for the foreseeable future.

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The Council is committed to reducing debt levels through ceasing new borrowings subject to annual reviews of financial capacity. Unless there is a sound business case to borrow funds, the Council has determined it will not be entering into new debt. Under this strategy debt is currently projected to reduce from $58 million in 2014/2015 to under $17 million by 2024/2025.

As shown in the chart below, the Council is ahead of its target to reduce debt for the 2014/15 financial year due to the implementation of the Council’s Six Strategies for Financial Sustainability including Strategy 3 – Manage Borrowings Responsibly.

Projected total Council borrowings 2014-2025

Targeted Total Borrowings Outstanding per LTFP 70,000,000

60,000,000 Council performance better than debt reduction target with 2014/15 debt now projected at $57.8M versus original target of $58.6M

50,000,000

40,000,000

30,000,000

20,000,000

10,000,000

0 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 2021/22 2022/23 2023/24 2024/25

Strategy 4 - Increase Income: For every dollar residents pay in rates, the Council matches it with revenue from other sources. Over the past five years the Council obtained over $40 million in grant funding and $47 million in Financial Assistance Grant funding to support the community. In addition, the Council has raised just under $6 million in additional revenue over the past four years from a range of initiatives.

This Strategy also includes implementing a two-stage planned approach to increasing revenue through phased special rate variations, implemented gradually, taking into account community capacity to pay rate increases and the financial challenge facing the City: • Stage 1, which has been successfully implemented, included continuation of an existing special variation for infrastructure from July 2013; and • Stage 2, which is to be determined by IPART in May 2015, involved engaging community in 2014 on three options for Resourcing Our Future, two of which include rate variations.

Strategy 5 - Review and Adjust Services: The Council has adopted a Best Value Service Framework including a commitment to ongoing continuous reviews of Council service delivery to ensure value for money service provision. Service reviews completed to date which have resulted in significant ongoing cost savings, efficiencies and additional revenue include: • Waste and Resource Recovery Strategy (Stage 1); • Bulky waste collection more responsive booked service better suited to residents’ needs & reduced ongoing costs ($63,500 p.a. savings); • Sealing of unsealed roads improved service delivery & reduced ongoing costs ($250,000 p.a. savings); • Tourist Parks improved customer satisfaction & increased net income (net profit $1.7 million over 5 years); and

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• BMCC Fleet Review - reduced fleet numbers and improved lifecycle costs (over $100k p.a. savings).

Strategy 6 - Increasing Advocacy and Partnerships: This strategy involves building partnerships and advocating to other levels of government to achieve positive outcomes for the Blue Mountains community. To date, the Council has been very successful in actively pursuing alternative revenue sources to deliver key infrastructure through private public partnerships or joint ventures, to support a sustainable City. Since 2009 the Council has been successful in obtaining more than $40 million in alternative grant revenue to fund major infrastructure in partnership with other levels of government (see Review of Progress – Priority Commitments/Outcomes including Major Projects outlined above).

Review and Adjust Services Consideration was given to the good progress in finalising and implementing stage one of the Resource Recovery and Waste Strategy.

Further consideration was given to taking the service reviews for Parks, Libraries and Pools forward in the next twelve months. Attachment 3 outlines the process plans that were considered and have been recommended for adoption to guide future service review work for each service.

Consideration was also given to the strategic approach that should be given in the event of a significant asset failure during the service review process and especially given the unknowns around the outcome of SV2 from IPART. The Council considered and endorsed the Strategic Decision Making Frame for Major Asset Failure that can be found at Attachment 4. A recommendation has been made to adopt the frame to guide decision making.

Conclusion Councillors acknowledged the significant achievements and completion rates against the Priority Commitments/Outcomes in the first two years of the 2013/17 four year period. The Councillors also acknowledged the ambitious program of major capital works projects that support the community that have been undertaken and completed in the last two years on time and budget and noted that these projects have in the main been project managed by Council staff.

A review of the Priority Commitments/Outcomes was under taken at the half way mark of the council term in the context of the service reviews, community feedback and the reform agenda for local government. As a result 6 new items identified above in this report have been included.

Councillors also provided direction to staff on the way forward for the major service reviews referred to in this report and agreed to the process plans for parks, libraries and pools. A strategy for decision making for major asset failure was also considered and endorsed.

The significant efforts of staff to support the community in the response and recovery phases of the 2013 bushfires were noted and it was acknowledged that the local recovery is still in progress. Despite this event the majority of projects and actions are still on track with a relatively small number rescheduled as a result of the fires.

The Council considered the significant progress against the Six Strategies for Financial Sustainability and how the Council is positioned to address the heads of consideration to be FftF. The conclusion was that the Council is in a strong position to make a case to be FftF.

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ATTACHMENTS/ENCLOSURES

1 Priority Outcomes for past 2 years 15/37869 Attachment 2 Council Leadership - Addressing the ~ Strategic Direction 15/43046 Attachment and 4 year Priority Outcomes 3 Service Review Process Plans for Parks, Libraries and 15/38261 Attachment Pools 4 Strategic Decision Making Framework for major asset 15/38268 Attachment failure 5 Enclosure 1- Progressing Major Projects - Councillor 15/38271 Enclosure Strategic Planning Workshop 21 February 2015

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Attachment 1 - Priority Outcomes for past 2 years

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Attachment 2 - Council Leadership - Addressing the ~ Strategic Direction and 4 year Priority Outcomes

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Attachment 3 - Service Review Process Plans for Parks, Libraries and Pools

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Attachment 4 - Strategic Decision Making Framework for major asset failure

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ITEM NO: 3

SUBJECT: BLUE MOUNTAINS ECONOMIC ENTERPRISE

FILE NO: F09162 - 15/34746

Delivery Program Link Principal Activity: Sustainable Economy Service: Economic Development and Tourism

Recommendations:

1. That the Council nominates a Councillor to be the alternate Director of Blue Mountains Economic Enterprise (BMEE);

2. That the Council agrees to amend the BMEE constitution by deleting the current clause 11.13(b) and inserting the amended clause identified in the report; and

3. That the Council delegates to the General Manager the authority to sign a Minute of Resolution confirming the Councils decision to change the constitution of BMEE.

Report by General Manager

Reason for report Blue Mountains Economic Enterprise (BMEE) has written to the Council (Attachment 1) requesting that consideration be given to two matters that impact effective decision making at Board meetings.

Firstly in order to ensure that the Council can be fully represented at BMEE Board meetings when one or both the nominated Council Board member are unavailable, the request is for alternate Board representatives to be nominated for each of the Council Board members.

Secondly, so as to ensure that decisions of the BMEE Board are valid, that the Council take the required action to amend the BMEE constitution, to change the quorum provisions. The current provisions require the attendance of both Council Directors at Board meetings. The BMEE Board has requested that the quorum arrangement change so that only one Council Director need be in attendance.

Report The first request is reasonable and does not require a change to the constitution. The change ensures that the Council is more likely to have full representation at Board meetings in the absence of one or both of the current Council Board members for any reason. The recommendation to this report is for the council to nominate an alternative Director and the General Manager will also nominate an alternative from the Executive Leadership Team.

The second request to change the quorum at a meeting is to ensure that as far as is possible that decisions of the Board are valid if only one Council Director is present. Currently both the Council Directors need to be present. It is considered that this requirement is onerous and not conducive to effectively run the business.

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To change the quorum provisions requires an amendment to the Constitution. It is recommended that the existing clause 11.13(b) be deleted and the following clause be inserted. “(b) A quorum of directors shall be:

(1) if there are five directors or less, three directors, at least one of whom must be a director referred to in rule 11.2(a) or rule 11.2(b) or his or her alternate director;

(2) if there are more than five directors, four directors, at least one of whom must be a director referred to in rule 11.2(a) or rule 11.2(b) or his or her alternate director.”

For the constitution to be changed it will require the Council to resolve to do so and delegate to the General Manager the authority to sign a Minute of Resolution confirming the Councils decision.

Conclusions It is considered that both the requests by the Board of BMEE are reasonable and make the functioning of the Board more effective and efficient and minimise the potential for Board decisions to have no effect due to lack of a quorum and also ensures that the Council nominated Board members have back up alternatives.

ATTACHMENTS/ENCLOSURES

1 Letter from BMEE dated 17 February 2014 15/42052 Attachment

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Attachment 1 - Letter from BMEE dated 17 February 2014

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OFFICERS REPORTS

PROVIDING GOOD GOVERNMENT Item 4, Ordinary Meeting, 24.03.15

ITEM NO: 4

SUBJECT: PERFORMANCE OF INVESTED MONIES FOR FEBRUARY 2015

FILE NO: F09162 - 15/35813

Delivery Program Link Principal Activity: Civic Leadership Service: Finance Management

Recommendations:

1. That the Council receives the report on the performance of invested monies for February 2015; and

2. That the Council notes the certificate of the Responsible Accounting Officer.

Report by Group Manager, Integrated Planning & Finance:

Reason for report This report on the performance of invested monies for the month of February 2015 is submitted for the purpose of financial accountability and to satisfy the investment reporting requirements of the Local Government (General) Regulation 2005 (clause 212), the Local Government Act 1993 (Section 625) and the BMCC Investment Policy.

The report certifies that the Council investments comply with the forms of investment made by order of the Minister under section 625(2) of the Local Government Act 1993. The current Ministerial Order was issued under the Council Circular 11-01 on 17 February 2011.

Council Investment Portfolio Analysis The Council’s investment strategy is to invest in Authorised Deposit taking Institution (ADI’s) term deposits with the four major banks and their subsidiaries, including St George which is part of the Westpac Group and Bankwest which is part of the Commonwealth Bank of Australia Group. A maximum of 45% of the investment portfolio is invested with any individual bank. The interest returns from these conservative term deposit investments are currently at relatively low interest rates. This investment strategy will continue to be applied to the Council’s short to medium term investments and therefore the interest returns will be lower than the returns in previous years.

The Schedule of the Council Invested Monies for February 2015 is provided at Table 1. Funds held in investments have increased by $2.2 million from the previous month due to a seasonal inflow of cash. Cash inflows were at a peak due to the receipt of 3rd Quarter rate instalments due on 28 February 2015 and payment of a Financial Assistance Grant instalment.

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(Table 1) SCHEDULE OF INVESTED MONEY - FEBRUARY 2015 Institution & Fund Maturity Original Current Rate Funds Held - Funds Held Change Comment Date Rating Rating Valuations -Valuations Fr om Previous Previous Month Month At Call & Term Deposits:- NAB Professional Funds at call n/a n/a 2.45% 3,271,502 70,413 3,201,088 Cashflow transfers ANZ Bank 12/03/2015 A-1+ A-1+ 3.63% 4,000,000 4,000,000 0 No movement ANZ Bank 16/04/2015 A-1+ A-1+ 3.64% 3,000,000 3,000,000 0 No movement ANZ Bank 14/05/2015 A-1+ A-1+ 3.71% 1,000,000 1,000,000 0 No movement ANZ Bank 21/05/2015 A-1+ A-1+ 3.67% 3,000,000 3,000,000 0 No movement ANZ Bank 5/06/2015 A-1+ A-1+ 3.59% 2,500,000 2,500,000 0 No movement Commonwealth 12/08/2015 A-1+ A-1+ 3.18% 2,000,000 0 2,000,000 New investment National Aust. Bank 8/07/2015 A-1+ A-1+ 3.50% 3,000,000 3,000,000 0 No movement National Aust. Bank 7/04/2015 A-1+ A-1+ 3.50% 1,500,000 1,500,000 0 No movement National Aust. Bank 11/06/2015 A-1+ A-1+ 3.50% 1,500,000 1,500,000 0 No movement Westpac 11/02/2015 A-1+ A-1+ 3.55% 0 3,000,000 -3,000,000 Withdrawal Westpac 10/03/2015 A-1+ A-1+ 3.62% 2,000,000 2,000,000 0 No movement Westpac 11/03/2015 A-1+ A-1+ 3.62% 4,000,000 4,000,000 0 No movement Macquarie Cash Mngt. at call AAA A-1 2.50% 58,214 48,003 10,211 Interest & coupon re- invested Bank Notes, CDO & FRN:- 0 Aphex (Glenelg) AA- CCC- 4.76% 3,607 3,607 0 Valuation June 2013 Lehman CPPI AA- D 0.00% 0 0 0 Valuation zero due to Collateral Body MAS6-7(Parkes) AAA CCC- 4.67% 78 78 0 Valuation June 2013 Totals 30,833,401 28,622,101 2,211,299

Notes: The bank notes, CDO's & Fixed Rate Notes (representing 0.01% of total investments) are at risk of default and have been valued accordingly.

Balances as at 27 February 2015.

Interest Income Interest income is projected to be under budget for 2014/15. This is due to term deposit interest rates being lower than expected. Prior to considering a budget variation in Q3, every effort will be made to identify savings or additional income to offset this budget deficit. Interest income for 2014/15 is forecast to be approximately $1.1 million, which is $250,000 less than the 2014/15 Budget and $100,000 less than the previous year. Investment returns are above the current 90 day Bank Bill Swap Rate (BBSW) albeit less than budgeted. The BBSW is the benchmark rate for market interest rates. Interest returns are summarised in Table 2.

(Table 2) Interest Income Accrued - Budget vs. Actual Actual YTD Budget Variation Income to 28 February 2015 739,065 908,724 -169,659 Estimated for remainder of year 374,021 454,362 -80,341

Total for 2014/2015 1,113,086 1,363,086 -250,000

90 Day Bank Bill Swap Rate 2.70% Average Term Deposit Rate of Return for February 2015 3.57%

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Table 3 provides a breakdown of the Council’s investment portfolio by investment category. Nearly 90% of the Council’s investments are held in term deposits with the four major banks.

(Table 3) Investment Categories Cash at Call 10.80% Term Deposits 89.19% Collateralised Debt Obligations 0.01%

Chart 2 provides a summary of the Council’s investment portfolio by financial institution. 44% of all investments are with ANZ bank, which has been consistently offering the highest term deposit rates in recent times.

Chart 3 provides a comparison of the Council’s investment balances compared with previous years. The investment balance at 28 February 2015 is $2.5 million lower than the same time last year as was expected per the Council’s cash flow projection for 2014/15. The reduction relates to funds consumed in the delivery of the Council’s 2014/15 Asset Works Program.

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Chart 3 Investment Balances 2012/13 to 2014/15 40

35 Millions 30

25

20

15

10 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun

Month 2012/13 2013/14 2014/15

Council’s Loan Position The Council’s Loan Balance Outstanding as at 30 June 2014 was $58.7 million, mainly incurred to fund major infrastructure critical to the ongoing vitality and sustainability of the City e.g. Waste and Resource Recovery facilities at Katoomba and Blaxland, Katoomba Library and Cultural Centre, Lawson Town Centre relocation, Blue Mountains Theatre and Community Hub in Springwood as well as funding the City’s road renewal program.

It is anticipated that at the end of June 2015 the loan balance will be $57.8 million, as a result of loan principal repayments, approved debt reduction and new borrowings that will occur for the year 2014/15.

Importantly, the Council is slightly ahead of its target to reduce debt due to the implementation of the Council’s Six Strategies for Financial Sustainability Strategy 3 – Manage Borrowings Responsibly (refer Graph below on Council’s Total Borrowings Outstanding). This is largely due to the Council resolution at the 2013/14 Quarter 3 Budget Review Report to allocate $700,000 surplus operating funds to reduce debt.

A report will be submitted in April 2015 for the Council to consider other potential opportunities for reducing debt further.

Table 3 provides a summary of the Council’s current loan position. Table 3 Loan Position Loan Debt Balance as at 30 June 2014 58,690,472 Principal repaid to 30 June 2015 -2,444,129

56,246,343 Proposed borrowings in accordance with Council's adopted 6 Point Financial Strategy: 2014/2015 Operational Plan borrowings 4,579,000 Less reserve funds allocated to debt reduction -700,000 Less Principal Repayments for Remainder of 2014/2015 -2,342,871 Balance as at 30 June 2015 57,782,472

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Council on track with Long Term Strategy to Manage Borrowings Responsibly Although the Council’s Debt Service Ratio is within the Office of Local Government’s acceptable benchmark level and reduces from 9.8% in 2015/16 to 4.2% by 2023/24, the Council has committed to a long term financial plan (LTFP), Strategy 3 – Manage Borrowings Responsibly to reduce its debt position by: • ceasing the practice of borrowing $2.3 million per annum to fund non-major asset renewal works; • ceasing new loan borrowings unless: o the cost of the debt is funded from sufficient income or cost saving generated by the project; o financially responsible and effective subsidised loan funding is available (e.g. NSW Government LIRS funding); o any proposed new borrowing is supported by a comprehensive business case; or o the borrowing relates to deferred asset works carried forward from a prior period as resolved by the Council. • annual reviews of the Council’s borrowing capacity; • reviewing and refinancing existing loan interest rate terms and conditions; • retiring/reducing debt by managing cash and cash equivalent reserve funds; and • directing any surplus cash funds to reducing borrowings wherever it is effective to do so.

The Council implemented Strategy 3 since the LTFP identified that: • the Council had reached its capacity to incur and importantly repay debt, that is, our operating revenue is insufficient to support any further loan interest and principal repayments (Debt Service Ratio at 9.8% in 2015/16 against the 10% ceiling); • the special variation for renewal of infrastructure in June 2013 replaced the previous program of annually borrowing $2.3 million to fund asset maintenance and renewal works; and • the reduction of debt will provide more capital funding in the long run, than would be available if we continued to borrow for renewals and then have to fund the significantly more costly debt service cost;

Implementing this Strategy 3 is fiscally responsible, and sees the Council’s Loan Balance Outstanding as at 30 June 2014 reduce from $58.7 million to $16.8 million by 2024/25 as per the Council’s LTFP (see the Total Borrowings Outstanding graph below which highlights the progressive reduction in debt). This allows the Council to further strengthen its financial capabilities and ensure it addresses its significant financial and asset management challenges.

Targeted Total Borrowings Outstanding per LTFP 70,000,000

60,000,000 Council performance better than debt reduction target with 2014/15 debt now projected at $57.8M versus previous $58.6M

50,000,000

40,000,000

30,000,000

20,000,000

10,000,000

0 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 2021/22 2022/23 2023/24 2024/25

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In the short to medium term at least, borrowings are not a viable funding source. However the appropriateness of loan borrowings as a source of funding is reviewed annually and it may well be appropriate in the longer term, when the Council’s debt levels have been reduced and the Council’s financial sustainability strengthened, to again increase borrowings if required by the City.

Sustainability Assessment: Effects Positive Negative Environmental Nil Nil Social Nil Nil Economic Nil Nil Governance Nil Nil

Financial implications for the Council The adoption of the report recommendations has no immediate impact on the financial position of the Council, but the report does fulfil the Council’s financial reporting requirements. The revenue performance and security (risk management) of the investment portfolio can have a significant bearing on the Council’s current budgeting processes and long term financial planning.

The Council manages all its investments in compliance with the Ministerial Investment Order, Local Government legislation and the Council’s Investment Policy. The principal objective is the preservation of capital, liquidity and the return on investment with consideration given to prudent investment principles.

Legal and risk management issues for the Council There are no legal or risk management issues or any operational or commercial risks associated with the adoption of the report recommendations.

Council has a prudent and conservative strategy to invest in term deposits with the four major banks and their subsidiaries, including St George which is part of the Westpac Group and Bankwest which is part of Commonwealth Bank of Australia Group. Council has assessed future projections of term deposit interest rates and expects interest income to be lower in the short to medium term compared to previous years. Council’s investment strategy and long term financial plan are set to manage the risk of reduced investment returns.

External consultation Nil.

Conclusion The Schedule of Invested Monies Report for February 2015 is submitted to comply with the Local Government (General) Regulation 2005 (clause 212) and the Local Government Act 1993 (Section 625).

Significantly, the Council has a healthy balance of $30.8 million in investments which underpins and supports the Council’s financial sustainability. Any assessment of the Council’s debt position needs to take this into consideration. Council’s $30.8 million investments, as at February 2015, are placed in term deposits and at call accounts with the four major banks and these investments earn the Council over $1.0 million per annum that forms part of Council’s income. The majority of these investment funds are restricted for special purposes to support known future expenditure and cover identified risks.

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The Council’s loan balance is projected at $57.8 million as at 30 June 2015, which is slightly ahead of the target to reduce debt under the Council’s long term financial plan - Six Strategies for Financial Sustainability.

Certification of the Responsible Accounting Officer I hereby certify that the investments listed in the report have been made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government (General) Regulation 2005 and Council’s Investments Policy.

Neil Farquharson

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ITEM NO: 5

SUBJECT: 2015 NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT - CALL FOR MOTIONS AND DELEGATES

FILE NO: F09162 - 15/34372

Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk

Recommendations:

1. That the Council submits motions in response to the Reform of the Federation White Paper for: a. Issues Paper 1 - A Federation for Our Future, addressing the Reform of the Federation; b. Issues Paper 2 – Roles and Responsibilities in Housing and Homelessness; and c. Issues Paper 5 – COAG and Federal Financial Relations, addressing Federal Assistance Grants, for inclusion in the 2015 National General Assembly of Local Government Conference Business Paper; and

2. That the Council nominates one voting Councillor delegate to attend the Conference and any observer Councillors for the Conference held in Canberra between 14 and 17 June 2015.

Report by Group Manager, People and Systems:

Reason for report The National General Assembly of Local Government (NGA) Conference 2015 will be held in Canberra between the 14 and 17 June 2015, this business paper is to nominate one voting delegate and any observers to attend the conference.

Background This is an annual conference that is usually attended by the Mayor. The NGA Conference attracts more than 800 Mayors, Councillors and Senior Officers from Councils across Australia. The conference has run for the last 21 years.

The Council’s involvement in the NGA is important in assisting the Australian Local Government Association (ALGA) to maintain the federal government engagement with local government and to drive improved outcomes for the local government sector at the national level.

Motions The theme for this year’s NGA is ‘Closest to the Community: Local Government in the Federation’ as the Australian Government is currently working with all state and territory governments and the Australian Local Government Association (ALGA) to develop White Papers on reform of the Federation and Taxation.

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The NGA program will cover a wide range of issues, reflecting the diversity and interests of local government.

To be eligible for inclusion in the NGA business papers the motions must within one of the below principles: • Fall under the NGA Theme – ‘Closest to the Community: Local Government in the Federation’ • Be relevant to the work of local government nationally; • Complement or build on the policy objectives of state and territory local government associations; • Propose a clear action and outcome; and • Not be advanced on behalf of external third parties who may seek to use NGA to apply pressure to Board members, to gain national political exposure for politicians that are not directly relevant to the work of, or in the national interests of local government.

Further to the aforementioned, all motions require a clear national objective, a summary of the key arguments in support of the motion and the endorsement of the Council.

The information for the submission of motions and the discussion paper on ‘Closest to the Community: Local Government and Federation’ is provided at Attachment 1. Further information can be accessed via the NGA website links: https://federation.dpmc.gov.au; and https://federation.dpmc.gov.au/issues-papers.

The Council is required to resolve any motions for the Conference Business Paper and forward these by 12pm Friday 17 April 2015 to the Organising Committee.

If the Council determines not to lodge a motion to the agenda of the 2014 NGA Conference, delegates may still actively participate and contribute to discussions on the key issues as identified in the discussion paper.

Motions for submission to the Organising Committee for inclusion in the 2015 Conference Business Paper will be developed in consultation with the Councillors through Councillor briefing session, in response to the following White Papers: • Issues Paper 1 - A Federation for Our Future, addressing the Reform of the Federation; • Issues Paper 2 – Roles and Responsibilities in Housing and Homelessness; and • Issues Paper 5 – COAG and Federal Financial Relations, addressing Federal Assistance Grants.

Voting Delegates and Observers Although the NGA does not need to be notified of the voting delegate prior to the conference the Council should resolve on the voting delegate as well as any observer Councillors who will attend this event.

Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social Maintains the engagement of local government to drive Nil improved outcomes for the local government sector at the national level. Economic Provides an opportunity for local government to debate Nil issues and reform options ahead of the White Paper on Taxation.

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Effects Positive Negative Governance Provides an opportunity for local government to debate Nil issues and reform options ahead of the White Paper on Federation and allows for input and influence to policy agendas and a range of issues relevant to local government.

Financial Implications for the Council The costs incurred by delegates attending the conference have been factored into the Council’s budget at an estimated $2,700 per delegate.

Legal and risk management issues for the Council There are no legal or risk management issues for the Council.

External consultation No external consultation is required.

Conclusion That the Council resolves to submit motions addressing the Reform of the Federation, Roles and Responsibilities in Housing and Homelessness and Federal Financial Relations, for the 2015 National General Assembly (NGA) Conference to be submitted within the themes of ‘Closest to the Community: Local Government and Federation’ by 12pm Friday 17 April 2015. Furthermore, that the Council resolves on the voting delegate and any observer Councillors to attend the conference to be held 14 and 17 June 2015 in Canberra.

ATTACHMENTS/ENCLOSURES

1 2015 National General Assembly of Local Government - 15/34521 Attachment Call of Motions

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Attachment 1 - 2015 National General Assembly of Local Government - Call of Motions

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ITEM NO: 6

SUBJECT: REVIEW OF PRIVACY MANAGEMENT PLAN

FILE NO: F09162 - 15/36954

Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk

Recommendations:

1. That the Council endorses the draft Privacy Management Plan to be placed on public exhibition for 28 days, with a public submission period of a total 42 days; and

2. That the Council receives a further report on the completion of the public exhibition period and consolidation of submissions received.

Report by Group Manager, People and Systems:

Reason for report In accordance with Council policy, the Privacy Management Plan has come under periodic review. These changes have been made with particular reference to the Privacy and Personal Information Protection Act 1998 (NSW) and the Health Records and Information Privacy Act 2002 (NSW).

This report describes the background of and changes to the attached draft Privacy Management Plan.

Background The existing version was approved by Council resolution on at the Ordinary Meeting of the Council held on 23 April 2013, it was resolved:

1. That the Council notes the release of the Division of Local Government (DLG) revised Model Privacy Management Plan for Local Government;

2. That the Council adopts the Draft Privacy Management Plan 2013 based on the DLG’s revised Model Privacy Management Plan; and

3. That the Council submit the adopted Privacy Management Plan 2013 to the NSW Privacy Commissioner. [Minute No. 144]

Extensive changes have been made to the Privacy Management Plan. It is therefore more helpful to understand the draft policy as a new document, rather than referring to changes since the previous version.

Although the existing Privacy Management Plan 2013 was based closely on the wording of the Revised Model Privacy Management Plan for Local Government released by the DLG in January 2013, at 62 pages it is too lengthy to be a practical and effective resource for staff, Councillors, contractors and external bodies to follow and retain.

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The new version has been designed to achieve the following: 1. Streamline the document and make it more understandable; 2. Clarify the role of all stakeholders with respect to privacy in their respective roles; 3. To act as a clearer resource for all staff to use; and 4. To be a resource for members of the public to help understand their rights with respect to the protection of their personal information held by Council.

The goal of reducing the overall size of the Privacy Management Plan 2015 was a primary consideration in preparing this revision. The Privacy Management Plan adopted by the City of Sydney Council was assessed as being a brief and effective guide and has been borrowed from in the course of this revision. Other governmental organisations’ Privacy Management Plans and the IPC’s checklist for Privacy Management Plans were used as reference tools. Members of the compliance team have also been consulted on this draft and have provided comments.

It is intended that this Privacy Management Plan will be able to be used as a succinct resource for training new and existing staff in privacy matters.

Privacy Project Rollout The adoption of the draft Privacy Management Plan 2015 is the first step in the strategic rollout of fresh privacy training and privacy process auditing. The timing of the public submission period for the draft Privacy Management Plan will coincide in part with Privacy Awareness Week (3-9 May 2015), and we will be inviting staff to also provide their submissions on the Privacy Management Plan. This will ensure that the best possible document is adopted, and will also to encourage staff discourse and greater awareness about privacy matters. The renewed Privacy Management Plan will then become the key reference tool for a staff privacy training program to be rolled out subsequent to the adoption of the Plan.

Key prospective dates for the Privacy Project is as follows:

Milestone Date Council meeting for endorsement of PMP to go to public exhibition 24 March 2015 Commence Public exhibition and submission period (42 days to end 25 March 2015 of submission) Privacy Awareness Week 3-9 May 2015 Final date for public submissions 6 May 2015 Council meeting to receive report on submissions (if any) and 19 May 2015 approve final draft of PMP Adopted PMP to be communicated to the IPC 20 May 2015

Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social Enables members of the public to better Nil understand their rights with respect to privacy and the protection of their personal information. Economic Nil Nil

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Effects Positive Negative Governance Amends and clarifies the guiding policy Nil document for Council on its responsibilities regarding privacy and the processes for dealing with privacy complaints. Will assist staff in understanding their obligations with respect to privacy and act as a succinct training tool.

Financial implications for the Council There are no financial implications for Council.

Legal and risk management issues for the Council There are no known legal and risk management issues for Council.

External consultation External consultation is not required. The public submission period shall be from 42 days from the 24 March 2015.

Conclusion That the draft Privacy Management Plan be placed on public exhibition for 28 days, with a public submission period of a total 42 days. The Council will receive a further report on the completion of the public exhibition period and consolidation of submissions received.

ATTACHMENTS/ENCLOSURES

1 DRAFT Privacy Management Plan 2015 15/44291 Attachment

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Attachment 1 - DRAFT Privacy Management Plan 2015

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ITEM NO: 7

SUBJECT: BLUE MOUNTAINS CITY COUNCIL'S SUPPORT TO COMMUNITIES IMPACTED BY SOUTH AUSTRALIAN FIRES IN JANUARY 2015

FILE NO: F08562 - 15/20538

Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk

Recommendation:

That the Council notes the findings within this report into the mechanisms for Council to fund a donation to Sampson Flat Bushfire Relief Appeal to support communities impacted by fires in South Australia in January 2015.

Report by Group Manager, People and Systems:

Reason for report At the Ordinary meeting of the Council, 27 January 2015, it was resolved:

‘That the Council receives a report on the appropriate amount and mechanism by which a donation may be made from Council funds to support communities impacted by fires in South Australia in January 2015.’ [Minute No. 29] This report is written in response to the resolution stated above.

Background The January 2015 Sampson Flat bushfires were a series of bushfires in Australia in the state of South Australia, that primarily effected the Adelaide Hills and the outer Adelaide metropolitan area. The fires began on 2 January 2015 during a day of extreme heat and lasted until 9 January 2015.

At least 26 houses were destroyed leaving 37 families living in temporary accommodation. The town of Kersbrook was worst affected, with twelve houses destroyed. There were no fatalities as a result of the bushfires; however, the total cost was estimated to be more than $13 million.

The establishment of the Sampson Flat Bushfire Relief Appeal Representatives of the Adelaide Hills Council and the South Australian state government have combined to establish the Sampson Flat Local Recovery Committee to help coordinate recovery from the bushfire. Part of the recovery process is to distribute funding received for the assistance of the community in its recovery efforts. For this reason the Sampson Flat Bushfire Appeal was founded.

Money received is distributed through the State Emergency Relief Fund Committee, which includes community members and representatives from a number of state government departments, and has an independent chair. The committee seeks community advice before the funds are allocated and consider a number of factors when allocating any funds.

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The funds that are donated to the Sampson Flat Bushfire Appeal are allocated to those in the community that have been directly affected by the bushfires.

Donations may be deposited directly into the South Australian State Emergency Relief Fund which has been set up for the purposes of relief appeal and donations, outlining that the funds are a contribution to the Sampson Flat Bushfire Relief Appeal.

Mechanisms by which the Council may make a donation The Council may financially assist others under section 356(1) of the Local Government Act. The donation of Council funds to a third party in such a circumstance, being a charity fund in South Australia, is not permissible section 356(1) of the Local Government Act, which stipulates that the financial assistance to persons be for the purpose of exercising Council functions.

(1) A council may, in accordance with a resolution of the council, contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions.

A donation to the Sampson Flat Bushfire Relief Appeal would not align with the provisions of the Local Government Act as the Council does not have an established donations program, would provide financial assistance to a community outside of the Blue Mountains Local Government Area and does not provide direct benefit to the City of the Blue Mountains. Furthermore, it is not financially or legally viable for the Council to establish and maintain a donation program under section 356(1) of the Local Government Act that applies uniformly to all persons within the Council’s area or to a significant group of persons within the area.

Councillors may apply through the Councillor Community Assistance Donations (Minor Local Projects) program to provide funds towards this cause, as per the criteria which outlines that Councillors may donate funds, to the value of $500, to charitable and not-for-profit community organisations. Such a donation will be pending resolution of the Council.

Alternatively, the Councillors, as members of the Blue Mountains community, may make personal donations to the Sampson Flat Bushfire Appeal.

The Blue Mountains Mayoral Relief Fund received donations from other councils following its establishment in 2013. It is understood that these donations were collected from staff and public donations or via an established policy to provide financial assistance or emergency relief which includes a budget allocation of that council. This Council would be required to call for a further report to explore the establishment of such a policy or framework.

Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social Explores the options for support and goodwill to an Nil Australian community that has suffered losses due to a significant natural disaster. Economic Nil Nil Governance Ensures good governance processes in relation to Nil the management of Council funds and support to charities outside of the local government area.

Financial implications for the Council Council funds to support this activity have not been included in the 2014/15 operating budget.

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Legal and risk management issues for the Council There are no legal and risk management issues for the Council.

External consultation No external consultation is required.

Conclusion That the Council notes that there is no viable mechanism for the Council to provide funds in the form of a donation to the community affected by the Sampson Flat Bushfire. However, Councillors may make personal donations or Councillors may apply through the Councillor Community Assistance Donations (Minor Local Projects) program to provide funds to the Sampson Flat Bushfire Appeal, to assist the bushfire affected communities in the recovery process.

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ITEM NO: 8

SUBJECT: COUNCILLOR ATTENDANCE AT BRIEFING SESSIONS ANNUAL REPORT

FILE NO: F09162 - 15/36958

Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk

Recommendation:

That the Council notes the attendance of Councillors at briefing sessions during the period 23 January 2014 to 16 December 2014 as tabled in the report below.

Report by Group Manager, People & Systems:

Reason for report At the Ordinary Meeting of the Council on 25 June 2013, it was resolved in part:

“2. That with Council moving to a monthly meeting cycle the attendance at all briefing sessions is recorded and reported in the subsequent Business Paper of the Ordinary Meeting;” [Minute No. 249]

Subsequently, at the Ordinary Meeting of the Council on 17 September 2013, it was resolved:

“That the Council notes the attendance at briefing sessions for the period listed below and that attendance at further briefings sessions be reported annually.”

[Minute No. 371]

This report details the attendance of Councillors as an annual report for the calendar year of 2014.

Councillor briefing session attendance During the period from 23 January 2014 to 16 December 2014 there were a total of 37 Councillor Briefings, Special Briefings and Best Value Advisory Group Meetings held. Of these sessions an extra six sessions were held to discuss issues arising, including the Draft Standard Instrument Local Environmental Plan (DLEP).

Newly Elected Councillors On 25 August 2015, former Councillors Robert Stock and Geordie Williamson tended their resignations for Ward 1 and Ward 2 respectively and are therefore not included in this report. Following a by-election, which was held on 15 November 2014, Councillor Sarah Shrubb was elected to Ward 1 and Councillor Annette Bennett was elected to Ward 2. The equivalent number of sessions held during the period in office for Councillors Shrubb and Bennett equates to 3 sessions.

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The following table indicates attendance at Briefing and Strategic Sessions as either: • Attended; • Apology; • Absent; or • On Council business.

Councillor Attended Apology Absent On Council Total number Business of sessions Begg, Michael 27 10 37 Bennett, Annett 2 1 3* Christie, Brendan 24 13 37 Fell, Mick 31 6 37 Greenhill, Mark 32 3 2 37 Hollywood, Romola 34 3 37 Luchetti, Brendan 30 7 37 McGregor, Don 34 3 37 Myles, Daniel 34 3 37 Shrubb, Sarah 3 3* Van der Kley, Chris 35 2 37 Von Schulenburg, Anton 37 37

*Equivalent for period as elected representative

Conclusion That the Council notes the attendance of Councillors at Briefing and Strategic Sessions held for the 2014 calendar year, between 23 January 2014 to 16 December 2014, as listed in the table within the report.

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ITEM NO: 9

SUBJECT: GREATER SYDNEY COMMISSION

FILE NO: F01902 - 15/42108

Delivery Program Link Principal Activity: Civic Leadership Service: City-Wide Strategic Planning

Recommendations:

1. That the Council notes the contents of this report; and

2. That the Council delegates to the General Manager the approval of a submission to both Local Governement NSW and Department of Planning & Environment (DP&E) regarding the establishment of the Greater Sydney Commission.

Report by Director City & Community Outcomes:

Reason for report This report provides an overview of the planned Greater Sydney Commission and makes recommendations for the future and ongoing engagement of the Council.

Background The Greater Sydney Commission (GSC), announced last year, has been tasked with implementing the recently released Metropolitan Plan for Sydney, called A Plan for Growing Sydney. As part of this, it will oversight the development of six sub-regional plans.

A GSC represents a significant change to governance structures around plan making and infrastructure delivery in Sydney.

As the final GSC will require new legislation to guide its role, powers and responsibilities, it will be unlikely to be set up until at least mid-2015. An interim Ministerial Advisory Council (MAC), the forerunner of the GSC, is currently under development. It will be supported by six Local Government Advisory Committees - one per sub-region, upon which each council in the sub-region will be represented. The MAC is to be established in the near future to commence work on the delivery of the Plan. It is understood that the membership of the MAC will include independent, state agency and Local Government representation.

The Department of Planning and Environment states that “the Commission will bring together 41 local government areas in to six subregions and assist them in: • identifying places for housing and jobs which are close to transport and services; • identifying new and improved services, such as public transport, that will be essential as communities grow; • improving local environments and open spaces; and • creating well-designed neighbourhoods and suburbs.”

With:

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“The Government’s vision for Sydney is: a strong global city, a great place to live. To achieve this vision, the Government has set down goals that Sydney will be: • a competitive economy with world-class services and transport; • a city of housing choice with homes that meet our needs and lifestyles; • a great place to live with communities that are strong, healthy and well connected; and • a sustainable and resilient city that protects the natural environment and has a balanced approach to the use of land and resources.”

Consultation Process The Department of Planning and Environment has begun a conversation with Local Government and State Agencies around the concept and operation of the GSC. A number of briefing sessions have already been held, including: • A Mayor’s Roundtable, chaired by the Minister for Planning, Hon Pru Goward, on 27 January 2015, to brief and seek feedback from Mayors and GMs on the development of the GSC; and • A series of six Briefing Sessions with council staff and staff of state agencies – split across the six sub-regions.

The Department is interested in further feedback from local government on the GSC and importantly, how local councils can partner with the State Government.

Call for feedback from Local Government NSW LGNSW will be providing a submission to government regarding the GSC and has requested Council comments and identification of issues.

The Department of Planning & Environment has provided some preliminary questions, at its briefing sessions, to facilitate discussion and has indicated it would welcome further input on these. The questions are: • How do we best incorporate sub-regional perspectives and Local Government expertise through membership of the Greater Sydney Commission? • How could the GSC effectively collaborate with sub-regions and individual councils within sub-regions? • Which immediate priorities should the GSC focus on? • How could the GSC work with communities across Sydney as they plan for the future of Sydney? • What opportunities are there for the GSC to contribute to infrastructure coordination?

Additional issues that LGNSW have encouraged Council to address include the following: • Should the sub-regional plan be a land use plan, a delivery plan, or both? • Which agency (ies) should be responsible for delivering the plan? • How should it be ‘signed off’ and by whom? • What should councils' role be in this process? • What mechanism(s) would ensure essential infrastructure is actually delivered by State agencies when required? • Should councils' Community Strategic Plans be used to support implementing the sub- regional plan? • How should the actions in A Plan for Growing Sydney be prioritised and implemented? • What should the role and powers of the Local Government Advisory Committees be? • What should the process be in resolving competing objectives and interests between councils within regions? • Should councils be able to object to aspects of a draft sub-regional plan before it goes before the GSC? • How should councils that neighbour the stated sub-regions be involved?

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Blue Mountains Perspective In-principle the initiative to create the GSC is a positive step to improve planning governance for the Sydney metropolitan area. It is an opportunity to establish a body that could assist in both (1) the coordination of state government activity in the planning and management of Sydney and (2) potentially may provide a forum for discussion and resolution of tensions that can occur between local and metropolitan/regional perspectives on the management of growth. The GSC has the potential to improve local community participation, and greater weight being given to local considerations, when deciding on strategy and priorities for the metropolitan area. However, at this time it is difficult to provide detailed comment as the framework set out, including governance arrangements, remain ambiguous.

In regards to questions raised by DP&E and LGNSW the following table outlines comments that are proposed to be raised in the submission.

DP&E / LGNSW Question Comment How do we best incorporate sub- Local government input (as indirect representation of regional perspectives and Local communities) into the GSC will be a critical element Government expertise through for the successful resolution of planning challenges membership of the Greater Sydney for Sydney. Commission? Sub-regional groupings of Councils would provide an opportunity for achieving improved coordination between local and state government implementation of the metropolitan plan. For sub-regional input to be effective, funding for regional groupings of Councils to undertake sub- regional strategic planning work and consultation would be an important part in achieving effective participation. A sub-regional advisory structure for the GSC, including local government would be supported. This sub-regional grouping should also drive the preparation of sub-regional plan preparation process. How could the GSC effectively The issue of the role and function of the GSC would collaborate with sub-regions and need to be further clarified. individual councils within sub- The GSC should have a clear role in providing a hub regions? for knowledge and information about community priorities and needs from across Sydney. The model for the GSC should address how representation from across the Sydney metropolitan area is achieved. Indirect representation by local government representatives in one model that should be considered. Indirect representation should not be a substitute for GSC running effective communication and consultation activities to get involvement directly from the community and stakeholders. This communication and consultation should be a feature of any role for the GSC. The GSC should be funded to allocate additional state government funds to local government aimed at delivering key metropolitan priorities, best implemented at the local level (i.e. open space and facilities). This form of active collaboration should be

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focused on delivery of projects.

Which immediate priorities should Priorities for the Blue Mountains will be identified the GSC focus on? based on the community strategic plan. However, an issue that will be addressed will include financial contribution from across Sydney residents and businesses for open space, recreation and natural areas management in the Blue Mountains that are an important green area for the whole of Sydney. How could the GSC work with Effective communication and consultation will be communities across Sydney as they essential. Engagement of the wider community in plan for the future of Sydney? strategic decision making at the metropolitan level and priorities is difficult and previous efforts for input into metropolitan plan preparation have not developed a community consensus on how the manage the growth and direction of Sydney. The introduction of public exhibition, formal consultation requirements and also opportunities for public hearings and review of responses to metropolitan and sub-regional plans should be developed as a key part of involvement of the community and local government in major metropolitan planning decisions. What opportunities are there for Coordination of planning between land use, transport the GSC to contribute to and service provision at the state level are important infrastructure coordination? areas for the GSC – considering metropolitan plan implementation. Coordination between regional/metropolitan and local infrastructure provision (and funding of regional priority projects) will be an important role. State agency proposals at the metropolitan level for infrastructure should be considered by the GSC and public involvement and review of options should be undertaken prior to advice to State Government.

A submission will be prepared and forwarded to LGNSW and DP&E based on further development of the above discussion.

Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social Nil Nil Economic Nil Nil Governance Improved governance could result at the metropolitan Nil level from the introduction of the GSC.

Financial implications for the Council There are no financial implications for the Council in adopting the recommendations in this report.

Legal and risk management issues for the Council There are no legal implications for the Council in adopting the recommendations in this report.

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External consultation No external consultation has been undertaken in the development of this report

Conclusion In conclusion, a submission will be prepared and forwarded to LGNSW and DP&E regarding the approach to local government participation in the proposed Greater Sydney Commission.

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ITEM NO: 10

SUBJECT: COMMUNITY ASSISTANCE DONATIONS/RECOMMENDATION BY COUNCILLOR

FILE NO: F09162 - 15/44551

Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk

Recommendations:

That the Council endorses the following community assistance donations from the Mayoral and Councillor funds:

Organisation Amount Blue Mountains Women’s Health & Resource $400.00 Centre Mountains Outreach Community Services $400.00 Springwood Foundation Day $200.00

Report by Group Manager, People and Systems:

Reason for report On 11 July 2000 the Council adopted a revised Policy for Councillors’ Minor Local Projects allocations for the provision of community assistance/donations. The following recommendations for donation, which fall within the ambit of the Policy, have been received and are submitted for approval to the Council meeting.

Minor Local Projects

Recommending Organisation Purpose Amount Councillor To assist with the cost of Blue Mountains Health & Clr McGregor staging the exhibition $200.00 Resource Centre ‘Through Women’s Eyes’ To assist with the cost of Blue Mountains Health & Clr Shrubb staging the exhibition $200.00 Resource Centre ‘Through Women’s Eyes’ Mountains Outreach To assist with the cost of Clr Bennett $50.00 Community Centre Aboriginal Dance group Mountains Outreach To assist with the cost of Clr Begg $50.00 Community Centre Aboriginal Dance group Mountains Outreach To assist with the cost of Clr Luchetti $50.00 Community Centre Aboriginal Dance group Mountains Outreach To assist with the cost of Clr McGregor $50.00 Community Centre Aboriginal Dance group Mountains Outreach To assist with the cost of Clr Fell $50.00 Community Centre Aboriginal Dance group

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Recommending Organisation Purpose Amount Councillor Mountains Outreach To assist with the cost of Clr Greenhill $50.00 Community Centre Aboriginal Dance group Mountains Outreach To assist with the cost of Clr Hollywood $50.00 Community Centre Aboriginal Dance group Mountains Outreach To assist with the cost of Clr Shrubb $50.00 Community Centre Aboriginal Dance group Springwood Foundation To assist with the Clr Luchetti $200.00 Day administration costs

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ITEM NO: 11

SUBJECT: BLUE MOUNTAINS CULTURAL CENTRE AND BLUE MOUNTAINS THEATRE & COMMUNITY HUB SPONSORSHIP POLICY PUBLIC SUBMISSIONS

FILE NO: F07602 - 15/18337

Delivery Program Link Principal Activity: Looking After People Service: Blue Mountains Cultural Centre

Recommendation:

That the Council adopts the Blue Mountains Cultural Centre and Blue Mountains Theatre & Community Hub Sponsorship policy as provided in Attachment 1.

. Report by General Manager:

Reason for report The purpose of the report is to advise the Council of the outcome of the public exhibition and to recommend the Council adopt the Blue Mountains Cultural Centre and Blue Mountains Theatre & Community Hub Sponsorship Policy.

Background The report follows from the Council’s deliberations at the Ordinary Meeting of 27 January 2015, it was resolved:

1. “That the Council endorse the Blue Mountains Cultural Centre & Blue Mountains Theatre & Community Hub Sponsorship Policy for public exhibition for a period of 28 days; and

2. That the Council receive a report on the outcomes of the public exhibition process for the draft policy to the March 2015 Ordinary Meeting of Council”.

[Minute No. 19]

The Blue Mountains Cultural Centre and Blue Mountains Theatre & Community Hub Sponsorship Policy was placed on public exhibition for 28 days from Wednesday 28 January to Wednesday 25 February. A further 2 weeks were provided to receive submissions.

Public exhibition was provided through the Katoomba and Springwood branch libraries, the Blue Mountains Cultural Centre front desk, the Blue Mountains Theatre & Community Hub, the BMCC website, the Blue Mountains Cultural Centre website and Facebook page and the Blue Mountains Cultural Centre e-news. No submissions were received.

Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social Nil Nil Economic Enables sponsorship to offset operational costs. Nil

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Effects Positive Negative Governance Provides a transparent structure for the selection Nil and management of sponsorship agreements.

Financial implications for the Council This policy provides the capacity for the Blue Mountains Cultural Centre and Blue Mountains Theatre & Community Hub to utilise sponsorship to minimize costs of running programs and projects. There are no additional financial implications with the adoption of this policy.

Legal and risk management issues for the Council It is important that the Council has an appropriate governance structure for sponsorship. The policy has been developed taking into account procedures recommended by Independent Commission Against Corruption (ICAC).

External consultation Extensive research on sponsorship procurement policies was undertaken in the development of this policy. Similar policies from Maitland Regional Council, Strathfield Council and Liverpool City Council were referenced.

Conclusion The Blue Mountains Cultural Centre and Blue Mountains Theatre and Community Hub Sponsorship Policy has been developed to assist in achieving sponsorship procurement practices that support building positive relationships with our business community.

The policy document provides guidelines for the Blue Mountains Cultural Centre and Blue Mountains Theatre and Community Hub to secure sponsorship to offset the costs associated with exhibition, performance and program activities. This policy supports and complements existing policies, protocols and procedures and provides a good governance model that follow ICAC guidelines.

ATTACHMENTS/ENCLOSURES

1 Blue Mountains Cultural Centre and Blue Mountains 15/6433 Attachment Theatre & Community Hub Sponsorship Policy

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Attachment 1 - Blue Mountains Cultural Centre and Blue Mountains Theatre & Community Hub Sponsorship Policy

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ITEM NO: 12

SUBJECT: BLUE MOUNTAINS THEATRE AND COMMUNITY HUB OPERATIONAL STRUCTURE AND INITIAL BUDGET

FILE NO: F07602 - 15/33924

Delivery Program Link Principal Activity: Looking After People Service: Blue Mountains Cultural Centre

Recommendation:

That the Council notes the operational structure and forward budget estimate for the inaugural year of operations of the Blue Mountains Theatre and Community Hub.

Report by General Manager:

Reason for report At the Ordinary Council meeting of 11 November 2014 it was recommended that a further report be scheduled to the Council in March 2015, providing further detail of the full year operating costs and projected income for the Blue Mountains Theatre and Community Hub.

The purpose of this report is to notify the Council of budget deliberations and the operational structure that is to be utilised in the first year of operations. This structure has been developed to ensure the facility is operated at maximum efficiency while meeting the many demands of stakeholders in this new community asset for the Blue Mountains.

Background The new Blue Mountains Theatre and Community Hub (The Hub) at Springwood opened on the 14 March 2015. This new complex alters and upgrades the community and performing arts facilities which were provided in the old Springwood Civic Centre and provides space for a number of community based organisations supported by Council.

This upgrade provides an integrated cultural and community precinct that enlivens the Springwood town centre and provides facilities to better serve current and future needs of the City.

The Hub is staffed by a team of 3, charged with ensuring the building is maintained to a high standard, has an engaging and professionally managed theatre program, is promoted to a wide audience and is used equitably by a broad demographic, as per Council processes, protocols and policies.

In the lead-up to opening of the Hub the following milestones have been met:

• A staffing structure has been set, positions filled and the team is now working on breaking in operating systems; • The staff team has familiarised themselves with the building plant, equipment and functionality and developed processes to facilitate its use; • Rates and charges have been set for all hireable spaces and a booking system made operational;

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• Community engagement has been undertaken whereby user groups are now aware of the operating processes and usage requirements of the building; • Tenant agreements have been completed and implemented, ensuring tenancies take into account Council’s ownership of facilities the costs associated with providing free tenantable spaces; • A budget for the remainder of the 2014/15 financial year has been approved and the draft budget for the full 2015/16 financial year has been proposed; • Various procedures and hire agreements regarding the theatre space have been formalised. These include aspects of equipment use, maintenance and OH&S requirements; • A program booking system has been implemented and promotion of major performances begun; • The Insight Membership Program has been extended from the Cultural Centre, providing benefits to members across the City; • Liquor licence has been obtained; • Ticketing and ancillary income streams have been developed; • Sponsorship policy has been set; and • Customer service desk has been re-opened.

Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social The Hub is operational and processes, protocols and Nil policies in place to ensure the facility is equitably available to a broad section of the community. Economic Budget parameters have been set that ensure financial Nil implications to Council are managed effectively and transparent. Governance Structure are in place through staffing and reporting lines nil to ensure planned and strategic operations of the facility are adequately monitored.

Financial implications for the Council A full draft 2015/16 budget has been developed for the operations of the Hub. This budget includes income and expenditure projections that have been based on research of similar sized facilities. It should be noted that as this is the first year of operations budget figures are estimates that will be honed in future years once actuals have been realized.

The operational budget allocation for the remainder of the 2014/15 financial year is $189,914. The draft operational budget for the 2015/16 financial year is $490,138.

Legal and risk management issues for the Council McPhee Kelshaw Solicitors were engaged for the development of tenancy agreements.

External consultation External consultation has been ongoing with tenant and user groups. This consultation continues as the building becomes fit for purpose and systems and processes are refined to reflect the ultimate building usage.

Conclusion The Blue Mountains Theatre and Community Hub opened to high acclaim on the 14th of March 2015. Systems and processes have been devised to ensure that this complex, multi- functional facility is successfully operated in the initial 12-months of operations.

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Budget parameters have been put in place for the 2014/15 and 2015/16 financial year, however as the building is a new facility these budget projections may vary once actual income and costs are obtained. Any variations will be subject to Council approval.

The Hub is in a good position to meet the high expectations and demands of Council and the Community in the inaugural year of operations. Maintained support from other branches of Council and the Blue Mountains Cultural Centre will be critical to this success.

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ITEM NO: 13

SUBJECT: THE DEVELOPMENT OF AN AGEING STRATEGY FOR THE BLUE MOUNTAINS

FILE NO: F02123 - 15/4320

Delivery Program Link Principal Activity: Looking After People Service: Community Development

Recommendations:

1. That the Council notes this report;

2. That the Council adopts the Terms of Reference for the Senior’s Advisory Committee (Attachment 1);

3. That the Council endorses the way forward detailed in this report and the project plan for the development of the Blue Mountains Ageing Strategy; and

4. That the Council receives a further report to the Council Meeting 21 April 2015 on the proposed membership of the Senior’s Advisory Committee, for endorsement.

Report by Director, City & Community Outcomes:

Reason for report At the Ordinary Meeting of the Council of 9 December 2014, it was resolved:

“1. That the Council receives a further report in March 2015 on the establishment of the Older People’s Advisory Committee; and

2. A project plan for the development of the draft Ageing Strategy be completed in 2015/16” [Minute No. 1244]

Background In 2014 the Council entered into a partnership with Katoomba and Springwood Neighbourhood Centres and Charles Sturt University to conduct a research project “Community Connections: Older and Vulnerable Community Members Project”. This research aimed to identify the needs of vulnerable community members and inform approaches and strategies to address social inclusion and the safety needs of the community’s most vulnerable people.

The final report on the “Community Connections” findings and recommendations will be launched on Wednesday 25 March 2015. The “Community Connections” project findings will be used to guide the development of the Ageing Strategy for the Blue Mountains.

Development of the Blue Mountains Ageing Strategy The aim of the Blue Mountains Ageing Strategy is to assist the Council to better plan for its ageing population and to guide its response to the challenges associated with ageing, such

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as poor mobility and social and physical isolation, whilst also seeking to capture the positive contribution that an ageing population can bring; These challenges and benefits have been identified as some of the key preliminary findings in the “Community Connections” project to date.

The development of this strategy will significantly advance the Council’s response to Key Direction 4 of the Community Strategic Plan – Sustainable Blue Mountains 2025, which acknowledges that “An inclusive, healthy and vibrant city is concerned with the well-being of all residents”. More explicitly, “We value our strong connected communities that support people throughout their lives from childhood to old age. Blue Mountains people have fair and equitable access to essential services and facilities. We have safe, healthy environments in which people of all ages, abilities and socio-economic backgrounds can live, work and play. Our young people have hope for the future and opportunities to live and work in the Blue Mountains.”

Seniors Advisory Committee Council is forming a Seniors Advisory Committee of community and professional/industry representatives to assist with development of the Ageing Strategy. Expressions of Interest for the Seniors Advisory Committee have been called for (closed on 16 February 2015). The response has seen both overwhelming support for the Council in setting up this Committee and much community interest to contribute to the development of the Blue Mountains Ageing Strategy. Community response also conveyed that the Committee be renamed the “Seniors Advisory Committee” as opposed to an Older Persons Advisory Committee.

A total of twenty-one (21) community members and six (6) professional/industry representative nominations have been received. These nominations will be assessed by the Councillor Advisory Committee (as adopted at the 9 December 2014 Council meeting) and Council’s Aged and Disability Services Development Officer. A report will be presented to the Council meeting 21 April 2015 seeking endorsement of recommended nominations to the Seniors Advisory Committee.

The Seniors Advisory Committee (once established) will comprise of four (4) community representatives and four (4) professional/industry representatives from the Aged Care Sector, and Council’s Aged and Disability Services Development Officer. It is proposed that the Seniors Advisory Committee will meet quarterly and report to the Councillor Sub Committee on the key directions of the strategy. Membership of the Seniors Advisory Committee shall cease when the Council adopts the Blue Mountains Ageing Strategy. The Councillor Sub Committee will oversee the directions of the Ageing Strategy.

A Draft Terms of Reference for the Seniors Advisory Committee has been drafted to guide the Seniors Advisory Committee in the development of the Blue Mountains Ageing Strategy. Refer to Attachment 1 the Draft Terms of Reference for the Council’s endorsement.

Project Plan for the Development of Blue Mountains Ageing Strategy Objective Time Frame Completion Conduct the EOI process for the establishment of the February 2015 EOI Seniors Advisory Committee. conducted Review the EOI’s for membership of the Seniors 21 April 2015 Outstanding Advisory Committee to be assessed by the Councillor Sub Committee and endorsed by Council. Establish the Seniors Advisory Committee. April 2015 Outstanding Review the findings of the “Community Connections May-June 2015 Outstanding Older and Vulnerable Community Members Project” and Ageing Strategies developed by other Councils.

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Develop an outline of the Blue Mountains Ageing June 2015 Outstanding Strategy based on issues in the Blue Mountains, a review of research and aligning with current policies and directions at Local, State and Federal levels. Conduct consultations with relevant sections of Council September 2015 Outstanding to endorse the direction of the Ageing Strategy. Conduct focus groups with older community members August 2015 Outstanding on the directions of the draft Ageing Strategy for their feedback. Present the Blue Mountains Ageing Strategy to Council Council Meeting Outstanding for public exhibition. 10 November Conduct public consultations on the recommendations November- Outstanding and issues raised as part of the public exhibition. December The Seniors Advisory Committee and Councillor Sub February-March Outstanding Committee develop an action plan to address key 2016 recommendations for the 10 year Blue Mountains Ageing Strategy. Report to Council on the final Blue Mountains Ageing June 2016 Outstanding Strategy for consideration and endorsement by Council.

Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social The Ageing Strategy will provide Council, the Nil community and services with a blue print to address the priority needs of the Blue Mountains older community Economic The Community and Aged Sector is a very important Nil employer. Governance The project has the strong governance of Council and a Nil Seniors Advisory Committee.

Financial implications for the Council There are no financial implications for the Council in developing the Blue Mountains Ageing Strategy. There may be future costs associated with implementing the recommendations identified in the strategy, once this is developed.

Legal and risk management issues for the Council There are no known legal or risk management issues for the Council.

External consultation External consultation has occurred with both older and vulnerable Blue Mountains residents as part of the research project ”Community Connections” and members of the public in the Expression of Interest process for members of the Seniors Advisory Committee.

Conclusion The Blue Mountains population is ageing, presenting many challenges for the Blue Mountains community. Such challenges include access to services and facilities, maintaining quality of life and well-being while ageing, mobility issues and social and physical isolation.

It is imperative that Council plans for its ageing population now, to address these challenges. Local Government is well placed to work with the community, partner organisations and other levels of government to plan and develop a range of policy initiatives, services, facilities and

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programs to ensure the health, wellbeing and participation of older people continues to be maximised now and into the future.

The Blue Mountains Ageing Strategy is a whole of Council response to ageing in the community that will provide strategic direction that aligns with the 2025 Blue Mountains Community Strategic Plan, to best meet the priority needs of the Blue Mountains older community now and into the future.

ATTACHMENTS/ENCLOSURES

1 Draft Terms of Reference Seniors Advisory Committee 15/1114 Attachment

* * * * * * * * * *

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Attachment 1 - Draft Terms of Reference Seniors Advisory Committee Seniors Advisory Committee Draft Terms of Reference

PURPOSE

The purpose of the Blue Mountains Seniors Advisory Committee is to develop an Ageing Strategy for the Council. The aim of this strategy is to provide Council with a 10 year strategic plan to ensure services provided to our community continue to be appropriate to the changing needs and expectations of our ageing population; whilst ensuring resources are directed appropriately to address identified need.

ROLES AND FUNCTIONS

The roles and functions of the Committee are to:

• Provide advice to the Council in relation to key issues impacting on seniors living in their community;

• Provide advice to Council on policy development and legislation relating to Ageing in place.

• Provide advice to Council on issues impacting on population Ageing, these include planning and regulation of housing, neighbourhoods, facilities and services.

• Review and implement best practise methods/strategies that ensure a coordinated approach to addressing the physical and social needs of our older population that lead to social vulnerability.

• Provide effective communication and consultation strategies to facilitate engagement with older people and other key stakeholders.

1 COMMITTEE DELEGATIONS

The Seniors Advisory Committee has no formal delegations and acts only in an advisory capacity to the Council.

2 MEMBERSHIP

2.1 Committee composition • Membership of the Seniors Advisory Committee shall be selected after an open call for ‘Expressions of Interest’ and will consist of members approved and appointed by the Council.

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• Composition of the Committee will be relevant Council staff, four (4) community representatives and four (4) professional industry representatives.

• Representation on the Committee from across the City is desirable.

• Community members will be chosen from a range of backgrounds and/or professions and may hold formal training in a profession, however this is not a pre requisite, so long as they bring to the group a range of attributes from the membership criteria as stated in Section 2.2 below.

2.2 Membership criteria Candidates for membership on the Seniors Advisory Committee will need to demonstrate their suitability by responding to the following criteria: • Demonstrated extensive knowledge of and interest in aged care issues. • Experience in providing strategic input on plans, policies and or programs for the aged • Practical experience in promoting the needs of the aged. • Interested in providing advice to Council on emerging issues affecting older people within the Blue Mountains community. • An ability to develop and sustain contacts with key individuals and groupings in the local community. • Passionate about creating a community which supports the quality of life and dignity as they grow older. • The ability to effectively listen to, and cooperate with community members holding similar or different points of view. 2.3 Cessation of Membership • Members of the Advisory Committee shall cease when the Council adopts the Ageing Strategy : • By written notice of resignation from members; • If expelled from the Committee by resolution of the Manager of Community ; after consultation with persons on the Seniors Advisory Committee following behaviour deemed unacceptable or through continued lack of attendance at meetings.

3 ADMISTRATIVE PROCEDURES

• Council staff will chair the Committee

• The Council Code of Conduct will apply to members of the Seniors Advisory Committee.

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• Meetings are to be held on quarterly basis. Additional meetings may be called by the Council’s Aged and Disability Services Development Officer as required.

• It is desirable for recommendations of the Committee to be reached by consensus/mutual agreement. However if there is no consensus, and no majority vote can be reached, the minutes of the meeting will articulate the differing views and these will be taken into consideration when drafting the Strategy for Council approval.

Limited term working groups may be convened to address specific issues of the strategy and report to Council’s Aged and Disability Services Development Officer. • The quorum for a meeting will be one Council Officer and at least 2 community members and 2 professional representatives.

• Council staff shall :

• Provide notice of meetings and circulate associated agenda.

• Record and circulate draft minutes of meetings.

• Deal with incoming and outgoing correspondence and present relevant correspondence for either receipt or confirmation.

• Prepare reports in accordance with Council reporting procedures.

• Any amendment to the Terms of Reference will be subject to approval by Blue Mountains City Council.

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ITEM NO: 14

SUBJECT: DOMESTIC VIOLENCE LAW AND POLICY REFORMS UPDATE

FILE NO: F09162 - 15/18778

Delivery Program Link Principal Activity: Looking After People Service: Community Development

Recommendations:

1. That the Council notes this report; and

2. That the Council writes to the Premier, The Hon Mike Baird MP and the Minister for Family and Community Services, The Hon Gabrielle Upton MP advocating that an urgent meeting be convened between Domestic Violence NSW and the State Government seeking to address the impact that recent policy reforms have had upon the provision of Women’s Refuges.

Report by Director, City & Community Outcomes:

Reason for report This report responds to the resolution of the Council from the Ordinary Meeting of 16 September 2014, where it was resolved:

“1. That the Council notes this report and the local initiatives to address domestic violence, and expresses its continued concern over the level of domestic violence in the Blue Mountains and broader community;

2. That the Council writes to the Premier, The Hon Mike Baird MP and the Minister for Family and Community Services, The Hon Gabrielle Upton MP to ascertain the outcomes, if any, of the Councils call for an urgent meeting between Domestic Violence NSW and the State Government; and

3. That the Council receives a further report on the Domestic Violence law and policy reforms and the impact on service delivery in the Blue Mountains.”

[Minute No. 836]

Letters were written in accordance with recommendation 2, and sent on 15 October 2014. No responses had been received at the time of writing this report.

Summary Domestic violence cuts across social, ethnic and economic boundaries. Domestic violence is a serious crime and a most destructive personal and social issue. It is a violation of trust within people’s closest relationships with intimate partners and family members. Domestic violence is a gendered crime, with the majority of violence perpetrated on women by men; it represents a breach of the human right to freedom from gender based violence. It is linked to death, physical and mental ill health, disability, child abuse and homelessness. In spite of

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changes over the past thirty years, domestic violence remains a serious issue for one in three women and their families.

This report draws on the NSW Parliament’s Standing Committee on Social Issues: Inquiry into Domestic Violence Trends and Issues in NSW (2012), which acknowledged that Domestic violence in all its forms is completely unacceptable. The system needs to focus on the outcomes of safety and freedom from violence for victims and children, and accountability and non-violent behavior by perpetrators.

There is a vital role for emergency accommodation and support for victims of domestic violence and their children. The NSW Government’s “Going Home Staying Home” changes to specialist homeless services implemented across the State in 2014, has redefined services and resulted in the closure of many women’s and children’s services and refuges across the State. The NSW Government is urged to reconsider this policy position.

The NSW Government is encouraged to continue to embrace an active, comprehensive and long-term commitment to preventing and addressing domestic violence and successfully implementing the NSW Domestic and Family Violence Framework.

In the local context the Council is a member of the Blue Mountains Coalition Against Violence and Abuse (CAVA), working in partnership to reduce the impact of domestic violence in the Blue Mountains. CAVA brings together representatives from NGOs and Government agencies including the Blue Mountains Women’s Health and Resource Centre (BMWHRC), Blue Mountains Women’s Domestic Violence Court Advocacy Service (BMWDVCAS), West Connect Penrith Domestic Violence Services (incorporating Wimlah Women’s and Children’s Refuge), Elizabeth Evatt Community Legal Centre (EECLC), Mountains Outreach Community Service, Nepean-Blue Mountains Local Health District and Blue Mountains Local Area Command.

Recent Changes in Domestic Violence Legislation and Policy Reforms Impacting on Local Service Provision Over the past two years there have been major reforms in the area of domestic violence legislation and policy directions. These are summarised as follows:

1. Amendments to the Family Law Act 1975 (Commonwealth) (June 2012) In June 2012 the Family Law Act 1975 was amended to introduce several changes aimed to protect children from harm and improve the family law system's response to family violence and abuse. The definition of “family violence” was expanded to ensure that coercion and control are captured. It is defined as: violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member) or causes the family member to be fearful.

2. NSW Government Domestic and Family Violence (DFV) Framework for Reform - February 2014: “It Stops Here - Standing together to end domestic and family violence” The Framework is the NSW’s Government’s response to the 2011 Auditor General’s Report: “Responding to Domestic and Family Violence” and links to the “National Plan to Reduce Violence against Women and Children 2010-2022”. The purpose of the Framework is to: • improve collaboration and coordination between agencies in responding to domestic and family violence; • establish a shared policy definition of domestic and family violence and guiding principles applicable to all agencies and services working in the Domestic and Family Violence sector; and • establish minimum service standards applicable to all services responding to domestic and family violence.

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3. NSW Domestic Violence Strategy: Improving the NSW Criminal Justice System’s Response to Domestic Violence 2013-17 (DV Strategy) This Strategy is “…an operational framework that outlines the approaches and standards justice agencies in NSW will adopt to improve the criminal justice system’s response to domestic violence. Its fundamental objectives are to make victims safer, hold perpetrators accountable and prevent domestic violence from reoccurring.”

Outcomes identified in the Strategy include: • victims safety is secured immediately and the risk of further violence is reduced; • victims have confidence in the justice system and are empowered to participate; • victims have the support they need; • the court process for domestic violence matters is efficient, fair and accessible; • abusive behaviour is stopped and perpetrators are held to account; and • perpetrators change their behaviour and re-offending is reduced or eliminated.

4. Crimes - Domestic Violence Amendment (Information Sharing) Act 2014 NSW (Information Sharing Act) The Information Sharing Act is part of the implementation of the Domestic Violence Strategy. It permits disclosure of personal and health information relating to victims in Apprehended Domestic Violence Orders and domestic violence offences, as well as the alleged perpetrators and other persons in defined circumstances. The Information Sharing Act allows personal and health information to be shared when making a referral, and in specified circumstances without the consent of the victim.

The Information Sharing Act establishes a Central Referral Point and Local Coordination Points for referrals of victims for domestic violence support services: • Central Referral Point – an electronic data collection and referral platform operated by Victims Services. Receives referrals and allocates them electronically to a Local Coordination Point on the basis of the victim’s gender and location. • Local Coordination Points (LCPs) – LCPs collect referral information and provide domestic violence case coordination for victims of domestic violence, threat assessment and review and safety planning. The Women’s Domestic Violence Advocacy Support Services has been nominated as the LCP. • The LCPs are responsible for organising and managing Safety Action Meetings for victims at serious threat.

5. “Going Home Staying Home” and Funding of Women and Children’s Refuges The “Going Home Staying Home” changes introduced in June 2014 to the NSW Government’s funding of homeless services has had a significant impact on Domestic Violence specific women’s services. These changes can be considered out of line with the current national debate on this matter.

Under the “Going Home Staying Home” changes to funding, 336 individual services have been consolidated into 149 packages run by 69 providers. Instead of direct funding being provided to small organisations, all were required to compete in the tendering process. Women-only services across NSW were not permitted to tender as a women- only service.

Women’s (and family) refuges that have operated independently for decades will be now be managed by mainstream providers such as St Vincent De Paul and Mission Australia. Many well regarded, long established women’s services throughout NSW have closed. Before the “Going Home Staying Home” changes there were more than 100 women’s organisations receiving funding, run by women, now there will be less than 20, none will exist as they previously were. It is estimated that circa 74% of women’s services have

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been taken over by large (primarily religious) organisations. As a result, whilst there has been no reduction to homelessness services across NSW, there have been major implications of the funding changes on women’s services, this remains a key concern.

Local Impact of Policy and Legislative Reforms The Blue Mountains CAVA is working to develop sector responses to domestic violence and build sector capacity in line with these reforms. Agencies also work together to increase safety planning for victims and improve their access to services.

The Blue Mountains Women’s Domestic Violence Court Advocacy Service (Advocacy Service) works with the police through the implementation of the ‘yellow card’ and the Domestic Violence Intervention and Response Service (DVIRS). These programs aim to increase the engagement of victims and allow for referrals to a wide range of local support services. The programs aim to assist both women who proceed to court for an Apprehended Domestic Violence Order as well as those not proceeding to court. The establishment of the Central Referral and Local Coordination Points brings funding over a five year period. In the future the Advocacy Service will act as the Local Coordination Point for the Blue Mountains.

The introduction of the DVIRS and Yellow Card system involves contacting women both prior to, and post Court. It is a labour intensive process posing significant resource challenges. Without additional funding this program is unlikely to be sustainable.

The Blue Gum Housing service operated for thirty years in the Blue Mountains, providing specialist homeless services for families experiencing domestic violence and homelessness. Funding for this service was cut in 2014 as part of the “Going Home Staying Home” changes; this resulted on the closure of the service in late 2014. This has had a significant local impact on providing housing and support for victims of domestic violence.

Partnerships working to Eradicate Violence Against Women and their Children The Blue Mountains CAVA has implemented a range of practical strategies to eradicate violence against women and reduce its impact. This work is done through strong working relationships and collaboration between agencies with experience in working with women, children and families who have experienced or at risk of domestic violence.

CAVA provides a regular forum for agency workers to network and improve collaboration, it has initiated many training and educational opportunities for local services. For example, in 2013 CAVA hosted training to improve service responses to women with disability who have experienced domestic violence. In collaboration with the Elizabeth Evatt Community Legal Centre, CAVA also hosted training on family law. In November 2014 CAVA organised a local conference aimed at strengthening worker knowledge and capacity in preventing and responding to domestic violence. The local conference covered:

• current changes to the legal system to enhance collaboration and service delivery to women and their families affected by domestic violence; • the impacts of family and domestic violence on the lives of women and children; • the effects of colonisation on Aboriginal families and their communities and their experience of domestic violence; and • the role of men in ending violence against women and children.

Future Directions: The Council will continue to work collaboratively through CAVA to implement local strategies to eradicate domestic violence and reduce its impact in the Blue Mountains community. These strategies are informed by State and Federal plans and will include local actions to implement the following:

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• Violence prevention education in schools and the wider community; • Support services for women and children; • Community awareness activities engaging local men including White Ribbon Day events; • Safe at home programs; • Perpetrator programs; • Criminal Justice System responses; and • Training and education to increase the capacity of the service network to prevent domestic and family violence and reduce its impact where ever possible.

Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social BMCC working together with CAVA Nil raises community awareness of DV and supports and advocates for services and initiatives to reduce the impact of DV. Economic Nil The cost to the economy of DV in NSW has been estimated to cost $4.5 billion each year. Governance BMCC working together with CAVA Nil provides strong governance and leadership on DV issues in the Blue Mountains.

Financial implications for the Council Council Officers currently resource CAVA and White Ribbon initiatives. There are no further financial implications for Council.

Legal and risk management issues for the Council There are no legal and risk management issues for Council.

External consultation This report has been prepared in close collaboration with CAVA.

Conclusion Domestic violence is an alarming personal and social problem with massive impacts on women, children and the entire community. In NSW in 2012 there were 29,000 domestic violence related assaults recorded by the NSW Police, with approximately 125,000 incidents being reported. It is estimated that a further 300,000 have gone unreported. The economic costs of domestic violence in NSW are estimated to be $4.5 billion annually (Standing Committee on Social Issues: Inquiry into Domestic Violence Trends and Issues in NSW (2012).

The Council, through its partnership with CAVA, supports existing services and initiatives to turn around the impacts of domestic violence and reduce its effects on the Blue Mountains community.

The Council calls on the NSW Government to continue to embrace an active, comprehensive and long term commitment to preventing and addressing domestic violence and successfully implementing the NSW Domestic and Family Violence Framework. In doing so, it is essential to recognise that the substantial reforms that are required will require significant additional resources.

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The NSW Government is urged to reconsider its’ “Going Home Staying Home” funding changes to homeless specific services given the impacts this has had upon domestic violence and women’s based services. Finally, It is recommended that the Council writes to the Premier, The Hon Mike Baird MP and the Minister for Family and Community Services, The Hon Gabrielle Upton MP to call for an urgent meeting between Domestic Violence NSW and the State Government seeking to address the impact that recent policy reforms had had upon the provision of Women’s Refuges.

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ITEM NO: 15

SUBJECT: CONTRIBUTIONS OF STANLEY BIGNELL

FILE NO: F00556 - 14/81841

Delivery Program Link Principal Activity: Looking After People Service: Community Development

Recommendations:

1. That the Council places the proposal, to name the pathway system at Wentworth Falls Lake ‘Stanley Bignell walkway’, on public exhibition; and

2. That the Council receives a further report on the proposal once the outcomes of the public exhibition process are known.

Report by Director City & Community Outcomes:

Reason for report

At the Ordinary Meeting of the Council of the 28 January 2014, it was resolved:

“That a report comes to the Council regarding opportunities to recognise the contributions of Stanley Bignell at Wentworth Falls Lake.” [Minute No. 22]

This report responds to the above resolution and outlines opportunities to recognise Stanley Bignell at Wentworth Falls Lake, and other relevant opportunities, and evaluates those opportunities.

Background In 2013, Council undertook a process for naming of the new pedestrian bridge over the Highway at Hazelbrook. The community was invited to nominate names and a number were put forward, including that of Stanley Bignell.

At the Council meeting of 10 December 2013, the Council resolved to name the bridge after Private Ronald Field, who lost his life whilst fighting in Vietnam in 1965. As Stanley Bignell had ranked highly in this naming process, the Council further resolved to seek alternative opportunities to recognise him.

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Stanley Bignell served in the RAAF in World War 2 with the rank of Flying Officer and was taken as a prisoner of war in January 1945. From 1956, when Stanley moved to Hazelbrook with his family, he was a tireless community pioneer working with Blue Mountains City Council to introduce a number of sporting opportunities for youth of the Mountains.

As a manual arts teacher at Katoomba High School, he taught boat building and founded the Blue Mountains Sailing Club at Wentworth Falls Lake, providing opportunity for teenagers to participate in this sport. This included construction, sailing and water safety. He also worked with Council to have the lake developed to facilitate its’ use as a recreational lake.

Stanley was involved in many other projects promoting recreation for youth in the Blue Mountains. At Gloria Park, Hazelbrook he initiated and supervised construction of netball courts and gardens and founded the Hazelbrook Soccer and Netball Clubs in the 1950’s.

Stanley’s premature passing in 1978 was triggered by injuries sustained whilst fighting in WW 2.

Considerations The following were considered in selecting opportunities to recognise the contributions of Stanley Bignell to the Blue Mountains: • Naming policy; • Process; and • Family preference.

Each of these points are expanded on below

Naming policy Council has the Protocol for Naming of Council Owned Assets. Stanley Bignell fits the criteria for naming assets within the Blue Mountains area, in particular at Wentworth Falls Lake and Gloria Park, Hazelbrook.

Process The process for naming Council’s assets as per the Protocol for Naming of Council Owned Assets includes a 28 day public exhibition phase and adoption by Council. A process for calling for names for consideration, when naming a Council asset, is not a requirement of the naming policy or any legal process. Given the Council resolution on this matter it is not proposed in this instance.

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A process through the Geographic Names Board may also be required and this also includes a public exhibition phase. Whether or not a name is forwarded to the Geographic Names Board (GNB) for gazettal is dependent on whether the asset is stand-alone, or falls under an asset which is already named.

A walkway at Wentworth Falls Lake would have to be gazetted by the GNB, as this feature is a stand-alone asset, whereas naming part of the sporting facilities within Gloria Park would not require this process, as these are already included in the established Gloria Park sporting complex (See Table 1 on Naming Options below)

Family preference Council staff have had discussions with members of Stanley Bignell’s family to ascertain their naming preferences. They also considered Gloria Park assets worthy of consideration because of his efforts at that site. Their top three preferences are noted in the options table below.

Options and assessment A list of options for naming of assets was compiled and evaluated. While the Council resolution sought assets at Wentworth Falls Lake only, the Bignell family members considered Gloria Park assets also worthy of consideration because of his efforts there. The evaluation of the remaining options is presented in the table below.

Table 1 Comparison summary for naming options for Stanley Bignell Specific Asset Comment Issues Referral to GNB Wentworth Falls Lake Family’s first preference. Other names may be Yes - Naming of the Attractive walk in a relevant suggested if public existing paved location. exhibition phase. section of walk - Currently available. Pathway from Sinclair Crescent boat ramp to Waratah Street. Gloria Park - naming Family’s second preference. Sporting community No of the Courts or Courts particularly relevant to SB, may wish to suggest Sporting Field. as he initiated their construction. alternative names. SB initiated field upgrade to playing standard Allows for other assets to be available for naming after other significant people in the future Wentworth Falls Lake Family’s third preference. Dam Dam wall not No - provision of a wall is relevant to SB. supported as an asset commemorative No exhibition process required suitable for naming. plaque in picnic area or dam wall - no naming of an asset Wentworth Falls Lake A highly used and well known Already well known as Yes - naming of the picnic feature. WWF Lake Picnic area Includes sailing boat launching area. Having WW area which is relevant to SB. Falls in the name assists people to find it.

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Gloria Park - naming Gloria Park is relevant to SB Building not No of the Pavilion. contribution to soccer and netball specifically related to in Hazelbrook. SB. Hazelbrook Hawkes claim as home. Sporting community may wish to suggest alternative names Gloria Park - naming Relevant to Stanley Bignell’s Sporting community No of whole sporting contribution may wish to suggest precinct alternative names Gloria Park - Places his memorial in the Not appropriate place No provision of a context of his war service. to recognise his other commemorative contributions plaque on the War Memorial - no naming of an asset

The naming of the pathway at Wentworth Falls Lake from Sinclair Crescent boat ramp to Waratah Street as the ‘Stanley Bignell Walkway’ is the preferred option due to the following reasons: • It is an established asset with a high public profile; • Wentworth Falls Lake is of specific relevance to Stanley Bignell’s contribution to the Blue Mountains community; • It is the preferred option of Stanley Bignell’s family; and • It could be extended in future years to include a boardwalk.

A sustainability assessment of exhibiting the name Stanley Bignell walkway is shown in the table below:

Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social Community engagement in the naming of Potential for range of Council’s assets. suggestions to be considered with potential for disappointment Economic Nil Nil Governance Process responds to a resolution from Nil the Council in accordance with Council’s and GNB naming policies in a transparent manner.

Financial implications for the Council The cost of the preferred option includes: • Administration costs of process including staff time in managing the exhibition, reporting to the Council, and forwarding an adopted name to the GNB if required; and • Cost of developing a sign or plaque, and installation; between $2,500 and $4,000 depending on the amount of interpretive material provided. If the proposal is endorsed, funding a sign and plaque could be included in the 2015-16 Assets Works Program.

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Legal and risk management issues for the Council There are no legal or risk management issues with adopting the recommendations of this report.

External consultation Members of Stanley Bignell’s family were consulted as noted above.

Conclusion A number of assets were investigated for recognising the contributions of Stanley Bignell to the Blue Mountains community. The naming of the footpath at Wentworth Falls Lake from Sinclair Crescent boat ramp to Waratah Street is the preferred option due to: • It being an established, recognised asset with a high public profile; • Wentworth Falls Lake being of specific relevance to Stanley Bignell’s contribution to the Blue Mountains community; and • It being the preferred option of Stanley Bignell’s family.

Given that Stanley Bignell had made a number of significant contributions to the Blue Mountains community, it is recommended that the above mentioned pathway at Wentworth Falls Lake be placed on public exhibition for a minimum of 28 days for community feedback, with a subsequent report being presented to the Council, including the results of public exhibition.

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- 130 - LOOKING AFTER PEOPLE Item 16, Ordinary Meeting, 24.03.15

ITEM NO: 16

SUBJECT: CONSTRUCTION OF GLENBROOK AND HAZELBROOK COMMUTER CARPARKS

FILE NO: F09162 - 15/27922

Delivery Program Link Principal Activity: Looking After People Service: Community Development

Recommendations:

1. That the Council accepts the tender submitted by North Shore Paving Co Pty Ltd for the construction of Glenbrook Commuter Carpark accessible ramp, stairs, associated works and the upgrade to Hazelbrook Commuter Carpark for the sum of $581,285.40, exclusive of GST; and

2. That the Council delegates to the General Manager the authority to sign documents relating to the contract for the construction of Glenbrook Commuter Carpark accessible ramp, stairs, associated works and the upgrade to Hazelbrook Commuter Carpark.

Report by Director, City and Community Outcomes:

Reason for report This report seeks the approval of the Council, in accordance with the Tendering Policy, to enter into a contract for the construction of Glenbrook Commuter Carpark accessible ramp and the upgrade to Hazelbrook Commuter Carpark.

Background The Department of Transport NSW is funding these projects and has requested that Council deliver these projects on their behalf. Council has recently entered into a Deed of Agreement, with the Department of Transport NSW, for the project design and delivery.

Glenbrook Commuter Carpark The existing Glenbrook commuter carpark is accessed via steps from Burfitt Parade and via a driveway from Euroka Road that provides shared pedestrian and vehicular access. Currently there is no provision for people with disabilities to access both the carpark and train station via Burfitt Parade. This project will provide a new accessible compliant ramp from Burfitt Parade.

Hazelbrook Commuter Carpark The proposed upgrade works have been identified, through the Hazelbrook Village Masterplan, as being a priority area for improvement. Works are expected to include the resurfacing of the bitumen pavement, works to the current entry and exit driveways, and upgrade of the existing lighting and landscaping.

The Tender Open tenders were called on 20 January 2015 in accordance with Council’s Tendering Policy. The tender was advertised in the Sydney Morning Herald, the Blue Mountains Gazette and was also advertised on the BMCC website with the Request for Tender (RFT)

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available for free download from the WSROC eTendering website portal on the NSW Government Department of Commerce website. Tenders closed at 2.00 pm, Wednesday 11 February 2015.

Evaluation Criteria A Tender Evaluation Panel (TEP) was established to evaluate the submissions in accordance with the assessment criteria and processes specified within the RFT documents.

The Tender Evaluation Report includes the evaluation criteria for determining the value for money represented by the tenders. The criteria are those notified to tenderers in the RFT and are summarised below: • capability & capacity; • project methodology and construction program; • environmental management; • work health and safety; • critical assumptions; • innovation; and • price.

Tender Evaluation The Tender Evaluation Panel (TEP), comprising three Council staff, was established to recommend which tender offered the most benefit to the Council.

Tender opening Four submissions were received from the following companies: • Abergeldie Contractors Pty Ltd, Regents Park, NSW; • Downer EDI Works Pty Ltd, Silverwater, NSW; • Hargraves Urban Pty Ltd, Gordon, NSW; and • North Shore Paving, Co Pty Ltd, Lindfield West, NSW.

All tenders were submitted prior to the closing time and were deemed complying tenders.

Technical Worth Evaluation A quantitative and qualitative assessment of the submissions was undertaken to determine the degree of effectiveness against the weighted evaluation criteria. The TEP undertook a comprehensive assessment of these tender submissions and allocated consensus scores against each of the criteria.

The final results of the Technical Worth Assessment can be seen in the table below.

Table 1 – Initial Technical Worth Assessment Tenderer Non-Price Tendered Price Overall Effectiveness/ (Exclusive of GST) Value for Ranking Ranking Money Ranking North Shore Paving Co Pty Ltd 78.5% 1 $581,285.40 1 1 Hargraves Urban Pty Ltd 78.5% 1 $594,175.20 2 2 Downer EDI Works Pty Ltd 78.5% 1 $653,940.00 3 3 (Downer Infrastructure) Abergeldie Contractors Pty Ltd 78.5% 1 $717,125.00 4 4

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Based on the Tender evaluation the TEP unanimously agreed that the tender submitted by North Shore Paving Co Pty Ltd, Lindfield West, NSW represented the best value for money based upon the assessment criteria.

Evaluation Recommendations Following the tender evaluation the TEP unanimously recommended that RFT 2014/15- W953A, construction of Glenbrook Commuter Carpark accessible ramp, stairs, associated works and upgrade to Hazelbrook Commuter Carpark works be awarded to North Shore Paving Co Pty Ltd.

Sustainability Assessment Effects Positive Negative Environmental The proposed works will assist in mitigating existing Nil stormwater run-off impacts on environment and built assets ensuring that the health of waterways and water catchments is maintained and enhanced. Social A functional road network plays a key role in linking Nil the community. The Commuter Car Park is a key element in this transport network and the accessible ramp will provide improved access to people with a disability. Economic Reduce future maintenance costs. Nil Governance Nil Nil

Financial implications for the Council The Tendered price of $581,285.40 is within the approved budget set by the Department of Transport NSW for the delivery of these projects.

Legal and risk management issues for the Council The tender process has been conducted in accordance with Council’s procurement policies. Referee checks were undertaken as part of the tender assessment and resulted in favourable feedback, which confirmed that North Shore Paving Co Pty Ltd is capable of undertaking the works as set out in the tender documentation.

The Tender Review Committee has reviewed the tender procedures and is satisfied as to the fairness of the process and that the process has complied with policies. There are no further identified legal or risk management issues related to the tender.

External consultation No external consultation has occurred during the tender evaluation process.

Program Should Council endorse the recommendations in this Council Report it is envisaged that this project will be completed by July/August 2015, weather permitting.

Conclusion Based on the assessment of the tenders received, it is recommended that the Council accepts the tender submitted by North Shore Paving Co Pty Ltd for the construction of Glenbrook Commuter Carpark accessible ramp, stairs, associated works and the upgrade to Hazelbrook Commuter Carpark for the sum of $581,285.40, exclusive of GST.

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- 133 - LOOKING AFTER PEOPLE Item 17, Ordinary Meeting, 24.03.15

ITEM NO: 17

SUBJECT: SECOND MEMORIAL - LONE PINE WAR MEMORIAL

FILE NO: F03866 - 15/38828

Delivery Program Link Principal Activity: Looking After People Service: Cultural Development

Recommendations:

1. That the Council approves the construction of a second memorial beyond the stone gates of the Lone Pine Memorial, subject to a favorable determination of a Review of Environmental Factors under Part 5 of the Environmental Planning and Assessment Act 1979 in relation to the activity;

2. That the Council registers the whole reserve – Gordon Falls Reserve - with the International Institute for Peace Tourism and the International Association of Travel and Tourism Professionals as a Peace Park, and installs a plaque on-site recognizing this status as part of the proposed event; and

3. That the Council endorses the registration of Gordon Falls Reserve as a Peace Park be instead of the previously resolved Katoomba Kiosk (Minute 840 of December 9 2014).

Report by Director City & Community Outcomes:

Reason for report At the Ordinary Meeting of the Council on 24 February Council, it was resolved;

1. “That the Council, in accordance with the Public Memorials Policy 2012, endorses the installation of a memorial seat and plaque for Joyce Brister and Joan Storey in Centenary Reserve, Blackheath;

2. That the Council delegates to the General Manager the negotiation of the proposed additional memorial near the Lone Pine war memorial in Leura, and that a report back to Council regarding the outcomes of the negotiation be provided to the Ordinary Meeting of March 24 2015; and

3. That Council notes that it is unlikely that the Lone Pine event will proceed in time for the proposed day of April 18 2015 unless Council is provided with all relevant documentation, including details of the proposal and funding sources by March 2, 2015.” [Minute No. 47]

This report responds to the resolution above. It also further responds to the resolution of the Ordinary Meeting of the Council on 9 December 2014:

“That the Council registers Katoomba Park, at the Katoomba Falls Kiosk with the International Institute for Peace Tourism and the International Association of Travel

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and Tourism Professionals as a Peace Park, and installs a plaque on site recognising this status.” [Minute No. 1245]

Background Mr Tom Colless, in conjunction with Rotary Blue Mountains, has proposed a large event at the Lone Pine War Memorial in Leura on April 18, 2015, including unveiling of a “Handshake for Peace” memorial. This is planned to coincide with a major event in Turkey recognizing 100 years since the Gallipoli landings and is expected to be attended by representatives of the Turkish Government. Mr Colless is a respected community advocate for the Upper Mountains and has contributed his own time and resources to a number of previous projects on Community Land.

The location of the proposed Handshake for Peace memorial is beyond the Lone Pine War Memorial, as shown in the photograph below. More detail is provided in the following drawing. Mr Colless has worked with Council to develop a plan that balances his vision and requirements with heritage and amenity concerns at the site.

Location of the proposed Handshake for Peace memorial

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Drawing of memorial site and plinth construction.

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Discussion The Handshake for Peace proposal allows for: • a plinth, 2.0metres tall x 1.1metres wide, with a relief sculpture of a handshake for peace, as per the image below; • a number of plaques, with wording as below; and • three flag poles, six metres tall, to carry the Turkish, Australian and Aboriginal flags.

Proposed relief sculpture of the Handshake for Peace:

The plaques will be as follows; 1 A base relief by Terrance Plowright showing a handshake for peace between Australia and Turkey. 2 Text making the following statement:

“Those heroes that shed their blood and lost their lives… You are now lying in the soil of a friendly country. Therefore rest in peace. There is no difference between the Johnnies and the Mehmets to us where they lie side by side here in this country of ours… You, the mothers, who sent their sons from faraway countries wipe away your tears; your sons are now lying in our bosom and are in peace, after having lost their lives on this land they have become our sons as well." Ataturk, 1934

3 A translation of the above in Turkish

4 A Peace Park dedication plaque as per below, derived from standard Peace Park plaque format. Note that the wording below may be subject to some editing but indicates the overall intention.

This plaque commemorates the dedication of this reserve as Gordon Falls Peace Park. The dedication occurred in conjunction with The Rotary Peace Conference in Istanbul, April 2015 to promote peace and friendship………………………. Officially dedicated by ………………. and ………………………………… with the support of Rotary Blue Mountains

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Initial research and assessment indicates that the proposal will comply with planning provisions and that environmental impacts will be low. While final confirmation of this will be as part of a Review of Environmental Factors under Part 5 of the Environmental Planning and Assessment Act 1979 (EP&A Act), which is yet to be prepared and determined, no significant issues are anticipated.

Subject to final assessment and a favorable determination, it is proposed that consent will include, but not be limited to, the following conditions: • Work must be in accordance with the plan submitted; • Flag poles will be least 3 metres from the residential boundary, constructed in accordance with the relevant Australian Standard, and certified by an engineer, if required; • All work is undertaken by licensed and appropriately insured contractors; • That Council is not obligated to replace the flagpoles at the end of their useful life or in the event of damage; • Care is taken when installing the flagpoles to avoid sewer and phone lines, in case they are not exactly as shown on the Dial-before-you-dig plans; • Care is taken in installing the flag poles so that the memorial plantings are not damaged; • Relevant stakeholders and adjoining residents will be notified of the work prior to it occurring.

Peace Park Council has a previous resolution (Minute 840 of December 9 2014) to hold an event, install a plaque and plant a tree to dedicate and register a park as a Peace Park in line the requirements of the International Institute for Peace Tourism and the International Association of Travel. The original resolution identified Katoomba Kiosk as the suitable location for a Peace Park.

To avoid duplication and as a mark of respect to Mr Colless’s endeavors to promote peace through this proposed Handshake for Peace event and installations, it is proposed to dedicate Gordon Falls Reserve, which incorporates Lone Pine Avenue and Leura Oval, as a Peace Park instead. The dedication would be incorporated into the proposed event, with Council contributing the cost of the Peace Park plaque and working with Mr Colless to ensure the plaque is compatible with the broader memorial.

Sustainability Assessment The table below shows a sustainability assessment of approving the construction of a Handshake for Peace memorial at Lone Pine Leura.

Table 1 Effects Positive Negative Environmental Nil Nil Social Community feelings and values are expressed. Nil Economic Nil Nil Governance Due process has been followed in the approval of a Nil memorial.

The table below shows a sustainability assessment of designating Gordon Falls as a Peace Park.

Table 2 Effects Positive Negative Environmental Nil Nil

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Effects Positive Negative Social A Council provided Peace Park may contribute to Nil community health and well-being. Economic There is potential for an economic benefit if the Peace Nil Park and/or the associated event/s encourage tourism in the Mountains. Governance Nil Nil

Financial implications for the Council Significant un-programmed Council resources have been directed to service the Handshake for Peace proposal through: • Processing of the event application; • Sourcing heritage advice; • Negotiation of an acceptable scope and location for the project; • Dial-before you dig enquires; and • Stakeholder Liaison.

Further staff time is anticipated to prepare and process a Review of Environmental factors and to oversee the works during installation.

The costs of construction of the Handshake for Peace memorial will be borne by Rotary Blue Mountains including 3 flagpoles and one stone plinth. Council will contribute to the cost of the Peace Park Plaque from 2014-15 operational funds.

Ongoing servicing and maintenance of the items is anticipated to be low unless vandalism or an accident occurs. Useful life for a stone plinth can be up to 100 years, and about 25 years for flag poles.

Legal and risk management issues for the Council There are no legal and risk management issues for Council with the Handshake for Peace subject to approval under Part 5 of the E.P&A. Act, and all relevant Work Health and Safety procedures being complied with.

External consultation Council has notified relevant stakeholders of this upcoming report, including Katoomba RSL, the adjacent neighbors and local BushCare groups, to ensure they have an opportunity to comment.

Conclusion The Handshake for Peace proposal has social merit and will not create any significant impact if suitable precautions, as outlined above, are taken. It is recommended that Rotary be given permission to proceed as per the plans provided and subject to the conditions noted.

The Handshake for Peace proposal is in line with a previous resolution to create a Peace Park in Katoomba. While the site previously adopted was the Katoomba Kiosk, it is recommended to change the location to Gordon Falls Reserve and dedicate the park as part of the Rotary event.

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- 139 - LOOKING AFTER PEOPLE Item 18, Ordinary Meeting, 24.03.15

ITEM NO: 18

SUBJECT: BLAXLAND WAR MEMORIAL PARK MOWING

FILE NO: F02282 - 15/38931

Delivery Program Link Principal Activity: Looking After People Service: Sport and Recreation

Recommendations:

1. That the Council notes this report;

2. That the Council resolves that the ongoing use of the site will be assessed and reviewed as part of the ongoing Parks Service Review;

3. That the Council notes that in the interim the picnic shelters, which pose a potential risk to public safety, will be removed; and

4. That the Council notes that in the interim the site will be mowed twice annually, including prior to Anzac Day, to maintain an appropriate level of amenity.

Report by Director City & Community Outcomes:

Reason for report At the Ordinary Meeting of the Council on 24 February Council it was resolved;

“That the Council receives a report to the next meeting of the Council regarding the inclusion of Blaxland War Memorial Park on a regular mowing schedule”

[Minute No. 19] This report responds to that resolution.

Background Blaxland War Memorial Park was classified as a natural area in the Recreation and Sport Strategy adopted by Council in 2002. While the park historically functioned as a sports ground and local park, the progressive highway widening have reduced its amenity and access considerably. The site has a very low patronage as a consequence.

Concerns have been raised regarding the health and safety of both the staff and the public if using or undertaking maintenance activities in the park. Currently, pedestrians are required to enter the park by crossing Wilson Way, close to the intersection with the Great Western Highway, and there is poor passive surveillance.

The park is located at a busy intersection where drivers do not expect to encounter pedestrian or vehicular traffic. No pedestrian crossing is currently available at the intersection. The park has limited area, causing vehicles to reverse into the busy intersection. In addition, the picnic facilities at the site are in a dilapidated state, and pose a potential risk to public safety.

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These issues were noted at the Ordinary Meeting of the Council of 27 November 2012, it was resolved;

1. “That the Council note this report and the status of the Blaxland Memorial Park as a Natural Area park as identified in the Council endorsed Blue Mountains Recreation and Sports Strategy 2002;

2. That the Council also note the issues identified around access, safety and access, and associated costs;

3. That the Council note that informal access to and within the park, and passive recreational use continues to be available to the community; and

4. That a further report comes to Council prior to November 2013 assessing the viability of creating and promoting pedestrian access and consequent use of the park.”

[Minute No 538]

The further report was presented to the Ordinary Meeting of 15 October 2013, it was resolved;

1. “That the Council note the Roads and Maritime Services, has no objection in principle to the provision of pedestrian crossings at the intersection of the Great Western Highway and Wilson Way, Blaxland, subject to the review of Council funded traffic study and concept designs;

2. That the Council notes that funding for the required studies, design work and implementation to improve the intersection is currently not identified in the Delivery Program 2013-2017;

3. That the Council note that informal access to and within the park, and passive recreational use continues to be available to the community;

4. That the Council defer this matter until the outcomes of the service review of parks currently in progress including Blaxland War Memorial Park as part of that process, are known; and

5. That the Council defer further consideration of the potential relocation of the Harold Campbell Memorial into the park until the outcomes of the service review of parks currently in progress including Blaxland War Memorial Park are known”

[Minute No. 435]

Mowing schedule Council currently maintains and mows all the parks, town centers and high profile road reserves between Valley Heights to Lapstone. This currently includes mowing the verge where the War Memorial is located (note that it is not actually within the War Memorial Park and is separated by the road from the open space). Council has infrequently mowed a limited area around the dilapidated picnic shelters.

Since the mowing ceased at Blaxland War Memorial Park, two new parks have been included into the mowing schedule; Benoit Park, Valley Heights and Possum Park,

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Warrimoo. The maintenance schedule is fully tasked with its current program, with mowing being postponed when extra maintenance activities are required.

Including this additional open space area in the mowing schedule (of the Council Parks East 1 team) will be at the expense of current mowing regimes in other parks in the area.

Given the access issues associated with Blaxland War Memorial Park, and its poor qualities as a public recreation area, it is recommended that it only be included into the mowing schedule on a temporary, twice-annual basis, including prior to Anzac Day, until such time as the its ongoing use has been assessed and reviewed as part of the Parks Service Review.

It is further recommended that in the interim the aging and dilapidated visitor facilities be removed. Any replacement of facilities would be subject to the outcomes of the Parks Service Review.

Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social Removing the dilapidated visitor Nil facilities will increase public safety. The site will be mowed twice-annually until such time as the Park Service Review is completed. Economic Nil Mowing at a greater frequency than twice-annually will require a reallocation of resources and a reduction in mowing in other areas. Governance Removing the dilapidated visitor Nil facilities will address a current workplace health and safety issue

Financial implications for the Council Mowing twice-annually can be accommodated in the existing program. Mowing at a greater frequency than twice-annually will require a reallocation of resources and a reduction in mowing in other areas.

Legal and risk management issues for the Council Removing the dilapidated visitor facilities will increase public safety and address a potential workplace health and safety issue.

External consultation No external consultation was undertaken in the preparation of this report.

Conclusion Given the poor condition and placement of the site for public recreation and ongoing active maintenance, it is proposed that the dilapidated visitor facilities be removed and their replacement and the ongoing use of the site be assessed as part of the Parks Service Review. In the interim, the site will be mowed twice-annually, including prior to Anzac Day, to maintain an appropriate level of amenity. This will be within the current resource allocated to parks maintenance.

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- 142 - USING LAND Item 19, Ordinary Meeting, 24.03.15

ITEM NO: 19

SUBJECT: DEVELOPMENT APPLICATION NO. X/759/2014 FOR THE DEMOLITION OF AN EXISTING DWELLING INCLUDING ASSOCIATED STRUCTURES AND THE CONSTRUCTION OF TWO ACCESSIBLE DWELLINGS ON LOT C DP 389352, 14 GLENBROOK RD, GLENBROOK

FILE NO: F09162 - X/759/2014 - 15/28276

Recommendation:

That the Development Application No. X/759/2014 for the demolition of an existing dwelling including associated structures and the construction of two accessible dwellings on Lot C DP 389352, 14 Glenbrook Road, Glenbrook be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this report.

Disclosure Disclosure of any political donation and/or gift - No

Report by Director, Development & Customer Services

Reason for report The Application has a variation to a development standard of more than 10%.

Applicant Jonumo Pty Ltd

Owner Jonumo Pty Ltd

Application lodged 7 August 2014

Property address 14 Glenbrook Road, Glenbrook

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Site description The subject site is located on the eastern side of Glenbrook Rd approximately 700m directly north west of the Glenbrook Village Centre and 1km by road. The lot is approximately 674m2 in area with the land being relatively level. There is a marginal fall of approximately 2m, sloping from the west (front) boundary to the east (rear). The site has dual frontages with a main frontage of 14m to Glenbrook Rd and a secondary frontage of 40m to Benjamin Lane. The site has previously been developed with an existing single occupancy dwelling as well as a separate garage located on the site. The separate garage has vehicular access from Benjamin Lane.

Development in the surrounding area consists of a range of residential and associated uses including churches, a primary school and a child care centre. The residential dwellings in the vicinity largely consists of single occupancy dwellings with a predominance of single storey buildings interspersed with a range of split level and two storey dwellings.

Proposal The proposal is for the demolition of an existing dwelling and the construction of 2 detached accessible dwellings, each with single garage.

Supporting The application is supported by: documentation • Architectural plans • Landscape plan • Concept stormwater drainage plan • External colour schedule • Statement of Environmental Effects • BASIX Assessment

Background The original application was submitted on 7 August 2014 and consisted of 1 x 2 storey and 1 x 1 storey attached accessible dwellings. Concern was raised during the assessment with significant issues including the scale, private open spaces, solar access and accessibility of the development.

The application was amended on 19 September 2014 by separating the dwellings by 1m and converting the proposed double garage (rear dwelling) to a single garage.

The application was further amended on 18 December 2014 by converting both dwellings to 1 storey in height and separating the dwellings by 1.8m. The amendment also relocated the dwellings further away from the adjoining northern boundary.

It is this 18 December 2014 amendment that is the basis of this assessment report.

Environmental Blue Mountains Local Environmental Plan 2005 (LEP 2005) Planning Instruments • Zone: Living General. • Provisions: Accessible Housing area. Draft Local Environmental Plan 2013 (DLEP 2013) • Proposed zone: Low Density Residential (R2).

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Development Control Plan • Better Living Sydney Regional Environmental Plan • No. 20 (Hawkesbury - Nepean River)

Notification Consultation was undertaken in accordance with the requirements of Part L (Public Participation) of the Better Living Development Control Plan and the requirements under the Environmental Planning and Assessment Regulations 2000.

The application was advertised for a period of 14 days from 21 August 2014 to 4 September 2014 with written notification being sent to adjoining and nearby properties.

One submission was received as a result of this notification process.

Evaluation The application has been assessed in accordance with Section 79C (Evaluation) of the Environmental Planning and Assessment Act 1979 (“the Act”). A commentary on the assessment of the development against the Section 79C evaluation matters has been detailed in this report for the consideration of Council.

Issues The following assessment issues are further detailed in the report: 1. Local Environmental Plan 2005 2. Draft Local Environmental Plan 2013 3. State Environmental Planning Policy 1(SEPP1) 4. Sydney Regional Environmental Plan 20 (SREP20) 5. Better Living Development Control Plan 6. Character and amenity 7. Suitability of the site 8. Submissions

1.0 Section 79C(1)(a)(i) Environmental Planning Instruments 1.1 Local Environmental Plan 2005/Draft Local Environmental Plan 2013 The following table provides for an assessment against the provisions of LEP 2005. The proposed development has also been assessed against the provisions of Draft LEP 2013 with discussion provided accordingly.

Where a draft clause is equivalent to a clause under LEP 2005, the clauses are listed together and a single assessment undertaken. Clauses within DLEP 2013 which represent new policy are listed at the end of the table. Only those relevant to the proposed development have been addressed. Clause Provisions Proposed / Comment / Assessment Compliance LEP 2005 / DLEP2013 Y/N 11 Ecologically The proposed development is consistent Y with the principles of ecologically sustainable development sustainable development. a) integration b)community involvement

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Clause Provisions Proposed / Comment / Assessment Compliance LEP 2005 / DLEP2013 Y/N c)precautionar y behaviour d)equity within & between generations e)continual improvement f) conservation of biological diversity & ecological integrity g) improved valuation & pricing of environment resources 12 Principal LEP2005: Y objectives of The development is consistent with the LEP principle objectives of the LEP specifically providing a balance of land uses and built forms that respond to the principles of ecologically sustainable development. The development promotes the provision of accessible, diverse and affordable housing options to cater for the changing housing needs of the community. DLEP201 DLEP2013: 3 As above 1.2 Part 2 Locality Management 32 Development LEP2005: Y permissible on Accessible housing is permitted with subject land consent. DLEP201 DLEP2013: 3 DLEP 2013 permits Seniors Housing 2.6 for development with consent. The subdivisio provisions are under the Housing for n. Seniors or People with a Disability SEPP Landuse 2004. table Part 3 Assessing the site and environmental context

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Clause Provisions Proposed / Comment / Assessment Compliance LEP 2005 / DLEP2013 Y/N 44 Environmental LEP2005: Y impact The site has been previously cleared and developed for a dwelling house and associated buildings. The proposed development will not adversely impact on the identified environmental elements. DLEP201 DLEP2013: 3 As above 6.1 51 Watercourses LEP2005: Y The nearest identified water course is located approximately 480m to the north east of the site and is not likely to be adversely affected by the proposed development. DLEP201 DLEP2013: 3 As above 6.7 52 Significant LEP2005: Y vegetation The nearest identified significant communities vegetation is the aquatic vegetation associated with Glenbrook lagoon. This is located approximately 270m to the north west and outside potential impact zones associated with the proposed development. DLEP201 DLEP2013: 3 As above 5.9, 5.9AA, 6.7 53 Retention and LEP2005: Y management The subject site includes 2 large canopy of vegetation trees located to the rear of the site, one of which will be removed in association with the proposed development. A landscape plan has been submitted with the application with the majority of planting along the sites western and southern frontages. The site is not large enough to support an extensive amount of mid and rear block planting. The surrounding area has a fair scattering of larger trees interspersed with numerous smaller trees and shrubs. The proposed development will be more visually prominent on the site than the existing dwelling. Whilst it is considered that the removal of the tree is unfortunate, the resultant development is - 148 - USING LAND Item 19, Ordinary Meeting, 24.03.15

Clause Provisions Proposed / Comment / Assessment Compliance LEP 2005 / DLEP2013 Y/N not considered to be obtrusively different to the character of the surrounding area and therefore would not, of itself warrant refusal. Refer also to the 6.1 Character and Amenity section of this report for further discussion. DLEP201 DLEP2013: 3 As above 5.9 5.9AA 56 Site LEP2005: Y disturbance & The site is generally level with a minor fall erosion control to its eastern (rear) boundary. The land has been previously cleared and developed in association with its current use as a dwelling. The proposed development is considered consistent with the natural characteristics of the land, and any site disturbance will be managed in accordance with an appropriate erosion and sediment control plan. DLEP201 DLEP2013: 3 As above 6.14 57 Stormwater LEP2005: Y management The site currently discharges south to Benjamin Lane and then flows east along the Council stormwater line. The development will require an on-site detention system to effectively manage the stormwater run-off. This will ensure the development does not adversely alter the quantity and flow characteristics of stormwater leaving the site. This outcome will be required as a condition of consent. DLEP201 DLEP2013: 3 As above 6.9 58 Modification of LEP2005: Y land form The proposed development primarily contains cut and fill within the development footprint with the exception on a cut between the two dwellings and a levelling of the associated private open spaces. These cut and fill areas are by less than 500mm and will not substantially alter the characteristics of the development in terms of stormwater

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Clause Provisions Proposed / Comment / Assessment Compliance LEP 2005 / DLEP2013 Y/N management or overlooking. It will be required as a condition of consent that the developer is responsible for retaining any resultant changes in level along adjoining boundaries. DLEP201 DLEP2013: 3 As above 6.14 Character and landscape assessment

60 Consideration LEP2005: Y of character Development in the surrounding area and landscape consists of a mix of single, split level and two storey dwellings. The character of these dwellings includes a variety of styles and materials. The space between the dwellings generally consists of open turfed areas with defined gardens. Gardens are also particularly evident along the road boundaries of the sites. In addition a scattering of larger mid-block trees are interspersed across the neighbourhood. The proposed development as a whole will be visually more prominent on the site than the existing dwelling although the scale of each dwelling is average compared to the scale of dwellings in the vicinity. On balance it is considered that the development is generally consistent with the established streetscape character of the neighbourhood.

It is also considered that the resultant development is not obtrusively different to the character and scale of the surrounding dwellings to such an extent that it would warrant refusal of the development application.

Refer also to the 6.1 Character and Amenity section of this report for further discussion. DLEP201 DLEP2013: 3 As above 6.18, 6.21

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Clause Provisions Proposed / Comment / Assessment Compliance LEP 2005 / DLEP2013 Y/N 66 Detailed A landscape plan was provided with the Y landscape plan development application in accordance for certain with this clause. The submitted plan residential included a plant schedule, planting criteria development and plant layout. The detail provided was adequate for assessment but was considered to lack sufficient variety to offset the extent of site development. It will be required as a condition of consent that the landscape plans are amended to achieve an appropriate garden setting and complement the surrounding streetscape. 74 Development LEP2005: affecting Consent cannot be granted to places or sites development that is likely to have an of known or adverse impact on an Aboriginal place, or potential a potential Aboriginal place, or that will be Aboriginal carried out on an Aboriginal object. heritage A search of the Office of the Environment significance and Heritage’s Aboriginal Heritage Information Management System has shown that there are no Aboriginal sites recorded or Aboriginal places declared in or near the above location. DLEP201 DLEP2013: 3 As above 5.10 76 Development LEP2005: Y in the curtilage Consent cannot be granted to of a heritage development in the curtilage of a heritage item or in a item or in the vicinity of a heritage heritage conservation area unless there has been conservation an appropriate assessment of heritage area impact. There are no heritage items or heritage conservation areas within close vicinity of the site with the nearest heritage item (G022 – Bonnie Doone) located approximately 160m to the south east, in Moore Street. DLEP201 DLEP2013: 3 As above 5.10 Bushfire Protection 78 Consideration The subject site is located outside any Y of bushfire bushfire prone land with the nearest protection affected land being identified as buffer to Category 1 bushfire prone land and

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Clause Provisions Proposed / Comment / Assessment Compliance LEP 2005 / DLEP2013 Y/N located approximately 116m to the north west. It will be required as a condition of consent that the development adopts appropriate measures to achieve protection against ember attack and radiant heat, as outlined in Council’s Better Living DCP. The above requirements are considered adequate given the structures, work and open spaces between the site and the bush fire hazard. Hazard and Risk Assessment 87 Crime The proposed development is considered Y minimisation to allow appropriate site activation and assessment provides for good division between private and open spaces. The development is considered to be consistent with the principles of crime prevention in terms of surveillance, access control, territorial reinforcement and space management. The resultant spaces are able to be easily maintained and suitable for intended use. Services and infrastructure 95 Provision of LEP2005: Y services for Stormwater has been discussed under specific land clause 57 of this table and it will be uses conditioned that an on-site detention system is implemented to effectively manage stormwater run-off. The site is not in an area subject to the authority of the Water NSW (formerly Sydney Catchment Authority). Council mapping indicates that a reticulated sewer service is provided to the site. It will be required as a condition of consent that satisfactory arrangements are made with Sydney Water for the provision of Sewer and Water in terms of availability and capacity. DLEP201 DLEP2013: 3 As above 6.24 Vehicular access, parking and roads

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Clause Provisions Proposed / Comment / Assessment Compliance LEP 2005 / DLEP2013 Y/N 98 Access to The development is considered to provide Y land from a adequate vehicular access in terms of public road grades and manoeuvrability. Sight distances at the Glenbrook Road and Benjamin Lane intersection will comply with the relevant Australian Standards. Driveway access will be compliant with the requirements of the relevant Australian Standards. 99 Car parking The increase in traffic generated by the Y provision development is considered to be minimal and within the capacity of the adjoining roads given the expected use by the development. The development is satisfactory in terms of vehicular traffic, exits from and entrances to the site and onsite parking. Privacy 104 Privacy for The proposed development is designed Y other such that all habitable room windows will residential avoid any direct outlook to the habitable development room windows or private open space of adjacent dwellings. The proposed dwellings are both oriented north which, when combined with the relative level nature of the land, ensure that privacy is maintained. It will be required as a condition of consent that the applicant is responsible for the construction of a 1.8m boundary fence between the subject site and the adjoining northern property as well as along the boundary between the proposed dwellings. Energy Efficiency 105 Energy The proposed development is considered Y efficiency to be designed such that it should maximise energy efficiency and achieve appropriate sunlight access to the proposed development whilst avoiding adverse overshadowing to adjoining properties. Equity of access and housing choice 108 Accessibility of The proposed development meets the Y dwellings requirement of this clause that at least 1 dwelling is to be accessible to people with a disability, with dwelling 2 being that accessible dwelling. This requirement shall be included in the conditions of consent.

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Clause Provisions Proposed / Comment / Assessment Compliance LEP 2005 / DLEP2013 Y/N 109 Adaptability of The proposed development meets the Y dwellings requirement of this clause that all dwellings are to be adaptable. 110 Housing The development complies with the Y choice requirement that one dwelling is to have a gross floor area less than 100m2, with dwelling 2 being the nominated dwelling. Accessible Housing 112 Who can live The development can only be occupied Y in accessible by: housing a) older people and people with a disability, or b) people who live with older people or people with a disability, or c) staff employed to assist in the administration of and provision of services to housing provided under this clause.

It will be required as a condition of consent that a restriction as to user is registered over the title limiting the use of the development as specified above and in accordance with section 88B of the Conveyancing Act 1919.

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Clause Provisions Proposed / Comment / Assessment Compliance LEP 2005 / DLEP2013 Y/N 113 Location and The proposed development is located Y access to within an accessible housing area as services shown on Map Panel A. Reasonable pedestrian access is considered to be provided from the pedestrian entrance of the development to Village Neighbourhood Centre zoned land at Glenbrook as well as the Village Town Centre zoned land at Blaxland. This access is via a bus stop located on Levy Street, near Glenbrook Road, and approximately 125m from the site.

The path of travel to the bus stop is a sealed footpath that was provided in relation to a previous Seniors Housing development on the corner of Glenbrook Road and Railway Street, just to the south of the development. At its steepest, the grade of the road is approximately 1:15 over 60m, and averages approximately 1:20 over its full length. This path of travel complies with the requirements that its grade does not exceed 1:12 for more than 15m at a time.

The pedestrian access will only require the crossing of Levy Street which is a local road and can be achieved under safe conditions including good sight distances. 115 Support The development can provide emergency Y services and response alarms located in each dwelling. facilities It is considered that the dwellings will have reasonable access to support services. The provision of the alarm system will be included in the conditions of consent.

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Clause Provisions Proposed / Comment / Assessment Compliance LEP 2005 / DLEP2013 Y/N 116 Safe and The proposed development is considered Y convenient to be able to provide a continuous access accessible path of travel from the entrances of both proposed dwellings to parking areas. The main area of concern relates to the requirement to move the garbage bins to and from dwelling 2 along Benjamin Lane for garbage collection from Glenbrook Rd. Benjamin Lane is not sufficiently wide to allow a designated footpath as well as the road seal, and the expected level of use would not justify this work. The expected traffic generation and use along Benjamin Lane is considered adequate to allow a co-use of the lane way. Locality management within Living Zones Schedule Living General Maximum building height 8m and eaves Y 2, 6.5m. Proposed building height 5.8m and eaves 3.4m. Part 1 Maximum front setback 20% of average Y (average 8.2m) therefore required front setback is 6.6m. Proposed front setback 8m. Minimum setback to secondary road N frontage 4m. Proposed setback 2.4m.

The original submitted application included a side setback that was compliant with this provision. However during the assessment process concern was raised in relation to the extent of solar access achieved to the private open spaces. The final amendment significantly improved the solar access but resulted in this area of non-compliance.

The applicant has submitted a SEPP 1 objection which is provided at section 1.3 of this report. Maximum width across an allotment 80% Y (13.4m). Proposed width 12.7m. Minimum setback side or rear boundary Y 1m. Proposed side setback 1.6m and rear setback 1.3m. Location to ensure bulk and scale is Y considered consistent with the existing streetscape and promotes an appropriate landscape setting.

Refer to the 6.1 Character and Amenity section of this report for further discussion.

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Clause Provisions Proposed / Comment / Assessment Compliance LEP 2005 / DLEP2013 Y/N Overshadowing of adjoining buildings Y (living areas and private open space) minimised. Design and location responds to site Y constraints and minimise site disturbance. 2 Maximum site cover 40% (269.8m ). Y Proposed site cover 39.6% (266.87m2). Minimum soft, pervious or landscaped 40% Y (269.8m2). Proposed soft, pervious or landscaped area is 317.8m2 (47%). Maximum floor space ratio 0.4:1. Y Proposed floor space ratio 0.31:1. DLEP201 DLEP2013: Y 3 Maximum floor space ratio 0.35:1, 4.3, complies. 4.3A,4.4 Maximum height of building 8m, complies.

1.2 New Policy Introduced in DLEP 2013 Draft LEP 2013 permits Seniors Housing development with consent in the proposed Low Density Residential (R2) zone for the site. The relevant provision for such development is provided within the State Environmental Planning Policy Housing for Seniors or People with a Disability 2004 (SHSEPP). A review of the proposed development has been undertaken against the SHSEPP. Where provisions are consistent or similar to the provisions under LEP 2005 or the BLDCP, this has just been noted, whilst new or substantially different provisions have been discussed in fuller detail. Clause Provisions Comment Compliance 26 Location and access to Facilities and services or access Y facilities to a public transport system, within 400m and by a suitable access pathway. 28 Water and sewer Connection to reticulated water Y system and have adequate facilities for the disposal of sewage. 29 Consider certain site Consideration of criteria relating Y compatibility criteria to the natural environment, services and infrastructure and bulk, scale, built form and character. 30 Site analysis Consideration of site analysis Y relating to specific criteria including site dimensions, topography, services, vegetation, overshadowing, neighbouring building, privacy and character. 31 Design of in-fill self-care Consideration of the provisions Y

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Clause Provisions Comment Compliance housing of the Seniors Living Policy: Urban Design Guideline for Infill Development. Provisions relate to site planning streetscape, neighbours and amenity. 33 Neighbourhood amenity The proposed development Y and streetscape must be assessed in terms of character, any heritage matters, neighbourhood amenity, set back, landscape planting, retain trees and riparian zone. 34 Visual and acoustic The proposed development Y privacy should consider privacy in terms of window location, screening and landscaping. Location of bedrooms away from driveways, parking areas and paths. 35 Solar access and design Ensure adequate daylight to Y for climate living areas and private open spaces of adjoining properties. Consideration of living area windows having northerly aspects. 36 Stormwater Control and minimise site Y disturbance and impacts of stormwater runoff, including on site stormwater detention and re-use. 37 Crime prevention Assess security and crime Y prevention in terms of site planning and passive observation. 38 Accessibility Development of safe pedestrian Y links to public transport and convenient access and parking for residents and visitors. 39 Waste management Provisions of appropriate waste Y facilities including recycling. 40 Development standards • Minimum lot size 1,000m2. N The proposed development does not comply with this requirement at 674m2. (There is currently no minimum lot size prescribed for this use under LEP 2005) • Minimum site frontage 20m. Proposed site frontage being 16.8m.

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Clause Provisions Comment Compliance

Section 79C of the Act requires Council to take into consideration the provisions of DLEP 2013 and therefore the provisions of the SHSEPP policy. The Courts have developed a body of caselaw to the effect that a Draft LEP will be given greater weight when it is “certain and imminent”. Notwithstanding the question of certainty and imminence, Council can grant consent to a development application which does not comply with the draft instrument if the development, on balance, is supportable, notwithstanding the area of non- compliance. • Maximum building height 8m. Y Proposed building height 5.8m. • Maximum 2 Storey adjacent to boundary. Proposed 1 storey development. • Building to rear 25% of site must not exceed 1 Storey. Proposed 1 Storey development. 50 Standards that cannot Maximum building height 8m. Y be used to refuse a Proposed building height 5.8m. development Maximum floor space ratio 0.5:1. Y Proposed floor space ratio 0.31:1 Minimum landscaped area 30% Y of site (202m2). Proposed landscaped area 47% of site (317.8m2). • Minimum deep soil zones Y 15%, minimum 3m width (101m2). Proposed compliant deep soil zone 31% (209m2). • Two-thirds of required deep soil zone (67m2) to rear of site. Proposed deep soil zone 84m2.

The SHSEPP and the guidelines

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Clause Provisions Comment Compliance for infill development do not prohibit the location of deep soil zones within private open spaces however it is noted that the rear deep soil zone is located within private open space area and that this could inhibit its future functionality. • The living rooms and private Y open spaces of 70% of dwellings are to receive 3 hours sunlight between 9am and 3pm in mid-winter. Both dwellings comply with this requirement.

The sunlight to dwelling 1 begins to reduce after 12 noon whilst the private open space and living rooms of dwelling 2 receives compliant sunlight for the full period. Private open space is to be Y provided to each dwelling that is • Minimum area 15m2. • one area a minimum of 3m x 3m accessible from living area. Parking at 0.5 a space for each Y bedroom. Both dwellings are 2 bedroom, therefore 1 space required for each dwelling.

1.3 State Environmental Planning Policy No. 1 A State Environmental Planning Policy No. 1 (SEPP 1) objection has been lodged to vary to requirement of LEP 2005 in terms of setback to a secondary road.

Development standard objected to Schedule 2, Part 1, Clause 2 (Building setback) subclause (1) (b) requires a minimum of 4 metres setback from a secondary road frontage on a corner block.

Nature and extent of non-compliance with the side setback standard The minimum setback is 4m whilst the proposed development has a minimum side setback of 2.4m. This is a variation of 1.6m or 40%. The 2.4m setback relates to dwelling 1 whilst dwelling 2 has a minimum side setback 2.8m and a variable setback of up to 4.8m.

Objectives of the side setback standard The LEP does not state specific objectives for this standard but it could be reasonably considered that the standard aims to ensure secondary road frontages avoid development that has a mass and scale that is visually obtrusive when viewed along the secondary road. The side setback and resultant landscaping will allow a softening of the visual transition as

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you round the corner block and approach other dwellings that may face the secondary road as their main frontage and that are set further back.

Justification for the non-compliance with the side setback standard The applicant submitted the following justification for the propose non-compliance.

There are other examples of development along Benjamin Lane with similarly reduced setbacks from Benjamin Lane. This reduction in setback enhances solar access to private yard areas and increases separation from adjoining neighbours improving privacy.

The applicant states that compliance is unreasonable as increasing the setback would mass the proposed buildings closer to the existing adjoining dwelling, reducing the separation between these to not be consistent with the objectives of the zoning which is to “To ensure that residential and non-residential development maintains and improves the character of residential areas, in a manner that minimises impacts on the existing amenity and environmental quality of those areas”.

In terms of other environmental impacts such as overshadowing or loss of privacy to adjoining neighbours, there is no additional adverse impact generated by these variations.

Whether compliance with the side setback standard is unreasonable or unnecessary It is agreed that there are numerous examples of development along Benjamin Lane with similarly reduced setbacks. The dwelling directly south of the site has a 15m side elevation that is setback approximately 2.6m from the road reserve. It is also noted that there are no dwellings that currently face Benjamin Lane. The other buildings that have variable setbacks to Benjamin Lane generally comprise of ancillary structures such as garages, car ports and garden sheds. The subject portion of Benjamin Lane is a service lane that only runs to the adjoining informal car park area of an adjoining Place of Public Worship facing King St.

Other considerations in deciding whether concurrence should be granted (in accordance with Clause 8 SEPP1): Non-compliance with the development standard is not considered to raise any matter of significance in terms of State or Regional environmental planning policies

There is not considered to be a substantial public benefit in maintaining the planning controls adopted by the environmental planning instrument.

Whether the SEPP 1 objection is well founded It is considered that the objection is reasonable and that the proposed variation will not result in a development that will have a resultant bulk or massing that would justify refusal on the basis of this non-compliance.

1.4 Sydney Regional Environmental Plan No. 20 - Hawkesbury Nepean River The subject site is within the sub catchment of the Middle Nepean and Hawkesbury Rivers and is subject to the provisions of this policy. The objectives of the policy is to protect the environment of the Hawkesbury-Nepean River system by ensuring that the impacts of future land uses are considered in a regional context. The proposed development is considered consistent with clause 5 (General planning considerations) of the policy and is acceptable in terms of potential impacts on the environment. The proposed development is also considered consistent with clause 6 (Specific planning policies and recommended strategies) in terms of contributing to Total Catchment Management as well as control of water quality and quantity.

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2.0 Section 79C(1)(a)(ii) Proposed Instruments There are no draft environmental planning instruments that apply to the subject site.

3.0 Section 79C(1)(a)(iii) Development Control Plans 3.1 Better Living Development Control Plan The proposed development has been assessed against the provisions of the Better Living Development Control Plan (BLDCP) with significant points of consideration above the provisions of LEP 2005 and DLEP 2013 being identified and discussed in the table below. Clause Standard Proposed Compliance D5.2 Biodiversity The proposed development will not alter the Y natural ground level by more than 1 metre with the greatest alteration being less than 500mm and contained to the centre of the site.

D5.7 Bushfire The site is not identified as Bushfire Prone Y Land even so some minimum construction standards will apply to the dwellings. This includes non-combustible roofing, flame resistant sarking and gutter guards and non- continuous bearers and joists for decks etc. These will be included in the conditions of consent. D5.8 Services The proposed development includes adequate Y area to each dwelling for the storing garbage, recycling and composting bins with each of the garages being deep. It will be required as a condition of consent that a clothes line is provided within each private open space. Dwelling 1 will have direct access to Glenbrook Rd for garbage collection however the occupants of dwelling 2 will need to move the bins along Benjamin Lane to Glenbrook Rd. Benjamin Lane has a road seal but has narrow and unsealed footpath areas. Use of Benjamin Lane in this way is considered supportable given the short distance, level road and infrequent traffic use. It will be required as a condition of consent that a letter box is provided for each dwelling with street numbers clearly identifiable. It will also be required that electricity and gas services are provided underground. D5.9 Vehicular Car parking spaces are required at the rate of Y access, 0.5 spaces per bedroom with each of the parking & dwellings having two bedrooms. roads Adequate residential car parking is provided on site.

No provision has been made for onsite visitor car parking although informal parking is available along the driveway to dwelling 1. This is considered supportable given the size of the proposed development.

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Clause Standard Proposed Compliance

Vehicular access has been assessed by Council’s Development Engineers who consider it suitable given the nature of the surrounding road traffic.

Each car parking space exceeds the design requirement of being 6m x 3.2m and will have an internal clearance in excess of 2.5m. It will be required as a condition of consent that the garages are provided with power-operated roller door.

D5.12 Adaptability The development meets the requirement that Y all dwellings are designed to be adaptable. It will be required as a condition of consent that the development includes appropriate circulation space, power outlets, illumination levels, kitchen set-out, work surfaces, clearances, bathroom/toilet facilities and access requirements.

4.0 Section 79C(1)(a)(iii)(a) Planning Agreement There are no planning agreements that apply to the proposed development or the subject site.

5.0 Section 79C(1)(a)(iv) The Regulations The Environmental Planning and Assessment Regulation 2000 (the Regulations) provide controls and regulations that relate to the management of the proposed development. These requirements are inherent in the assessment processes undertaken for the proposal.

6.0 Section 79C(1)(b) Likely Impacts 6.1 Character and amenity The most prominent potential impact is considered to revolve around the combined impact of vegetation removal and scale of development. The site itself is one of the smallest existing lots in terms of size relative to the other lots in the surrounding catchment. This means that variations from the average could potentially have a more noticeable relative impact.

6.1.1 Vegetation It has previously been noted that the site includes 2 large canopy trees located to the rear of the site, one of which will be removed in association with the proposed development. The nature of the site and the proposed development includes replanting however this is primarily along the front (western) and side (southern) frontages. The subject site is located in an area that has pockets of good mid-block trees but these do not form a continuous visual spine within the neighbourhood. The surrounding area, particularly along this portion of the street, has a stronger presence of front boundary and front setback planting.

The existing trees are visible from areas along the road reserve and the loss of one tree will contribute visually to tree loss in the area however it is considered that the vegetation retained and the additional landscaping proposed will be sufficient to mitigate this visual loss.

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It will be required as a condition of consent that the submitted landscape plan is amended to clearly identify the need to protect the retained tree during the construction phase.

6.1.2 Scale Development in the surrounding area consists of a mix of single, split level and two storey dwellings with the character of dwellings spread over a range of styles and materials. The dwellings in the surrounding area generally have reasonable visual separation that is framed by boundary landscape features and an open front setback. The proposed development manages to continue this front setback approach to the dwelling that is facing Glenbrook Road which has a 8m front setback, a single driveway and landscaped features within the setback. The proposed dwellings are single storey and not substantially different to the scale of other dwellings in the vicinity.

The proposed development results in the removal of a dwelling of simple design and a stand- alone garage separated by approximately 3.5m. The proposed new dwellings are similarly simple in design and of similar scale. It is considered that each proposed dwelling in the development has a built scale and height that is consistent with the existing building and well within the scope present in the surrounding area.

The primary visual difference is the character of the development when viewed along Benjamin Lane and the massing for the two dwellings being visually contrary to the generally massing of dwellings in the vicinity.

Potentially this proximity and massing of built elements could create a scale and character that is at odds with that of the surrounding area. However, this massing is only evident from the adjoining Benjamin Lane frontage and from an approximately 20m view corridor when viewed from Glenbrook Road at its intersection with Benjamin Lane.

The proposed development appropriately resolves potential privacy impacts to adjoining properties with the built height and location being consistent with the surrounding area. The proposed massing of the development is unfortunate but it is noted that this element could not be resolved without deletion of one of the dwellings. The issue of massing is not considered sufficient to warrant refusal. The scale of the development is otherwise consistent with the surrounding area whilst the massing of the development is only visible along a view corridor from the intersection of Glenbrook Road and Benjamin Lane.

7.0 Section 79C(1)(c) Suitability of the Site It is considered the proposed application is suitable in terms of the character and scale of the proposed development and appropriately mitigates potential impacts on adjoining properties. The visual massing of the development is not considered sufficiently obtrusive to render the development unsuitable for the site. The land is level, well drained and can be appropriately developed to mitigate environmental impacts on site and to the surrounding area.

8.0 Section 79C(1)(d - e) Submissions and Public Interest 8.1 Submissions As identified in the ‘Notification’ section of this report, the application was advertised by written notification to adjoining properties. One (1) submission was received as a result of this notification process.

The following concerns were raised in the submission with additional comment provided for consideration.

• Request information on the ownership of Benjamin Lane as the 2nd dwelling accesses it. The Benjamin Lane road reserve had previously continued to the eastern end of the adjoining informal car park however the eastern portion of it had previously been sold to

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the adjoining Place of Public Worship. Even so, Benjamin Lane remains a formed and Council controlled road reserve up to a point approximately 9m beyond the subject site. Access from the 2nd dwelling to Benjamin Lane is legal and appropriate. Engineering conditions have been provided in the conditions of consent to ensure the development complies with the relevant standards.

• The vacant land to the east of the site is owned by a Place of Public Worship and used for informal overflow parking. They wish to ensure no complications result in terms of this existing use or future upgrade of the car parking area. The development will result in an single vehicular access point to Benjamin Lane, which continues the existing garage access to Benjamin Lane. Any resultant increase in traffic generated by the development is considered to be minimal and well within the capacity of the lane. Vehicles using the lane, whether from the development or the informal overflow parking area, are subject to the relevant road rules. This is considered sufficient to appropriately regulate any vehicular use of the lane.

9.0 Community Contribution The Blue Mountains City-Wide Section 94A Infrastructure Contributions Plan was adopted by Council on 15 October 2013 and applies to the site. Section 3.1 of the plan identifies the levies payable based on the cost of development. The proposed cost of development ($433,000) attracts a levy of 1%.

It will be included as a condition of consent that a S94A Contribution of $4,330 is provided prior to the issue of a construction certificate.

Conclusion The proposed development is considered to be appropriately designed in terms of potential height, character and privacy to be consistent with the character of the surrounding area. The primary variation is related to the proposed massing which is only viewed along a corridor at the Glenbrook Road and Benjamin Lane intersection. The limited overall impact of this massing is not considered sufficient to warrant refusal.

The development does not comply with the minimum lot size and frontage requirements that apply to the site under DLEP 2013 which Section 79C of the Act requires Council to consider. Council can grant consent to a development application which does not comply with the draft instrument if the development, on balance, is supportable, notwithstanding the area of non-compliance. It is considered that the proposed development is supportable even given the identified areas of non-compliance.

ATTACHMENTS/ENCLOSURES

1 X-759-2014 - Conditions 15/28785 Attachment 2 X-759-2014 - Plans 15/28787 Attachment

* * * * * * * * * *

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Attachment 1 - X-759-2014 - Conditions Part 1 - General

Confirmation of relevant 1. To confirm and clarify the terms of consent, the development shall be plans and documentation carried out in accordance with the following plans and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent:

Document Prepared by: Drawing No Issue Date Accessible Housing Frank Kosztelnik and 2780 1C 4 December 2014 Development Associates Landscape Concept Monaco Designs Pty Ltd 3845 1 4 August 2014 (as amended in red)

Building Code of Australia 2. All building work must be carried out in accordance with the provisions of the Building Code of Australia.

Construction certificate 3. A construction certificate is required prior to the commencement of any (building) site or building works. Council’s Blue Mountains Certification Unit has been appointed in your application as the Principal Certification Authority and will provide the construction certificate separately.

Occupation Certificate 4. The building shall not be used or occupied prior to the issue of an Occupation Certificate in accordance with Sections 109H and 109M of the Environmental Planning and Assessment Act 1979.

BASIX 5. Under clause 97A(3) of the Environmental Planning and Assessment Regulation 2000, it is a condition of this development consent that all the commitments listed in each relevant BASIX Certificate for the development are fulfilled. In this condition: 1. relevant BASIX Certificate means: a) BASIX Certificate 15160054, issued 31 July 2014 (or, if the development consent is modified under section 96 of the Act, a BASIX Certificate that is applicable to the development when this development consent is modified); or b) if a replacement BASIX Certificate accompanies any subsequent application for a Construction Certificate, the replacement BASIX Certificate; and 2. BASIX Certificate has the meaning given to that term in the Environmental Planning and Assessment Regulation 2000.

Sydney Water 6. A Section 73 Compliance Certificate under the Sydney Water Act 1994 Section 73 Certificate must be obtained from Sydney Water Corporation prior to the issue of an Prior to issue of any Occupation Certificate. Occupation Make early application for the certificate, as there may be water and sewer pipes to be built and this can take some time. This can also impact on other services and building, driveway or landscape design. Application must be made through an authorised Water Servicing Coordinator. For help either visit www.sydneywater.com.au Plumbing, Building and Developing > Applications and Approvals >Applications, or telephone 13 20 92.

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The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to issue of any Occupation Certificate.

Section 94A Development 7. Pursuant to section 80A(1) of the Environmental Planning and Contribution Assessment Act 1979, and the Blue Mountains City-wide Section 94A Infrastructure Contributions Plan (Section 94A Levy Plan) adopted 15 October 2013 (“the Contributions Plan”), a contribution of $4,330 shall be paid to Council. This amount will be adjusted* at the time of payment in accordance with Section 3.7 of the Contributions Plan. The contribution shall be paid prior to the issue of a Construction Certificate. The Contributions Plan is available for inspection at Council’s Katoomba Office, 2 Civic Place, Katoomba Monday to Friday 8.30 am to 5.00 pm or Council’s Springwood Office 102-104 Macquarie Road Springwood, Monday to Friday 9.00 am to 5.00 pm, or on Council’s website at www.bmcc.nsw.gov.au. *Using the All Groups Consumer Price Index (Sydney), as published by the Australian Bureau of Statistics. You are advised to check the current amount payable with Council prior to any payment.

Access and mobility design 8. Access and facilities shall be provided for people with a disability in accordance with the following: 1. Dwelling 2 shall be accessible to the extent required under Clause D5.13 of the Better Living Development Control Plan 2. Dwelling 1 shall be adaptable to the extent required under Clause D5.12 of the Better Living Development Control Plan The development shall be consistent with the principles of the Disability Discrimination Act 1992 and nothing is this condition should be construed as altering any obligations imposed under the Act.

Safety and operational 9. To ensure appropriate safety and operation facilities are provided, the devices development shall comply with the following: 1. An emergency response alarm shall be provided in each dwelling in accordance with Clause 115 of Local Environmental Plan 2005. 2. Minimum 3.5 star hot water system, dual flush toilet facilities and AAA rated water saving devices shall be provided in each dwelling in accordance with clause D5.11 of Council’s Better Living Development Control Plan. 3. Power operated roller door facility shall be provided to each dwelling in accordance with clause D5.9 of Council’s Better Living Development Control Plan.

Bushfire Standards 10. To assist in protection of the dwellings in the event of a bushfire, the minimum construction standards for all habitable buildings under clause D5.7 of the Better Living Development Control Plan shall be used in the construction. The relevant standards relate to roofing material, sarking, gutter barriers and bearer/joist material.

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Council’s Specifications for 11. All engineering works required by this development (including sediment Engineering Works and erosion controls, road, driveway and drainage works) are to be in accordance with Council's Specification for Engineering Work for Subdivisions and Development, Part 1—Design and Part 2— Construction (Development Control Plan No. 31), Australian Rainfall and Runoff 2001, AS2890.1/2004 , current editions of “Australian Standard No. 1742.3-2009: Manual of Uniform Traffic Control Devices - Traffic Control for Works on Roads” and “Roads and Traffic Authority(RMS) Manual—Traffic Control at Work Sites Version 4.0/2010” and Work Cover requirements, and other relevant best practice and Australian Standards. The works to be at no cost to Council. The design and construction is to include any additional works, transitions and service adjustments to make the construction effective.

Implementation of 12. In order to provide for the establishment of a prominent landscape Landscape Plan character and setting on the subject site which will enhance the streetscape of the surrounding area and compensate the loss of numerous canopy trees, extensive landscaping of the site is required. Landscape works are to be undertaken in accordance with the approved landscape plan, by Monaco Designs dated 04 August 14, except as amended in red by Council, and as further specified by these Conditions. a. In order to compensate for the removal of mature Eucalyptus and Turpentine trees to the rear of the site, canopy refurbishment is required. A minimum of three (3) canopy trees, capable of achieving a minimum mature height of 15 metres are to be provided on the site, at least two of these within the front setback to Glenbrook Road. These must be native species to ensure conservation of the bushland character of the locality. The trees to be planted shall be maintained in a healthy and vigorous condition until they attain a height of 4.0 metres, whereby they will be protected by Council’s Tree Preservation Order. b. Landscaping is to incorporate plantings of sufficient number and complexity to ensure the promotion of a garden setting and the enhancement of privacy and amenity for each of the dwellings and adjacent properties.

c. Landscape planting is to be of an appropriate scale to ensure that the mature landscape contributes to the streetscape character and amenity.

d. All plantings of feature trees and screening shrubs are to be provided in an advanced stage of growth at planting (25 litre containers for shrubs and minimum 45 litre container for trees or equivalent if purchasing bare rooted specimens). Trees are to be at least 2 metres in height at planting.

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Plant material installation, 13. In order to ensure successful and rapid establishment and successful establishment and growth of installed plant material, particularly compensatory canopy maintenance trees, the following plant material selection, soil preparation and maintenance provisions are to be applied. i. At the time of planting, all landscape stock must be healthy and vigorous at the time of planting. Trees must be upright and self-supporting and the canopy largely symmetrical. Stem taper must be adequate and appropriate to the species, and there must be no evidence of included bark, wounding or bruising. All stock must be free of pests and disease ii. In order to provide an appropriate soil environment for the establishment of new plantings, soil de-compaction and soil other soil amelioration is to be undertaken prior to or concurrently with planting. All mass planting areas are to be ripped to a minimum depth of 300mm prior to addition of improved soil media. Tree plantings must be provided with a minimum depth of improved soil exceeding the pot depth by a minimum of 50%. To improve plant health and vigour, and enhance successful establishment, all plantings are to be provided with water crystal and fertilizers appropriate to the species at time of planting. iii. Following successful installation and establishment of the approved plantings, landscaped areas are to be adequately maintained for the life of the development. Plants that die or are removed are to be replaced with the same or similar species in an equivalent stage of growth, unless remaining plantings satisfactorily achieve the identified landscape functions.

Protection of vegetation 14. To ensure preservation of existing site vegetation and limit site disturbance, trees and other vegetation to be retained are to be protected from accidental damage and other deleterious impacts during site preparation and approved construction works. Areas so protected are to be regarded as exclusion zones.

Fencing of exclusion zones:

High visibility and/or sturdy fencing is to be used to establish exclusion zones around retained trees and other vegetation where these occur within areas likely to be affected by construction activities and/or materials storage. This is particularly important so as to ensure protection and conservation of the significant indigenous Eucalyptus tree on the boundary alignment of Benjamin Lane.

Such devices are to be positioned prior to the commencement of any site works, and are to be maintained in good order until the completion of construction activities.

Restriction of activity within exclusion zone:

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Within this zone, there is to be:

a) no placement of temporary buildings or stockpiling of material or waste

b) no parking or movement of machinery

c) no change to the soil grade or level

d) no changes to soil aeration or hydrological capacity

e) no open cut trenching

f) no spillage, disposal or run-off of building chemicals of any description.

An inspection of these barriers is to be undertaken by the Principal Certifying Authority at the first critical mandatory stage inspection and thereafter at each inspection until the completion of all site works.

Accidental damage to trees 15. If, in the course of approved construction or excavation works, the tree and other vegetation to be which is to be protected suffers accidental damage to the primary root retained zone, trunk, crown or major branching, the tree shall be treated as soon as it is practicable, or within 48 hours (whichever is the lesser) by an Arborist or a qualified horticulturalist. If repair work is attempted and fails, or is impracticable, additional vegetation removal may be undertaken only following Council notification. Replacement planting of additional advanced to super-advanced landscape species, characteristic of the locality, or of the same species as the damaged tree, is a requirement should this situation arise. Where alternative species are proposed the selection must be approved by the consent authority.

Landscape Elements 16. The landscape elements shall include the following: 1. A fence to the private open space areas as identified on the Architectural Plan and 1.8m high. The developer shall be responsible for the cost and construction of a new boundary fence along the full length of the northern and eastern boundaries as well as any boundary retaining required for stability. The boundary fence is to be a 1.8m high timber paling fence. 2. A space saving clothes line shall be provided to each private open space in accordance with clause D5.8 of the Better Living Development Control Plan. 3. A separate letter box is to be provided at or near the frontage to each dwelling in accordance with clause D5.8 of the Better Living Development Control Plan. Given the importance of timely re-establishment of the landscape character of the site, screen plants and feature trees must be in an advanced stage of growth at the time of planting.

Sedimentation and erosion 17. The applicant shall engage a qualified person to prepare a sediment and control erosion control plan in accordance with the principles outlined in the

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‘Managing Urban Stormwater Soils and Construction’ (Volume 1), dated March 2004 by Landcom NSW. The applicant shall ensure sedimentation and erosion control measures are installed prior to commencement of construction and that these measures are also maintained at all times during construction in accordance with the plan. Prior to release of the Occupation Certificate, all disturbed areas are to be stabilised and all redundant sediment and erosion control structures are to be removed.

Materials & colours 18. To have regard of the amenity of the area, the materials and colours to be used are: External walls: Dulux “Grand Piano” Roof, gutters etc: Colorbond© “Gully” Trim: Haymes “Surface”. Windows: Stegbar “White Birch Any variation to the above materials / colours can be achieved but only with the written prior approval of Council.

Part 2 - Prior to the commencement of works in the road reserve Approval under the Roads 19. Prior to work commencing in Council’s roads, fully detailed engineering Act 1993 plans of all works within Glenbrook Road and Benjamin Lane (including driveway, drainage and service connections) prepared by a suitably qualified professional, are to be submitted to and approved by the Council under the Roads Act 1993. These plans are to include details of sediment and erosion controls and pedestrian and traffic management during the works in the road reserve. Fees for the assessment and approval of the plans will be charged in accordance with the Council’s Schedule of Fees and Charges.

Work Required in Council’s 20. The following engineering works shall be constructed by the applicant at Roads the applicant’s expense in Glenbrook Road and Benjamin Lane: 1. The construction of the discharge pipeline from the development site to the dish drain in Benjamin Lane. The piping is to be galvanised steel rectangular hollow sections (RHS). 2. For the driveways required across the Glenbrook Road and Benjamin Lane footways, new heavy duty concrete layback and apron crossings are to be constructed. This construction is to include any necessary alteration to existing infrastructures, drainage, signage, line markings etc. to make the construction effective including transition of the footpath and internal driveways, the adjustment of public utilities and regrading the driveways across the footways to facilitate quick entry/exit movements and prevent scraping of vehicles. 3. The driveway widths in Glenbrook Road are to be a minimum width of 3.0m at the road boundary and a minimum width of 6.0m at the future kerb and gutter alignment. 4. The driveway widths in Benjamin Lane are to be a minimum width of 4.0m at the road boundary and a minimum width of 5.0m at the dish

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drain alignment. 5. The obsolete driveway in Benjamin Lane is to be removed and replaced by topsoil and turfing. 4. The remaining footway area in Glenbrook Road is to be top soiled and turfed. The above construction shall include any necessary drainage and works to make the construction effective. In this regard minimal vegetation trimming to Council’s satisfaction is to be provided on either side of the driveway in Glenbrook Road to provide adequate sight distance.

Construction in Council’s 21. Prior to the commencement of works in the Council’s road reserve an roads onsite preconstruction meeting is to be arranged with Council’s Supervising Engineer. The person or company carrying out the works are required to have workers compensation and public liability insurance to the value of $10 million. Proof of the policy is to be provided to the Council’s Supervising Engineer at the preconstruction meeting. Inspections of the works will be required at specific stages, which will be advised at the pre-construction meeting. The applicant will be required to pay for the inspections in accordance with the Council’s Schedule of Fees and Charges. A minimum 48 hours notice is required to book an inspection. Works are not to proceed further until that stage of the works has been approved in writing by the Council’s Supervising Engineer.

Relocation of services 22. The applicant shall carry out the relocation or alteration of any public utilities or other existing services made necessary as a result of this development. Satisfactory arrangements shall be made with the relevant authority concerned. Services to the development are to be provided underground.

Erosion and sediment 23. Prior to the commencement of works that affect Council roads and prior controls, and Pedestrian and to commencing works in these road reserves all erosion and sediment Traffic Management controls, and pedestrian and traffic controls are to be installed in accordance with the approved Sedimentation and Erosion Control and Pedestrian and Traffic Management plans.

Part 3 – Demolition and Construction on site Demolition management 24. Demolition work is to be executed by a competent person, with due regard for safe working practices and in accordance with the requirements of the WorkCover Authority and Australian Standard 2601- 1991. At all times during demolition a competent person shall directly supervise work. It is the responsibility of the person to ensure that: + The structure to be demolished and all its components shall be maintained in a stable and safe condition at all stages of the demolition work. + Precautions are taken to ensure that the stability of all parts of the structure and the safety of persons on and outside the site are

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maintained particularly in the event of sudden and severe weather changes. + The site shall be secured at all times against the unauthorised entry of persons or vehicles. + Utility services within the structure not required to be maintained during the demolition work shall be properly disconnected and sealed off before any stripping or demolition commences.

Demolition of Buildings 25. In the event of asbestos being present, the applicant is to notify Council containing asbestos cement and adjoining residents, in writing, at least ten (10) working days prior to such demolition commencing. In the case of adjoining residents, such notification is to be a clearly written note, on at least note pad size paper, giving the date demolition will commence and be placed in the letterbox of every premises (including every residential flat or unit, if any) either side and immediately to the rear of the demolition site.

Disposal of Asbestos 26. All asbestos material, including asbestos cement, is to be disposed of to an approved waste management facility licensed to receive asbestos.

Display of signage 27. The developer will display appropriate asbestos/demolition signage prior to and during demolition works.

Site management 28. To safeguard the local amenity, reduce noise nuisance and to prevent environmental pollution during the construction period: 1. Site and building works (including the delivery of materials to and from the property) shall be carried out Monday to Friday between 7am-6pm and on Saturdays between 8am-3pm, excluding public holidays. Alteration to these hours may be possible for safety reasons but only on the approval of Council. 2. Stockpiles of topsoil, sand, aggregate, spoil or other material shall be stored clear of any drainage path or easement, natural watercourse, footpath, kerb or road surface and shall have measures in place to prevent the movement of such material off site. 3. Building operations such as brickcutting, washing tools, concreting and bricklaying shall be undertaken on the building block. The pollutants from these building operations shall be contained on site. 4. Builders waste generated under this consent (including felled trees, tree stumps and other vegetation) must not be burnt or buried on site. All waste must be contained and removed to an approved Waste Disposal Depot or in the case of vegetation, with the exception of environmental and declared noxious weeds, mulched for re-use on site.

Hoarding / fencing 29. To ensure the protection of the public, hoardings are to be provided on the each street frontage of the site to the requirements of NSW Workcover Authority.

Site stormwater system 30. All stormwater runoff from roof areas and internal paved driveways of the proposed development is to be collected and drained by a gravity flow

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piped stormwater drainage system and discharged by a piped underground drainage system to Benjamin Lane dish drain. The stormwater system is to be designed and endorsed by a qualified person for 1:100 years ARI 5 minutes duration storm in accordance with ARR 2001. Provision shall be made for an emergency overland flow path capable of conveying all surcharge flows up to and including the 1 in 100 years ARI storm event to Benjamin Lane.

On site detention 31. On site detention systems to restrict post-development discharges from the site to pre-development discharges for all storms up to and including the 1:100 year ARI storm shall be provided for the new development. The on site detention system shall be designed to incorporate the following: a) The OSD volume is to be calculated assuming that all water reuse tanks are full. b) An emergency overflow facility capable of safely conveying all storms up to and including the 1 in 100 year ARI storm to Benjamin lane c) Allowable storage depth shall be: • Car parks—0.2 metres maximum. • Underground tanks—0.8 metres minimum depth. • Rainwater tanks may be used. The OSD is to be similar to the provisions of D1.4.5 in the Better Living DCP. Engineering plans prepared and endorsed by a qualified person together with certification verifying the above requirements have been met shall be submitted to and approved by the Principal Certifying Authority prior to the commencement of site works.

Water quality treatment 32. Water quality treatment devices shall be installed to treat the runoff devices- Clause 57 LEP 2005 generated from all impervious areas of the site before discharging into requirements the Council road infrastructure. The devices are to be sized to satisfy Clause 57 of LEP 2005. Engineering plans prepared and endorsed by a qualified person together with certification verifying the above requirements have been met shall be submitted to and approved by the Principal Certifying Authority prior to the commencement of site works.

Internal driveway 33. Formation paving and sealing of the access driveways shall be provided together with any necessary drainage, retaining walls and other engineering works that may be required to make the construction effective. The driveways shall be designed in accordance with Australian Standard AS 2890.1/2004. Engineering plans prepared and endorsed by a qualified person together with certification verifying the above requirements have been met shall be submitted to and approved by the Principal Certifying Authority prior to the commencement of site works.

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Part 4 - Prior to the issue of an Occupation Certificate Repair of damage 34. The applicant shall repair or reconstruct all damages caused by construction activity relating to the development as required by the Council's Supervising Engineer prior to release of any Occupation Certificate.

Restore disturbed area 35. All disturbed earthworks and/or batters are to be restored, stabilised, topsoiled and turfed/revegetated to the Council’s Supervising Engineer’s satisfaction prior to release of any Occupation Certificate.

Certification by Council 36. Prior to the issue of the Occupation Certificate, a certificate shall be obtained from Council to verify that all works within the road reserves have been completed in accordance with the approved plans and to Council’s satisfaction.

Access and mobility – 37. To ensure the completed development has been constructed to provide verification access and facilities for people with a disability or limited mobility in accordance with the principles of the Disability Discrimination Act 1992 and as required by these conditions, written verification shall be provided by a suitably qualified Access and Mobility Specialist. The document shall verify that the completed development is accessible to people with a disability in accordance with:- 1. Dwelling 2 shall be accessible to the extent required under Clause D5.13 of the Better Living Development Control Plan 2. Dwelling 1 shall be adaptable to the extent required under Clause D5.12 of the Better Living Development Control Plan This verification statement is to be provided to the Principal Certifying Authority prior to the issue of an Occupation Certificate.

Nothing is this condition alters any obligations imposed under the Disability Discrimination Act 1992.

Landscaping verification 38. All works shown on the landscaping plans or detailed by these conditions shall be installed. Prior to the issue of an A suitably qualified horticulturalist or landscape architect shall provide occupation certificate verification that the completed landscaping works have been carried out in accordance with the approved landscaping plan. Healthy and vigorous plants generally consistent with the species nominated on approved landscape plans as feature trees and screen plantings, must be sighted in the landscape. Minor amendment is permissible should selected species fail to establish or be determined as unsuited to climatic constraints. The verification statement is to be provided to the Principal Certifying Authority prior to the issue of an Occupation Certificate.

On site detention and Water 39. To ensure the on site detention system and water quality treatment Quality positive covenant system (OSD/WQ) is satisfactorily maintained, a covenant under Section (OSD/WQ) 88E of the Conveyancing Act, 1919 shall be prepared and registered over the subject land. The terms of the 88E Instrument with positive covenant shall include, but

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not be limited to, the following: 5. The Proprietor of the property shall agree to be responsible for keeping clear and the maintenance of all pits, pipelines, trench barriers and other structures/devices. 6. The Proprietor shall agree to have the onsite stormwater detention facilities and water quality treatment devices (OSD/WQ) inspected at least annually by a qualified person. 7. The Council shall have the right to enter upon the land referred to above at all reasonable times to inspect, construct, install, clean, repair and maintain in good working order all pits, pipelines, trench barriers and other structures in or upon the said land which comprise the OSD/WQ or which convey stormwater from the said land and recover the costs of any such works from the Proprietor. 8. The registered Proprietor shall indemnify the Council and any adjoining landowners against damage to their land arising from the failure of any component of the OSD/WQ or failure to clean, maintain and repair the OSD/WQ. The applicant shall bear all costs associated in the preparation of the subject 88E Instrument. The wording of the Instrument shall be submitted to and approved by Council prior to lodgement at NSW Land and Property Information. Proof of lodgement with NSW Land and Property Information shall be submitted to Council prior to the issue of the Occupation Certificate. The Council is to be the only body with authority to vary either of the above provisions.

Compliance with Local 40. The dwellings within the development may only be occupied by: Environmental Plan 2005 for a) older people (aged 55 years or over) or people with a disability, Accessible Housing. b) people who live with older people or people with a disability, c) staff employed to assist in the administration of and provision of services to housing provided under LEP 2005. To ensure the appropriate occupation of the development is maintained, a restriction under Section 88B of the Conveyancing Act, 1919 shall be prepared and registered over the subject land limiting occupation in accordance with this condition. The applicant shall bear all costs associated in the preparation of the subject 88B Instrument. The wording of the Instrument shall be submitted to and approved by Council prior to lodgement at NSW Land and Property Information. Proof of lodgement with NSW Land and Property Information shall be submitted to Council prior to the issue of the Occupation Certificate. The Council is to be the only body with authority to vary either of the above provisions.

Numbering of Dwellings 41. To ensure appropriate identification of each dwelling, the following numbering shall apply: . Dwelling 1(Access to Glenbrook Rd) – 14 Glenbrook Rd Glenbrook . Dwelling 2 (Access to Benjamnin Ln) – 3 Benjamin Lane Glenbrook

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Attachment 2 - X-759-2014 - Plans

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ITEM NO: 20

SUBJECT: DEVELOPMENT APPLICATION NO. X/772/2014 FOR ALTERATIONS AND ADDITIONS TO THE DWELLING, AND A TWO STOREY POOL HOUSE ON LOT 2 DP 202730, LOT 2 DP 202731, 30 DARLEY STREET, KATOOMBA

FILE NO: F09162 - X/772/2014 - 15/27510

Recommendation:

That the Development Application No. X/772/2014 for alterations and additions to the dwelling, and construction of a two storey pool house on Lot 2 DP 202730 and Lot 2 DP 202731, 30 Darley Street, Katoomba be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this report.

Disclosure Disclosure of any political donation and/or gift - No

Report by Director, Development & Customer Services:

Reason for report Referred by Councillors.

Applicant Mr D A Breakspear

Owner Ms L T Belden

Application lodged 12 August 2014

Property address 30 Darley Street, Katoomba

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Site description The subject land is located at 30 Darley Street Katoomba and comprises 2 allotments having a total area of approximately 1119m2. The land slopes gently to the rear and is occupied by a single storey dwelling, a detached shed and garden structures.

Proposal The application proposes the demolition of the detached shed, construction of a first floor addition and alteration to the existing dwelling together with construction of an attached 2 storey pool house. A copy of the plans showing the site area and extent of the development proposed are provided in Attachment 2 to this Report.

Supporting The application is supported by: documentation • Architectural plans • Landscape plan • BASIX Certificate • External colour schedule • Statement of environmental effects • Shadow diagrams • Shadow projections

Environmental Blue Mountains Local Environmental Plan (LEP) 2005 Planning Instruments Zone: Living – General (Accessible Housing Area) Protected Area – Water Supply Catchment

Blue Mountains Draft Local Environmental Plan (DLEP) 2013 Zone: R2 – Low Density Residential

Development Control Plan Better Living

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011

Notification Consultation was undertaken in accordance with the requirements of Part L (Public Participation) of the Better Living Development Control Plan and the requirements under the Environmental Planning and Assessment Regulations 2000.

The application was initially notified for a period of 14 days from 21 August 2014 to adjoining and nearby properties.

As a result of this notification period one adjoining neighbour objected to the proposal and wrote a letter of objection to the applicants, providing Council with a copy. The adjoining neighbour engaged a consultant to prepare a submission on their behalf. The submissions raised concerns regarding overshadowing caused by the proposed additions and pool house due to the height of both structures.

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Council wrote to the applicant on 17 September 2014 and requested an amended design to reduce the overshadowing impacts of the proposal as it appeared that the proposal did not maintain 3 hours of sunlight to the adjoining neighbours habitable areas. The letter also requested a reduction in the eave height and the width of the development across the allotment.

Amended plans and shadow diagrams were submitted to Council. The height of the pool house was reduced by 500mm and the side boundary setback to the pool house was increased by 600mm. These plans were accompanied by shadow projections which indicated that the proposal maintains a minimum of 3 hours of sunlight to the adjoining living areas and private open space. The amended plans were renotified to adjoining and nearby property owners for a further period of 14 days from 31 October 2014.

During this notification period the adjoining neighbours’ consultant provided a further submission to Council and advised that the basis of the adjoining owners’ original submission remained. The consultant also contacted Council and requested a meeting with the adjoining neighbours and questioned the levels used by the applicant’s architect to prepare the shadow diagrams.

Council Officers met with the adjoining neighbours and their consultant on the 26 November 2014 to discuss the issues raised in the submissions. The adjoining neighbours raised further concerns about the bulk of the proposal and the impact that the proposal would have on their amenity and loss of views due to the pool house. The adjoining neighbours requested a further site meeting to consider the issues raised.

Council Officers attended a meeting at the adjoining neighbours’ property on the 5 December 2014 with the applicant, the adjoining neighbours and their consultant. As a result of the meetings the applicant provided Council with amended plans for consideration. The amended design included further reduction to the overall height of the pool house by 800mm and increased side setback of the pool house by an additional 210mm. The amended plans were renotified to adjoining and nearby property owners for a further period of 14 days from 12 January 2015.

As a result of the third notification period no formal submission was submitted to Council. The adjoining neighbours’ consultant has however forwarded an e-mail to Council advising that the amended plans did not address the adjoining neighbours’ concerns.

Evaluation The application has been assessed in accordance with Section 79C (Evaluation) of the Environmental Planning and Assessment Act 1979 (“the Act”). A commentary on the assessment of the development against the Section 79C

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evaluation matters has been detailed in this report for the Council’s consideration.

Implications of 10-50 The site is not located within the 10/50 Vegetation Clearing vegetation clearing Code of Practice entitlement areas. code of practice

Issues The following assessment issues are further detailed in the report: 1.1 Local Environmental Plan 2005 / Draft Local Environmental Plan 2013 1.2. State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 2.0 Proposed instruments 3.0 Development Control Plans 4.0 Planning Agreement 5.0 The Regulations 6.0 Likely Impacts 7.0 Suitability of the Site 8.0 Submissions and Public Interest 9.0 Community Contribution

1.0 Section 79C(1)(a)(i) Environmental Planning Instruments 1.1 Local Environmental Plan 2005 / Draft Local Environmental Plan 2013 The proposed development has been assessed against the provisions of LEP 2005 and DLEP 2013 with significant points identified and discussed below.

Clause Standard Proposed Compliance cl. 9 Considerations The development satisfactorily complies with Yes before the aims, principles, locality provisions and development the assessment requirements relevant to the consent development. cl.10 Aims of the Consistent with the aim of the LEP Yes DLEP plan DLEP 2013: As above 2013 cl.1.2 cl. 12 Principal The proposal is considered to comply with Yes objectives of the planning principles of LEP 2005. LEP Consideration of relevant principles and objectives are incorporated into the assessment below. DLEP DLEP 2013: As above Yes 2013 cl.1.2 cl.22 Objectives of The proposed development complies with Yes the Living – the relevant objectives of the zone. General Zone DLEP DLEP 2013: Complies with the R2 Low Yes 2013 Density Residential zone objectives cl.2.3 cl. 32 Development A dwelling house is a permissible land use Yes permissible on with development consent in the Living – subject land General zone.

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Clause Standard Proposed Compliance DLEP DLEP 2013: As above Yes 2013 cl.2.3 cl. 48 Protected Area The property is located within the Sydney Yes – Water drinking water catchment. An assessment Supply of the proposal has been undertaken which Catchment demonstrates that the development has a neutral or beneficial impact (NorBE) on water quality. cl. 53 Retention and The pool house is located in an area where Yes management there is an existing shed which will be of vegetation demolished. No vegetation is required to be removed. DLEP DLEP 2013: As above Yes 2013 cl.5.9 cl. 56 Site The proposed development is located within Yes disturbance & an existing cleared area. Sediment control erosion control measures will also be installed.

DLEP DLEP2013: As above Yes 2013 cl. 6.14 cl. 57 Stormwater Rainwater tanks with a total capacity of Yes management 18,000L are proposed with the overflow stormwater being disposed into the existing absorption trenches. DLEP DLEP 2013: As above Yes 2013 cl.6.9 cl. 58 Modification of Excavation will be required for the in ground Yes landform pool. To reduce the overall height of the pool house, additional excavation adjacent to and underneath the pool house is also required. cl. 60 Consideration The dwelling additions and alterations and Yes of character the pool house have been designed to and landscape complement the existing dwelling and are consistent with the streetscape. DLEP DLEP 2013: As above Yes 2013 cl.6.18 cl. 65 Landscaping The proposed development will not require Yes the removal of vegetation. A landscaping plan has been submitted which indicates additional plantings and maintenance of the existing established gardens. cl. 103 Privacy It is considered that the development will Yes have minimal impact in terms of privacy of adjoining dwellings, particularly habitable areas and private open space. To limit the potential of overlooking from the proposed balcony at the rear of the first floor addition adjacent to the pool house, a condition

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Clause Standard Proposed Compliance requiring a privacy screen on the southern side of the balcony is proposed to be included in the consent as shown in Attachment 1 to this Report. cl. 105 Energy The proposed dwelling has a valid BASIX Yes Efficiency certificate demonstrating compliance with all the relevant requirements. Schedule 2, Part 1 cl. 1 Building Height The proposed building height of the dwelling Yes is 8m and the height of the pool house is 6.6m. The proposed eave height of the dwelling is 6.5m and the pool house is 4m. The heights therefore comply with this clause. DLEP DLEP 2013: As above Yes 2013 cl. 4.3 cl. 2 Building There is no change to the front setback as Yes Setback the proposed works are located behind the front building line. The proposed pool house is located 2.01m from the side boundary where the minimum side setback is 1m.

The maximum allowable width of the development across the allotment is limited to 17.8m. The width of the proposed development is 17.1m which complies.

Notwithstanding the numerical standards for Yes boundary setbacks, the location of buildings on a lot is also to ensure: i) The bulk and scale of development is consistent with the existing streetscape and promotes a prominent landscape setting; and ii) Overshadowing of adjoining buildings and impacts on solar access to the living areas and private open space of those buildings is minimised.

These aspects of the development are discussed in further detail in the following sections of the Report relating to ‘Submissions’. cl. 3 Site coverage The proposed site coverage is 383.83m2 Yes where the maximum allowable site coverage is 447.8m2.

A minimum of 40% of the site is required to be retained as soft, pervious or landscaped areas. The area of the property being retained as pervious is 724.7m2 which is approx. 65% - 184 - USING LAND Item 20, Ordinary Meeting, 24.03.15

Clause Standard Proposed Compliance cl. 4 Development The maximum floor space ratio for Yes density development in the Living General zone is 0.35:1.

The proposed floor space ratio complies with this clause. DLEP DLEP 2013: As above Yes 2013 cl. 4.4

New policy introduced in DLEP2013 relevant to this development application: Clause Standard Proposed Compliance DLEP Groundwater The site is mapped as being a moderate Yes 2013 cl. Vulnerability risk. The proposed dwelling additions will be 6.8 connected to the reticulated sewerage system and adequate provision is made for stormwater drainage. Impacts on groundwater are not likely to occur as a result of the proposed development.

1.2 State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 Clause Standard Proposed Compliance cl.10 Development Clause 10 of SEPP (Sydney Drinking Water Yes consent Catchment) 2011 states “A consent authority cannot be must not grant consent to the carrying out of granted unless development under Part 4 of the Act on land neutral or in the Sydney drinking water catchment beneficial unless it is satisfied that the carrying out of effect on water the proposed development would have a quality neutral or beneficial effect on water quality”

An assessment has been made of the Neutral or Beneficial Effects (NorBE) of the development using the Sydney Catchment Authority’s (SCA) online tool, and it has been determined that the proposed development will have a neutral of beneficial effect on water quality in the catchment. Erosion and sedimentation controls have been proposed and will be conditioned on the Development Consent.

2.0 Section 79C(1)(a)(ii) Proposed Instruments Draft LEP 3013 applies to the site and has been considered above in this report. There are no other draft environmental planning instruments that apply to the subject site.

3.0 Section 79C(1)(a)(iii) Development Control Plans 3.1 Better Living Development Control Plan The proposed development has been assessed against the provisions of the Better Living Development Control Plan (BLDCP) with significant points of consideration (not previously considered in Section 1.0 of this report) identified and discussed in the table below.

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Clause Standard Proposed Compliance cl.1.2 Biodiversity There will be no vegetation removed and the Yes development will have no adverse impacts on any native vegetation or biodiversity. D1.4 Stormwater It is proposed to install three rainwater tanks Yes with a total capacity of 18,000L with the overflow stormwater being disposed into an absorption pit. D1.5 Streetscape The proposed development is consistent Yes and Character with the established character and streetscape of the surrounding area. The additions complement the existing dwelling. D1.7 Bushfire The site is not identified as bushfire prone Yes land. Minimum construction standards are met in terms of non-combustible roofing. D1.8 Services All services are existing on the site Yes D1.10 Vehicular The proposal will not impact on vehicular Yes Access, access, parking and roads. parking and Roads D1.11 Amenity It is considered that the proposal provides Yes for adequate solar amenity to living areas and private open spaces of adjoining residences as the proposal will maintain at minimum 3 hours of solar access between 9am and 3pm to these areas on 21 June. This matter is discussed in more detail in the following sections of this Report.

4.0 Section 79C(1)(a)(iii)(a) Planning Agreement There are no planning agreements that apply to the proposed development or the subject site.

5.0 Section 79C(1)(a)(iv) The Regulations The Environmental Planning and Assessment Regulation 2000 (the Regulations) provides controls and regulations that relate to the management of the proposed development. These requirements are inherent in the assessment processes undertaken for the proposal.

6.0 Section 79C(1)(b) Likely Impacts 6.1 Natural and Built Environment 6.1.1 Vegetation removal and management No vegetation will be removed as a result of the proposed development.

6.1.2 Heritage impacts The site is not identified as a heritage item, site or relic. There is however a group of heritage listed properties on the opposite side of Darley Street which are in the vicinity of the subject property. The heritage item K151 is a group of four “soldiers’ homes” at 33, 35, 37 and 39 Darley Street. It is considered that the proposed additions and alterations to the dwelling are consistent with the existing well established streetscape and will not affect the heritage significance of the heritage item.

6.1.3 Character and amenity The dwelling additions and pool house are to be constructed with weatherboard cladding and sheet metal roofing to match the existing dwelling. The design elements and roof pitch is consistent with the existing dwelling and the streetscape. The potential impact of the - 186 - USING LAND Item 20, Ordinary Meeting, 24.03.15

proposed development on the overshadowing of the adjoining property to the south is discussed in more detail in a following section of this report.

6.2 Social Impacts The development proposes a two storey dwelling and a pool house in an established residential area. It is considered there will be no adverse social impacts as a result of this development.

6.3 Economic Impacts It is considered that there will be no economic impacts as a result of this development.

7.0 Section 79C(1)(c) Suitability of the Site It is considered that the physical site conditions are suitable to accommodate the proposed dwelling additions.

8.0 Section 79C(1)(d - e) Submissions and Public Interest 8.1 Submissions As identified in the “Notification” section of this report, both the original and the two (2) subsequent amended proposals were notified to adjoining and nearby property owners.

During the three notification periods, concerns were raised from an adjoining neighbour and their consultant that the proposed two storey pool house and the dwelling additions will deny their house and garden solar access in winter to an unreasonable extent. Concerns were also raised about the bulk of the proposed pool house and the potential loss of views.

Council’s preliminary assessment of the proposal and the submissions had concluded that the proposal did not appear to maintain 3 hours of solar access on 21 June to the habitable areas and private open space of the adjoining lot to the south as required by Council’s LEP and Better Living DCP. In addition to the overshadowing, the original design did not comply with the development standards relating to maximum building width and maximum eave height under LEP 2005.

Council subsequently requested an amended design to address the issues raised. A meeting was also conducted with Council Officers, the applicant, the adjoining neighbours and their consultant to discuss their concerns. As a result of this process amendments to the original proposal resulted in the pool house being moved 810mm further away from the side boundary to a setback of 2.01m and the height of the pool house being reduced from 7.9m to 6.6m. Detailed shadow diagrams and shadow projections were submitted by the applicant which demonstrated the extent of the overshadowing of the rear deck, the window and door in the eastern (rear) wall and the windows in the northern wall of the adjoining dwelling by projecting the path of the shadow over the adjoining dwelling at various times of the day commencing at 8:00am on 21 June. As a result of these changes, the amended design reduced solar impacts and addressed the non-compliances with LEP 2005 regarding height and building width.

The submissions regarding overshadowing relate to both the proposed additions and alterations to the dwelling, and the proposed pool house, however the main focus of the submissions relate to the pool house. Council’s Better Living DCP requires that development must be designed and located so that solar access to the living areas and private open space of adjoining properties is not reduced to less than 3 hours between 9am and 3pm on 21 June. The shadow projections of the proposed development indicate that the required minimum of 3 hours solar access will be achieved both on the northern and eastern elevations of the adjoining dwelling. At 8am on 21 June the rear deck of the adjoining dwelling and part of the rear window and door will be overshadowed. However by 9am the rear door, window and more than half the deck will be in sunlight. It should be noted that on

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21 June the sun does not rise until approximately 7am. The National Resource Document for Residential Development (AMCORD) was released in 1995 following research into designing planning approaches and residential development codes. This document forms the basis of current planning principals in relation to solar access and stipulates 9am as the time at which the assessment of solar access should commence. It is therefore considered that the proposed development does not unreasonably obscure sunlight to habitable rooms or the private open space of the adjoining property during winter months and that the proposed development complies with the requirements of the Better Living DCP.

The submissions form the adjoining neighbours also raises concerns regarding the bulk of the proposed development. The Land & Environment Court have published a number of planning principals that define the desirable outcome from a chain of reasoning aimed at reaching, or a list of appropriate matters to be considered in making, a planning decision. In this situation bulk refers to the mass of the building. In assessing the appropriateness of a proposal’s bulk, the Planning Principal states that the appropriateness of a development’s height and bulk is most usefully assessed against the planning controls related to these attributes, such as maximum height, floor space ratio, site coverage and setbacks. Relevant questions which should be considered include; are the impacts consistent with impacts that may be reasonably expected under the controls (i.e. whether the massing has been distributed so as to reduce impacts, rather than increase them), and does the proposal fit into the existing character of the area?

The assessment against the relevant planning controls has revealed that the proposed development, including the pool house fully complies with the development controls such as maximum height, floor space ratio, site coverage and setbacks. The proposal is therefore consistent with a development that may be reasonably expected under the controls.

It is also considered that the proposed development is consistent with the existing character and streetscape of the surrounding area. In particular the pool house replaces an existing garage which was located in a similar position, however the pool house will have an increased side boundary setback. While the pool house will be visible from the street, it is located behind the rear of the dwelling and below the level of the street. It has been designed to complement the existing dwelling and therefore it is considered that the proposal is acceptable in its context.

In terms of loss of views, there is a further planning principal which has been established in the Land and Environment Court. This principal looks at the value of the view, where the views are in relation to the property, the extent of the impact and the reasonableness of the proposal. Concerns were raised at an on-site meeting that the proposed pool house would impact on the views to the north and east which are a combination of adjoining developed lots, tree canopies and the sky. The main potential loss of view is over the side boundary of the adjoining lot of part of two trees which are located to the north east. The planning principal considers water views to be more valuable than land views, with iconic views being more highly valued than views without iconic features. The view from the adjoining property, while pleasant, would not be considered as iconic or highly valued in terms of the planning principal. The planning principal notes that the protection of views across side properties is more difficult than views over front or rear boundaries. The principal states that the expectation to retain side views is often unrealistic. In terms of the extent of the loss of views the impacts are considered to be relatively minor.

8.2 Public Interest No issues have arisen in the assessment of the application that would indicate the development is not in the public interest.

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9.0 Community Contribution The Citywide Infrastructure Contributions Plan 2010 applies to the site. The application gives a cost value of the works being $700,000, which is considered to be a reasonable and representative market value.

In accordance with Part B1.09 of the Plan, the rate of the levy for the stated value of $700,000 is $7,000. This will require adjustment at time of payment in accordance with a final Cost Summary Report and the Consumer Price Index, All Groups, Sydney as published by the Australian Bureau of Statistics in respect of the quarter ending immediately prior to the date of payment. Payment of the contribution is required by consent condition prior to the release of the Construction Certificate.

Conclusion The application for a dwelling addition and pool house has been assessed against the relevant provisions of the Environmental Planning and Assessment Act, Council’s Local Environmental Plan 2005, Draft Local Environmental Plan 2013 and Council’s Better Living Development Control Plan. The proposal complies with the relevant development controls of Council’s LEP 2005 including site coverage, floor space ratio, roof and eave height and setbacks.

The application complies with the development standards and the proposal will achieve an outcome that meets the objectives of the Living – General zone. The proposal will not have any adverse impact on the character and/or streetscape of the area.

Accordingly, it is recommended that the Council support the proposal and the development application be approved subject to the conditions shown in Attachment 1 to this report.

ATTACHMENTS/ENCLOSURES

1 X-772-2014 - Conditions of development consent 15/36813 Attachment 2 X-772-2014 - Plans 15/36830 Attachment

* * * * * * * * * *

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Attachment 1 - X-772-2014 - Conditions of development consent

Confirmation of relevant 1. To confirm and clarify the terms of consent, the development shall be plans and documentation carried out in accordance with the following plans and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent:

Document Prepared by: Drawing No Issue Date Site plan David Breakspear 129-01 2 Dec 2014 Floor plans David Breakspear 129-02 2 Dec 2014 Elevations David Breakspear 129-03 2 Dec 2014 Landscape and Roof plan David Breakspear 129-04 2 Dec 2014 Slab and retaining wall plans David Breakspear 129-05 2 Dec 2014 Section plans David Breakspear 129-06 2 Dec 2014 BASIX and detail plans David Breakspear 129-07 2 Dec 2014

Sydney Water 2. The Council stamped approved plans must be submitted to a Sydney Stamping of plans Water Quick Check agent to determine whether the development will Prior to works commencing affect any Sydney Water wastewater and water mains, stormwater drains and/or easement, and if any requirements need to be met. Plans will be appropriately stamped. Please refer to the web site www.sydneywater.com.au for: • Quick Check agent details – see Plumbing, Building and Developing then Quick Check Agents, and • Guidelines for Building Over/Adjacent to Sydney Water Assets – see Plumbing, Building and Developing then Building Over or Next to Assets, or telephone 13 20 92. A copy of the stamped plans or other documentary evidence from Sydney Water’s accredited agent demonstrating that the plans have been stamped by them is to be submitted to the Principal Certifying Authority prior to works commencing.

Pursuant to section 80A(1) of the Environmental Planning and Section 94A Development 3. Assessment Act 1979, and the Blue Mountains City-wide Section 94A Contribution Infrastructure Contributions Plan (Section 94A Levy Plan) adopted 15 October 2013 (“the Contributions Plan”), a contribution of $7,000 shall be paid to Council. This amount will be adjusted* at the time of payment in accordance with Section 3.7 of the Contributions Plan. The contribution shall be paid prior to the issue of a construction certificate, or commencement of the use of the land, whichever occurs sooner. The Contributions Plan is available for inspection at Council’s offices or on Council’s website at www.bmcc.nsw.gov.au. *Using the All Groups Consumer Price Index (Sydney), as published by the Australian Bureau of Statistics. You are advised to check the current amount payable with Council prior to any payment.

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Construction certificate 4. A construction certificate is required for each stage of the proposed (building) development prior to the commencement of any site or building works for that stage. This certificate can be issued either by Council as the consent authority or by an accredited certifier.

Building Code of Australia 5. All building work must be carried out in accordance with the provisions of the Building Code of Australia.

Home owners warranty 6. It is the responsibility of property owners to ensure that Home Owners insurance Warranty insurance has been obtained in accordance with the Home Building Act 1989. Prior to any works commencing on the site, a copy of the Home Warranty Insurance Certificate for the property is to be submitted to the Principal Certifying Authority. Information on this insurance scheme can be obtained from the Department of Fair Trading.

Signage 7. To ensure that the site is easily identifiable for deliveries and provides information on the person responsible for the site, a sign displaying the following information is to be erected: + The statement “Unauthorised access to the site is not permitted”. + The names of the builder or another person responsible for the site along with an out of hours contact number. + Lot or Street number. + The name, address and telephone number of the principal certifying authority for the work.

Plans on site 8. A copy of the stamped and approved plans, development consent and the construction certificate are to be on the site at all times.

Site management 9. To safeguard the local amenity, reduce noise nuisance and to prevent environmental pollution during the construction period: a) Site and building works (including the delivery of materials to and from the property) shall be carried out Monday to Friday between 7am-6pm and on Saturdays between 8am-3pm, excluding public holidays. Alteration to these hours may be possible for safety reasons but only on the approval of Council. b) Stockpiles of topsoil, sand, aggregate, spoil or other material shall be stored clear of any drainage path or easement, natural watercourse, footpath, kerb or road surface and shall have measures in place to prevent the movement of such material off site. c) Building operations such as brickcutting, washing tools, concreting and bricklaying shall be undertaken on the building block. The pollutants from these building operations shall be contained on site. d) Builders waste generated under this consent (including felled trees, tree stumps and other vegetation) must not be burnt or buried on site. All waste must be contained and removed to an approved Waste Disposal Depot or in the case of vegetation, with the exception of environmental and declared noxious weeds, mulched for re-use on site.

Stormwater drainage 10. To control rainwater runoff, roof water shall be connected to stormwater drainage lines discharging to a) 3 x 6,000L rainwater tanks with overflow to the existing absorption

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pits It is recommended that the drainage system be installed at the same time as the footings/slab. It must, however, be operational as soon as the roof is clad.

Materials & colours 11. To have regard of the amenity of the area, the materials and colours to be used are: • To match the existing Any outbuildings or other ancillary structures are to be finished in colours and materials of muted bushland tones and low reflective quality to blend with the surroundings. Any variation to the above materials / colours will require the prior approval of Council.

Demolition of Buildings 12. The demolition work to be supervised by a competent person with due generally regard to safe working practices and in accordance with the requirements of the NSW WorkCover Authority; Such work is to be carried out in accordance with the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2011, and Australian Standard 2601 – 1991.

Demolition of Buildings 13. The applicant is to notify Council and adjoining residents, in writing, at containing asbestos cement least ten (10) working days prior to demolition commencing, of their intention to commence demolition works. In the case of adjoining residents, such notification is to be a clearly written note, on at least note pad size paper, giving the date demolition will commence and be placed in the letterbox of every premises (including every residential flat or unit, if any) either side and immediately to the rear of the demolition site.

Disposal of Asbestos 14. All asbestos material, including asbestos cement, is to be disposed of to an approved waste management facility licensed to receive asbestos.

Display of signage 15. The developer will display appropriate asbestos/demolition signage prior to and during demolition works.

Demolition management 16. The work is to be executed by a competent person, with due regard for safe working practices and in accordance with the requirements of the WorkCover Authority and Australian Standard 2601-1991. At all times during demolition a competent person shall directly supervise work. It is the responsibility of the person to ensure that: + The structure to be demolished and all its components shall be maintained in a stable and safe condition at all stages of the demolition work. Temporary bracing, guys, shoring or any combination of these, shall be added for stability where necessary. + Precautions are taken to ensure that the stability of all parts of the structure and the safety of persons on and outside the site are maintained particularly in the event of sudden and severe weather changes. Severe weather changes refer primarily to the localised high winds. In these circumstances loose debris can become airborne, particularly if it is in sheet form. + The site shall be secured at all times against the unauthorised entry of persons or vehicles.

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+ Utility services within the structure not required to be maintained during the demolition work shall be properly disconnected and sealed off before any stripping or demolition commences.

Order of demolition 17. Unless otherwise permitted by Council, structures shall be demolished in the reverse order to that of their construction. The order of demolition for building shall be progressive, having proper regard to the type of construction.

Adjoining buildings 18. In consideration of the proximity of the site’s adjoining buildings: + Safe access and egress from adjoining buildings is to be maintained at all times for the duration of the demolition work. + No demolition activity is to cause damage to or adversely affect the structural integrity of adjoining buildings. Consideration should be given to the use of shoring and underpinning and to changes in the soil conditions as a result of demolition and appropriate action taken. + The effect of vibration and concussion on adjoining buildings and their occupants is to be minimised by selection of appropriate demolition methods and equipment.

Dust control 19. The techniques adopted for stripping out and for demolition are to minimise the release of dust into the atmosphere. + Before commencing work, any existing accumulations of dust are to be collected, placed in suitable containers and removed. Selection of appropriate collection techniques, such as vacuuming or hosing down, shall take account of the nature of the dust and the type of hazard it presents (eg., explosive, respiratory etc). + Dust generated during stripping or during the breaking down of the building fabric to removable sized pieces shall be kept damp until it is removed from the site or can be otherwise contained. The use of excess water for this purpose is to be avoided. It should be borne in mind, that in certain environments and under certain stimuli, deposits of combustible dust on beams, machinery and other surfaces may be subject to flash fires, and suspensions of combustible dusts in the air can cause them to explode violently (see NFPA Handbook).

Removal of material 20. All demolished material and excess spoil from the site shall be disposed of to a licenced waste management facility. No material is to be burnt on site.

Removal of hazardous waste 21. Removal of dangerous or hazardous materials shall be carried out in accordance with the provisions of all applicable State legislation and with any relevant recommendations published by the Safe Work Australia. • Only competent persons shall carry out removal. • Removal of asbestos or materials containing asbestos fibres, shall be in accordance with the model Codes of Practice. • Precautions to be observed and procedures to be adopted during the removal of dangerous or hazardous materials other than asbestos, shall be in accordance with the relevant State regulations pertaining to those materials.

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Pool fencing 22. To provide for the safety of small children, the Swimming Pool Act 1992 requires that the owner of the premises must ensure that the swimming pool is at all times surrounded by a child-resistant barrier that: a) separates the swimming pool from any residential building or part thereof situated on the premises and from any place (whether public or private) adjoining the premises; and b) is designed, constructed, installed and maintained in accordance with the standards prescribed by the regulations. In accordance with the Act and Regulation the barrier must comply with the standards set out in Australian Standard AS 1926.1 -2012. The barrier must be completed prior to filling the pool with water. Doors must be hung so that they only swing outwards i.e. away from the pool area.

Construction safety 23. To ensure adequate levels of public safety during the construction of the pool, boundary fences must be maintained. The barrier must be completed prior to filling the pool with water.

Pool waste water 24. The swimming pool waste water and backwash shall be disposed of to the sewer.

Filtration equipment 25. To protect the amenity of the area, the filtration equipment and/or pump shall be housed within a sound proofed enclosure so that the noise level measured at the property boundary does not exceed 5 dB(A) above the ambient background level.

Resuscitation chart 26. To assist in the resuscitation of others and to highlight the importance of supervising young children within the pool area, an approved chart detailing resuscitation techniques is required to be affixed in a prominent position within in the pool area prior to the filling of the pool with water. The chart must display the words “young children should be supervised when using this pool”.

Privacy Screen 27. To limit potential overlooking, a minimum 1.5 metre high privacy screen shall be erected on the southern side of the first floor balcony of bedroom 4.

Decks and balconies 28. To prevent the spread of fire and the entry of wind blown embers in the event of a bushfire, bearers and joists for decks, balconies and the like shall not be continuous with those of the main building unless they are made of a non-combustible material, such as metal.

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Attachment 2 - X-772-2014 - Plans

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ITEM NO: 21

SUBJECT: DEVELOPMENT APPLICATION NO. X/1041/2014 FOR A MEDICAL CENTRE ON LOT B DP 342431, PTL C DP 342431, 2-6 VIEW STREET, BLAXLAND

FILE NO: F09162 - X/1041/2014 - 15/37909

Recommendation:

That the Development Application No. X/1041/2014 for a medical centre on Lot B DP 342431, PTL C DP 342431, 2-6 View Street, Blaxland be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this report.

Disclosure Disclosure of any political donation and/or gift - No

Report by Director, Development & Customer Services:

Reason for report Application has a value in excess of $1,000,000 and involves a SEPP1 variation to a development standard by 37%.

Applicant Archadia Projects Pty Ltd

Owner Burnley Pty Ltd

Application lodged 29 October 2014

Property address 2-6 View Street, Blaxland

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Site description The subject site is located within the Blaxland Village at 2-6 View Street, south of the strip of commercial development fronting the Great Western Highway. Immediately east of the site is a Council owned public car park which provides short stay parking for the Village. Development to the west comprises low density residential land use with a Seniors Housing development situated to the south of the subject site.

The site comprises 2 allotments having a total area of approximately 2,264m2. The site is an elongated corner block with a long (92m) frontage to View Street and short (23m) frontage to Hope Street. The site falls from east to west toward View Street and has 18 mature trees, including some eucalypts. The site is presently undeveloped and is commonly used as informal long stay parking.

Proposal It is proposed to construct a single storey building on the subject site to accommodate a medical centre. The centre consists of a general practitioners clinic, pathology rooms and a pharmacy. Associated at grade car parking and extensive landscaping is also proposed. • Medical centre: The GP clinic includes 11 consulting rooms, 2 specialist rooms and associated facilities and is 677m2 in area. The pathology contains 2 collection rooms and is 56m2 in area. The pharmacy is 97m2 in area. The combined total floor area of the proposed facility is 830m2. • Parking: An at grade car park is proposed which will accommodate 31 car parking spaces, including 2 accessible spaces and a space dedicated to delivery vehicles. Three spaces are provided in a stacked arrangement and will be designated as staff parking. Vehicular access to and egress from the car park is via View Street. • Landscaping: Landscaping is proposed along each elevation of the building and to the southern end of the site adjacent to the parking area. Six (6) eucalypt trees are proposed to compensate for the 18 mature trees that are proposed for removal. • Signage: A business identification sign is proposed to the View Street elevation. This sign will be situated on a retaining wall associated with the parking facility. • Hours of operation: The operators of the proposed medical centre and pharmacy seek to operate Monday to Sunday from 7.30am to 8.00pm.

A copy of the plans showing the site area and extent of the development proposed are provided in Attachment 2 to this Report.

Supporting The application is supported by: documentation • Architectural plans and perspectives • Statement of Environmental Effects • SEPP1 objection – car parking provision • Traffic and Parking Assessment

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• Landscape plans • Arboricultural Impact Assessment • Stormwater Management Plan • Bushfire Hazard Assessment • Erosion and Sediment Control Plan • Waste Management Plan

Environmental Local Environmental Plans (LEP) Planning Instruments • Blue Mountains LEP 2005 (Village - Town Centre) • Blue Mountains Draft LEP 2013 (B2 Local Centre)

Development Control Plans (DCP) • Better Living DCP • DCP 21 – Advertising and Signage

State Environmental Planning Policies (SEPP) • SEPP 1 – Development Standards • SEPP 64 – Advertising and Signage • SREP 20 – Hawkesbury-Nepean River

Notification Consultation was undertaken in accordance with the requirements of Part L (Public Participation) of the Better Living Development Control Plan and the requirements under the Environmental Planning and Assessment Regulations 2000.

The application was advertised in the Blue Mountains Gazette for a period of 14 days from 19 November 2014 as well as written notification being sent to adjoining and nearby properties.

Nine (9) submissions were received with parking provision and traffic safety the most common concerns. These concerns have been documented and a response provided in section 8.1 of this report.

Evaluation The application has been assessed in accordance with Section 79C (Evaluation) of the Environmental Planning and Assessment Act 1979 (“the Act”). A commentary on the assessment of the development against the Section 79C evaluation matters has been detailed in this report for the Council’s consideration.

Key assessment The following key assessment issues are detailed in the report: issues • Shortfall in off-street car parking provision • Removal of visually significant eucalypts

1.0 Section 79C(1)(a)(i) Environmental Planning Instruments 1.1 Local Environmental Plan 2005 / Draft Local Environmental Plan 2013 The following table provides for an assessment against the relevant provisions of LEP 2005. The proposed development has also been assessed against the relevant provisions of Draft LEP 2013 with discussion provided accordingly.

Where a draft clause is equivalent to a clause under LEP 2005, the clauses are listed together and a single assessment undertaken. Clauses within DLEP 2013 which represent

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new policy are listed at the end of the table. Only those relevant to the proposed development have been addressed.

Clause Standard Discussion Compliance

12 Principal objectives LEP2005: The proposal complies with Y of LEP the relevant principal objectives of the LEP. In particular, the proposal represents a new facility that is appropriately located, accessible and serves to meet the social needs of existing and future residents. DLEP201 DLEP2013: As above. 3 1.2 18 Zone objectives: LEP2005: The site is zoned VTC. The Village Town proposal complies with the relevant Centre (VTC) zone objectives as it serves to consolidate Blaxland as a focus of retail and community activity. The proposal is also considered to have high design quality. DLEP201 Zone objectives: DLEP2013: The site is proposed to be 3 B2 Local Centre zoned B2 Local Centre. The proposal 2.3 complies with the relevant zone objectives as it serves to contribute to the range of retail, business, and community uses that serve the needs of people who live in, work in and visit the Blaxland Village. The proposal is also considered to have high design quality.

32 Permissibility LEP2005: The proposed medical Y centre, including pharmacy and pathology, are uses that are permissible within the VTC zone. DLEP201 DLEP2013: The proposed medical 3 centre, including pharmacy and Land use pathology, are uses that are table permissible within zone B2 Local Centre. Sch 1 Precinct controls – LEP2005: N (car Villages Desired future character parking – The proposal is considered to comply SEPP1 with relevant precinct objectives and is submitted consistent with the precinct vision and statement. The development is discussed in consistent with the scale and more detail at architectural character of existing section 1.2 of buildings in the village and provides this report) adequate landscaped area along both

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Clause Standard Discussion Compliance

the Hope and View St frontages. Replanting will compensate for the loss of the distinctive copse of eucalypts at the corner of Hope and View Streets. A more detailed discussion regarding the removal of the eucalypts is provided at section 6.1 of this report.

Building envelope The building has a maximum height of approximately 6m and a height at eaves of approximately 3m and therefore complies with the building height requirements of the LEP. The building is situated at the northern end of the site and is built to the western boundary (View Street). The building is set back some distance from the southern boundary (Hope Street) to allow for on-site parking. A landscaped area is provided at the Hope Street frontage. The building has been set back from the northern and eastern property boundaries a distance of 3m to allow for circulation space and emergency exits. Building site cover equates to roughly 40% of the site. This configuration allows for adequate landscaped area to accommodate compensatory replanting.

Design considerations The development presents to View Street and the Council owned car park. The nature of the development does not lend itself to the provision of active street frontages. Each elevation of the building includes substantial glazed areas which avoids extensive blank facades without compromising the privacy of those within the building. The building is of a high design quality incorporating a pitched roof with clerestory windows, a cantilevered awning and generous openings. Finishes add visual interest and are considered to be compatible with the architectural character of the locality. The landscape area will allow for planting of new eucalypts at the Hope and View Street corner.

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Clause Standard Discussion Compliance

The levels of the site are such that providing pedestrian connectivity between the Council car park and the site is difficult. However a formed foot path along View and Hope Streets does provide a link between the public car park and the main pedestrian access point. Given the orientation of the block, the height of the building and its position within the site, impact on solar access to public places will be negligible. The provision of an awning along the View Street frontage is unnecessary as the majority of patrons will arrive by private vehicle and park in the car park associated with the facility. The building is configured to provide unobstructed sight lines through the car park and around the facility, improving passive surveillance. The proposal includes a 31 space car park incorporating a delivery space and two accessible spaces. Parking provision falls short of the number required by the DCP and a SEPP1 objection to the development standard has been submitted by the applicant. A more detailed discussion regarding off- street parking provision is provided at section 1.2 of this report. DLEP201 DLEP2013: The proposal is considered 3 to comply with relevant precinct 7.14 objectives. The development is consistent with the scale and architectural character of existing buildings in the village and provides adequate landscaped area along both the Hope and View St frontages. Replanting will compensate for the loss of the distinctive copse of eucalypts at the Corner of Hope and View Streets. A more detailed discussion regarding the removal of the eucalypts is provided at section 6.1 of this report. 41-43 Site analysis The development application is supported by a site analysis plan which adequately addresses the requirements of the LEP.

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Clause Standard Discussion Compliance

53 Retention and LEP2005: The site contains 18 mature Y management of trees that will be removed as a result of vegetation the proposed development. Many of the trees are in a state of decline and their health would be further compromised by the development if they were retained. A number of eucalypts will be planted along the Hope and View Street frontages to compensate for the loss of the trees. A more detailed discussion regarding the removal of the eucalypts is provided at section 6.1 of this report.

56 Site disturbance & LEP2005: An erosion and sediment Y erosion control control plan accompanied the application. The submitted plan indicates the extent and location of sediment fences, sediment control pond and a stockpile location. A condition of consent will be imposed requiring the development to be carried out in accordance with this plan. DLEP201 DLEP2013: As above. 3 6.14 57 Stormwater LEP2005: A Stormwater Management Y management Plan accompanied the application. The proposed stormwater management system incorporates a rainwater tank for reuse, proprietary pollution control pits and detention tank. The system proposed will adequately address stormwater discharge quantity and quality. DLEP201 DLEP2013: As above 3 6.9 58 Modification of land LEP2005: The site falls from the Y form eastern boundary to View Street and modification of land form is therefore necessary to achieve a suitable development space. Cut is not excessive and is approximately limited to a maximum of 1.3m. DLEP201 DLEP2013: The environmental impact 3 associated with excavation required by 6.14 the proposal is negligible. A condition of consent will require that excavated

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Clause Standard Discussion Compliance

material not reused on site is to be disposed of at an authorised facility.

60 Consideration of LEP2005: The proposed development Y character and is considered to enhance the landscape established character and streetscape of the surrounding area and this site in particular which is undeveloped and somewhat degraded. The building scale is modest and the proposed form and finishes are appropriate in this context. The building, car park and associated landscaping will result in a development that is likely to be aesthetically pleasing. DLEP201 DLEP2013: In terms of consideration of 3 character and landscape the above 6.18, 6.21 discussion applies. The development is likely to act as an ‘anchor’ destination and encourage additional pedestrian activity along View Street in particular. Glazed openings along the View Street frontage will provide some level of visual connectivity between the development and the street.

74 Places or sites of LEP2005: A search of the Office of the Y known or potential Environment and Heritage’s Web Aboriginal heritage Service has shown that no Aboriginal significance sites have been recorded or places declared at or near the subject site. DLEP201 DLEP2013: As above. 3 5.10

78 Consideration of The site is identified as being bushfire Y bushfire protection prone land. The proposal is not a special fire protection purpose and the approval of the NSW RFS is therefore not required. A Bushfire Hazard Assessment report accompanied the application which indicates that the objectives and performance requirements relevant to the development contained within Planning for Bushfire Protection and the Building Code of Australia Volume 1 will be achieved subject to incorporation of various recommendations. These recommendations include establishing and maintaining an asset protection

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Clause Standard Discussion Compliance

zone, specified construction requirements, appropriate provision of services and adoption of bushfire evacuation procedures. The application was referred to the NSW RFS for assessment against S.79BA of the Environmental Planning and Assessment Act 1979. The RFS provided a series of recommended conditions that are consistent with those contained within the submitted Bushfire Hazard Assessment report. It is considered that the proposed development complies with the relevant objectives and provisions within the bushfire protection Division of the LEP. 87 Crime minimisation A Crime Prevention Through Y assessment Environmental Design (CEPTED) assessment accompanied the application. This assessment demonstrates that the proposed development has been designed with appropriate consideration given to the principles of crime prevention.

94 General provision LEP2005: Adequate arrangements can Y of services be made for the provision of or connection to drainage, power supply, water supply and storage, and sewer. DLEP201 DLEP2013: As above. 3 6.24 98 Access to land The site presently enjoys a legally Y from a public road constituted access from View Street and the proposed development continues with a vehicular access / egress point to View Street. A Traffic and Parking Assessment accompanied the application. This assessment indicates that local road network has sufficient spare capacity to cater for the additional traffic associated with the development.

99 Car parking The proposed development N provision incorporates 31 car parking spaces, including 2 accessible spaces and a delivery space. Off-street parking provision falls short of the number required by Council’s Better Living

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Clause Standard Discussion Compliance

DCP. A SEPP1 objection to the development standard has been submitted by the applicant. A more detailed discussion regarding off-street parking provision is provided at section 1.2 of this report. The submitted Traffic and Parking Assessment report indicates that the proposed vehicular access which will operate as a left in and left out access only. This allows for adequate sight lines such that vehicles using the access can do so without endangering people and vehicles on View Street. That assessment also indicates that adequate space has been provided within the site for deliveries and waste collection. 100 Design for car The proposal includes 2 accessible Y parking parking spaces which are linked to the building entrance by a continuous accessible path of travel.

101 Loading and The proposed development Y unloading facilities incorporates a space for loading and unloading which is considered to be satisfactory. The submitted Traffic and Parking Assessment report indicates that deliveries will be made via a small rigid vehicle which will be able to enter and leave the site in a forward direction. To avoid potential conflict with medical centre patrons, a condition of consent will require that deliveries occur outside peak periods.

106 Sustainable LEP2005: It is considered that the Y resource development has been designed to management follow ecologically sustainable development practices. The building has been oriented and glazing positioned to allow for appropriate levels of solar access thus minimising reliance on electricity. Rain water will be captured and reused within the facility for amenities and for the watering landscaped areas. The proposed waste storage facility will include receptacles for recyclable material. DLEP201 DLEP2013: As above.

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Clause Standard Discussion Compliance

3 6.22

107 Access to public The proposed development Y buildings and incorporates at grade parking and public land accessible ramps into the building.

1.2 State Environmental Planning Policy No. 1 – Car Parking A State Environmental Planning Policy No. 1 (SEPP 1) objection has been lodged seeking a variation to the car parking requirements stipulated by clause 99 of LEP 2005.

Development standard objected to Cl .99 Car parking provision - (1) Off-street car parking is to be provided in accordance with the relevant part of the Council’s Better Living DCP.

Nature and extent of non-compliance with the standard The proposed development comprises a GP clinic, pathology and pharmacy. The GP clinic and pathology are characterised as a medical centre under LEP 2005 while the pharmacy is characterised as a shop under the same instrument.

The Better Living DCP requires that off-street parking be provided at the following rates: Land use Car parking requirement Medical centre 3 spaces per consulting room. Shop 1 space per 25m2 gross floor area.

The GP clinic and pathology incorporate 13 consulting rooms (including 2 specialist rooms) and 2 collection rooms respectively. The number of off-street parking spaces required by this component of the proposal therefore equates to 45 spaces. The pharmacy has a gross floor area of 97m2 and therefore the required number of off-street parking spaces for this component of the development equate to 4 spaces. A total of 49 off-street parking spaces are required for the proposed development.

The proposed development incorporates 31 car parking spaces, including two accessible spaces and a delivery space. The shortfall is 18 spaces representing a 37% variation on the development standard for provision of off-street parking.

Objectives of the car parking provision standard The LEP does not state explicit objectives for the car parking standard however it is considered that the intent of the standard is to ensure that land uses are adequately serviced by off-street parking and to limit congestion on the public road network and potentially parking along road verges.

Whether compliance with the standard is unreasonable or unnecessary The applicant provides a range of reasons to justify non-compliance with the car parking standard concluding that strict compliance with the car parking standard is unreasonable or unnecessary. These reasons have been summarised as follows: • Off street parking provision proposed for the development is within range of the car parking requirements prescribed by the RTA Guide to Traffic Generating Developments (the RTA Guide). The RTA Guide provides guidance on matters relating to traffic generation and parking associated with development. The RTA Guide deals

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specifically with extended hours medical centres and stipulates that the minimum number of parking spaces required for development of this nature is 4 per 100m2 of gross floor area. The proposed medical centre comprises a gross floor area of 830m2 which equates to a car parking requirement of 33 spaces under the RTA Guide. The shortfall in off-street parking provision when parking requirement is calculated based on the RTA Guide is 2 spaces which equate to a variation of only 6%.

• The nature and operation of the development is such that true parking demand is a portion of that implied by the development standard. Despite the number of consulting rooms provided within the facility, a maximum of 10 health care practitioners will operate out of the centre at any one time. On this basis the true parking demand associated with the number of consulting rooms being utilised (maximum 10 at any one time) is 30 spaces and 34 in total for the facility (including 4 attributed to the pharmacy). A car parking requirement calculated on this basis correlates with the RTA Guide requirement. The applicant argues that the pathology and pharmacy are ancillary to the GP clinic and will not generate any significant additional car parking demand.

• There is an expectation that a portion of staff and patrons will utilise public transport due to access to public transport services. The site is proximate to public transport services (train station and bus stops) and therefore the transport mode split for the development is likely to be significantly different to a similar development located without access to public transport. If, as anticipated, staff and patrons use public transport to access the site, parking demand will subsequently be reduced.

• There are adjacent parking facilities that are likely to be utilised by patrons of the development, particularly those undertaking dual purpose trips. The subject site is within the Blaxland Village and immediately adjacent to a Council owned public car park. The applicant argues that it is reasonable to assume that many patrons of the medical centre will combine their visit with a visit to the adjacent supermarket and/or other retail or business premises nearby. Presuming that combined trips are likely to occur, this would be further justification for the reduction in parking requirement for the development.

• On-street parking is available in close proximity to the development. Kerb side parking is available along the Great Western Highway and Hope Street in close proximity to the development. The applicant argues that despite the provision of off-street parking, some patrons will prefer to park on-street if such parking is available. The applicant is of the view that the availability of on-street parking helps to justify variation of the car parking standard.

• Existing medical practitioners in the area will relocate to the proposed facility thus relocating the parking burden associated with this practice. The proposed development will cater for the practitioners currently located within an existing facility within the Blaxland Village. This existing facility does not provide off-street parking and relies on the public parking facility to absorb parking demand. The applicant argues that the development will therefore increase the supply of public car parking by relocating an existing parking demand to the new on-site car park.

• Provision of additional parking will require a reduction of landscaping. The applicant argues that additional off-street parking can be provided however this will result in the reduction of landscaped area that can be provided. The benefit of greater landscaped area is further justification for an off-street parking variation.

• There is a significant public benefit associated with the proposal. The applicant explains that the proposed development provides for an improved facility which will cater

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for additional general practitioners in an area that has been identified as suffering a severe shortage. The public benefit of providing the facility is therefore considered a further justification for an off-street parking variation.

The arguments relating to availability of on-street parking and relocation of parking burden are considered tenuous and are not accepted as valid in the context of this application. However, the remaining arguments provided by the applicant to justify the non-compliance are considered sound.

Most notably, application of the RTA Guide indicates that the parking requirement for this development is lower than the parking requirement calculated under the provisions of Council’s Better Living DCP. The RTA Guide provides estimates for car parking which have been widely used by Government Agencies across the State and have been accepted in the Land and Environment Court as valid benchmarks for off-street parking provision. Furthermore, the operation of the proposed facility is such that true parking demand is likely to be significantly lower than the rates prescribed by the DCP.

A condition of consent will limit the number of medical practitioners permitted to operate out of the facility at any one time to ensure that operation of the medical centre is in accordance with the details provided in the SEPP1 submission.

Is there a public benefit in maintaining the planning controls adopted by the environmental planning instrument? The public benefit of requiring strict compliance with car parking standards is that the proposed medical centre facility will be able to operate with a reduced likelihood of cars overflowing into the adjacent public parking facility and road network. The applicant has argued that the true parking demand is likely to be substantially lower than that implied by the Better Living DCP and as such the proposed parking facility incorporating 31 spaces is considered to be satisfactory. The public benefit associated with improved access to modern medical facilities is considered to outweigh the benefit of requiring strict compliance with the car parking standard.

Whether the SEPP 1 objection is well founded For the reasons described above it is considered that the objection to the car parking standard is well founded and is supported.

1.3 Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River The site is identified as being located in Glenbrook and Erskine Creeks sub-catchment and is therefore subject to the provisions of SREP 20. The development has been assessed against, and is considered to adequately address, the planning considerations and recommended strategies prescribed in Clauses 5 and 6 of SREP 20. Notably, the proposed development incorporates a rainwater tank for reuse, proprietary pollution control pits and a detention tank which will ensure that stormwater discharge quantity and quality is appropriately managed and will not adversely impact the sub-catchment.

1.4 State Environmental Planning Policy No 64 – Advertising and Signage Proposed business identification signage is a single wall sign affixed to a retaining wall on the View Street frontage. No dimensions have been provided. The applicant states that the sign has been designed to integrate with the materials and finishes of the medical centre and pharmacy building. Signage is considered to be consistent with the objectives of SEPP 64 and satisfies the assessment criteria specified in Schedule 1 of the instrument. Refer to further discussion under section 3.2 of this report.

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2.0 Section 79C(1)(a)(ii) Proposed Instruments The proposed development has been assessed against the provisions of Draft Local Environmental Plan 2013 with significant points identified and discussed under section 2.1 Local Environmental Plan 1991 / Draft Local Environmental Plan 2013 of this report.

3.0 Section 79C(1)(a)(iii) Development Control Plans 3.1 Better Living Development Control Plan The proposed development has been assessed against the provisions of the Better Living Development Control Plan (BLDCP) with significant points of consideration identified and discussed in the table below. Clause Standard Proposed Compliance

D9.4 Stormwater A Stormwater Management Plan Y accompanied the application. The proposed stormwater management system incorporates a rainwater tank for reuse, proprietary pollution control pits and a detention tank. The system proposed will adequately address stormwater discharge quantity and quality. D9.5 Streetscape and The proposed development is considered to Y character enhance the established character and streetscape of the surrounding area and this site in particular which is undeveloped and somewhat degraded. The building scale is modest and the proposed form and finishes are appropriate in this context. The building, car park and associated landscaping will result in a development that is likely to be aesthetically positive. D9.6 Landscaping A detailed Landscape Plan accompanied the Y application. Landscaping comprises substantial ground covers, shrubs and eucalypts. In the medium to long term, the eucalypts will achieve significant canopy density and go some way to compensating for the loss of the mature trees currently on site. D9.7 Bushfire A Bushfire Hazard Assessment report Y accompanied the application. This report indicates that the objectives and performance requirements relevant to the development contained within Planning for Bushfire Protection and the Building Code of Australia Volume 1 will be achieved subject to incorporation of various recommendations. These include establishing and maintaining an asset protection zone, specified construction requirements, appropriate provision of services and adoption of bushfire evacuation procedures.

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Clause Standard Proposed Compliance

D9.8 Services Adequate arrangements can be made for the Y provision of or connection to drainage, power supply, water supply and storage, and sewer. A secure bin storage area is proposed on the eastern side of the development and the operators of the facility propose to use Councils kerb side collection service for putrescible waste, and a private contractor for both recyclable and medical waste (including sharps). Collection of medical waste will occur from within the site by a small rigid vehicle. D9.9 Vehicular The site presently enjoys legally constituted N access, parking access from View Street. The proposed and roads development will have appropriate vehicular access / egress points to View Street. The applicant is seeking a variation to off- street parking standard. This is discussed in more detail in section 1.2 of this report. D9.10 Amenity The proposed development is unlikely to Y generate unacceptable levels of noise. Nor will the development limit solar access to nearby residential properties. External lighting associated with the facility is designed to be unobtrusive and will be turned off after hours. This will be reinforced in a condition of consent. D9.12 Accessibility The proposed development incorporates at Y grade parking and ramps into the facility.

3.2 Development Control Plan No.21 – Advertising and information signage Proposed business identification signage is a single wall sign affixed to a retaining wall on the View Street frontage. No dimensions have been provided. DCP 21 provides design criteria for wall signs which specify a maximum area of 4.5m2. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 allow for walls signs up to 5m2 in area in business zones. Accordingly, it is recommended that a condition of consent will require that the proposed business identification sign is limited to an area not exceeding 5m2 and be positioned as indicated on approved plans.

4.0 Section 79C(1)(a)(iii)(a) Planning Agreement There are no planning agreements that apply to the proposal or the subject site.

5.0 Section 79C(1)(a)(iv) The Regulations The Environmental Planning and Assessment Regulation 2000 (the Regulation) provides controls and regulations that relate to the management of the proposed development. These requirements are inherent in the assessment processes undertaken for the proposal.

6.0 Section 79C(1)(b) Likely Impacts 6.1 Natural and Built Environment The proposed medical centre and associated parking facility will result in the removal of a number of mature eucalypts from the site. Tree removal will have significant short term

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impact on the streetscape appearance of the site and this is discussed in more detail below. Otherwise, the assessment demonstrates that the likely impacts of the proposal on the natural and built environments will be negligible.

6.1.1 Tree removal The site is subject to precinct controls contained within Schedule 1 of the LEP. The vision statement for this precinct describes a “…central car park surrounded by eucalypts, including a distinctive large copse at the corner of View and Hope Streets, providing a green backdrop to the town centre…”. The building envelope controls for the precinct support the vision statement by prescribing limitations on setback and site coverage which seek to “…protect the visually significant eucalypt canopy.”

The original proposal sought to retain 6 trees situated at the southern end of the subject site. However, it was suggested by Council staff that the 6 trees initially proposed for retention should also be removed and compensatory planting provided. The applicant subsequently revised the proposal to remove all existing trees and replant 6 eucalypts which will achieve significant canopy cover at the corner of View and Hope Streets. The reasons for suggesting removal of the trees are as follows: • The trees proposed for retention were assessed by Council and found to be either diseased, in irreversible decline, of poor shape and form, structurally compromised or insignificant in the landscape.

• The majority of the trees on site have been further compromised by compaction and root zone disturbance associated with cars parking in this area over long periods of time.

• The proposed development will result in further disturbance and loss of root volume which is likely to result in irreversible decline of trees proposed for retention and the development of a potentially high hazard situation i.e. dropping limbs, catastrophic failure.

• Due to the declining health status of most of the trees in this location, any reasonable development of the subject site is unlikely to be able to achieve the intent of the precinct provisions i.e. protection of the visually significant eucalypt canopy.

The removal and subsequent replanting of eucalypts at the corner of View and Hope Streets will result in a more desirable medium to long term outcome and is considered to satisfy the intent of the precinct provisions. Replacement eucalypts will have the capacity to grow and adapt to their conditions whereas existing trees will be compromised and may result in failure and the dropping of limbs.

A condition of consent will prescribe the species and growth stage of eucalypts to be replanted and will require the installation of an automatic irrigation system to ensure rapid growth. Ultimately, the provision of compensatory replanting will result in a visually significant canopy at the corner of View and Hope Streets, providing a green backdrop to the town centre. Staged removal and replanting has been considered however this approach would be difficult to manage and would not address the likelihood of retained trees becoming hazardous. In a post development context, it is more difficult to prepare site soils and planting areas in a manner which will ensure adequate soil volume and root confinement, which is necessary to achieve satisfactory establishment and growth.

6.2 Social Impacts The Lower Blue Mountains is reportedly recognised as a District of Workforce Shortage by the Commonwealth Department of Health. This classification delineates a geographic area in which the local population has less access to Medicare subsidised medical services when compared to the national average.

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The proposed medical centre represents a consolidation and expansion of existing general practice and related health services in the Lower Blue Mountains and improves the level of access to Medicare subsidised facilities in the area. The social impact of the development is considered to be positive for this reason.

There is some small concern that the shortfall in off-street parking provision will result in patrons parking elsewhere and place an unwelcome burden on the local street network and the adjacent public parking facility. As discussed at section 1.2 of this report, the number of practitioners permitted to operate at the proposed facility will be limited such that parking demand is reduced and on-site parking will generally be sufficient.

6.3 Economic Impacts The proposed development is likely to have a positive economic impact on the locality by way of creating additional employment opportunities and encouraging spending in the area as a result of dual purpose trips.

7.0 Section 79C(1)(c) Suitability of the Site Medical centres are permissible in the Village - Town Centre zone and the preceding assessment including consideration of character, parking provision, vehicular access, stormwater management, landscaping, etc. has demonstrated that the site is suitable for proposed development.

8.0 Section 79C(1)(d - e) Submissions and Public Interest 8.1 Submissions The application was advertised in the Blue Mountains Gazette for a period of 14 days commencing 19 November 2014. Adjoining properties were notified of the proposal in writing. Nine (9) submissions were received in response to the public notification with various concerns raised which have been documented and responded to above.

It should be noted that the proposal was modified over the course of the assessment to address concerns relating to traffic management, off-street parking provision and tree management. In accordance with the notification provisions in the Better Living DCP, the modified proposal was not re-notified as the modifications were considered to reduce the likely impact and addressed issues raised.

1. Capacity of local road network to cope with additional traffic: A number of submitters are of the view that the local road network does not have the capacity to cope with the additional traffic that will be generated by the proposed facility. Submitters are particularly concerned about congestion during a bushfire emergency. One submitter specifically makes reference to the application of modelling software used to assess impact on intersection function, implying that the approach detailed in the Traffic and Parking Assessment is flawed.

Response: The Traffic and Parking Assessment submitted with the application includes an analysis of road network and intersection capacities. The assessment states that the proposed development is expected to generate an additional 87 vehicle trips per hour (vtph) during morning peak periods and 74 vtph during afternoon / evening peak periods. Current traffic volumes on the Local road network are below the relevant technical mid- block road capacity thresholds and as such there is spare capacity within the road network to cater for the development.

Computer modelling of the signalised Hope St / Great Western Highway (GWH) intersection and View St / GWH intersections demonstrates that the development will not have an adverse impact on the operation of these intersections. The Traffic Consultant notes that there are already significant delays at the View St / GWH intersection during

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peak periods. Modelling suggests that while the development could increase delays for the right turn movements into and out of View St by approximately 30 seconds, the back of queue length increases by a maximum of only 1 car and the queuing would still be contained within the existing right turn bay on the Great Western Highway.

2. The proposed exit onto Hope Street will result in traffic problems: A number of submitters are of the view that the proposed car park exit onto Hope St will exacerbate what they perceive to be an existing traffic safety issue. Submitters note potential conflict with the adjacent public car park exit onto Hope St and a pedestrian island in the vicinity.

Response: The proposal has been amended by reconfiguring the car park such that the vehicular entry and exit points have been combined and located on View St. The Traffic and Parking Assessment indicates that pedestrian and vehicular sight lines from the proposed entry and exit point are compliant with relevant Australian Standards. The entry / exit will have a left in left out function only due to the median strip in View Street.

3. Shortfall in off-street parking provision: A number of submitters noted the significant shortfall in off-street parking provision, stating that the public car park does not have the capacity to absorb overflow from the development.

Response: The original proposal sought a significant variation to Council’s off-street car parking provision requirements. Parking shortfall was raised as a key assessment issue early in the process and the proposal was subsequently amended by reducing the floor area of the facility (and subsequently reducing car parking requirement) and providing additional spaces. The latest proposal comprises 31 spaces as opposed to the 27 spaces originally proposed. The proposed 31 space car park also falls short of parking requirements prescribed by the DCP. A SEPP1 objection has been provided to address the shortfall and this has been discussed at section 1.2 of this report. Importantly, the current proposal is within 10% of the benchmark for parking provision recommended by the RTA Guide for Traffic Generating Development.

4. Poor pedestrian access between public car park and development site: A number of submitters are of the view that pedestrian connectivity between the car park and subject site is poor, suggesting that a pedestrian pathway between the facilities be incorporated into the design.

Response: The proposed level change between the Council owned public parking facility and the subject site is such that providing pedestrian connectivity is difficult to achieve. Certainly a ramp or similar arrangement to allow for disabled access is not feasible as this would preclude parking spaces in both the public car park and within the development site. Furthermore, there are no pedestrian desire lines between the public car park and the medical centre that warrant pedestrian links. A footpath is provided along the frontage of Hope and View Streets which facilitates appropriate pedestrian access.

5. Proposed waste storage facilities are inadequate: One submitter raised concern that the Waste Management Plan submitted with the application does not provide sufficient detail with regard to potential waste generation. The submitter is of the view that the bin storage facility proposed will not adequately cater for anticipated waste generation rates prescribed by the Better Practice Guidelines for Waste Management and Recycling in Commercial and Industrial Facilities (NSW EPA 2012).

Response: The applicant has submitted a preliminary Waste Management Plan that addresses both construction and operational waste generation. A secure bin storage area is proposed on the eastern side of the development. The operators of the facility propose

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to use Council’s kerb side collection service for putrescible waste and a private contractor for both recyclable and medical waste (including sharps). Collection of medical waste will occur from within the site by a small rigid vehicle.

It is recommended that the consent be conditioned to require that bin numbers and volumes are provided to cater for anticipated waste generation rates prescribed by the Better Practice Guidelines for Waste Management and Recycling in Commercial and Industrial Facilities (NSW EPA 2012). It is also recommended that the consent be conditioned such that waste collection must occur outside of operating hours to reduce potential conflict with other vehicles parking within or entering the site.

6. The entry driveway is not compliant with relevant Australian Standards: One submitter states that the proposed driveway cannot achieve adequate grades or accommodate a medium rigid vehicle.

Response: The submission responds to the original proposal which incorporated a separate vehicle entry and exit and was positioned a few metres south of the current proposal. The new arrangement incorporates a 6m wide combined left in left out vehicular entry / exit which is capable of accommodating a small rigid vehicle which is the largest vehicle anticipated on the site. Level changes are substantial between View Street and the proposed car park however Council’s Development Engineers have indicated that arrangements can be made for adequate vehicular access / egress in this location in terms of grades and sight lines. Detailed design, including regrading of the footpath, will need to occur at Roads Act Approval stage.

7. Bicycle parking provision is inadequate: One submitter is of the view that secure (Class 2) bicycle parking and associated end of trip facilities should be provided within the development.

Response: The proposal incorporates 4 spaces for bicycle parking. These spaces are not secure i.e. in a locked cage as is suggested by the submitter. To require anything beyond what is already proposed is considered to be onerous for development of this nature in the context of the locality.

8. Historic agreement regarding the provision of a right of carriage way over the site is not accounted for in the design of the proposal: One submitter references an agreement between an adjacent property owner and Council regarding a restriction on future development of the subject site. According to the submitter, Council gave an undertaking in 1983 that when the subject site was developed, Council would require the developers to create a single lane access adjoining the existing lane that runs along the western boundary of the adjacent IGA site, thus creating a dual width laneway between View St and the Council owned public car park.

Response: Council has no record of the agreement referenced by the submitter who has been unable to provide any written documentation to demonstrate the agreement was formalised. Presuming the agreement was formalised, it is considered that there would be little benefit in requiring the applicant to dedicate land for the purposes of widening the existing laneway. It would seem that the laneway functions to allow traffic to cut a corner rather than use the entrance on Hope Street to access the public car park. This practice is not desirable and it is preferential for cars to remain on the local road network and enter the car park via Hope Street. The parcel of Council owned Operational Land through which cars are required to pass to access the laneway is used for parking thus obstructing the laneway and resulting in traffic conflict. Encouraging vehicles to make use of the laneway is likely to exacerbate the problem and subsequently require the management and frequent intervention of Council. Absent a right-of-carriageway or other

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easement being in place, it would be unreasonable for a consent authority to seek to apply such a restriction through the DA assessment process.

8.2 Public Interest The proposed medical centre represents a positive social and economic outcome for the locality and is considered to be an appropriate use of the site. The proposal consolidates and expands health care services in an area identified as lacking access to Medicare subsidised medical services. It is therefore considered to be in the public interest that the development is granted consent.

9.0 Community Contribution The Blue Mountains City-wide Section 94A Infrastructure Contributions Plan (Section 94A Levy Plan) applies to the site. The Section 94A Levy Plan prescribes a 1% levy payable to the Council for development with a value of work exceeding $200,000. The value of work associated with the proposed development is estimated at $2,200,000 and therefore the levy equates to $22,000. Payment of the levy prior to issue of a construction certificate will be required by a condition of consent.

Conclusion The proposal involves the construction of a medical centre comprising general practitioner clinic, pathology and pharmacy with associated car parking and landscaping. The preceding assessment demonstrates that the proposal is compliant with relevant environmental planning instruments and will have a positive social and economic impact in the locality. The proposal is considered to be suitable for the site and it is in the public interest that the development be approved. It is therefore recommended that the development application be determined by granting of consent subject to conditions.

ATTACHMENTS/ENCLOSURES

1 X-1041-2014 - Conditions 15/38859 Attachment 2 X-1041-2014 - Plans 15/38977 Attachment

* * * * * * * * * *

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Attachment 1 - X-1041-2014 - Conditions

1. General

Confirmation of relevant 1. To confirm and clarify the terms of consent, the development shall be plans carried out in accordance with the plans tabulated below and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent.

Plan Name Plan No Prepared by Date

Site Plan DA03 – Ver 3.6 Archadia Projects Feb 2015

Floor Plan DA04 – Ver 3.6 Archadia Projects Feb 2015

Roof Plan DA05 – Ver 3.6 Archadia Projects Feb 2015

Elevations DA06 – Ver 3.6 Archadia Projects Feb 2015

Sections DA07 – Ver 3.6 Archadia Projects Feb 2015

Sediment and Erosion Control Plan C01 – Issue 4 MPC Consulting Engineering Feb 2015

Sediment and Erosion Control Details C02 – Issue 4 MPC Consulting Engineering Feb 2015

Stormwater Plan C03 – Issue 4 MPC Consulting Engineering Feb 2015

Stormwater Details C04 – Issue 4 MPC Consulting Engineering Feb 2015

Landscape Plan 1 LP03 – Rev E Moir Landscape Architecture Feb 2015

Landscape Plan 2 LP04 – Rev E Moir Landscape Architecture Feb 2015

Plant Schedule LP05 – Rev E Moir Landscape Architecture Feb 2015

Building Code of Australia 2. All building work must be carried out in accordance with the provisions of the Building Code of Australia.

Construction Certificate 3. A construction certificate is required prior to the commencement of any site or building works. This certificate can be issued either by Council as the consent authority or by an accredited certifier.

Occupation Certificate 4. The building shall not be used or occupied prior to the issue of an Occupation Certificate in accordance with Sections 109H and 109M of the Environmental Planning and Assessment Act 1979.

Section 73 Compliance 5. To ensure that the development is adequately serviced by water and Certificate wastewater systems, a Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation and submitted to the Principal Certifying Authority prior to issue of an Occupation Certificate. Note: You must engage a Water Servicing Coordinator to apply for the Certificate using the Sydney Water e-Developer System. Following application a Notice of Requirements letter will be issued detailing water and wastewater infrastructure to be constructed and charges to be paid. It is advised that you make early contact

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with the Water Servicing Coordinator as it can take some time to build requisite infrastructure and this may impact on other services and building, driveway or landscape design.

Section 94A Development 6. Pursuant to section 80A(1) of the Environmental Planning and Contribution Assessment Act 1979, and the Blue Mountains Citywide Community Infrastructure Contributions Plan 2010 (Section 94A Levy Plan), a contribution of $22,000.00 shall be paid to Council prior to the issue of a Construction Certificate. This amount will be adjusted at the time of payment in accordance with Section 3.7 of the Section 94A Levy Plan. Note: You are advised to confirm the contribution payable with Council prior to making payment to account for any adjustment that may have occurred since determination of the application.

Consolidation of lots 7. Prior to the issue of an Occupation Certificate, evidence is to be submitted to the Principal Certifying Authority confirming that the lots which form the subject site are consolidated into one allotment.

Plans on site 8. A copy of the stamped and approved plans, development consent and the construction certificate are to be on the site at all times.

Construction signage 9. To ensure that the site is easily identifiable for deliveries and emergencies and provides adequate information detailing the person responsible for the site, a sign displaying the following information is to be erected: a) The statement “Unauthorised access to the site is not permitted”. b) The name of the builder or another person responsible for the site and an out of hours contact number. c) Lot description and street number.

Site management 10. To safeguard the local amenity, reduce noise nuisance and to prevent environmental pollution during the construction period: a) Site and building works (including the delivery of materials to and from the property) shall be carried out Monday to Friday between 7am-6pm and on Saturdays between 8am-3pm, excluding public holidays. Alteration to these hours may be possible however prior approval of Council must be obtained. b) Stockpiles of topsoil, sand, aggregate, spoil or other material shall be stored clear of any drainage path or easement, footpath, kerb or road surface and shall have measures in place to prevent the movement of such material off site. c) Building operations including brick cutting, washing tools and concrete mixing shall be undertaken on the building block. All pollutants from these building operations shall be contained on site. d) Builders waste generated under this consent (including excavated material that is not reused on site) must be source separated, contained and removed to an approved Waste Disposal Depot in

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accordance with the Waste Management Plan contained within document SEE – Supporting Design Information, Version 2.1, October 2014, prepared by Archadia Projects Pty Ltd. e) Woody debris / timber waste associated with tree removal shall be sent as a source separated load, free of weeds or other organic material, to Blaxland Waste Management Facility unless an alternative reuse/recycling opportunity is identified i.e. mulch for garden beds on site.

Workers amenities 11. Before work commences, toilet facilities must be provided for construction personnel on the site at a rate of 1 toilet for every 20 workers. Amenities are to be installed and operated in an environmentally responsible and sanitary manner. Toilets cannot remain on site for any longer than 12 months, without the further approval of Council.

Building construction in 12. To ensure the development is consistent with the provisions of Planning bushfire prone areas for Bushfire Protection 2006, construction of the building and management of the site should be undertaken in accordance with the recommendations contained within the Bushfire Hazard Assessment, prepared by Control Line Consulting, dated 20.10.2014, reference number 14.09.202.

Signage 13. To protect the visual amenity of the locality, the business identification signage proposed on the View Street frontage on the retaining wall associated with the car park shall be limited to an area not exceeding 5m2.

2. Engineering Conditions 2.1 General

Compliance with standards 14. To ensure that all internal and external engineering works required by this development are constructed to a suitable standard, design and construction shall be in accordance with: a) Development Control Plan No. 31 - Public Infrastructure Works in Subdivisions and Developments, b) Australian Rainfall and Runoff 2001, c) Relevant Australian Standards including AS2890.1, AS2890.2, AS2890.6, d) Relevant best practice standards. All works to be at no cost to Council. The design and construction is to include any additional works, transitions and service adjustments to make the construction effective.

2.2 Engineering works

Site stormwater system 15. All stormwater runoff from the site is to be collected and drained by an underground stormwater drainage system and discharged to View Street. The stormwater system is to be designed by a suitably qualified person for a 1:20 year ARI 5 minutes duration storm, in accordance with

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Australian Rainfall and Runoff 2001.

Gross pollutant trap 16. A gross pollutant trap device shall be installed to treat the runoff generated from the total site before discharging into the Council road infrastructure

On-site detention 17. An on-site detention system to restrict post-development discharges from the site to pre-development discharges for all storms up to and including the 1:100 year ARI storm shall be provided. The on-site detention system shall be designed to incorporate the following: a) An emergency overflow facility capable of safely conveying all storms up to and including the 1 in 100 year ARI storm to View Street. b) Allowable detention storage depth shall be: • Car parks - 0.2 metres maximum. • Underground tanks - 0.8 metres minimum depth.

Internal pavement 18. Formation, paving, sealing and line marking of the access driveway and parking areas in the development site, together with any necessary drainage, retaining walls and other engineering works that may be required to make the construction effective shall be provided.

Work in Council’s Roads 19. The following engineering works shall be constructed by the applicant: a) The stormwater connection from the onsite detention system to the existing View Street drainage system. This drainage connection is to be constructed with a galvanised rectangular hollow section within the road reserve. b) The access driveway on View Street is to be constructed in 150mm thick reinforced concrete from the property boundary to the View Street kerb and gutter. The driveway is to be 8m wide at the kerb alignment and 6m wide at the property boundary and include a heavy duty reinforced concrete layback in the kerb alignment. This work is to include the removal and reconstruction of the concrete footpath either side of the driveway to transition the footpath into the driveway levels. c) The obsolete driveway and layback in the View Street frontage of the site is to be removed and the kerb and gutter, verge and footpath restored to the Council’s satisfaction. d) A sealed, level area for the purpose of placing garbage bins awaiting collection. The area is to be constructed on the View St verge in a location that will not result in conflict between collection vehicles and vehicles travelling along View St or entering the subject site.

2.3 Prior to the issue of a Construction Certificate

Detailed engineering plans 20. Prior to the issue of the Construction Certificate detailed plans of the internal engineering works, prepared and endorsed by a qualified person

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shall be submitted to and approved by the Principal Certifying Authority.

Approval under the Roads 21. Prior to the issue of any Construction Certificate, fully detailed Act 1993 engineering plans of all works within the View Street road reserve, prepared by a suitably qualified professional, are to be submitted to and approved by the Council under the Roads Act 1993. These plans are to include details of sediment and erosion controls and pedestrian and traffic management during the works in the road reserve. Fees for the assessment and approval of the plans will be charged in accordance with the Council’s Schedule of Fees and Charges.

Performance and 22. Prior to the issue of the Roads Act approval, a $2,000 performance and maintenance bond maintenance bond is to be lodged with the Council. The bond may be in the form of an unconditional bank guarantee with no expiry date, a bank cheque or cash. The bond is to cover the safety of the public, environmental protection, and performance and maintenance of the works during and after construction. This bond shall be retained for twelve (12) months after the issue of a successful final inspection of the works by Council’s supervising engineer. The bond will be released upon an application being made by the applicant subject to the satisfactory performance of the works. Bond lodgement, inspection and release fees are applicable in accordance with Council’s Schedule of Fees and Charges.

2.4 Prior to the commencement of works in the road reserve

Pre-construction meeting 23. Prior to commencement of works within the road reserve, an on-site preconstruction meeting is to be held between the relevant contractor, the site manager and Council’s Supervising Engineer. The applicant will be required to pay for the inspection in accordance with the Council’s Schedule of Fees and Charges. A minimum of 48 hours’ notice is required to book an inspection.

Insurance for contractors 24. The person or company carrying out the works are required to have workers compensation and public liability insurance to the value of $10 million. The policy shall indemnify the Council from all claims arising from the execution of the works. Proof of the policy is to be provided to the Council’s Supervising Engineer at the preconstruction meeting.

2.5 During works in the road reserve

Temporary fencing 25. To ensure the protection of the public, hoardings, barrier etc. are to be provided on all sides of the site to the requirements of NSW Work Cover Authority. Where hoardings or fences are proposed to be erected on any road reserve the applicant is to obtain approval under the Roads Act 1993.

Inspections of works in the 26. To ensure all works are completed in accordance with the appropriate road reserve specifications and approved plans, compliance certificates are to be

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issued at significant stages throughout the construction period. These stages are: a) Pre-construction meeting b) Driveway • After set out (prior to any excavation) • Laying and compaction of subgrade • Formwork and steel • Final (all disturbed areas revegetated) c) Kerb and Gutter construction • After set out (prior to any excavation) • Laying and compaction of subgrade • Placement of stringline • During placement of kerb • Compaction of road base to existing road • During sealing of pavement • Final (all disturbed areas revegetated) d) Pedestrian pathways • After set out (prior to any excavation) • After boxing out of pathway • Formwork and steel • Final (all disturbed areas revegetated) e) Stormwater Drainage • After set out (prior to any excavation) • After installation of pits and pipes, prior to backfilling • Final (all disturbed areas revegetated) f) Final inspection of completed development. The applicant will be required to pay for the inspection in accordance with the Council’s Schedule of Fees and Charges. A minimum of 48 hours’ notice is required to book an inspection.

2.6 Prior to the issue of an Occupation Certificate

Repair of damage 27. The applicant shall repair or reconstruct all damage caused by construction activity relating to the development as required by the Council's Supervising Engineer prior to release of any Occupation Certificate.

Restore disturbed area 28. All earthworks and/or batters are to be restored, stabilised, topsoiled and turfed/revegetated to the Council’s Supervising Engineer’s satisfaction prior to release of any Occupation Certificate.

Certification by Council 29. Prior to the issue of the Occupation Certificate, a certificate shall be obtained from Council to verify that all external works have been completed in accordance with the approved plans and to Council’s satisfaction.

Works as executed plans 30. Prior the issue of the final Occupation Certificate, a Works as Executed Plan of all engineering works in road reserve shall be prepared by a registered surveyor and submitted to and approved by the Council.

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Section 88E Positive 31. To ensure the on-site detention system is satisfactorily maintained, a Covenant: On-site positive covenant under Section 88E of the Conveyancing Act 1919 shall detention be prepared and registered over the subject land. The terms of the 88E Instrument shall incorporate wording as follows: The Proprietor of the property shall agree to be responsible for keeping clear and the maintenance of all pits, pipelines, trench barriers and other structures/devices. a) The Proprietor shall agree to have the on-site stormwater detention facilities (OSD) inspected annually by a suitably qualified person. b) The Council shall have the right to enter upon the land referred to above at all reasonable times to inspect, construct, install, clean, repair and maintain in good working order all pits, pipelines, trench barriers and other structures in or upon the said land which comprise the on-site detention system or which convey stormwater from the said land, and recover the costs of any such works from the Proprietor. c) The Proprietor shall indemnify the Council and any adjoining landowners against damage to their land arising from the failure of any component of the on-site detention system. The applicant shall bear all costs associated with the preparation of the 88E Instrument. The wording of the Instrument shall be submitted to and approved by the Council prior to lodgement with NSW Land and Property Information (LPI). Proof of lodgement and registration with NSW LPI shall be submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate.

3. Landscaping

Landscape implementation 32. In order to provide for the re-establishment of a prominent landscape character and setting on the subject site, extensive landscaping of the site is required. Landscape works shall be carried out in accordance with the approved Landscape Plan, prepared by Moir Landscape Architecture, Revision E, and dated 26th February 2015 or as otherwise detailed by this condition. Landscaping must a) reinstate a prominent indigenous canopy presence along the Hope and View Street road frontages, and b) incorporate proposed planting that will upon maturity, provide adequate visual amelioration of the impact of the development. Given the importance of timely re-establishment of the landscape character of the site, screen plants and compensatory canopy trees as shown must be in an advanced stage of growth at the time of planting in accordance with the approved planting schedule.

Plant material installation, 33. In order to ensure successful establishment and rapid growth of establishment and landscaping, particularly compensatory canopy trees, the following plant maintenance material selection, soil preparation and maintenance provisions are to be applied.

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a) At the time of planting, all landscape stock must be healthy and vigorous at the time of planting. • Trees must be upright and self-supporting and the canopy largely symmetrical. • Stem taper must be adequate and appropriate to the species, and there must be no evidence of included bark, wounding or bruising. • All stock must be free of pests and disease b) In order to provide an appropriate soil environment for the establishment of new plantings, soil de-compaction and soil other soil amelioration is to be undertaken prior to or concurrently with planting. • All mass planting areas are to be ripped to a minimum depth of 300mm prior to addition of improved soil media. • Tree plantings must be provided with a minimum depth of improved soil exceeding the pot depth by a minimum of 50%. • Sufficient soil volume for successful and vigorous growth of selected species must be provided to all planter beds and landscaped areas • So as to ensure adequate soil ‘plate’ volume of sustainable growing medium, structural subsoil may be required beneath hardstand areas adjacent to new trees. • To improve plant health and vigour, and enhance successful establishment, all plantings are to be provided with water crystal and fertilizers appropriate to the species at time of planting. • 50-75 mm depth of mulch (gravel or organic) is to be provided in all planted areas following installation of plant material. c) Landscaped areas are to be supported by the following requirements; • A permanent and automatic irrigation system is to be installed at the time of garden bed installation. • All planted areas are to be adequately maintained (weeding, watering, pruning, re-fertilizing, re-mulching) during the establishment phase (a minimum period of three months from practical completion) by the landscape contractor. d) To minimise the potential for damage to vegetation and conflict between planted areas and new structures; • Wheel stops or other means by which vehicular damage to vegetation will be prevented should be provided for the edges of landscape beds as required. • Appropriate tree guards, fencing and other schemes are to be provided as necessary to ensure protection from accidental damage from pedestrian movement. • Proprietary root barriers should be installed in areas where the root system of adjacent trees may, at maturity, compromise the structural integrity of footings etc. • No tree or shrub planting should occur in areas where vehicle overhang will occur. • Ensure that site lines at egress and entrance points are not be

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obscured by vegetation. e) Following successful installation and establishment of the approved plantings, landscaped areas are to be adequately maintained for the life of the development. Plants that die or are removed are to be replaced with the same or similar species in an equivalent stage of growth, unless remaining plantings satisfactorily achieve the identified landscape functions.

3.1 Prior to the issue of an Occupation Certificate

Landscaping certification 34. All works shown on the landscaping plans or detailed by these conditions, including the installation of the required permanent irrigation system shall be installed. A suitably qualified horticulturalist or landscape architect shall certify that the completed landscaping works have been carried out in accordance with the approved landscaping plan. Healthy and vigorous plants generally consistent with the species nominated on approved landscape plans as feature trees and screen plantings must be sighted in the landscape. Minor amendment is permissible should selected species fail to establish or be determined as unsuited to climatic constraints. The verification statement is to be provided to the Principal Certifying Authority prior to the issue of an Occupation Certificate.

4. Occupation and ongoing use

Limitation on consulting 35. To ensure that the operation of the facility is managed to limit the parking room occupation demand generated by the development, the number of consulting and specialist rooms that may be occupied at any one time is limited to 10 rooms.

Hours of operation 36. The hours of operation of the medical centre and pharmacy are restricted to 7.30am - 8.00pm, Monday through Sunday. Any alteration to the approved operating hours requires the approval of Council.

External Lighting 37. To ensure the continued amenity of nearby residential properties, external lighting associated with the car park and along pathways shall be baffled, directed and /or shielded to ensure residential properties are not disturbed, whilst maintaining adequate lighting for the site.

Traffic management 38. To ensure the safe and effective management of vehicles on the site, the following traffic management measures shall be implemented: a) All vehicles are required to enter and leave the site in a forward direction. b) The maximum size vehicle permitted to enter the site is a 6.4m Small Rigid Vehicle AS 2890.2/2002. c) Delivery or service vehicles larger than a Standard Vehicle B99 must attend within the hours of operation but outside of peak periods.

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Waste storage and 39. To ensure that waste generated during the operation of the development collection is appropriately stored, collected and disposed of, bins storage and collection shall be provided in accordance with the following: a) An adequate number of bins are to be provided to cater for anticipated waste generation volumes for medical centres and pharmacies as prescribed by the Better Practice Guidelines for Waste Management and Recycling in Commercial and Industrial Facilities (NSW EPA 2012), such that collection does not need to occur more often than twice a week. b) Collection of bins containing recyclable and putrescible waste shall be undertaken from the kerbside on View Street. Collection of medical waste and sharps may occur from within the site, within the approved hours of operation. c) The medical waste and sharps collection vehicle shall be no larger than a 6.4m Small Rigid Vehicle.

Annual fire safety 40. Each year, within 12 months of the previous statement or after a statement certificate of installation has been issued for the building (whichever is applicable), the owner of the building must submit to Council an Annual Fire Safety Statement that must deal with each essential fire safety measure in the building. A copy of the statement (together with a copy of the current fire safety schedule) is to be given to the Commissioner of New South Wales Fire Brigades. A further copy is to be prominently displayed in the building.

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Attachment 2 - X-1041-2014 - Plans

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ITEM NO: 22

SUBJECT: DEVELOPMENT APPLICATION NO. X/1149/2014 FOR A CHANGE OF USE OF INDUSTRIAL UNIT TO A DANCE STUDIO ON S 3 SP 76481, UNIT 3/29 ATTUNGA ROAD, BLAXLAND

FILE NO: F09162 - X/1149/2014 - 15/30073

Recommendation:

That the Development Application No. X/1149/2014 for a change of use of industrial unit to a dance studio on S 3 SP 76481, Unit 3/29 Attunga Road, Blaxland be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this report.

Disclosure Disclosure of any political donation and/or gift - No

Report by Director, Development & Customer Services

Reason for report SEPP1 variation for parking shortfall which is outside staff delegations

Applicant Fragar Planning & Development Pty Ltd

Owner Daluda Pty Ltd

Application lodged 1 December 2014

Property address Unit 3/29 Attunga Road, Blaxland

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Site description The site comprises a single parcel of land having an area of 10,032.8 m² and located at the end of Attunga Road. The Blaxland Waste Management Facility is north of the site with industrial development adjoining to the east and west. Residential development along Winnicoopa Road is located to the south of the site.

The land is developed with a number of buildings containing a total of 24 industrial units, and has associated driveway access and car parking areas. The site is strata subdivided and comprises a mix of small business and industrial use tenancies.

Reference to the strata plan shows Unit 3 is one of four strata industrial units in a building adjacent to the eastern boundary of the site. The Unit has a floor area of 226 m² which includes the mezzanine floor level. There are two parking spaces allocated specifically to Unit 3 at the northern end of the building.

Proposal The subject development application seeks approval for the establishment of a dance studio in Unit 3.

The main features of the proposal are summarised as follows: • Hours of operation 6 pm to 9 pm daily • Class size 6 students • 1 instructor • No internal alteration or fitout is required, other than the installation of a floating timber floor over the existing concrete slab floor. • Use of the ground floor only, with no use proposed for the mezzanine floor level.

A copy of the plans showing the site area and extent of the development proposed are provided in Attachment 2 to this Report.

Supporting The application is supported by: documentation • Architectural plans • Statement of environmental effects • SEPP1 objection to car parking standard

Background 30 April 2002 23 industrial unit development approved under development consent X/153/2002.

23 November 2003 Consent X/153/2002 modified to enable development to be completed over 4 stages.

23 June 2005 Strata subdivision approved.

31 January 2006 Modification of consent X/153/2002 approved to divide Unit 23

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into two units, thereby increasing the number of units from 23 to 24.

There are also a number of first-use and change of use approvals for various units within the development. There is no record of any applications for the previous use of Unit 3.

Environmental Blue Mountains Local Environmental Plan (LEP) 2005 Planning Instruments Zone: Part Employment – General and part Environmental Protection – Private

Protected Area – Slope Constraint Area

Draft Blue Mountains Local Environmental Plan (LEP) 2013 Zone: Part IN1 General Industrial and part E2 Environmental Conservation

Protected Area – Slope Constraint Area

Development Control Plans Better Living DCP Draft DCP 2014

State Environmental Planning Policy No. 1 – Development Standards

Sydney Regional Environmental Plan No. 20 – Hawkesbury/Nepean River

Notification Consultation was undertaken in accordance with the requirements of Part L (Public Participation) of the Better Living Development Control Plan and the requirements under the Environmental Planning and Assessment Regulations 2000.

The application was advertised for a period of 33 days from 15 December 2014 and concluding on 16 January 2015 to adjoining and nearby properties. The longer notification period takes into account the public holidays over Christmas and New Year.

No submissions were received in response to this notification process.

Evaluation The application has been assessed in accordance with Section 79C (Evaluation) of the Environmental Planning and Assessment Act 1979 (“the Act”). A commentary on the assessment of the development against the Section 79C evaluation matters has been detailed in this report for the Council’s consideration.

Issues The following assessment issues are further detailed in the report: 1. Local Environmental Plan 2005 1A. Draft Local Environmental Plan 2013 2. State Environmental Planning Policy No.1 – Development

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Standards 3. Better Living Development Control Plan 4. Parking, and 5. Environmental, social and economic impacts, the suitability of the site and the public interest.

1.0 Section 79C(1)(a)(i) Environmental Planning Instruments 1.1 Local Environmental Plan 2005 / Draft Local Environmental Plan 2013 The proposed development has been assessed against the provisions of LEP 2005 and DLEP 2013 with significant points identified and discussed below.

Part 1 Preliminary Clause Standard Proposed Compliance cl.9 Consideratio The development satisfactorily complies with Yes ns before the aims, principles, locality provisions and development the assessment requirements relevant to the consent development. Div. 2 Planning The proposal is considered to comply with the Yes Part 1 principles planning principles of LEP 2005. Consideration of relevant principles and objectives are incorporated into the assessment below. DLEP DLEP 2013: 2013 The proposal is considered to comply with the cl.1.2 aims of the draft LEP.

Part 2 Locality Management Clause Standard Proposed Compliance cl.13 General The part of the site on which Unit 3 is situated Yes locality is zoned Employment – General. management The development complies with the zone objectives for the Employment – General zone (refer to cl. 25 of this table) and is permissible with consent (refer to cl. 32 of this table).

It is considered that the development does not compromise the zone objectives and conditions are proposed to reduce any impacts arising from its operation. cl. 18 & Zone The objectives of the Employment - General Yes cl.25 objectives zone are met, in particular: • To encourage the establishment of a broad range of industrial and associated land uses which will generate greater local employment opportunities [Objective (a)], and • To allow industrial and other compatible development which incorporates controls on potential impacts on the impacts on the amenity residents in adjoining residential areas [Objective (f)].

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Clause Standard Proposed Compliance DLEP DLEP 2013: 2013 The objectives for the IN1 General Industrial cl.2.3 zone are met. cl.32 Permissibility The use as Commercial premises is Yes permissible with development consent in the Employment - General zone.

Commercial premises is defined in the Dictionary to the LEP as meaning a building or place used as an office or for other business or commercial purposes, but does not include a building or place elsewhere defined in this Dictionary.

DLEP DLEP 2013: 2013 The use is permissible in the proposed IN1 Land Use General Industrial and would be defined as a Table type of business premises.

Business premises is defined in the Dictionary to the Draft LEP as meaning a building or place at or on which: (a) an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or (b) a service is provided directly to members of the public on a regular basis; and includes a funeral home and, without limitation, premises such as banks, post offices, hairdresser, dry cleaners, travel agencies, internet access facilities, betting agencies and the like, but does not include an entertainment facility, home business, home occupation, home occupation (sex services), medical centre, restricted premises, sex services premises or veterinary hospital.

Part 3 Assessing the site and environmental context Clause Standard Proposed Compliance Div. 1 Site analysis The potential impacts of the development and Yes Part 3 measures to visually and physically integrate the proposal within the location have been considered. cl.44 Environment The proposed development has no adverse Yes al impact impact on the nominated environmental attributes, including any threatened species, populations or ecological communities as assessed in accordance with s. 5A of the EP&A Act. DLEP DLEP 2013: 2013 As for LEP 2005 above cl.6.1

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Clause Standard Proposed Compliance cl.60 Consideratio The proposed use is compatible with Yes n of surrounding uses. No external alterations are character proposed to the building or to landscaping. DLEP and DLEP 2013: 2013 landscape As for LEP 2005 above cl. 6.18, 6.21 Part 3 Heritage The site is not listed as a heritage item and NA Division 4 conservation does not adjoin any listed items or conservation areas in LEP 2005 or DLEP 2013. Part 3 Bush fire The land is mapped as bushfire prone. No NA Division 5 protection requirements apply to the proposed change of use. cl. 87 Crime The proposed use is not likely to contribute to Yes minimisation crime risk in the location. The evening trading assessment hours will assist in passive surveillance after hours. cl.89 Remediation The land is not identified as potentially NA of contaminated. contaminated land cl.94 General Sewerage and other services are already Yes provision of connected. A s.73 certificate from Sydney services Water is not required as the change of use will not result in increased demand for water or the discharge of trade waste from the premises. DLEP DLEP 2013: 2013 As for LEP 2005 above. cl.6.24 Part 4 Vehicular The site has frontage to a public road and Yes Division 3 access, provides adequate onsite driveway access parking and and manoeuvrability for the proposed use. roads cl.99 Car parking Unit 3 has a gross floor area of 226 m² which No. includes the mezzanine floor. Given the parking rate of 1 space per 40 m² for commercial premises, Unit 3 requires 6 parking spaces. The unit entitlement for Unit 3 provides only 2 spaces. The use therefore has initial shortfall of 4 spaces. The application seeks a variation to the number of required spaces. A SEPP1 objection to the development standard for car parking is addressed at 1.2 below in this Report. cl.101 Loading and The proposed use does not involve loading Yes unloading and unloading of goods, however the facilities development has adequate onsite capacity to accommodate any necessary deliveries. cl.107 Access to Unit 3 has access to a parking space for Yes public people with a disability. An existing WC for

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Clause Standard Proposed Compliance buildings and people with a disability is located on the public land ground floor.

New Policy Introduced in DLEP2013 relevant to this development application:

Clause Provisions Proposed Compliance

DLEP Ground water Moderately high vulnerability. The Yes 2013 vulnerability development will have no impact on ground water. cl.6.8

1.2 State Environmental Planning Policy No. 1 A State Environmental Planning Policy No. 1 (SEPP 1) objection has been lodged to Clause 99(1) of LEP 2005 which states that off-street car parking is to be provided in accordance with the relevant part of the Council’s Better Living DCP (BLDCP). The relevant part of the BLDCP is Part D9.9.1 which requires parking in accordance with the relevant land use in Table 3 to that Part.

Development standard objected to Car parking requirement in cl.99(1) of LEP 2005.

Nature and extent of non-compliance with the standard Table 3 to D9.9.1 of the BLDCP requires a commercial premises provide 1 space per 40 m² of gross floor area. This is higher than the number of spaces generally required for an industrial unit. Unit 3 has a gross floor area of 226 m², which includes a mezzanine floor, and requires a minimum of 6 parking spaces. Unit 3 is provided with only 2 spaces. The proposed dance studio therefore has a shortfall of 4 spaces.

Objectives of the car parking standard The underlying objectives for the standard are expressed in the performance criteria in C5.3 of the BLDCP. These are:- 1. Provide adequate and accessible off-street parking and loading facilities that meet the needs of users. 2. Ensure safe and convenient movement of vehicles, cyclists and pedestrians. 3. Minimise adverse impact on the environment and maximise the aesthetic quality of the roads and parking facilities. 4. Create an environment which is safe from physical and personal threat.

Justification for the non-compliance with the car parking standard The dance studio operates in the evening when the majority of the other businesses and industrial units on the site are closed for the day and when most of the car parking spaces are unoccupied. Part C5.3 of the BLDCP states that car parking requirements may be reduced where it is demonstrated that separate uses can share a single parking facility. The applicant has obtained the written agreement from the owners and occupiers of 3 adjacent industrial units on the same site for the after-hours use of their allocated parking spaces. These agreements result in the availability of up to 7 additional spaces to the dance studio. The total of 9 available spaces is more than sufficient for the class size of 6 and the instructor.

Whether compliance with the standard is unreasonable or unnecessary Strict compliance is unnecessary as the application reasonably demonstrates that the separate uses can share a single parking facility.

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Other considerations in deciding whether concurrence should be granted (in accordance with Clause 8 SEPP1): The non-compliance with the development standard does not raise any matter of significance for State or regional environmental planning. Public benefit in maintaining the planning controls adopted by the environmental planning instrument is not compromised by the variation.

Whether the SEPP 1 objection is well founded The underlying objectives of the parking standard are considered to be achieved not- withstanding the non-compliance, and in this regard the objection is considered well-founded.

1.3 Sydney Regional Environmental Plan No. 20 Hawkesbury Nepean River The proposed development is located in the Middle Nepean and Hawkesbury River sub- catchment under Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (SREP 20). The proposed change of use does not alter or affect existing stormwater drainage conditions, ground levels and vegetation. The development has been assessed against the planning considerations as set out in Clause 5 and 6 of SREP 20 and considered acceptable.

2.0 Section 79C(1)(a)(ii) Proposed Instruments There are no draft environmental planning instruments that apply to the subject site other than Draft LEP 2013.

3.0 Section 79C(1)(a)(iii) Development Control Plans 3.1 Better Living Development Control Plan The proposed development has been assessed against the provisions of the Better Living Development Control Plan (BLDCP) with significant points of consideration identified and discussed in the table below.

Clause Standard Proposed Compliance Part C General Yes principles D9.12.2 Accessible 2 accessible parking spaces are required, 1 for No (g) parking staff and 1 for non-staff. The site has only 1 space accessible to Unit 3. However the original development pre-dates the Better Living DCP and it would be impractical and unreasonable for the tenant of Unit 3 to be required to adapt existing parking spaces to form an additional accessible space within the Common Property.

3.2 Draft Development Control Plan 2014 The Draft DCP carries the same provisions, applicable to this development, from the BLDCP, including car parking rates. There are no new provisions applying to the proposal.

4.0 Section 79C(1)(a)(iii)(a) Planning Agreement There are no planning agreements that apply to the proposed development or the subject site.

5.0 Section 79C(1)(a)(iv) The Regulations The Environmental Planning and Assessment Regulation 2000 (the Regulations) provide controls and regulations that relate to the management of the proposed development. These requirements are inherent in the assessment processes undertaken for the proposal.

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5.1 Cl. 93 Environmental Planning & Assessment Regulation 2000 The proposed change of use will alter the building classification under the Building Code of Australia from Class 8 (industry) to Class 9b (assembly building). There are no requirements for upgrading of the premises for the change in classification in this case. Standard consent conditions apply to the provision of a fire extinguisher and fire blanket within Unit 3.

6.0 Section 79C(1)(b) Likely Impacts 6.1 Natural and Built Environment The development involves no physical changes to the site and the use will have no impact on natural or built environments. Unit 3 is shielded from the residential area to the south by buildings on the site, and is approximately 110 metres from the nearest dwelling. Any adverse impact from noise generation is unlikely however a standard consent condition will be imposed to ensure noise minimisation.

6.2 Social Impacts The development will have a neutral impact.

6.3 Economic Impacts The development will provide minor employment opportunity.

7.0 Section 79C(1)(c) Suitability of the Site Unit 3 and the overall site conditions and location are fit for purpose.

8.0 Section 79C(1)(d - e) Submissions and Public Interest 8.1 Submissions As identified in the ‘Notification’ section of this report, the application was notified to adjoining properties.

No submissions were received as a result of this notification process.

8.2 Public Interest No public interest issues have arisen during the assessment process.

9.0 Community Contribution The Blue Mountains Citywide Infrastructure Contributions Plan 2013 applies to the site. The cost of works for the dance studio is limited to the installation of a timber floor covering to part of the ground floor. The cost of fittings and furnishings are excluded for the purposes of calculating a community contribution, pursuant to cl.25J(3)(g) of the Environmental Planning and Assessment Regulation 2000.

A Section 94A levy is not payable for this development.

Conclusion The proposal complies with the planning instruments applicable to the site, with the exception of parking provision. However the application demonstrates that separate uses on the site can share a single parking facility by reason of different operating hours. A variation to the development standard for onsite parking is supported in the circumstances, and the application is recommended for approval.

ATTACHMENTS/ENCLOSURES

1 X-1149-2014 - Conditions 15/31259 Attachment 2 X-1149-2014 - Plans 15/31267 Attachment

* * * * * * * * * *

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Attachment 1 - X-1149-2014 - Conditions

Confirmation of relevant 1. To confirm and clarify the terms of consent, the development shall be plans carried out in accordance with the Statement of Environmental Effects dated 25 November 2014 and accompanying supportive plans and documentation, except as otherwise provided or modified by the conditions of this consent.

Occupation Certificate 2. Unit 3 shall not be used or occupied prior to the issue of an Occupation Certificate in accordance with Section 109N of the Environmental Planning and Assessment Act 1979.

Hours of operation 3. To ensure the use has access to adequate on site car parking, the hours of operation of the dance studio are limited to 6 pm to 9 pm 7 days a week. Any proposed change to these approved operating hours requires the separate approval of Council.

Operating capacity 4. To ensure the use operates within the parking capacity on the site, and to minimise impact on the amenity of the area, class sizes are limited to a maximum of 6 people and 1 instructor. Any proposed increase to the approved operating capacity requires the separate approval of Council.

Noise management 5. To ensure the continued amenity of nearby residential properties, any noise associated with the operation of the dance studio business shall not constitute “offensive noise” as defined by the Protection of the Environment Operations Act 1997 or any subsequent Act.

Waste storage and removal 6. Arrangements shall be made for the proper storage and regular removal of waste generated by the use. Waste bins shall be stored within Unit 3 and not within the Common Property or parking areas.

Business identification sign 7. To comply with State and local planning policies, and to minimise signage clutter in the locality, any signs for the dance studio shall be limited to business identification signage only, as follows: a) Name of business and Unit number in any existing directory board or freestanding sign listing tenancies on the site. b) Maximum of one business identification sign on the building façade of Unit 3, with a maximum area of 2.5 m². Reference should be made to the relevant provisions in Part 2 Division 2 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and Council’s DCP 21 “Advertising and Information Signage”.

Portable fire extinguisher 8. In accordance with the Building Code of Australia, a portable fire extinguisher must be installed to comply with the requirements of Australian Standard AS 2444. A portable extinguisher is required in the ground floor area of the building.

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Fire blanket 9. A 1.2m x 1.2m fire blanket is to be provided in the kitchen area. The blanket is to be suitably wall mounted in a conspicuous position.

Annual fire safety statement 10. Each year, within 12 months of the previous statement or after a certificate of installation has been issued for the building (whichever is Each essential fire safety applicable), the owner of the building must submit to Council an Annual measure in the building Fire Safety Statement that must deal with each essential fire safety measure in the building. A copy of the statement (together with a copy of the current fire safety schedule) is to be given to the Commissioner of New South Wales Fire Brigades. A further copy is to be prominently displayed in the building.

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Attachment 2 - X-1149-2014 - Plans

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ITEM NO: 23

SUBJECT: DEVELOPMENT APPLICATION NO. X/1243/2014 FOR EXTERNAL SIGNAGE ON LOT A DP 335970 AND LOT 1 DP 181124, SPRINGWOOD CIVIC CENTRE, 106-108 MACQUARIE ROAD, SPRINGWOOD AND SPRINGWOOD LIBRARY, 102-104 MACQUARIE ROAD, SPRINGWOOD

FILE NO: F09162 - X/1243/2014 - 15/34540

Recommendation:

That the Development Application No. X/1243/2014 for external signage on Lot A DP 335970, Lot 1 DP 181124, Springwood Civic Centre, 106-108 Macquarie Road, Springwood, Springwood Library, 102-104 Macquarie Road, Springwood be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this report.

Disclosure Disclosure of any political donation and/or gift - No

Report by Director, Development & Customer Services:

Reason for report Property owned by Council. Commercial activity involving Council. Public submission received

Type of development Local

Applicant Blue Mountains City Council

Owner Blue Mountains City Council

Application lodged 23 December 2014

Property address Springwood Civic Centre, 106-108 Macquarie Road, Springwood, Springwood Library, 102-104 Macquarie Road, Springwood

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Site description The subject land comprises two rectangular shaped allotments (Lot A DP335970 and Lot 1 DP181124) having a combined area of approximately 9288m². The land has a frontage to Macquarie Road of 77 metres. It falls to the south with a 13 metre drop to David Road and over a distance of 110 metres. The site has a frontage to David Road of 91 metres, the eastern half of which is an unformed road reserve.

The site is the subject of the newly constructed Springwood Community Hub (approved under development application X/423/2012). Construction on this facility is almost complete. Braemar gallery (a locally listed heritage item under LEP 2005) is located at the eastern end of the site

The site is situated at the eastern end of the town centre. The Oriental Hotel adjoins the site to the west, an IGA supermarket and small retail stores are to the south-west, residential flat buildings and mixed commercial premises to the east, and a dwelling to the south-east. Buckland Park, containing a Red Cross Hall and war memorial, is located opposite the site in Macquarie Road. Residential dwellings and a child care centre are located to the south in David Road.

The land is classified under the Local Government Act 1993 as Operational Land.

Proposal The current development application is for the erection of a freestanding sign on the Macquarie Road frontage, and a wall sign at the David Road car park entry.

The Macquarie Road sign identifies the community facilities contained within the hub and also provides information via an outdoor LED variable message sign (shown far right in the graphic below). The variable messages relays information in relation to activities, services and facilities available to the public.

It is proposed to construct the sign within the front setback on the turfed area, in front of the newly constructed Blue Mountains Theatre. The freestanding sign will face Macquarie Road at a distance of approximately 2.0 metres from the retaining wall along the street frontage (depicted in grey below).

The proposed signage dimensions are as follows: • Macquarie Road frontage: 5.9m long x 400mm deep x 660mm high; variable text area is 1.6m long and 460mm high. • David Road frontage (at car park entry): 4.86m long x

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500mm high and is a flat fitted sign.

The David Road sign will be placed at the car park entry and will simply identify the name of the facility.

The statement provided by the applicant indicates that the colours and design of the signage are in keeping with the corporate branding for the facility.

A copy of the plans showing the location of the freestanding sign has been provided in Attachment 2 to this Report.

Supporting The application is supported by: documentation • Architectural plans • External colour schedule • Specifications for LED variable message sign

Background The proposed signage is on the site of the newly developed Springwood Community Hub. The development application (X/423/2012) for redevelopment of the site was approved by the Joint Regional Planning Panel (JRPP) on 2 January 2013.

The development consent approved the redevelopment of the Springwood Civic Centre and Library.

Since the DA was approved in January 2013, there have been a number of amendments including to stage of site works, alterations to building design and revised timeframes for submission of information.

Environmental The development site is land to which Blue Mountains Local Planning Instruments Environmental Plan 2005 (“LEP 2005”) applies. The following zones, precincts and other map based annotations apply to the land

• Zone: Village - Town Centre • Precinct: VTC–SP01 – Village Town Centre Precinct • LEP Provision: Accessible Housing Area • Protected Area: Slope Constraint Area • Heritage Conservation Area: Macquarie Road Conservation Area (SP056) • Special use: Public Facilities

Whilst the eastern lot is also identified as being affected by a Heritage Item: SP022 – Braemar Gallery, and Protected Area: Ecological Buffer Area

The development site is land to which Blue Mountains Draft Local Environmental Plan 2013 (DLEP 2013) applies. The following zones, precincts and other map based annotations are proposed to apply to the land:

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• Zone: B2 Local Centre • Precinct: Springwood Precinct – B2-SP01 • Heritage Conservation Area: Macquarie Road Conservation Area.

The eastern lot is also identified as being Heritage Item: SP022 – Braemar Gallery

Notification Consultation was undertaken in accordance with the requirements of Part L (Public Participation) of the Better Living Development Control Plan and the requirements under the Environmental Planning and Assessment Regulations 2000.

The application was advertised for a period of 14 days from 12 January 2015 to 28 January 2015 in the Blue Mountains Gazette as well as written notification to adjoining and nearby properties.

One (1) submission was received as a result of this notification process.

Evaluation The application has been assessed in accordance with Section 79C (Evaluation) of the Environmental Planning and Assessment Act 1979 (“the Act”). A commentary on the assessment of the development against the Section 79C evaluation matters has been detailed in this report for the Council’s consideration.

Issues The following assessment issues are further detailed in the report: 1. Local Environmental Plan 2005 2. Draft Local Environmental Plan 2013 3. State Environmental Planning Policy 64 4. Better Living Development Control Plan 5. Development Control Plan 21 - Advertising and Information Signage

1.0 Section 79C(1)(a)(i) Environmental Planning Instruments 1.1 Local Environmental Plan 2005 / Draft Local Environmental Plan 2013 The proposed development has been assessed against the provisions of LEP 2005 with significant points identified and discussed below. Clause Provisions Proposed Compliance 10 Aims of Plan The application seeks approval for a Y freestanding sign on the site within the Village Town Centre Zone. The proposal is consistent with the aims of the plan. DLEP2013 DLEP2013: Consistent. 1.2

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Clause Provisions Proposed Compliance 11 Ecologically LEP2005: This assessment Y sustainable considers the impacts of the development proposal on the site and the adjoining locality. The proposal has been notified, and all social, economic and environmental impacts are considered in this report. 12 Principal objectives LEP2005: Y of LEP To meet the needs of residents, visitors and the business community through the provision of an appropriate balance of land uses and built forms that respond to the principles of ecologically sustainable development. To identify and retain the diverse built and landscape elements that contribute to the character and image of the Blue Mountains. DLEP2013 DLEP2013: Consistent. Y 1.2

Part 2 Locality Management Clause Provisions Proposed Compliance [Refer Part Objectives of the LEP2005: Village Town Centre Zone Y 2 Div 2] zone • To promote the unique character of each of the towns and villages of the Blue Mountains. • To promote the economic viability of the towns and villages of the Blue Mountains. • To promote high quality urban design of built forms. DLEP2013 DLEP2013: B2 –Local Centre zone Y Land Use To provide a range of retail, Table business, entertainment and community uses that serve the needs of people who live in, work and visit the local area. 32 Development LEP2005: The proposed signage is Y Refer Part 2 permissible on defined as an advertising structure Div 3. subject land under LEP 2005 and is permissible in the Village – Town Centre zone. Also check Sch 8

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DLEP2013 DLEP2013: Y 2.6 for Consistent subdivision. Land Use Table Sch 1 Precinct controls – LEP2005: The Precinct Controls for Y Villages the Springwood Precinct VTC-SP01 are primarily applicable to new buildings and are focused on built form, activation of street frontages and pedestrian linkages. The dimensions of the proposed signage accord with building envelope provisions. An assessment of the design and character of the sign is carried out within section 1.3 of this report. DLEP2013 DLEP2013: Y 7.1 -7.15 Consistent

Part 3 Assessing the site and environmental context Clause Provisions Proposed Compliance 41-43 Site analysis The potential impacts of the Y development and measures to visually and physically integrate the proposal within the Village Town Centre zone were taken into consideration. The applicant has submitted suitable plans to complete the assessment of this proposal. 44 Environmental LEP2005: The development will not Y impact adversely impact on the environmental attributes of the site and surroundings, including on any threatened species, populations or ecological communities as assessed in accordance with s. 5A of the EP&A Act. DLEP2013 DLEP2013: Y 6.1 Consistent 45 Protected Area – LEP2005: Y Slope Constraint The portion of the site affected by Area the Protected Area – Slope Constraint is within the lower portion of the site near David Road. The construction of the sign is not located within this Protected Area.

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Clause Provisions Proposed Compliance DLEP2013 DLEP2013: Y 6.3 Consistent 53 Retention & LEP2005: The development does Y management of not include the removal of vegetation vegetation. DLEP2013 DLEP2013: Y 5.9 5.9AA No vegetation removal proposed. 56 Site disturbance & LEP2005: Cut and fill will be minimal Y as this part of the site is relatively flat erosion control and minimal construction is required for the sign. Any cut will be contained within the footprint of the sign. A relevant condition will be applied to ensure no offsite impacts. 60 Consideration of LEP2005: While this clause primarily Y character and relates to building construction, landscape consideration of the materials, finishes and built form of the proposed Macquarie Road sign are also considered relevant here, as the sign will form a built element within the landscaped area of the site and a feature within the front building setback. During the assessment process, the sign has been significantly reduced in both size and scale, such that it sits within the landscape more discreetly. The colours and design of this sign have also been amended to be more sympathetic with the heritage characteristics of the site and the locality. Clause Provisions Proposed Compliance 68 Consideration of LEP 2005: The proposal is not Y heritage considered to be inconsistent with conservation the heritage conservation objectives as detailed at clause 69 of LEP 2005. DLEP2013 DLEP2013: 5.10 Consistent

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Clause Provisions Proposed Compliance 69 Heritage LEP 2005: Y conservation Those objectives most relevant to objectives the proposal are as follows: (b) to conserve the significance of existing significant fabric…settings and views…; (d) to ensure that heritage conservation areas throughout the City retain their significance.

The proposed signage is consistent with these objectives, and will not adversely affect the significance of the heritage item located on the site or the heritage conservation area. Further discussion on heritage impacts is provided at section 6.1.1 of this report. DLEP2013 DLEP2013: 5.10 The proposal is consistent with the objectives within clause 5.10 70 Protection of LEP 2005: The proposal will not Y heritage items and result in the demolition or altering of heritage a heritage item or conservation area. conservation areas The signage proposed is located within a turfed open space area of the site. DLEP2013 DLEP2013: 5.10 The proposal is consistent with the objectives within clause 5.10 71 Determination of No heritage impact statement has Y development been submitted with the application applications for despite the site being located within heritage a Heritage Conservation Area and adjacent to a heritage item. However it is considered sufficient detail has been provided to assess the potential impact. DLEP2013 DLEP2013: 5.10 Consistent 72 Notice of certain The proposal does not involve NA development demolition of the item nor does it rely applications on heritage conservation incentives. Therefore this clause is not applicable.

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Clause Provisions Proposed Compliance 74 Development LEP2005: There were no identified Y affecting places or places or sites of Aboriginal Heritage sites of known or that resulted from a search of the potential Aboriginal Office of the Environment and heritage significance Heritage’s web service.

DLEP2013 DLEP2013: Y 5.10 Consistent 89 Remediation of The site is not identified as Y contaminated land contaminated land.

1.2 New Policy Introduced in DLEP2013 relevant to this development application: There are no new clauses applicable to the current application as introduced into DLEP 2013 given the development is for a single freestanding sign only. Signage provisions are located elsewhere within other Environmental Planning Instruments addressed below.

1.3 State Environmental Planning Policy No. 64 - Advertising and Information Signage Schedule 1 Assessment criteria The proposal is for the erection of two signs on the site; one on the Macquarie Road frontage, and the other above the entry to the car park from David Road. It is considered that the largest area of potential impact from the development is related to its presentation to the Macquarie Road frontage, the proximity of the sign to the adjacent heritage item, and the proposed illumination of this sign. Therefore the following detailed merit based assessment under Schedule 1 of SEPP 64 has focused on the Macquarie Road signage. The David Road sign is a flat fixed wall sign which is not illuminated, is well contained on site and is considered to result in a minimal adverse visual impact.

Macquarie Road signage:

1. Character of the area Is the proposal compatible with the existing or desired future character of the area or locality in which it is proposed to be located?

The sign is a contemporary design and will be finished to a professional standard. The sign is compatible with the use of the site as a community facility, having a practical purpose for the provision of identification and information.

The public submission received during the notification process raised the issue of the location of the site within a heritage conservation area and adjacent to a heritage item, and the incompatibility of the proposed sign within this location. During the assessment process the proposal was substantially reduced in overall height as well as design changes having been made. These changes result in signage which maintains the required function for a community centre, but was more sympathetic to the location of the site within a heritage conservation area. The coloured panel of the sign has been reduced in size and chosen colours are more subdued. Additionally, the chosen materials are consistent with those used

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on the building behind. This results in a sign that blends more readily with the building and sits more discreetly in the landscape.

The scale and design of the freestanding sign is considered to be compatible with the existing and future character of the area.

Is the proposal consistent with a particular theme for outdoor advertising in the area or locality?

The existing advertising signage within Springwood Town Centre is varied in style with no particular predominant theme. The colour scheme for this particular sign is based on BMCC’s corporate branding for the Springwood Theatre and Community Hub. The brown painted boarder will match the external colour scheme of the larger theatre and library buildings. The use of the brown rendered surface will enable integration of the sign with the larger buildings located on the site, which visually integrates the sign with the site when viewed from Macquarie Road.

2. Special areas Does the proposal detract from the amenity or visual quality of any environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes or residential areas?

The sign is located within Springwood Town Centre, part of which is also a Heritage Conservation Area (HCA). Initially the applicant submitted a proposal for a significantly larger sign measuring 7.6m long x 1.2m high x 600mm wide. That proposal has subsequently been amended. The primary reason for requiring a reduction of the sign size is its location within a HCA. The amended sign is a significant improvement upon the initial design concept and will not detract from the visual quality of the HCA.

3. Views and vistas Does the proposal obscure or compromise important views?

The sign will have a total height of 660mm above ground level to the top of its bevelled upper edge. There is a retaining wall along the Macquarie Road frontage of the site which has a height of 800mm. However, the sign will be setback approximately 2 metres from the top of the retaining wall. This low height and setback location reduces its visual impact and overall presence along the street frontage.

Pedestrians and motorists along Macquarie Road will view the sign as part of the overall character of the new community buildings and Braemar Gallery.

4. Streetscape, setting or landscape Is the scale, proportion and form of the proposal appropriate for the streetscape, setting or landscape? The sign has a total height of 660mm with a setback of 2 metres from the front boundary of the site. The sign will be located on a turfed landscaped area. The colour scheme has been chosen to match the new theatre building so that it integrates into the overall development. The scale, proportion and form of the sign is appropriate for the streetscape setting and urban landscape.

Does the proposal contribute to the visual interest of the streetscape, setting or landscape? The sign contributes to the visual interest of the streetscape purely as the basis for identification of the site, its services and forthcoming events and activities. The sign has a contemporary form, which is consistent with the new building on the site.

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Does the proposal reduce clutter by rationalising and simplifying existing advertising? The proposal to the Macquarie Road frontage is for a single sign, with no other existing or proposed signage to this area of the site.

Does the proposal screen unsightliness? Not relevant.

Does the proposal protrude above buildings, structures or tree canopies in the area or locality? No

Does the proposal require ongoing vegetation management? No

5. Site and building Is the proposal compatible with the scale, proportion and other characteristics of the site or building, or both, on which the proposed signage is to be located? The freestanding sign measures approximately 3.5 m2 (sign face). The site (Lot A DP 335970) is comprised of a land area of 4462.7m2. The new community building on the site has a landmark quality, in both scale and design. The proposed sign is of a compatible scale to both the building and with other adjacent buildings, particularly Braemar Gallery.

Does the proposal respect important features of the site or building, or both? The amended proposal has resulted in a low lying freestanding sign which ensures the new community buildings and heritage item known as Braemar retains an appropriate presence in the streetscape. Views to these buildings are retained from Macquarie Road.

Does the proposal show innovation and imagination in its relationship to the site or building, or both? The use of the same rendered surface for the sign as is used on the building behind, demonstrates a clear relationship between these two elements. The LED variable message board is neither innovative nor imaginative, but serves to provide an important purpose through provision of information to the community. Given that this is the function of the building, it is considered appropriate.

6. Associated devices and logos with advertisements and advertising structures Have any safety devices, platforms, lighting devices or logos been designed as an integral part of the signage or structure on which it is to be displayed? No.

7. Illumination Would illumination result in unacceptable glare? The applicant has specified the LED sign will have a brightness of 5000nits (cd/m2), a high level of brightness is necessary for outdoor signs so they can be easily read during daytime hours. The applicant has indicated that they are able to select a Variable Message Board (VMB) type sign that has the capacity to be pre-programed to an appropriate level of light emittance as well as being able to program times of illumination. It will be required as a condition of consent that the VMB is to have the pre-program function and that the light emissions are not to create obtrusive light spill to adjoining properties. It will also be a condition of consent that the illumination ceases within 30 minutes from the conclusion of the approved hours of operation.

Would illumination affect safety for pedestrians, vehicles or aircraft? The LED sign will not affect pedestrian safety, vehicles or aircraft during daytime hours, however the illumination proposed is greater than the minimum standard required. It will be

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required as a condition of consent that the level of illumination does not result in obtrusive light spill particularly during evening and night periods.

Concern was raised that the red lettering would be inappropriate particularly if it was to scroll or flash. The applicant noted that a simple white or off-white colour may be acceptable during night periods but would be more difficult to discern during day light. It will be required as a condition of consent that pre-program function of the VMB includes colour selection and that final colours are trailed for use during day light and night to ensure adequate colour selection for visibility and avoidance of obtrusive light spill. Final colour selections are to be referred to Council for approval prior to operation and use. It will also be included in the conditions of consent that the sign is not to include scrolling or flashing lettering.

Would illumination detract from the amenity of any residence or other form of accommodation?

There are no residences considered to be in close proximity to the sign and no impact upon residential amenity.

Can the intensity of the illumination be adjusted, if necessary Is the illumination subject to a curfew?

The application has nominated a certain illumination level which is considered high. While it is accepted that the sign illumination will need to account for visibility during daylight hours, as well as at night, it is considered that the proposed levels can be reduced and also that the sign can only be illuminated during the operating hours of the facility. This is also an important consideration with regard to the location of the site within a heritage conservation area, and adjacent to a heritage item.

The limits on the period of illumination will be included as a condition of consent.

8. Safety Would the proposal reduce the safety for any public road? No, the sign is set well back from the road.

Would the proposal reduce the safety for pedestrians or bicyclists? No, the sign is setback 2 metres from the footpath and approximately 5 metres from the road.

Would the proposal reduce the safety for pedestrians, particularly children, by obscuring sightlines from public areas? There are no sightlines to public areas which would be obscured as a result of the placement of the sign in this location so there would be no reduction in safety to pedestrians, particularly children.

1.4 Sydney Regional Environmental Plan No. 20 The proposed development is located within the Glenbrook Erskine Creek sub catchment identified under Sydney REP No 20 – Hawkesbury-Nepean River. The site is connected to the reticulated sewer and stormwater systems and will not adversely affect the water quality of the catchment. The development was assessed against the planning considerations as set out in Clause 5 and 6 of SREP 20 and considered acceptable.

2.0 Section 79C(1)(a)(ii) Proposed Instruments Public exhibition of Draft Local Environmental Plan 2013 commenced on 4 December 2013 in accordance with the Gateway Determination issued by the Minister for Planning on 1 November 2013. The proposed development has been assessed against the provisions of

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DLEP 2013 with significant points identified and discussed in the table provided at Section 1.1 of this report.

3.0 Section 79C(1)(a)(iii) Development Control Plans 3.1 Better Living Development Control Plan The development complies with the relevant provisions in Parts B, C and D9 of the Better Living DCP.

3.2 Advertising and Information Signage – DCP 21 The definition of a freestanding sign is one which is ‘’mounted on the ground on one or more supports and is independent of a building and may include a bulletin board containing multiple messages, such as businesses located within a building or complex’’.

Whilst the proposed sign is not mounted on one or more supports as described, this is considered the most appropriate definition upon which to base an assessment. The sign is independent of the buildings upon the site and may provide multiple messages in that part of the LED sign. DCP 21 Criteria – Free Standing Signs Compliance Shall not project beyond the boundary of the premises or over a public place Complies Shall not obstruct or cover any window or architectural feature Complies Sign must not protrude above a dominant skyline when viewed from ground Complies level within a catchment of 1 km Maximum height of 5 metres from ground level Complies Maximum width of sign 2 metres No May be double sided NA Each side not to exceed 4.5m2 in area Complies

Whilst the sign exceeds the maximum width of 2 metres, it is split into 3 separate sections through the use of colour scheme and text differentiation. Articulating the sign in this manner helps reduce of the overall impact of the width of the structure itself. The actual width of the text area is significantly less than the structure width itself, with only that part of the LED variable message sign being changeable. Furthermore, the sign is located at ground level having a maximum height of 660mm. The sign is not considered to be visually intrusive and is intended to provide adequate information to the public so that the community facility is easily identifiable within a busy Town Centre. The proposal is considered to provide an appropriate balance between provision of information and visual scale with the width of the sign considered supportable.

The proposed Wall Sign facing David Road complies with all the provisions set out in DCP 21 for wall signs.

Under DCP 21 there are advertising provisions which relate to those signs erected upon Heritage Buildings and within Heritage Conservation Areas.

DCP 21 Criteria – Heritage Compliance Not to dominate architectural features of a listed building Complies To be placed in locations on the building traditionally used for advertising Complies No signs to break up parapets or rooflines of buildings Complies Sign size may vary according to design and history of building NA Significant Sign proposals should demonstrate consistence with an analysis Complies of the heritage significance of the item. Internally illuminated signs are generally inappropriate and signs should be No illuminated by floor lighting. Considered supportable

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Draft DCP 2014 The submission received during the notification process states the proposal does not conform with the sign provisions set out within Draft DCP 2014, specifically in relation to the sign facing Macquarie Road.

The sign facing Macquarie Road is defined in section F6.2.7 of the Draft DCP 2014 as a Community Notice and Public Information Sign which is, ‘’a sign that provides information on, or advertise services or activities on a site for a public or community institution or organisation.’’

These signs may be otherwise exempt pursuant to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) however the exemption does not apply to signs erected in Heritage Conservation Areas.

Draft DCP 2014 Controls – Community Notice and Public Information Compliance Signs Maximum no. of signs - One (1) per road front Complies Maximum area per sign – 3.5m2 Complies Maximum dimensions – 5metres in height Complies Location – Wholly within the site boundaries Complies Illumination – Must not be illuminated No Considered supportable

Where a community notice and public information sign does not accord with the design requirements prescribed above, a merits based assessment is required to demonstrate: a) Compatibility with the desired and future character of an area

As mentioned previously, the LED variable message board within the Community Notice and Public Information Sign will have a sign face area of approximately 0.68m2. The variable message board incorporates LED text which will change when required and consists of illuminated text for the purpose of providing information to the community during both night and daytime hours.

The sign has a total height of 660mm with a setback of 2 metres from the front boundary of the site. The sign will be located on a turfed landscaped area. The colour scheme has been chosen to match the new theatre building so that it integrates into the overall development. The scale, proportion and form of the sign is appropriate for the streetscape setting and urban landscape.

The scale of that portion of the Community Notice and Public Information Sign occupied by illuminated LED text is such that adverse impacts upon the desired and future character of the area are considered minor. It is not proposed to illuminate any other part of the sign. For these reasons, based on its merits, the sign is considered acceptable. It is also important to reiterate that the final design of the sign is a significantly reduced version to the design which was publicly notified. b) Appropriate positioning so as not to compromise vehicular or pedestrian safety by obscuring sightlines.

The sign is setback 2 metres from the footpath and approximately 5 metres from the road. There are no sightlines which would be obscured as a result of the placement of the sign in this location and therefore the sign will not to compromise vehicular or pedestrian safety. - 265 - USING LAND Item 23, Ordinary Meeting, 24.03.15

The signage controls within Part F6.1.8 of Draft DCP 2014 specifically relate to the location of new signs on Heritage Items. As there is no proposal to attach signage to a heritage item, these controls are not applicable. Signage Design provisions are however applicable as follows:

Signage Design Design Criteria Compliance Materials to be compatible with the heritage The graphics will be digitally printed significance of the HCA e.g matte finish vinyl finished with a low sheen anti- rather than glossy; painted rather than graffiti coating. The graphics are printed. printed onto 5mm thick aluminium panels (x2) which will then be attached to the sign structure. Given the wall is of masonry and render construction, the method of pre-printing and attaching aluminium panels is considered appropriate. The sign is a mix of painted render and pre-printed (low sheen) panels. Overall the sign is considered to be compliant with the design criteria. Colours to be sympathetic to the heritage The colours and design of this sign significance of the HCA. This includes have been amended to be more corporate signage which will require special sympathetic with the heritage consideration and design to avoid visually characteristics of the site and the dominating the character of the Heritage locality. The sign consists of corporate Building or Place. e.g muted tones rather signage which given the low lying than bright colours nature of the sign does not dominate the site or locality. The sign colours and text are considered acceptable for the purposes of identification of the existing and new facilities upon the site. There are no bright colours utilised in the sign. The installation or construction of internally The portion of the sign that is occupied illuminated signs within a HCA is by the variable LED message is not discouraged unless it can be demonstrated strictly an internally illuminated sign in that internal illumination is an important the traditional sense, it will not be aspect of the heritage significance of that backlit internally but merely consists of area. LED lettering. The sign area is small at approximately 0.68m2. Given the location of the sign within the Village Town Centre zone, it is not uncharacteristic to see signage which may be illuminated by the same or similar method, even in Heritage Conservation Areas. The sign serves an important role in the provision of information to the community during night and daytime hours. Given the site is occupied by a theatre facility it is of an appropriate scale and location for such a sign with a small amount of illumination.

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Externally Illuminated signs are permitted There is no external illumination only where a) the design achieves a high proposed. degree of compatibility within the HCA and b) cabling and conduit supplying power to the sign is concealed and does not involve or damage significant fabric. The number of signs installed or constructed The signs are not proposed to be on an item is not to be excessive and attached to a heritage Item. There will generally limited to two signs. only be two signs erected. Construction or installation of any sign on a Not to be attached to a heritage item. heritage item is to be undertaken in such a manner that damage to significant fabric is avoided or reversible.

The proposed Wall sign facing David Road complies with all the heritage provisions set out in F6.2.2 of the Draft DCP 2014.

4.0 Section 79C(1)(a)(iii)(a) Planning Agreement There are no planning agreements that apply to the proposed development or the subject site.

5.0 Section 79C(1)(a)(iv) The Regulations The Environmental Planning and Assessment Regulation 2000 (the Regulations) provides controls and regulations that relate to the management of the proposed development. These requirements are inherent in the assessment processes undertaken for the proposal.

6.0 Section 79C(1)(b) Likely Impacts 6.1 Natural and Built Environment 6.1.1 Heritage impacts The site is located within the Macquarie Road Conservation Area (SP056) and adjacent to a heritage item - Braemar Gallery (SP022). Heritage impacts, particularly in relation to Braemar, were carefully considered as part of the development application for construction of the community facility (X/423/2012). The community hub on site reasonably requires signage be provided to identify the facility and provide information to the community on available services and activities.

The amended signage proposal, which is the subject of this report, is considered to have addressed a number of the potential areas of heritage impact; namely relative location, the size and scale of the Macquarie Road signage and the proposed colours and design. The amended proposal reduces the height of the sign from 1.2m to 660mm, and the overall length from 7.7m to 5.9m. This results in a signage structure which is less obtrusive, is sited more discreetly in the landscape, and does not significantly impact on the views towards Braemar when looking from the west.

The element of the Macquarie Road signage with the greatest potential for heritage impact is the illuminated message board, proposed at the western end of the sign. Heritage impacts in this respect are considered minor given the small scale of the illuminated message board, its location within the Town Centre, separation from Braemar and the community purpose it serves.

6.2 Social and Economic Impacts The sign provides clear identification of community facilities upon the site thereby enhancing use by the community. The LED sign will identify current and future events/activities on site enabling an ease of access to community information and therefore enhanced use of the facility. This increased visitation is likely to have both a positive social and economic impact.

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7.0 Section 79C(1)(c) Suitability of the Site The site is classified as Operational land and has been developed to provide a community facility for Springwood and for the Blue Mountains generally. The provision of signage to identify the site and building, as well as to provide information on the activities and facilities within that building, is considered a suitable development for the site.

8.0 Section 79C(1)(d - e) Submissions and Public Interest

8.1 Submissions As identified in the ‘Notification’ section of this report, the application was advertised in the Blue Mountains Gazette as well as written notification to adjoining properties.

The following are issues raised in the public submission have been addressed within the report: • The structure would block the vista of the buildings (new Civic centre and Braemar) from the footpath and passing motor vehicles due to its size. • The colours are not sympathetic with “Braemar’’ or the Civic Centre • The sign should be relocated and downsized to reduce impact. The sign should be removed behind the frontage of ‘’Braemar’’ • No consideration of HCA. • Not consistent with Draft DCP 2014

8.2 Public Interest The freestanding sign provides identification of a community facility together with notification activities and public events to be held onsite. The provision of this information, to encourage the use of the facility by the public, is considered beneficial. The development is therefore considered to be in the public interest.

9.0 Community Contribution The Blue Mountains City-Wide Section 94A Infrastructure Contributions Plan was adopted by Council on 15 October 2013 and applies to the site. In accordance with section 3.9.3 all applications submitted by on behalf of Blue Mountains City Council are exempt from paying the Section 94A levy.

Conclusion The proposal includes the erection of two signs; one on the Macquarie Road frontage, and the other at the David Road entrance to the site. The signage on David Road is considered to be of minimal impact. The Macquarie Road signage has greater visibility and potential impact on the streetscape and character of the site. When considering the purpose of the site as a landmark community facility, the proposed signage is considered appropriate. The amendments made to the Macquarie Road sign contribute it being visually suitable. The signage as amended is therefore considered appropriate and is recommended for approval.

ATTACHMENTS/ENCLOSURES

1 X-1243-2014 - Conditions of development consent 15/36634 Attachment

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Attachment 1 - X-1243-2014 - Conditions of development consent

Confirmation of relevant 1. To confirm and clarify the terms of consent, the development shall be plans carried out in accordance with the plans prepared by Peter Campbell Design, as follows: • Final Development Macquarie Road Sign, dated 03.02.2015; • Final Development Car Park Sign, dated 15.01.2015 and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent.

Building Code of Australia 2. All work must be carried out in accordance with the provisions of the Building Code of Australia.

Programmable Variable 3. The sign is to incorporate a Variable Message Board (VMB) type sign with the capacity to be pre-programmed to ensure compliance with Message Board. the conditions of this consent.

Detail shall be provided to Council indicating compliance with these conditions, and shall be approved prior to commencement of use.

Light spillage - general 4. To protect the amenity of the local area and to avoid obtrusive light spill to the surrounding area, signage lights shall meet the following requirements • The lights shall not flash or scroll. • The lights are to avoid excessive light spill to the surrounding road and residential properties. • The illuminated signage shall be turned off no more than 30 minutes after closing time. • Final text colour/s shall be appropriate for day time viewing but avoid adverse light spill during night time. As a minimum level of performance, the light output distribution shall conform with the standards in Table 2.1 “Recommended maximum values of light technical parameters for the control of obtrusive light” and Table 2.2 “Maximum luminous intensity per luminaire for pre- curfew operating times”, as outlined within Australian Standard 4282 – “Control of the obtrusive effects of outdoor lighting”.

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ITEM NO: 24

SUBJECT: STATE ENVIRONMENTAL PLANNING POLICY NO.1 (SEPP) VARIATIONS

FILE NO: F09162 - 15/30637

Delivery Program Link Principal Activity: Using Land Service: Land Use Management

Recommendation:

That the Council receives and notes this report.

Report by Director, Development & Customer Service:

Reason for report This is a regular report provided to the Council in compliance with reporting procedures required for development applications relying upon State Environmental Planning Policy No. 1 - Development Standards (SEPP1).

Background Councils have delegations from the Director General of the Department of Planning to determine development applications that rely on a variation of development standards under SEPP 1. The delegations specify that some applications must be determined by the Council, others are delegated to the General Manager, thence to the relevant officers.

With the exception of the variation that lifted limitation on the delegations in relation to the rebuild of bush fire affected dwellings, the current delegations to officers of the Council enable determination of applications utilising SEPP1 variations for each of the following classes are as follows:

1. Residential alterations and additions and single new dwellings if: • The variation in a development standard for building setback does not exceed that standard by more than 50%, or • The variation in any other development standard does not exceed that other standard by more than 25%

2. Otherwise officer delegations are limited to 10% variation from the standard. It should also be noted that applications are regularly also referred to the Council for determination as called up by Councillors.

Reporting Reporting of applications determined which rely on a SEPP 1 variation is by way of: • Quarterly Reports to the Department of Planning (DoP) • Quarterly reports listed on BMCC website • Report to each Ordinary Meeting of the Council

The applications that have been approved using SEPP 1 to vary a development standard since the last report to the Council, being for the period between 9 December 2014 and 26 January 2015, are as listed in Attachment 1.

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Sustainability Assessment A sustainability assessment is not required for this report.

ATTACHMENTS/ENCLOSURES

1 Council Report SEPP 1 15/37804 Attachment

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Attachment 1 - Council Report SEPP 1

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- 273 - MOVING AROUND Item 25, Ordinary Meeting, 24.03.15

ITEM NO: 25

SUBJECT: ACCESSIBLE PARKING IN GREENWAY LANE, SPRINGWOOD

FILE NO: F00205 - 14/244665

Delivery Program Link Principal Activity: Moving Around Service: Transport and Public Access

Recommendation:

That the Council receives and notes this report.

Director City & Community Outcomes:

Reason for report At the Ordinary Meeting of the Council of 9 December 2014, it was resolved:

“That the Council receives a report on the options and procedures to increase the number of disabled car parking places at the eastern end of Greenway Lane, Springwood.” [Minute No. 1253]

Background Greenway Lane is a local road that runs to the north of, and parallel with, Macquarie Road, Springwood and services three Council managed carparks and numerous businesses. There are currently four marked accessible (disabled) car parking spaces at the western end of Greenway Lane (see Map 1), in the main northern carpark, and one marked accessible space in the carpark at the eastern end of Greenway Lane (See Map 2). It is noted that the carparks adjacent to Greenway Lane are generally well utilised.

Accessible Carparking Spaces

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Map 1 Main Northern Carpark, Springwood

Potential Additional Accessible Carparking

Accessible Carparking Space

Map 2 Eastern Carpark, Springwood

Increased accessible parking options As can be seen from Map 2 there are adjacent non-accessible car parking spaces next to the existing accessible car parking space. Therefore, there are opportunities to increase the number of accessible spaces. Achieving this would require a reduction of two or more non- accessible spaces in this area.

Parking adjustments process As per the Roads Act 1993, Council may temporarily regulate traffic as per Sections 115 and 122 and may issue permits for events on roads as per Section 114. However, the authority vested to Council by the Roads Act 1993 does not include traffic control facilities and prescribed traffic control devices. Parking restrictions, including accessible car parking spaces, are considered prescribed traffic control devices.

Authority for the use of traffic control facilities and prescribed traffic control devices is delegated by Roads and Maritime Services (RMS) to Council as per the Transport Administration Act 1988. The Local Traffic Committee (LTC) process is the mechanism specified by RMS for the Council to exercise its delegation for the use of traffic control facilities and prescribed traffic control devices. The Council must refer all traffic related matters to the LTC prior to exercising its delegated functions.

The role of the LTC is primarily to examine and consider the technical aspects of the proposals and ensure that the proposal meets current technical guidelines for traffic regulation and make a recommendation to the Council. The LTC agenda should only contain items which require the Council to exercise its delegated functions.

The LTC process for consideration of additional accessible parking at the eastern carpark in Greenway Lane can be summarised as per Flow Chart 1.

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Flow Chart 1 Local Traffic Committee process.

Should additional accessible car parking spaces be requested then further investigation, including parking counts and consultation with adjacent property owners/residents and stakeholders will be required prior to consideration by the LTC. These investigations would also consider other potential opportunities for additional accessible car parking and actual accessible routes to these parking areas. It is noted that Council has not received any recent requests for additional parking at the eastern end of Greenway Lane.

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Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social Nil Nil Economic Nil Nil Governance Responds appropriately to a resolution of Nil the Council.

Financial implications for the Council There are no financial implications with adopting the recommendations of this report.

Legal and risk management issues for the Council There are no legal or risk management issues with adopting the recommendations of this report.

External consultation No public consultation has been undertaken during the preparation of this report.

Conclusion There are potential opportunities for additional accessible car parking at the eastern end of Greenway Lane, Springwood, as detailed in this report. Implementation of any additional accessible car parking would require further detailed investigation, consultation and referral to the Local Traffic Committee for consideration.

However, given the existing accessible car parking provision in the Greenway Lane area, the lack of recent requests for additional accessible car parking, and the potential reduction of well used car parking spaces, the provision of additional accessible car parking at the eastern end of Greenway Lane is not considered as warranted at this time.

Therefore, it is recommended that the Council receives and notes this report.

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- 277 - MOVING AROUND Item 26, Ordinary Meeting, 24.03.15

ITEM NO: 26

SUBJECT: SUPPLY AND DELIVERY OF ONE 22.5 TONNE ROAD MAINTENANCE VEHICLE

FILE NO: F09162 - 15/38809

Delivery Program Link Principal Activity: Moving Around Service: Transport and Public Access

Recommendations:

1. That the Council accepts the tender submitted by Paveline International Pty Ltd for the supply and delivery of one (1) 22.5 Tonne Road Maintenance Vehicle, for the price of $355,762 excluding GST; and

2. That the Council disposes of the replaced road maintenance vehicle by public auction.

Report by Director, City Services:

Reason for report The Council’s road maintenance unit, which has been in operation since 2008, is due for replacement. This report outlines the outcomes of the recent tender process and seeks the approval of the Council to award the contract for the replacement of this vehicle.

Background The road maintenance unit is programmed for replacement on a maximum eight year cycle based on the following criteria: • Optimum resale value; • Minimum maintenance costs; and • The harsh operating conditions and stringent reliability requirements of the work requiring programmed changeovers.

The scheduled changeover at eight year intervals has been found to minimize ownership costs for the road maintenance program.

Tenders were called for the supply and delivery of one road maintenance vehicle. The tender process was undertaken using Local Government Procurement Vendor Panel, which is prescribed under Section 55 of the Local Government Act 1993 to provide tender service support for local government authorities.

Tender Evaluation A Tender Assessment Panel comprising of the Council’s Fleet and Supply Officer, Coordinator Roads West, Coordinator Pavement Team and in consultation with Mechanical Services Team Leader, Workplace Safety and Risk Officer (acting as an independent) and operator of the Road Maintenance Vehicle was established to evaluate the tender submissions. The panel declared no pecuniary or non-pecuniary interests related to the tenders received. The summary of the tenders received and the weighted scores are shown in Table 1.

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Table 1: Tender Pricing and Evaluation Scores Tender Model Price (ex GST) Total Weighted Score Paveline Paveline Cogen $355,762.00 83.85 International Pty Ltd Isuzu Truck FVY 1500 Mercedes-Benz Flocon Maintenance $294,017.90 78.6 Trucks unit Mercedes Benz Axor 2633L Volvo Trucks Ausroad Systems $311,836.00 78.25 Volvo FE 7 Hino Motor Sales Ausroad System $324,596.00 75.9 Australia Pty ltd Hino FM 2630 Long Ausroad Systems Pty Ausroad Systems $304,374.00 74.95 Ltd Fuso Truck and Bus* Fuso 2427 $292,589.00 74 Fuso Truck and Bus* Fuso 2427 $328,945.00 71.2 * Non-Conforming Tender

The full tender assessment criteria, including detailed ranking information, together with relevant assessment spreadsheets and inspection reports are held on file and are available for review.

The key review areas for investigation and consideration included: • Physical inspection by the operators and the Tender Assessment Panel of the cab chassis and the road maintenance body; • Assessment of the operational issues affecting drivers including cabin access, and the equipment maintenance requirements; • Examination of the environmental impact, including operational noise and safe working system, and the disposal of waste cleaning products; • Ability of each of the tenderers to perform work and deliver the vehicle as required.

Results of the detailed tender evaluation Based on the detailed assessment of the tenders, Paveline International Pty Ltd was determined as best meeting the tender selection requirements. These included:

• Ergonomic cabin design and general comfort with improved operator controls; • Good overall driver visibility providing safer work environment for the general public and operators • Supplier training and support through the provision of qualified trainers and the manufacturer supplied curriculum. • Disposal of waste material from this machine is not required as it uses an air purge system for cleaning, whereas the other tender units use kerosene as the cleaning material. At present Council is disposing of waste material from our current machine at a cost of up to $3,000 per month during the wet season. The Paveline does not use material that will need to be disposed of as it is fully cleaned by air. This should return an operational saving of approximately $18,000 per year, or $140,000 over the life of the vehicle. • The Paveline operation has minimal manual handling. • The Paveline machine maintains the heat in the material being transported better as it has an onboard heating system. The other machines rely on the exhaust system of the truck for this to occur. As this machine will be operating in a cold climate for a large part

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of the year, maintaining the heat in the material is of a high importance so as to produce a high quality job.

The evaluation of the servicing, current product knowledge and the related criteria also endorsed the selection of Paveline International Pty Ltd as the preferred supplier for the road maintenance unit.

Sustainability Assessment Effects Positive Negative Environmental Vehicle chosen meets the latest Euro 5 emission Nil standards. Low operational noise and the use of air purge cleaning. Social Nil Nil Economic Optimum resale value and reduced recurrent Nil operational cost. Equipment has been specified to minimize impact on current infrastructure. Governance Local Government Procurement (Vender Panel) was Nil used for the tendering process.

Financial implications for the Council The cost of this vehicle purchase has been fully funded through the fleet replacement reserve.

Legal and risk management issues for the Council The tender process has been conducted in accordance with Council procurement policies via Local Government Procurement (Vendor Panel). There are no identified legal or risk management issues related to this matter.

External consultation Tenders were called as part of this procurement process. No external stakeholder consultation was undertaken.

Conclusion The tender process and the subsequent detailed tender assessment has identified that Council’s requirements for the replacement road maintenance unit are best met through the submission by Paveline International Pty Ltd at a total cost of $355,762.00 excluding GST.

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NOTICES OF MOTION

NOTICES OF MOTION Item 27, Ordinary Meeting, 24.03.15

ITEM NO: 27

SUBJECT: TEMPORARY ACCESS ARRANGEMENT FOR LAPSTONE NETBALL COURTS EASTERN BOUNDARY

FILE NO: F09162 - 15/40147

Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk

Notice of Motion by Councillor Greenhill:

That the Council, noting the report provided to the Ordinary Meeting of the Council held 11 October 2011 on the access opportunities for residents backing onto the eastern boundary of the Lapstone netball courts, receives a report on the ability of providing a temporary access arrangement for this location and that in the interim the current access remains.

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- 283 - NOTICES OF MOTION Item 28, Ordinary Meeting, 24.03.15

ITEM NO: 28

SUBJECT: DEPARTMENT OF SOCIAL SERVICES COMMUNITY SERVICES FUNDING

FILE NO: F09162 - 15/45914

Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk

Notice of Motion by Councillor Hollywood:

1. That the Council writes, as a matter of urgency, to the Minister for Social Services Scott Morrison, the Member for Macquarie Louise Markus and Senator Doug Cameron to express our concerns about the retendering process for the Department of Social Services (DSS) community services funding highlighting:

• the loss of long-term, locally based and accessible community services providing Emergency Relief funding in the Blue Mountain; and

• the impact of the reduction in overall DSS funding on vulnerable and disadvantaged people in our community; and

2. That the Council receives a report on the impact of the changes to DSS funding on the Blue Mountains community including:

• the role that Blue Mountains Family Support Services and its partners Gateway Family Services and Winmalee Neighbourhood Centre have played in providing Emergency Relief Services in the Blue Mountains; and

• the importance of accessible, locally based community services to provide effective and timely emergency relief and support to vulnerable and disadvantaged people living in the Blue Mountains LGA.

Background The Commonwealth Department of Social Services has recently undertaken a comprehensive retendering of funding for its community services programs. This retendering process includes reductions in overall funding for community services of up to $271m over four years. While the successful tenderers are yet to be publicly announced, community services that have lost funding or will receive reduced funding have been notified.

Blue Mountains Family Support Service (BMFSS) has provided, in partnership with Gateway Family Services and Winmalee Neighbourhood Centre, Emergency Relief for vulnerable and disadvantage people and families in the Blue Mountains for the last 20 years. As a result of the retendering process, BMFSS will cease providing its emergency relief services on 31 March 2015. At the time of writing, the new providers of Emergency Relief funding have yet to be announced.

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PRECIS OF SELECTED CORRESPONDENCE

PRECIS OF SELECTED CORRESPONDENCE Item 29, Ordinary Meeting, 24.03.15

ITEM NO: 29

SUBJECT: PRECIS OF SELECTED CORRESPONDENCE

FILE NO: F09162 - 15/38221

Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk

Recommendation:

That the Précis of Selected Correspondence be received and appropriate letters forwarded where necessary.

Correspondence Received by Council

1. 6 February 2015 – Pru Goward, MP, Minister for Planning, Minister for Women, NSW Government Letter to the Mayor regarding the draft Blue Mountains Local Environmental Plan 2013 and the proposed inclusion of the R6 Residential Character Zone.

2. 10 February 2015 – Roza Sage MP, Member for the Blue Mountains Letter to the General Manager regarding funding for the Ageing and Disability Worker position.

3. 26 February 2015 – Pru Goward, MP, Minister for Planning, Minister for Women, NSW Government Letter to the General Manager regarding the draft Blue Mountains Local Environmental Plan and the deferring land in Wentworth Falls.

4. 27 February 2015 – Residents of Mt Victoria Petition: Regarding roaming dogs in Mt Victoria. No of signatures: 13

5. 3 March 2015 – Rob Stokes, MP, Minister for the Environment, Minister for Heritage, Minister for the Central Coast, Assistant Minister for Planning Letter to the General Manager regarding the waste levy.

Correspondence Sent by Council

6. 29 January 2015 – Chairman, Blue Mountains Lithgow and Oberon Tourism Letter from the General Manager regarding the Blue Mountains Lithgow and Oberon Tourism.

7. 4 February 2015 – Sandra Chipchase, Chief Executive Officer, Destination NSW Letter from the General Manager regarding the Blue Mountains Lithgow and Oberon Tourism. Copies to: Roger Baily, General Manager Lithgow City Council; Alan Cairney, General Manager, Oberon Council. - 287 - PRECIS OF SELECTED CORRESPONDENCE Item 29, Ordinary Meeting, 24.03.15

8. Hon. Kevin Humphries, Minister for Natural Resources, Land and Water 2015 Letter from the General Manager regarding Sydney Water’s Cessation of Subsidised Sewer Pump-out in the Blue Mountains Local Government Area. Copies to: Paul Freeman, Sydney Water Corporation; Roza Sage, MP, Member for Blue Mountains.

9. 10 February 2015 – Hon. Senator David Leyonhjelm, Senator for NSW Letter from the Mayor regarding the support for Marriage Equality. Copies to: The Hon. Senator Doug Cameron, Senator for NSW; Louise Markus, MP, Federal Member for Macquarie.

10. 13 February 2015 – Vanessa Ferreira, Senior Project Officer, Office of the NSW Small Business Commissioner Letter from the General Manager regarding Small Business Friendly Council Charter.

11. 23 February 2015 – Hon. Stuart Ayres, MP Letter from the General Manager regarding the Parking at Warrimoo Oval.

ATTACHMENTS/ENCLOSURES

1 Comment on R6 Residential Character Zone deferral 15/22579 Attachment 2 Correspondence - Ageing and Disability Worker Funding 15/23113 Attachment 3 Response Letter - LEP 2014 Draft 15/36060 Attachment 4 Petition - Roaming dog problem St Georges Parade Mount 15/38663 Attachment Victoria 5 Response Letter - Waste Levy 15/37667 Attachment 6 Letter from GM BMCC to Chairman BMLOT regarding 15/42091 Attachment Council Resolution 7 Letter from GM BMCC to Destination NSW regarding 15/38102 Attachment BMLOT 8 Sydney Water Cessation of Subsidised Sewer Pump-out - 15/18495 Attachment letter to Minister Humphries following Council Resolution 9 Letter to Senator Leyonhjelm re Support for Marriage 15/19085 Attachment Equality re. CSR 205383 10 Letter to Vanessa Ferreira re Small Business Friendly 15/21055 Attachment Councils Charter 11 GM Letter to Stuart Ayres - Parking Options - costs - 15/34145 Attachment Warrimoo Oval

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Attachment 1 - Comment on R6 Residential Character Zone deferral

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Attachment 2 - Correspondence - Ageing and Disability Worker Funding

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Attachment 3 - Response Letter - LEP 2014 Draft

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Attachment 4 - Petition - Roaming dog problem St Georges Parade Mount Victoria

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Attachment 5 - Response Letter - Waste Levy

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Attachment 6 - Letter from GM BMCC to Chairman BMLOT regarding Council Resolution

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Attachment 7 - Letter from GM BMCC to Destination NSW regarding BMLOT

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Attachment 8 - Sydney Water Cessation of Subsidised Sewer Pump-out - letter to Minister Humphries following Council Resolution

6 February 2015 Office of the General Manager Reference File: F08215 File No: 15/018495 The Hon Kevin Humphries Minister for Natural Resources, Lands and Water Level 36 Governor Macquarie Tower 1 Farrar Place SYDNEY NSW 2000

Dear Minister

SUBJECT Sydney Water’s Cessation of Subsidised Sewer Pump-out in the Blue Mountains Local Government Area I am writing to advice that, in response to recent announcements on the above matter, at the Blue Mountains City Council meeting on 27 January, the Council resolved to write to yourself, the Member for the Blue Mountains Mrs Roza Sage MP, and Sydney Water to:

“Welcome the NSW Government’s decision to reinstate the subsidy for septic pump-out to 72 properties across the Blue Mountains households and to offer these property owners a long-term solution for the ongoing disposal of their sewerage;

Clarify when and for how long the septic pump-out subsidy will be reinstated and, in turn, highlight the importance of its immediate reinstatement while properties owners examine the options available to them;

Clarify what a ‘long-term solution’ means for all property owners, noting that some properties may not be suitable for an onsite system and the Minor Sewer Extension options is prohibitively expensive where it has been offered;

Express the Council’s disappointment that the NSW Government has ceased the Priority Sewerage Program, which now leaves many properties across the Blue Mountains with no prospect of ever being connected to the Reticulated Sewerage System.”

Clearly a number of matters remain outstanding, the early resolution of which will be of great comfort to the local community. In order to address these the Council will continue to liaise directly with officers at Sydney Water to seek an early resolution. Should you have any questions regarding this letter then please contact Luke Nicholls, Director City & Community Outcomes on 4780 5000.

Yours faithfully

ROBERT GREENWOOD General Manager

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Attachment 9 - Letter to Senator Leyonhjelm re Support for Marriage Equality re. CSR 205383

10 February 2015 Office of the Mayor Reference File: F00085 File No: 15/019085 The Hon. Senator David Leyonhjelm Senator for New South Wales PO Box 6100 Senate Parliament House CANBERRA ACT 2600

Dear Senator Leyonhjelm,

SUBJECT Support for Marriage Equality

I am writing on behalf of the Blue Mountains City Council (Council) regarding a motion adopted at the ordinary Council meeting of 27 January 2015. At this meeting the Council confirmed its support for the Freedom to Marriage Bill you are putting before Federal Parliament, having resolved:

“1. That the Council adopts the following Marriage Equality Proclamation;

MARRIAGE EQUALITY PROCLAMATION We believe that marriage between two loving and committed adults, regardless of gender and sexuality, deserves to be celebrated, validated and acknowledged;

We believe that when people’s love is not recognised by law, it is that law that needs to change;

We believe our elected leaders have a responsibility to protect the rights of all citizens;

We believe that Marriage Equality is about human rights and respect;

We believe in celebrating diversity and inclusion in our society; and

We, of Blue Mountains City Council, proclaim our support for Marriage Equality. It’s time for legislation to support Marriage Equality.

2. That the Council confirms its support of Senator Leyonhjelm’s Freedom to Marriage Bill currently before the Federal Parliament; and

3. That Council writes to the Federal Member for Macquarie Louise Markus and Senator Doug Cameron urging their support of this Bill.”

[MINUTE NO. 32]

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Should you require further information regarding this matter, please contact Luke Nicholls, Director, City & Community Outcomes on 4780-5000, or email [email protected].

Yours faithfully

MARK GREENHILL Mayor

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Attachment 10 - Letter to Vanessa Ferreira re Small Business Friendly Councils Charter

13 February 2015 Office of the General Manger Reference File: F00896 File No 15/21055 Ms Vanessa Ferreira Senior Project Officer Small Business Unit Office of the NSW Small Business Commissioner GPO Box 5477 SYDNEY NSW 2001

Dear Ms Ferreira

SUBJECT Small Business Friendly Council Charter

I am delighted to advise you that at the Ordinary Meeting of 27 January, 2015 the Blue Mountains City Council (Council) made the following resolution in relation the initiative of the NSW Small Business Commissioner, specifically:

“1. That the Council endorses the request to join the Small Business Friendly Councils Program;

2. That the Council adopts the performance measures identified in the report for inclusion within the 2014-15 Operational Plan; and

3. That reporting commences on these matters from the end of the period of Quarter 3 of the 2014-15 Operational Plan.” (Minute No. 8)

To this end, please find attached a signed copy of the agreement together with further details of the operational plan reporting that the Council has committed to undertaking. Reporting on these matters will commence at the end of Quarter 3 (in April 2015).

Thank you once again for extending the invitation to the Council to join the program. I look forward to working closely with the Office of the NSW Small Business Commissioner on joint programs in the near future.

Please contact Andy Turner, Manager, City Planning, on 4780-5513 should you require further information on this matter.

Yours faithfully

ROBERT GREENWOOD General Manager

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Attachment 11 - GM Letter to Stuart Ayres - Parking Options - costs - Warrimoo Oval

23 February, 2015 Office of the General Manager Reference File: 15/034145 The Hon. Stuart Ayres, MP [email protected]

Dear Minister

SUBJECT Parking at Warrimoo Oval

At its Ordinary Meeting of January 27, 2015, Blue Mountains City Council resolved the following, regarding parking improvements at Warrimoo Oval, Warrimoo:

That the Council writes to Blue Mountains MP, Roza Sage, and the Minister for Sport and Recreation, Stuart Ayres to seek NSW Government funding for this project. Minute 13

Council has identified a number of options that may improve parking opportunities and behaviour at the Warrimoo Oval facility, including possible reduction of congestion in Rickard Road. A summary of these improvement options, including estimated costs, is shown below in order of preference:

Short-term projects: 1. Reconfigure the old clubhouse carpark ($25,000) to provide off-street drop-off point and turn around area; and 2. Extend the western carpark with roadbase ($35,000) to provide additional spaces.

Long-term projects: 1. Formalise the oval carpark ($225,000 fully sealed or $100,000 spray seal) to provide up to 20 additional spaces; and 2. Develop angle parking eastwards from the oval on the bushland side. ($170,000) to provide 25 additional spaces.

A copy of the adopted masterplan drawing for Warrimoo oval is attached to this letter and indicates the location and site context of the above works.

These works are currently unbudgeted and any funding assistance your office can provide to progress them would be greatly appreciated by Council. I look forward to your favourable consideration of this matter.

Yours faithfully

ROBERT GREENWOOD General Manager

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