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MAITLAND CITY COUNCIL

Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that a Meeting of Maitland City Council will be held in the Council Chambers, Town Hall, High Street, Maitland, commencing at 5.30pm.

ORDINARY MEETING AGENDA

14 AUGUST 2012

DAVID EVANS GENERAL MANAGER

Please note:

In accordance with the NSW Privacy and Personal Information Protection Act, you are advised that all discussion held during the Open Council meeting is recorded for the purpose of verifying the minutes. This will include any discussion involving a Councillor, Staff member or a member of the public.

ORDINARY MEETING AGENDA 14 AUGUST 2012

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 INVOCATION ...... 1

2 APOLOGIES AND LEAVE OF ABSENCE ...... 1

3 DECLARATIONS OF INTEREST ...... 1

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING ...... 1

5 BUSINESS ARISING FROM MINUTES ...... 1

6 MAYORAL MINUTE ...... 1

NIL ...... 1

7 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS ...... 1

8 PUBLIC ACCESS ...... 1

9 GENERAL MANAGER'S REPORTS ...... 2

9.1 RETIREMENT OF COUNCILLOR RAY FAIRWEATHER ...... 2

10 PLANNING, ENVIRONMENT AND LIFESTYLE REPORTS ...... 4

10.1 DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL...... 4 10.2 DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL...... 33 10.3 DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL ...... 59 10.4 WORKS IN KIND AGREEMENT FOR GOVERNMENT ROAD THORNTON ...... 97 10.5 RELEASE OF STATE GOVERNMENT GREEN PAPER - A NEW PLANNING SYSTEM FOR NSW ...... 129 10.6 REZONING OF THE FARLEY URBAN RELEASE AREA ...... 147 10.7 ALCOHOL POLICY SPORTSGROUNDS FACILITIES AND RESERVES ...... 214 10.8 HUNTER VALLEY STEAMFEST ...... 227

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10.9 ASHTONFIELD PUBLIC SCHOOL - PETITION FROM LOCAL RESIDENTS ...... 234

11 APPEARANCE AND INFRASTRUCTURE REPORTS...... 269

11.1 PAVEMENT REPAIR INVESTIGATION - DENTON PARK DRIVE, ABERGLASSLYN ...... 269 11.2 GRAFFITI REMOVAL PROJECT - ROTARY CLUBS ...... 272 11.3 GRAFFITI REMOVAL DAY 2012 ...... 282 11.4 RECREATIONAL VEHICLE WASTE DUMP POINT ...... 287

12 CORPORATE SERVICES REPORTS ...... 289

12.1 STATEMENT OF INVESTMENTS AS AT 31 JULY 2012 ...... 289

13 CORPORATE PLANNING AND ENGAGEMENT REPORTS ...... 294

13.1 END OF TERM REPORT ...... 294

14 STRATEGIC PROJECTS REPORTS ...... 299

NIL ...... 299

15 PEOPLE AND PERFORMANCE REPORTS ...... 300

15.1 ALCOHOL AND OTHER DRUGS POLICY ...... 300 15.2 EQUITY DIVERSITY & RESPECT POLICY ...... 311 15.3 CHILD PROTECTION POLICY ...... 328 15.4 WORKPLACE HEALTH & SAFETY POLICY 2012 ...... 339

16 ITEMS FOR INFORMATION ...... 351

16.1 CLUBGRANTS FUNDING ROUND - DISPERSMENT OF FUNDS ...... 351 16.2 PRELIMINARY 2011 CENSUS RESULTS ...... 353 16.3 HUNTER RESOURCE RECOVERY - TENDER OUTCOME...... 372 16.4 COUNCILLOR MOTIONS ...... 374 16.5 LOCAL TRAFFIC COMMITTEE MEETING JULY 2012 MINUTES ...... 378 16.6 CODE OF CONDUCT COMPLAINT REPORTING ...... 384

17 NOTICES OF MOTION/RESCISSION ...... 385

17.1 TRAFFIC CONGESTION AT THE ROUNDABOUTS ON THE NEW ENGLAND HIGHWAY, RUTHERFORD ...... 385 17.2 THE BLOCK AND MASTERCHEF COMPETITION WINNERS ..... 388

18 QUESTIONS WITH NOTICE ...... 389

18.1 MASTERPLAN FOR PORTER PLACE PARK IN LOCHINVAR .... 389

19 URGENT BUSINESS ...... 391

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20 COMMITTEE OF THE WHOLE ...... 392

20.1 BANKRUPTCY ACTION AGAINST OWNER OF ASSESSMENT 20759 ...... 392

21 CLOSURE ...... 393

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PRESENT

1 INVOCATION

2 APOLOGIES AND LEAVE OF ABSENCE

3 DECLARATIONS OF INTEREST

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

● The Minutes of the Ordinary Meeting held 24 July 2012 be confirmed. 5 BUSINESS ARISING FROM MINUTES

6 MAYORAL MINUTE

Nil 7 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS

8 PUBLIC ACCESS

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General Manager's Reports 9 GENERAL MANAGER'S REPORTS

9.1 RETIREMENT OF COUNCILLOR RAY FAIRWEATHER 9.1 RETIREMENT OF COUNCILLOR RAY FAIRWEATHER

File No: 35/51 Attachments: Nil Responsible Officer: David Evans - General Manager Author: David Evans - General Manager Maitland 2021 Outcome 16: Identified and connected leaders Council Objective: 16.2.1 To consolidate Council’s position as a strong leader and champion for the Maitland community

EXECUTIVE SUMMARY

The purpose of this report is to formally acknowledge the retirement of Councillor Ray Fairweather and his contribution to the City of Maitland as an Alderman and Councillor over his 35 years of service on Maitland City Council.

OFFICER’S RECOMMENDATION

THAT

1. Councillor Ray Fairweather’s retirement from Local Government be acknowledged at this, his final Council Meeting; and 2. Councillor Ray Fairweather be invited to make a brief address to this, his final Council Meeting.

REPORT As Councillors are aware, this is the final meeting of Maitland City Council in the current term, and the final meeting for Councillor Ray Fairweather as he retires from local government.

Councillor Fairweather has served the City and its community as an Alderman and Councillor in a career spanning 35 years, serving as Alderman and Councillor from 1977 to 1997, and from 1999 to 2012. Councillor Fairweather also served as Mayor of the City from September, 1991 to September, 1992.

During his time on Council, Councillor Fairweather has been an active member of many committees including Bruce Street Community Hall, the Local Traffic Committee, council’s Property Committee, Internal Audit Committee and Works Committee. He has also served as a Trust Member and Chairman of the Walka Water Works Trust and is a member of the current Walka Water Works Advisory Committee.

Council under Mayoral Minute at its meeting held on 13 December, 2011, recognised Councillor Fairweather’s service to Council, the City and the community by resolving

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RETIREMENT OF COUNCILLOR RAY FAIRWEATHER (Cont.) to name an area within the Walka Water Works recreation reserve “The Ray Fairweather Park”. This naming was formalised at a ceremony conducted at Walka Water Works on Saturday 14 July, 2012.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.

POLICY IMPLICATIONS This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.

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Planning, Environment and Lifestyle Reports 10 PLANNING, ENVIRONMENT AND LIFESTYLE REPORTS

10.1 DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - Lot 10 DP617237, 47-49 Church Street, Maitland Recommendation: Approval 10.1 DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL

File No: DA 12-1147 Attachments: 1. Locality Plan 2. Development Plans 3. Public Submissions 4. Heritage Council NSW Exemption Responsible Officer: Bernie Mortomore - Executive Manager Planning, Environment and Lifestyle David Simm - Manager Development & Environment Stephen Punch - Principal Planner Author: Cindy Dickson - Town Planner

Applicant: The Well Worker Pty Ltd Owner: Fernlic Pty Ltd Proposal: Change of Use to Medical Centre, Minor Internal Alterations & Business Identification Signage Location: 47-49 Church Street, Maitland Zone: B4 Mixed Use

EXECUTIVE SUMMARY

Development consent is sought from Council for Change of Use to a Medical Centre, Minor Internal Alterations and Business Identification Signage at 47-49 Church Street, Maitland. The subject land is zoned B4 Mixed Use under Maitland Local Environmental Plan, 20011. A medical centre is a permissible form of development in the B4 Mixed Use zone with Council consent and is consistent with the objectives of the zone.

The site is within a Heritage Conservation Area and the building (known as the former Jewish Synagogue) is a state listed item of heritage significance. It is located in Central Maitland on the corner of Church Street and Ken Tubman Drive. It directly adjoins Pender Place Shopping Centre. The building is currently vacant, however, was previously utilised for a variety of commercial uses (including both a credit union and an accountancy firm).

The proposal involves a change of use for the existing building to a medical centre, incorporating business identification signage, as well as minor internal alterations to include a disabled toilet facility and the addition of partition (non-structural) walls. Chromis Occupational Medicine are the intended occupants for the building, who specialise in occupational health and medical services including pre-employment medicals and assessments, injury management, drug and alcohol testing, and rail and other transport sector medicals.

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DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

The application was notified for a period of 14 days and during the period one (1) submission was received. The key issues raised included lack of information regarding client numbers, consulting rooms, waste disposal and information demonstrating compliance with relevant legislation. Several of the issues were worked through with the applicant during the assessment process. The issues are addressed in the body of this report, however, it is considered that the issues raised are not sufficient to warrant refusal of the application. Accordingly, it is recommended the application be approved subject to conditions.

The development application has been assessed under the relevant matters for consideration of Section 79C(1) of the Environmental Planning and Assessment Act, 1979 and is considered satisfactory.

OFFICER’S RECOMMENDATION

THAT DA 12-1147 for a Change of Use to a Medical Centre, Minor Internal Alterations and Business Identification Signage on Lot 10 DP617237, 47-49 Church Street, Maitland be approved, subject to the conditions of consent set out in the attached schedule.

REPORT

The purpose of this report is to provide Council with a detailed assessment of the development proposal to enable the determination of the application. The application is put before Council due to the receipt of one (1) submission during the notification process and variations required to Council’s car parking requirements under the Maitland Development Control Plan 2011.

BACKGROUND

The building is located in Central Maitland on the corner of Church Street and Ken Tubman Drive and directly adjoins Pender Place Shopping Centre. The site is bound to the north by Ken Tubman Drive and Church Street to the west. It is within a Heritage Conservation Area and the building (known as the former Jewish Synagogue) is a state listed item of heritage significance. The site is shown in figure 1 and the existing building is shown in Figure 2.

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DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

Figure 1 – Aerial shot of the subject site

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DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

Figure 2 – Existing building frontage to Church Street

The building is currently vacant, however, was previously utilised for a variety of commercial uses (including both a credit union and an accountancy firm).

PROPOSAL

The proposal involves the change of use of a commercial building to a medical centre, incorporating business identification signage, as well as minor internal alterations to include a disabled toilet facility and the addition of partition (non- structural) walls. Chromis Occupational Medicine are the intended occupants for the building, who specialise in occupational health and medical services including pre- employment medicals and assessments, injury management, drug and alcohol testing, and rail and other transport sector medicals. Chromis Occupational Medicine have existing offices in High St, Maitland and Brown St, Broadmeadow. Many of the activities performed by the doctors will be undertaken at the clients business premises rather than at the Chromis Office.

The centre will generally operate with two (2) administrative staff and one (1) doctor, with an additional doctor on the site between 10.00am and 2.00pm for one day each week. The business proposes to operate for the following hours:

 Standard Hours – 8.00am to 6.30pm Monday to Friday; and

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DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)  Maximum Usage – 6.30am to 8.00pm Monday to Sunday during peak periods.

It is proposed that the existing approved illuminated free standing sign to the front of the site will have a message upgrade to reflect the use of the building by Chromis. The external areas of the building will not be altered.

Application plans showing the development proposal in more detail are provided as Attachment 2 to this report.

PLANNING ASSESSMENT

The proposal has been assessed under the relevant matters for consideration detailed in Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as follows:

Section 79C(1)(a)(i) provisions of any environmental planning instrument

Local Environmental Plan

The subject land is zoned B4 Mixed Use under Maitland Local Environmental Plan 2011. The proposed development is defined under the LEP as a “Medical Centre” which is a permissible land use in the B4 zone with Council consent. The proposal is not considered to be inconsistent with the zone objectives, as follows:

 To provide a mixture of compatible land uses.  To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

The proposed use will maintain the commercial use of the existing building and is considered to be compatible with the character of the nature of uses in the vicinity.

Heritage Conservation

The subject site is located within a Heritage Conservation Area under the Maitland Local Environmental Plan 2011 (LEP) and the building (known as the former Jewish Synagogue) is a state listed item of heritage significance. In addition to the provisions of the B4 Mixed Use zone, Council must also consider the provisions of the LEP in regard to heritage conservation under Clause 5.10.

An assessment has been undertaken as to the affect the development will have on the heritage significance of the Conservation Area and significant heritage item. The building was constructed in 1879 and has been used for commercial purposes since the 1950’s. The building was extended to the east in 1987 with additional office space, kitchen and toilets added. Further additions and modifications were made to the building in 2001. The original synagogue is built up to the northern boundary while the later additions are setback from the street.

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DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) Given there are no external modifications proposed to the building, no impacts are anticipated to the streetscape, setting and views. The alterations to the interior include a disabled toilet facility and the addition of partition (non-structural) walls, which are of a minor nature. The hall will form a reception space, while the offices at the rear will be used for administration, doctors offices and storage facilities. The NSW Heritage Office have granted an exemption from approval under the Heritage Act 1977 for the minor change of use and internal works. Correspondence from the NSW Heritage Office was submitted with the application dated 23 April 2012 and is provided as attachment 4 to this report.

The St Mary’s the Virgin Anglican Church & Rectory is in close proximity to the site, which is an item of state heritage significance. No impacts to this item are anticipated given that no external modifications to the building are proposed.

It is also proposed to upgrade the message display on an existing free standing business identification sign. The message will include the corporate logo and colour scheme of Chromis. Although internal illumination is generally discouraged in a heritage conservation area, the existing sign is currently illuminated and was approved under previous application DA 90-157. The size and location of the sign will not be altered. The signage is considered compatible with the surrounding heritage conservation area and shall not have any significant impacts upon the listed item.

The proposed development continues the commercial use of the building and is considered to provide an ongoing and sustainable source of income for the maintenance and preservation of the significant listed heritage building.

Flood Planning

The subject site is located within a ‘flood planning area’ under the Maitland Local Environmental Plan 2011 (LEP). In this regard, the provisions of Clause 7.3 of the LEP must be considered. The building is existing and no external modifications are proposed. The works to the interior of the building are of a very minor nature. In this regard, the flood risk to life and property associated with the use of the land shall not increase as a result of the proposal.

State Environmental Planning Policies

State Environmental Planning Policy 64 – Advertising & Signage

The business identification signage component of the proposal satisfies the aims and objectives of SEPP64 in respect of its compatibility with the desired amenity and visual character of the heritage conservation area, its effective communication in the location and its appropriateness in terms of design, scale and form for both the building and the streetscape setting. Internally illuminated signage is not encouraged in a heritage conservation area, however, the sign is currently internally illuminated and this was approved under previous application DA 90-157.

All other provisions outlined in SEPP64 including positioning of the sign are considered acceptable.

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DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

State Environmental Planning Policy - Infrastructure

The proposal is defined as a ‘health services facility’ under the SEPP, which is defined as ‘a facility used to provide medical or other services relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or treatment of injury to persons, and includes the following: a) Day surgeries and medical centres; b) Community health service facilities; c) Health consulting rooms; d) Facilities for the transport of patients, including helipads and ambulance facilities; e) Hospitals’.

The proposal meets the aims of the policy as it provides a required community service that will not have any significant environmental impacts. The proposal is compliant with all other provisions outlined in SEPP Infrastructure.

Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition

No Draft Environmental Planning Instruments apply to the proposal.

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

Part A – Administration

A.4 – Community Participation

The application was notified for a period of 14 days from 7 May 2012 to 21 May 2012. During this time, Council received one (1) submission in response to the application and the issues raised are considered under Section 79C(1)(d) in this report.

Part B – Environmental Guidelines

B.3 Hunter River Floodplain Management

The subject site is located within a flood planning area. The level of the 1:100 ARI (average recurrent interval) flood event is R.L. 9.73m A.H.D. In addition to the provisions contained within the Maitland LEP 2011, the provisions of this policy apply to the proposal. The building is existing and no external modifications are proposed. The works to the interior of the building are of a very minor nature. In this regard, the flood risk to life and property associated with the use of the land shall not increase as a result of the proposal.

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DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) B.6 – Waste Not – Site Waste Minimisation and Management

A site waste management and minimisation plan accompanied the development application. Only small amounts of medical waste will be generated as a result of the development. The waste will be separated and bagged for collection by a private contractor using a small van or standard vehicle. Blood waste collection will be daily and other waste including sharps and used cups will be at least twice weekly. No medical waste will be disposed of through the normal commercial waste stream. The submitted plan provides for sustainable waste management through the provision of appropriate storage and collection facilities (including separation of medical waste, general waste and recyclables). Waste can be handled to ensure the amenity of surrounding uses is not significantly impacted.

Part C – Design Guidelines

C.1 – Accessible Living

The proposal ensures that people with disabilities are afforded the opportunity to use the building. A continuous, accessible path of travel to and within the building is provided to ensure access to all required facilities. A ramp is provided from Ken Tubman Drive into the building. The proposal involves the installation of a disabled toilet, ensuring the development can comply with the relevant standards. Conditions of consent have been incorporated requiring compliance with the Building Code of Australia (BCA) and Australian Standard (AS) 1428.1-1993 to ensure a desirable level of access is achieved in accordance with the building regulations.

C.4 – Heritage Conservation

The subject site is located within a Heritage Conservation Area and the building is an item of state significance (former Jewish synagogue). No external changes are proposed to the building. The internal building alterations are of a minor nature. The proposal is not anticipated to have any significant impacts on the subject building or surrounding conservation area. The works are of a minor nature and the use of the building shall ensure its ongoing maintenance into the future.

C.6 – Outdoor Advertising

It is proposed that the existing approved illuminated free standing sign to the front of the site will have a message upgrade to reflect the use of the building by Chromis. The signage displays the corporate logo and colour scheme of Chromis, which includes pink, white and yellow text on a white and black background. Although internally illuminated signage is not encouraged in a heritage conservation area, however, the sign is considered acceptable as it is currently internally illuminated and this was approved under previous application DA 90-157. The signage is appropriate in scale and form and is not detrimental to the amenity and character of the area.

C.11 – Vehicular Access & Car Parking

The site currently has two (2) car parking spaces (approved under DA 01-0509) that are proposed to be used for the business. Turning circle templates demonstrated

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DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) that the spaces are of adequate size and that there is ample manouvering area for vehicles to enter and exit the site in a forward direction.

The policy states that where an existing building use is to be changed, the parking rate of the previous use and the proposed use are to be determined in accordance with the policy. The requirement for additional car parking spaces is determined by subtracting the number of spaces determined from the original use to the number of spaces calculated for the new use. The previous use and the proposed use are both mostly closely aligned to the 'business premises' definition under the policy (requiring 1 space per 45m2 for a business premises in Maitland City Centre). In this regard, the site has already been given a previous car parking concession and no additional car parking spaces are required.

It is acknowledged that a medical centre of this nature is not specifically defined under the policy, however, if not defined parking must be provided to satisfy the requirements of the development. In this regard, there shall be three (3) full time staff on the site and one (1) doctor approximately once a week. A high proportion of the work undertaken by the facility is done off-site and there should not be anymore than five (5) clients on the site at any one time (this includes scheduled waiting and recovery). Most client visits also involve extended consultations limiting the number of visitors each day. It is considered that there are ample car parking spaces within close proximity to the site (on-street and Council car parking areas) which are capable of accommodating the small number of vehicles that will visit the site. It is not considered that the use of the premises by Chromis would result in a significant amount of increased traffic compared to the previous approved use for the site as a business premises.

All other provisions outlined in this chapter of the DCP have been adequately addressed under previous applications for the site.

Part E – Special Precincts

E.1 – Activity Centres (1. Central Maitland)

The proposal is consistent with the provisions of the policy as it is of minor nature, involving only small changes to the interior of the building to accommodate the change of use. There shall be no increased flood risk as a result of the proposal and the existing historical character of Central Maitland and the historic building shall be preserved. The development shall promote Central Maitland as a regional commercial centre.

E.3 – Heritage Conservation Areas (2. Central Maitland Heritage Conservation Area)

The subject site is located within the Central Maitland Heritage Conservation Area and the building is an item of state significance (former Jewish synagogue). No external changes are proposed to the building. The internal building alterations are of a minor nature. The proposal is not anticipated to have any significant impacts on the subject building or surrounding conservation area. The works are of a minor nature and the use of the building shall ensure its ongoing maintenance into the future.

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DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph)

Not relevant.

Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

The proposed development is not expected to result in any significant impacts to the natural and built environments, or social or economic impacts in the locality. The proposal is considered suitable with respect to traffic, noise and social/economic impact. The proposal maintains a commercial use of the existing building and integrates well with the surrounding area.

General conditions are recommended in respect of building works and access and egress in order to control any potential adverse effects. Overall, it is considered that the proposed development would not result in any significant adverse effects.

Traffic

The proposal involves the use of a building previously used as a credit union and an accountancy firm. The development is not likely to generate significantly more traffic or generate car parking requirements beyond that of previous tenancies or other commercial activities of this nature.

Noise

Noise associated with the development should not be beyond noise levels generated by the previous commercial use. The applicant has indicated that the hours of operation will be Monday to Sunday 6:30am to 8:00pm to minimise any potential impacts. These hours are not considered unreasonable for a medical centre that is within the central business district and adjoins a shopping centre that has extended hours of operation.

Social/Economic Impact

The proposal shall integrate well with the existing social character of the area that consists of a mixture of commercial and residential development within close proximity to public transport nodes. The development shall have a positive economic impact on the area by increasing employment opportunities.

Section 79C(1)(c) the suitability of the site for the development

The site has an established building that has previously been used for commercial purposes (business and office premises). As the principle for use of the site for a business premises has been established, the change of use to a medical centre (that operates with minimal client visits) will not have significant adverse impacts. The site is therefore capable of accommodating the proposed development.

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DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) Section 79C(1)(d) any submissions made in accordance with this act or the regulations

Public Submissions

The development application and accompanying information were placed on public exhibition for a period of 14 days from 7 May 2012 to 21 May 2012. As a result of the notification process, one (1) submission was received and is provided as Attachment 3 to this report.

The main issues raised by the objector are summarised below and comment provided:

No. Issues Raised Response Information Statutorily Required but Absent from the Application 1 Section 50(1) of the regulations state: As outlined in this report and the responses to the (1) A development application: issues raised in the submissions below, satisfactory (a) Must contain the information, and be information has been lodged to determine the accompanied by the documents, specified application. in Part 1 of Schedule 1... 2 The following ‘relevant’ items (in extract of the Additional fire safety information was submitted by the regulation) are required to accompany a applicant to support the proposal. This included a list of Development Application pursuant to Clause 2 of the Category 1 fire safety provisions that currently Part 1 of Schedule 1, but are absent from the apply to the existing building and those that are application: proposed for the building as a result of the change of Clause 2 use. There are two (2) existing CO2 fire extinguishers (i) If the development involves a located in the internal corridor and in the western part change of use of a building (other of the building that will be serviced. Two (2) new fire than a dwelling-house or a building extinguishers are to be installed. The rear exit door is or structure that is ancillary to a to be re-hung, to ensure it swings outwards. The front dwelling house and other than a entry sliding glass door is to be adjusted to include temporary structure): provision for manual opening. Lastly, three (3) new exit (i) A list of the Category 1 fire lights will be installed for emergency lighting. In this safety provisions that regard, provision for fire safety has been made in currently apply to the accordance with the Environmental Planning & existing building, and Assessment Act, Regulations and Building Code of (ii) A list of the Category 1 fire Australia. safety provisions that are to apply to the building following its change of use… 3 Fire Safety is a matter prescribed by the regulations Council has received this information and considers for Council to consider under Section 79C of the that it is satisfactory. Refer to response on the above Act. In other words, Council is statutorily bound to point. consider this missing information. 4 In particular, Section 93 of the regulations notes: (1) This clause applies to a development application for a change of building use for an existing building where the applicant does not seek the rebuilding, alteration, enlargement or extension of a building. (2) In determining the development application, the consent authority is to take into consideration whether the fire protection and structural capacity of the building will be appropriate to the

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DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) No. Issues Raised Response building’s proposed use. (3) Consent to the change of building use sought by a development application to which this clause applies must not be granted unless the consent authority is satisfied that the building complies (or will, when completed, comply) with such of the Category 1 fire safety provisions as are applicable to the building’s proposed use. Note: The obligation to comply with the Category 1 fire safety provisions may require building work to be carried out even though none is proposed or required in relation to the relevant development consent. (4) Subclause (3) does not apply to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4). (5) The matters prescribed by this clause are prescribed for the purposes of Section 79C (1) (a) (iv) of the Act. 5 The application is also made without an aged and The building was previously used for commercial disability access audit, which may give rise to cases purposes requiring disabled access. The applicant has of discrimination. provided information demonstrating there is disabled access to the building. This access is via an existing pedestrian ramp off Ken Tubman Drive. The building will be improved by the installation of a disabled toilet. Conditions of consent have been incorporated to ensure compliance with the Building Code of Australia and Australian Standard AS1428.1 ‘Design for Access & Mobility’. This is considered satisfactory. 6 For each of these matters, a determination of the The matters raised in the submission have been current Development Application by way of approval considered in detail and Council staff are satisfied that in the absence of this particular information places a the application is satisfactory and shall not result in any significant liability on the Council. increased liability. 7 In addition, the absence of this information prevents Additional information was provided by the applicant proper assessment by Council as to the need, given addressing all issues relating to the proposal, including either factor, or when both factors are combined, for fire safety and disability access. Satisfactory any structural or other changes to the building arrangements are in place addressing these matters. required complying with the fire safety or disability access provisions. 8 In this regard, as the subject land is listed as an A Heritage Impact Assessment is not required in this item of State Heritage Significance under Maitland circumstance. The application involves a change of use Local Environmental Plan 2011, any changes to a medical centre and minor internal repairs (internal required to enable the building to comply with these partition walls and installation of a disabled toilet). provisions may trigger the need for a Heritage These works were granted an exemption from approval Impact Assessment or similar. of the Heritage Council of NSW under Section 57(1) of the Heritage Act, 1977. Correspondence from the Heritage Council of NSW confirming the endorsement of this exemption is included as attachment 4 to this report. 9 The following item is required pursuant to Clause 3 There are two (2) existing approved car parking spaces of Part 1 of Schedule 1: on the site. These car parking spaces have been Clause 3 indicated on the submitted development plan. The (2) The sketch referred to in subclause (1) (b) spaces are of appropriate dimension and enable must indicate the following matters: vehicles to enter and exit the site in a forward direction (e) proposed parking arrangements, entry from the existing driveway entry off Church Street. A

Page (15) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) No. Issues Raised Response and exit points for vehicles, and provision proposal to include additional car parking spaces was for movement of vehicles within the site put forward by the applicant, however, the Heritage (including dimensions where Office of NSW rejected this proposal due to the impacts appropriate)… on the heritage building. Furthermore, it could not be demonstrated that there was enough vehicle manouvering area on the site to accommodate additional car parking spaces. 10 The DA report prepared by ADW Johnson for the No works are proposed to the external areas of the subject land does not provide an adequate building or car parking area. The development plans description as to how the site will be accessed. (provided as attachment 2 to this report) indicate the location of the driveway access, which is located off Church Street. Pedestrian access to the building will be provided off Ken Tubman Drive and Church Street (in accordance with current arrangements). These access arrangements are considered satisfactory. 11 Further, it appears that the arrangement of the car The applicant provided amended plans to Council that parking spaces would preclude the ability of included the use of only the two (2) existing approved vehicles entering and leaving the site in a forward car parking spaces on the site. These spaces are direction. considered satisfactory and turning templates demonstrate vehicles can enter and exit the site in a forward direction. 12 The application should illustrate and identify the This information was provided and it is considered that location of vehicular and pedestrian access, and satisfactory vehicular and pedestrian access is turning circles for all foreseeable vehicle provided to the site. It should be acknowledged that the movements on the site. site currently has approval to operate for commercial 13 The plans should demonstrate that the site can be purposes and there will be no changes to the existing safely accessed and egressed in the location provisions for vehicles and pedestrians. proposed, without giving rise to any conflict of movement between pedestrians and vehicles on the site, or in the context of retail and commercial development adjoining the site. Information Statutorily Required but Absent from the Application Uncertainty of number of visitors/clients visiting the site 14 According to the DA report, the proposal will The applicant provided information to Council clarifying function as predominantly an ‘off-site’ service with that the majority of doctors will work ‘off-site’ to occasional medical assessments undertaken onsite. undertake assessments. All client visits to the subject 15 The operational details outlined in the DA did not site will be on an appointment only basis. The number indicate how many clients would visit the site on a of clients visiting the site at any one time is daily basis, and how this would be managed to approximately five (5), which includes scheduled prevent increased numbers of visitors if the waiting and recovery. Most visits will involve extended development were operational. consultations which will limit the number of visitors each day. As outlined in this report, it is anticipated the number of visitors to the site can be easily accommodated in the area without any significant adverse environmental impacts. Consulting rooms 16 The DA report indicates that occasionally pre- A floor plan was provided with the application indicating employment medicals will be performed on-site, but the location and number of consulting rooms. The floor there is no indication as to where this will be plan includes an entry, waiting room, administrative undertaken on the plans, or the number of area, kitchen, amenities, storage and three (3) medical consulting rooms that will be utilised at any one consulting rooms. The floor plan is consistent with the time. information provided by the applicant that a maximum of five (5) clients will be on the site at any one time (including waiting and recovery). 17 For Council to properly assess the development It is considered that the proposed development and application, the applicant should confirm (and anticipated number of clients to the site will not have Council should control through conditions of any increased impacts to the area. The subject consent) proposed patient numbers, and how they proposal will have a significantly reduced number of

Page (16) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) No. Issues Raised Response will be managed to prevent an increase in the staff and clients visiting the site as compared to the intensity of the proposal, if and when operational. previous approved uses of a credit union and an accountancy firm. Conditions of consent limiting client numbers are therefore considered unwarranted. Furthermore, such conditions would be difficult for Council to regulate. Medical and bio-hazard waste 18 The application does not provide any information as A site waste management and minimisation plan to how medical waste will be disposed. There is accompanied the development application. Only small minimal space onsite or in the public road reserve amounts of medical waste will be generated as a result for the pick-up of specialised waste and concern is of the development. The waste will be separated and raised that this may be deposited into the general bagged for collection by a private contractor using a waste collection or picked up through trucks parking small van or standard vehicle. The site is able to in the adjoining Pender Place Shopping Centre car accommodate vehicles of this size. Blood waste park. collection will be daily and other waste including sharps 19 To assess the social impact associated with any and used cups will be at least twice weekly. No medical biohazard, the applicant should clarify this situation waste will be disposed of through the normal and the DA should demonstrate the proper commercial waste stream. The submitted information collection procedures for specialised waste. provides for sustainable waste management through the provision of appropriate storage and collection facilities (including separation of medical waste, general waste and recyclables). Waste can be handled to ensure the amenity of surrounding uses is not significantly impacted. In this regard, no social impacts are anticipated. 20 It is our view that in the circumstances of this case, Council requested additional information from the Council cannot properly undertake an assessment applicant to address a number of issues throughout the of the proposal due to omissions inherent in the assessment of the application. This information did not application. The information is deficient and result in significant changes to the proposal and unresolved, and the application in its current form therefore the application was not required to be re- can only be determined by Council by way of advertised or notified. The issues raised by the objector refusal. If Council directs the applicant to address are addressed in the body of this report, including the outstanding information, we formally request impacts to the neighbouring site (Pender Place). It is further notification to enable proper consideration of considered that there are no outstanding issues that the impacts of the proposal by our neighbouring would warrant refusal of the application. client.

Submissions from public authorities

NSW Heritage Office

The application was not classified as integrated development and therefore did not require referral to the NSW Heritage Office. It is acknowledged that the building is a State listed item of significance, however, correspondence was lodged with the application confirming that the Heritage Council of NSW had endorsed an exemption from approval under the Heritage Act 1977 for the change of use to a medical centre and the minor associated works (installation of a disabled toilet and internal partition walls). The correspondence from the NSW Heritage Office is included as Attachment 4 to this report.

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

There are no policy statements from the Federal or State Government which have relevance to the proposal. As an existing commercial building in the central business area, the proposal is not contrary to the public interest.

Page (17) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

FINANCIAL IMPLICATIONS

This matter has no direct financial impact upon Council's adopted budget or forward estimates.

POLICY IMPLICATIONS

This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS

Statutory implications relating to assessment of the subject application have been addressed in the body of the report.

CONCLUSION

An assessment of the application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as amended. The proposed development is considered satisfactory in terms of the relevant matters for consideration under the Act and the development application is recommended for approval.

Page (18) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) SCHEDULE OF CONDITIONS

Schedule of Conditions DA 12-1147

Reason for Conditions The following condition(s) have been applied to the development, subject of this consent, to ensure that the development meets the requirements of the NSW Environmental Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment Regulation 2000, and the various policies and development controls of Maitland City Council and other government agencies relevant to the development being undertaken.

APPROVED PLANS AND DOCUMENTATION

1. The development shall be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule and any amendments arising through conditions to this consent or as shown in red colour on the plans:

Plan Ref. Sheet Rev n Revision Prepared by: No No No Date (consultant) Ref. 238783 1 to 3 G 10.7.12 ADW Johnson Pty Ltd Signage - - - The Well Worker Pty Ltd

CERTIFICATES

2. Prior to the issue of an Occupation Certificate all conditions of development consent shall be complied with.

3. The development or any portion of the development shall not be used or occupied until an Occupation or Interim Occupation Certificate has been issued. Occupation certificate applications must be accompanied by the required fee and all associated information and certifications. To ensure occupation or use of the development can occur in a timely fashion, the occupation certificate application should be submitted at the same time as the final inspection is being requested.

GENERAL PROVISIONS

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

5. Upon completion of the building BUT prior to its occupation, a Final Fire Safety Certificate with respect to each critical and essential fire safety measure installed in the building is to be provided. Such certificate(s) are to be in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.

Page (19) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) 6. At least once in each twelve (12) month period, fire safety statements in respect of each required essential fire safety measure installed within the building are to be submitted to Council. Such certificates are to state that: a) The service has been inspected and tested by a person (chosen by the owner of the building) who is competent to carry out such inspection and test; and b) That the service was or was not (as at the date on which it was inspected and tested) found to be capable of operating to a standard not less than that specified in the fire safety schedule for the building). Such statements are to be in accordance with Division 5 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.

7. All demolition works are to be carried out in accordance with Australian Standard AS 2601-2001.

8. Unless otherwise approved by Council in writing; all building work associated with this approval shall be carried out between 7.00am and 6.00pm Monday to Fridays and 7.00am to 5.00pm on Saturdays with no work permitted on Sundays or Public Holidays that may cause offensive noise.

SERVICES & EQUIPMENT

9. A copy of the fire safety schedule and fire safety certificate is to be prominently displayed in the building in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation 2000.

10. A copy of the fire safety schedule and fire safety certificate is to be given to the Commissioner of New South Wales Fire Brigades in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.

11. All building refuse on this building site shall be stored in such a manner so as not to cause a nuisance to adjoining properties.

12. No building materials, refuse or spoil is to be deposited on or be allowed to remain on Council's footpath.

13. Suitable and adequate measures are to be applied to restrict public access to the site and building works, materials and equipment.

14. The applicant is required to notify Council in writing prior to commencing building operations, of any existing damage to kerbing and guttering and/or footpath paving the absence of such notification shall signify that no damage exists and that the applicant will be liable for the cost of the reinstatement of any damage to kerbing and guttering or footpath paving which may be necessary after completion of the building operation.

15. Rubbish generated from the development is to be suitably contained on site at all times. No rubbish shall be stockpiled in a manner which facilitates the rubbish to be blown off site.

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DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) 16. All new construction materials used in the building shall comply with Clause C1.10 of the Building Code of Australia 2009.

17. Prior to issue of an Occupation Certificate, portable fire extinguishers shall be installed within the building in accordance with Clause E1.6 of the Building Code of Australia 2009 and Australian Standard 2444 -2001.

18. Prior to issue of an Occupation Certificate all doors in a required exit, forming part of a required exit or in a path of travel to a required exit shall have latches installed that comply with Clause D2.21 Operation of latch of the Building Code of Australia 2009.

19. Should emergency lighting, exit signs or direction signs be installed to service the building then the services shall comply with Clauses E4.2, E4.4, E4.5, E4.6 and E4.8 of the Building Code of Australia 2009.

ACCESS & EGRESS

20. Access for disabled persons must be provided in accordance with DP1, DP2, and DP8 of the Building Code of Australia. Compliance with Part D3 of the Building Code of Australia satisfies this requirement. All elements are to meet the requirements of Australian Standard AS1428.1 "Design for Access & Mobility".

21. The disabled toilet shall comply with the requirements of Part F2 of the Building Code of Australia 2011.

ADVICES

A. You are advised that the issue of this development consent does not amount to a release, variation or modification by Council of any covenant or easement applicable to this property and that Council will not be held responsible when action on this consent results in any loss or damage by way of breach of matters relating to title of the property.

B. You are advised that compliance with the requirements of the Disability Discrimination Act, (DDA) applies to works on this site. It should be noted that compliance with the Building Code of Australia does not necessarily meet the requirements of the DDA.

Locality Plan

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DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) Planning, Environment and Lifestyle Reports

DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL

Locality Plan

Meeting Date: 14 August 2012

Attachment No: 1

Number of Pages: 1

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DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

Page (23) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

Development Plans

Planning, Environment and Lifestyle Reports

DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL

Development Plans

Meeting Date: 14 August 2012

Attachment No: 2

Number of Pages: 2

Page (24) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

Page (25) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

Page (26) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

Public Submissions

Planning, Environment and Lifestyle Reports

DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL

Public Submissions

Meeting Date: 14 August 2012

Attachment No: 3

Number of Pages: 3

Page (27) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

Page (28) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

Page (29) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

Page (30) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

Heritage Council NSW Exemption

Planning, Environment and Lifestyle Reports

DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL

Heritage Council NSW Exemption

Meeting Date: 14 August 2012

Attachment No: 4

Number of Pages: 1

Page (31) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1147 CHANGE OF USE TO MEDICAL CENTRE, MINOR INTERNAL ALTERATIONS & BUSINESS IDENTIFICATION SIGNAGE - LOT 10 DP617237, 47-49 CHURCH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

Page (32) ORDINARY MEETING AGENDA 14 AUGUST 2012

10.2 DA 10-3014 Proposed two lot into four lot subdivision - Lots 308 & 309 DP1082128, 34 & 36 Diamond Circuit, Rutherford Recommendation: Approval 10.2 DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL

File No: DA 10-3014 Attachments: 1. Locality Plan 2. Development Plans 3. Submissions Responsible Officer: Bernie Mortomore - Executive Manager Planning, Environment and Lifestyle David Simm - Manager Development & Environment Stephen Punch - Principal Planner Author: Ian Cunningham - Town Planner

Applicant: Tecara Pty Ltd Owner: Tecara Pty Ltd Proposal: Two Lot into Four Lot Residential Subdivision Location: Lots 308 & 309 DP1082128, 34/36 Diamond Circuit, Rutherford. Zone: R1 General Residential

EXECUTIVE SUMMARY

The proposal seeks consent to subdivide two adjoining residential lots of a combined area of 3252m2 into four lots ranging in area from 609m2 to 1020m2. The subject lots front Diamond Circuit, Rutherford, and back on to the north coast rail corridor.

The configuration of the existing lots is deep (approx. 80m), and due to prior constraints imposed by a rail noise buffer, (50 metres from the rail line) any further subdivision potential of the lots was restricted.

The buffer has since been reduced by 25m, and subsequently the existing lots can now accommodate sufficient area for re-subdivision and building envelopes within the subdivided lots. The resulting subdivided lots would be accessed by battle-axe handles from Diamond Circuit.

The proposed subdivision is permissible within the R1 zoning, and satisfies the relevant planning objectives in terms of residential subdivision.

The proposal was advertised/notified in accordance with Council policy, and as a result of this process, seven (7) submissions were received objecting to the proposed subdivision.

The issues raised in the submissions are largely focussed upon a departure from the expected housing density in the immediate precinct. The submissions are consistent in terms of expressing disappointment in the progressive increase in housing density given similar re-subdivision has been approved on three other lots (DA’s 12-224, 10- 1694, 101693) within Diamond Circuit, and a fourth proposed subdivision (DA11- 1560) pending at the time of this assessment.

Page (33) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)

The submissions are also concerned with perceived issues flowing from increased housing density such as traffic/parking congestion, loss of amenity, loss of available playing area for children, increased risk to children from traffic, and degradation of property value and general housing standards.

Whilst the concerns of the residents are acknowledged, and the relevant issues are addressed in the body of this report, the proposed development remains permissible with consent and is in accordance with both local and regional planning objectives in terms of residential subdivision and providing sufficient housing options to meet predicted demand.

The proposed development is subsequently recommended for approval subject to conditions of consent.

OFFICER’S RECOMMENDATION

THAT Development Application 10-3014 for the proposed two lot into four lot subdivision of lots 308 and 309 in DP1082128 (34/36 Diamond Circuit, Rutherford) be approved subject to conditions of consent.

BACKGROUND / SITE DESCRIPTION

The subject lots front Diamond Circuit, Rutherford, and are approximately 80 metres deep by 20 metres wide. The lots fall approximately 1.5m to the north coast rail corridor, and a fenced, landscape/acoustic mound runs across the rear of the lots and parallel with the rail corridor.

Nine adjoining lots to the north and south have roughly the same area/configuration. Three of these lots have previously been approved for re-subdivision, (DA’s 10-1693, 10-1694 & 12-224). A further development application (DA 11-1560) for the same form of subdivision (two lots into four), on the adjoining lots 306/307, is currently being assessed, however did not attract any submissions as a result of the notification/advertising period.

The lots as described were previously burdened with a 50m rail buffer setback from the north coast rail line which restricted habitable development any closer than the 50m to the rail line. In 2009, DA 08-2561 was approved to reduce the buffer to 25m on the basis of an anomaly in the actual point of measurement of the 50m, ie from the rail corridor boundary or the actual rail line. The buffer is now recognised as being 25m from the boundary of the lots & rail corridor.

PROPOSAL

The proposed subdivision would see the two subject adjoining lots subdivided into four lots with battle-axe handles dividing the lots fronting the street, and providing access to the proposed rear lots. (Refer following image).

Page (34) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) Resulting lots 1 & 4 facing Diamond Circuit would consist of approximately 621m2 and 609m2, with the rear lots being approximately 1020m2 and 992m2. These lot areas are generally consistent with lot sizes in the wider precinct.

The proposed rear lots are influenced by the rail buffer which does not permit habitable construction closer than 25m to the existing rail line, however the proposed lot areas and configuration accommodate the minimum building envelope requirement (10m x 15m) without encroaching the buffer restriction.

PLANNING ASSESSMENT

Section 79C(1)(a)(i) provisions of any environmental planning instrument

Maitland Local Environmental Plan (LEP) 2011

The subject sites are within R1 ‘General Residential’ zoning. Subdivision is permissible in this zone.

Page (35) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) The zone objectives are:

 To provide for the housing needs of the community.

 To provide for a variety of housing types and densities.

 To enable other land uses that provide facilities or services to meet the day to day needs of residents.

The proposed development meets the objectives of the zone in terms of providing increased housing options at a density rate consistent with the broader precinct.

Regional Environmental Plan (Lower Hunter Regional Strategy, LHRS)

The LHRS addresses the future needs and demands of the Lower Hunter in terms of housing and land supply. The LHRS identifies population and housing challenges as, (quote):

 To provide sufficient land and development opportunities to provide housing for the future growth of the population

 To achieve higher residential densities in-and-around major centres to maximise proximity to employment and services and the use of existing infrastructure, while maintaining amenity

 Provide housing choice and affordability in the right locations reflecting changes in population and associated reduction in household occupancy rates

 Ensure quality urban design that is sensitive to and complements the character and lifestyle of the Region’s towns and new urban areas

 Refocus the housing industry in the Region to increase the amount of total housing provided in the existing urban areas so that a more sustainable balance between the need for new greenfield land releases and the ability of existing urban areas to meet housing demands is created

 Provide a framework for planning and delivering new and upgraded regional infrastructure and facilities for the growing population and aging demographic.

The proposed development addresses the objectives of the LHRS by increasing the supply of available land suitable for housing.

State Environmental Planning Policies

Not applicable.

Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition

Not applicable.

Page (36) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) Section 79C(1)(a)(iii) any development control plan

The following section of the Maitland Development Control Plan (DCP) is relevant.

C.10 – ‘Subdivision’

The objectives of this section are:

a) To promote the efficient use of an increasingly limited land resource in the City of Maitland.

b) To encourage innovation in subdivision design to create a strong sense of community, a pleasant living environment and reduce environmental impacts.

c) To encourage an integrated approach to street pattern, lot layout and facility provision to create desirable urban environments and character.

d) To ensure that the principles of Ecologically Sustainable Development (ESD) are applied to the design of subdivisions and subsequent housing.

e) To ensure that subdivisions protect and enhance rural character and prevailing views in the City.

f) To facilitate different subdivision forms and the use of different land title systems which may assist in minimising and managing environmental problems (eg the use of community title to manage areas requiring environmental repair or common drainage or effluent systems).

g) To ensure that subdivisions and subsequent housing take into account of physical constraints such as bushfire, flooding, landslip and the like.

h) To protect key cultural resources (places of environmental heritage value) from land use or management practices that may lead to their degradation or destruction.

i) To protect and enhance the limited amounts of remnant/contiguous vegetation in the City.

The proposed development utilises land for subdivision purposes that was previously subject to acoustic restrictions associated with the rail corridor. The proposal however meets the general objectives of the subdivision chapter of the DCP and the specific design requirements for battle-axe lots.

The subject lots are affected by noise and bushfire, however referral to the applicable authorities, Rural Fire Service (RFS) & Australian Rail Track Corporation (ARTC) has been carried out and they have given general terms of approval to the proposal subject to conditions relating to bush fire protection and noise mitigation, both more relevant to future housing development on the sites.

Page (37) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph)

Not applicable.

Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

The proposed development does not impact the environment in physical terms. Existing influences on the subject site consist of rail noise and bushfire, both of which have been satisfactorily addressed through referral to the appropriate statutory bodies.

The proposal has attracted objections based largely on perceived social/economic impact. These matters are addressed later in this report.

It is not considered that the overall proposal represents significant environmental impact.

Section 79C(1)(c) the suitability of the site for the development

The area of the subject sites permits the proposed subdivision to be created in accordance with minimum lot sizing compliance. The sites are benefitted by an existing inter-allotment stormwater drainage line that will cater for stormwater from the proposed rear lots. All relevant utilities are available.

The sites are within the recognised bush fire zone and affected by the north coast rail line, as such the proposal was referred to the Rural Fire Service and Australian Rail Track Corporation who have both responded with general terms of approval.

Section 79C(1)(d) any submissions made in accordance with this act or the regulations

The proposal was advertised/notified in accordance with Council policy from the 27th January 2011 to the 10th February 2011. As a result of this process, seven (7) submissions were received objecting to the proposal.

The main issues raised by the objectors are summarised below and comment provided. Several issues are duplicated in the submissions and are singularly addressed:

Issues

The objector purchased land in the belief that no further housing was permitted to the rear of the lots due to the rail buffer. The objector alleges misleading and deceptive conduct by the developer and Maitland City Council in this regard, and further states that the contract for the sale of land restricted habitable development to west of the (then) 50m buffer.

Page (38) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) Comment

It is likely the above mentioned detail in respect of developing the land within the constraints imposed by the then 50m rail noise buffer is accurate. The subject rail noise buffer has since been modified in accordance with acoustic recommendations such that further development of the land has become viable, hence the ensuing development proposals for the subject land. Any development proposals have been assessed in accordance with the relevant planning guidelines and statutory requirements.

Issue

This form of higher density housing could be accommodated elsewhere in the precinct.

Comment

Subdivision of the type proposed is not high density or medium density housing as lots are well above the minimum 450m2 prescribed under the Maitland LEP 2011 with lot sizes ranging between 610m2 and 1021m2.

Issue

The cumulative impacts resulting from subdivision of the various lots will be rental housing, increased carbon footprint, increased pressure on utilities, increased noise and increased car parking.

Comment

Council has no control over the occupation of dwellings in terms of whether they are owner occupied or tenanted. Measure of carbon emission resulting from housing development is beyond the scope of the assessment of the proposal. All proposed lots will have the required utilities. The design of Diamond Circuit gives it more than adequate capacity to accommodate the additional 20 vehicle movements per day estimated to result from the subdivision. Given the proposed lot areas will be consistent with average lot sizing in new residential subdivision, it is not forseen that noise/car parking issues will be different from any other established residential precinct in the Maitland area.

Further, the proposed subdivision represents ‘urban infill development’ which is a more sustainable form of development in so far as it more efficiently utilises capacity within existing roads and utility infrastructure.

Issue

The proposed development will result in increased population density in the street.

Comment

The proposed lot sizing will be in accordance with the general subdivision guidelines and objectives and will not result in a higher population density than exists in the broader precinct.

Page (39) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) Issue

The street is littered with cars and children playing on the street as a result of small backyards. Increased traffic flow will endanger children.

Comment

Market forces and land costs are progressively leading to a reduction in lot sizes, and this trend is evidenced nationally. The lot sizes provide adequate opportunity for private recreation activities.

Traffic flow will not substantially vary as a result of the proposal. As in any residential scenario, parents must exercise supervision over children particularly when playing near roads.

Issue

We built in this area on the pretext that it would be a safe area. The developer was very misleading.

Comment

These matters are beyond the scope of the assessment of the proposal. There is no evidence to suggest that the proposed subdivision will lead to an ‘unsafe’ living environment.

Issue

The proposed development represents a significant change to the character of the area.

Comment

Subdivision is permissible in the zone under the Maitland LEP 2011and in this case takes advantage of larger lots that enable re-subdivision to occur. It is an inevitable progression that the original character of a precinct will alter as a result of re- subdivision, particularly where the original lot areas are larger than average as in this case. Upon future housing development, the character of the immediate area will be altered, however will remain relatively consistent with the broader precinct.

Issue

The way in which lots 306/307 were approved causes concern, and the process bypassed common law rights of surrounding property owners by virtue of knowingly changing the character of the area without calling for comment from adjoining landowners.

Comment

The lots adjoining the subject lots are 306/307 (30/32 Diamond Circuit). These lots were the subject of proposed dual occupancy/subdivision proposals (DA’s 10- 1693/10-1694) which were approved in October 2010. These DA’s were not notified

Page (40) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) in accordance with Council policy given the proposals included housing. Neither of these DA’s have been enacted upon.

Currently, there is another DA over these lots (DA11-1560) for subdivision of two into four lots. The DA was advertised/notified with no submissions being received.

The required advertising/notification policy has been adhered to in both instances

Issue

Council officers would benefit from an attitudinal readjustment. We do not have confidence in the due process that Council applies to the assessment. Council’s officers have been blunt and intimidating.

Comment

The above comment is unsupported. The assessment of each proposal as described has been undertaken in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and adopted Council policy and the process is transparent. Council officers endeavour to politely communicate Council policy, planning requirements and general advice at all times.

Issue

The developer will not maintain the land or sound barrier and subsequently will not be sympathetic to other homes in the area. The railway noise will not allow substantial rentals therefore will attract tenants of a different attitude to existing residents leading to a reduced harmony in the neighbourhood.

Comment

The above comment is considered speculative, and assumes development will cater specifically for rental housing. The current proposal is for the subdivision of land and does not include any housing component. Regardless, the occupation of dwellings and their subsequent maintenance are not within the statutory parameters of the assessment.

Issue

The council should have a moral obligation to protect property owners in terms of developers/Council changing the rules to make money.

Comment

The assessment of any development proposal is made in accordance with the relevant statutory provisions. Any misrepresentation allegedly purported by the developer is beyond the control of Council.

Issue

The covenant over the land stipulated no multiple dwellings.

Page (41) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)

Comment

The restriction on the title of the land referred to is imposed by the developer. Council do not enforce private covenants. Any subsequent development application for housing on the proposed lots will be subject to assessment under the Maitland LEP 2011, Maitland Citywide DCP and the Environmental Planning & Assessment Act 1979.

Issue

This kind of development has the potential to decrease the value of surrounding properties.

Comment

Property value is not a required consideration in assessing proposed development.

It is not envisaged that the proposal would significantly impact existing property values for adjoining property given that the lot sizes are typical of what is existing in the broader Diamond Circuit/Ruby Road precinct.

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

Whilst the proposed development represents a different form of subdivision compared with adjoining/surrounding property, the overriding planning objectives that address this form of development have been satisfied. In satisfying relevant planning policy, the broader public interest is subsequently addressed given the wider benefits in terms of land/housing availability.

FINANCIAL IMPLICATIONS

This matter has no direct financial impact upon Council’s adopted budget or forward estimates.

POLICY IMPLICATIONS

This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS

Statutory implications relating to assessment of the subject application have been addressed in the body of the report

CONCLUSION

The proposed development is permissible in the zone and in accordance with relevant planning objectives, as such, is recommended for approval subject to conditions of consent.

Page (42) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) SCHEDULE OF CONDITIONS

Reason for Condition(s) The following condition(s) have been applied to the development, subject of this consent, to ensure that the development meets the requirements of the NSW Environmental Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment Regulation 2000, and the various policies and development controls of Maitland City Council and other government agencies relevant to the development being undertaken.

APPROVED PLANS AND DOCUMENTATION

1. The development shall be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule and any amendments arising through conditions to this consent or as shown in red colour on the plans:

Plan Ref. Sheet Rev n Revision Prepared by: No No No Date (consultant) Proposed subdivision 1 of 1 B 2/12/10 ACM Landmark

Lots 308 & 309 DP1082128

Diamond Circuit, Rutherford

CONTRIBUTIONS & FEES

2. Pursuant to Section 80A(1) of the Environmental Planning and Assessment Act 1979, and the Maitland S94 Contributions Plan (City Wide) 2006, a contribution of $25,552 shall be paid to the Council.

The contribution is calculated from Council's adopted Section 94 Contributions Plan in the following manner:

Lots Total

2006(A) Citywide Rec & Open Space 2 x $4,940 $9,880

2006(A) Citywide Road & Traffic Facilities 2 x $4,590 $9,180

2006(A) Citywide Cultural Facilities 2 x $886 $1,772

2006(A) Citywide Community Facilities 2 x $1,969 $3,938

2006(A) Citywide Cycleways/Shared Paths 2 x $203 $406

Page (43) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) 2006(A) Citywide Management/Admin 2 x $188 $376

$25,552

The above contributions rates are indexed, at least annually, with reviewed rates to apply from 1st February each year in accordance with the provisions ofthe Maitland Section 94 Contributions Plan (Citywide) 2006. Please refer to Council's web page for the current rates applicable.

Payment of the above amount shall apply to Development Applications as follows:

- Subdivision only - prior to issue of the Subdivision Certificate.

- Building work only - prior to issue of the Construction Certificate.

- Subdivision and building work - prior to the issue of the Construction Certificate, or

Subdivision Certificate, whichever occurs first.

- Where no construction certificate is required - prior to issue of an Occupation Certificate.

- For extractive industries - annually from the date of issue of development consent.

The above "contribution" condition has been applied to ensure that:

i) Where the proposed development results in an increased demand for public amenities and services, payment towards the cost of providing these facilities/services is made in accordance with Council's adopted contributions plan prepared in accordance with the provisions of section 94 of the Environmental Planning and Assessment Act, 1979.

ii) Council's administration expenses are met with respect to the processing of the application.

3. Prior to the issue of the Subdivision Certificate, “house numbering” and “subdivision certificate” fees, in accordance with Council’s Schedule of Fees and Charges, shall be paid to Council.

CERTIFICATES & PLANS

4. Prior to issue of the Subdivision Certificate, original plans and/or documents of survey/title, and four copies, shall be submitted to Council.

5. Prior to issue of the Subdivision Certificate, a certificate of compliance under Section 50 of the Hunter Water Act 1991 for this development shall be submitted to Council.

Page (44) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)

LAND TITLE

6. As part of the Subdivision Certificate, a restriction on the title of the lots, under Section 88B of the Conveyancing Act, shall be created which restricts the development of the land such that dwellings will not be permitted without a stormwater detention system constructed in accordance with Council’s policy.

7. As part of the Subdivision Certificate, a Reciprocal Right of Access on the title of the lots, under Section 88B of the Conveyancing Act, shall be created to give effect to the vehicle access indicated on the approved plan.

8. As part of the Subdivision Certificate, a restriction on the title of the lots 2 & 3, under section 88B of the Conveyancing Act shall be created which restricts the construction of habitable buildings closer than 25 metres to the north coast rail line.

9. As part of the Subdivision Certificate, a restriction on the title of the lots 1, 2, 3 & 4 under section 88B of the Conveyancing Act shall be created which requires any habitable buildings constructed on the lots to meet the following criteria as specified under Clause 87 (3) of State Environmental Planning Policy ‘Infrastructure’ 2007:

The following LAeq levels are not to be exceeded:

a) in any bedroom in the building – 35dB(A) at any time between 10.00pm and 7.am, b) anywhere else in the building (other than a garage, kitchen, bathroom or hallway) – 40dB(A) at any time.

Note: the method of determining compliance with this criteria shall be in accordance with the Office of Environment and Heritage Rail Noise and Vibration Guidelines applicable at the time the application for a dwelling is made.

VEHICLE ACCESS

10. Prior to issue of the Subdivision Certificate, a concrete driveway within the access handle from Diamond Circuit to proposed lots 2 & 3 shall be constructed in accordance with the provisions of Council’s Manual of Engineering Standards.

BUSH FIRE (General Terms of Approval, Rural Fire Service)

11. At the issue of Subdivision Certificate and in perpetuity all lots are to be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bush Fire Protection 2006 and the NSW Rural Fire Service’s document ‘Standards for Asset Protection Zones’.

Page (45) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.) 12. Water, electricity and gas are to comply with section 4.1.3 of ‘Planning for Bush Fire Protection 2006’.

13. Property access roads shall comply with the following requirements of section 4.1.3(2) of ‘Planning for Bush Fire Protection 2006’ – A minimum carriageway width of 4 metres for rural-residential areas, rural landholdings or urban areas with a distance of greater than 70 metres from the nearest hydrant point to the most external part of the proposed building (or footprint).

RAIL CORRIDOR

14. Prior to the issue of any Construction Certificate details of storm water disposal shall be submitted to Council. No flow of stormwater shall be directed or increased toward the rail corridor.

ADVICES

The following advices are limited in scope and should not be understood to encompass all areas of responsibility of the consent holder, relating to the development.

A You are advised that where works on the footway are required or necessary (such as a driveway), further consent must be obtained from Council. Refer to Council’s “Application to Construct Private Works on Footway”. The appropriate fee should be paid with the application. Inspection of works (formwork, reinforcement) must be carried out by Council.

B You are advised that the issue of this development consent does not negate the responsibility of the land owner in respect to any restriction, covenant or easement applicable to this property and that Council will not be held responsible when action on this consent results in any loss or damage by way of breach of matters relating to title of the property.

Page (46) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)

Locality Plan Planning, Environment and Lifestyle Reports

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL

Locality Plan

Meeting Date: 14 August 2012

Attachment No: 1

Number of Pages: 1

Page (47) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)

Page (48) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)

Development Plans

Planning, Environment and Lifestyle Reports

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL

Development Plans

Meeting Date: 14 August 2012

Attachment No: 2

Number of Pages: 1

Page (49) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)

Page (50) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)

Submissions

Planning, Environment and Lifestyle Reports

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL

Submissions

Meeting Date: 14 August 2012

Attachment No: 3

Number of Pages: 7

Page (51) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)

Page (52) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)

Page (53) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)

Page (54) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)

Page (55) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)

Page (56) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)

Page (57) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 10-3014 PROPOSED TWO LOT INTO FOUR LOT SUBDIVISION - LOTS 308 & 309 DP1082128, 34 & 36 DIAMOND CIRCUIT, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)

Page (58) ORDINARY MEETING AGENDA 14 AUGUST 2012

10.3 DA 12-1689 Change of Use from Retail Premises to Business Premises - Administration/Storage of Building Company & Cleaning Business - Lot 101 DP1011929, 21 High Street, Maitland Recommendation: Approval 10.3 DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL

File No: DA 12-1689 Attachments: 1. Locality Plan 2. Development Plans 3. Submissions Responsible Officer: Bernie Mortomore - Executive Manager Planning, Environment and Lifestyle David Simm - Manager Development & Environment Stephen Punch - Principal Planner Author: Alisa-Jane Evans - Town Planner

Applicant: Hill Top Planners Pty Ltd Owner: Dig Family Building Pty Ltd Proposal: Change of Use from a Fruit and Vegetable Stall to a Business Premises Location: Lot 101 DP 1011929, 21 High Street Maitland Zone: RU1 Primary Production

EXECUTIVE SUMMARY The proposal seeks consent for a Change of Use from a Fruit and Vegetable Stall to a Business Premises for Lincoln Greedy Building and Sadies House Cleaning with proposed additions to the north and south elevations under the ‘existing use’ provisions of the Environmental Planning and Assessment Act 1979, as amended.

The building will be divided into 2 units. One will contain Lincoln Greedy Building and amenities and the other will be used by Sadies House Cleaning.

The subject site is located at Lot 101, DP 1011929, 21 High Street Maitland. The site gains access from High Street. The site is located within Maitland Conservation Area and adjoins Heritage Item known as “Wallis House Group” in High Street. The land is also located with the declared floodplain and the floodway.

The proposal was advertised and notified from the25 June 2012 until the 9 July 2012. Nine (9) submissions were received to the proposal. Four (4) separate submissions from two persons objecting to the proposal and five (5)separate submissions in support of the proposal have been received. The objections relate to the permissibility of the change of use under the ‘existing use’ provisions of the Act, heritage impact on the locality, stormwater, the small carport on eastern boundary and the unsuitable use in the rural locality. Five (5) submissions support the application as it is seen as a good reuse of an existing building.

The application has been assessed against the requirements of Section 79C and 108 of the Environmental Planning and Assessment Act, 1979 and all submissions reviewed. It is recommended the application be approved subject to conditions.

Page (59) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

OFFICER’S RECOMMENDATION

THAT Development Application 12-1689 Change of Use from a Fruit and Vegetable Stall to a Business Premises Lot 101, DP 1011929, 21 High Street Maitland, be approved subject to conditions of consent.

BACKGROUND / SITE DESCRIPTION

The site of the proposed development is Lot 101, DP 1011929, 21 High Street Maitland with an area of 2752 metres sq. The land is zoned RU1 Primary Production under Maitland Local Environmental Plan 2011.

The subject site was originally approved for a Fruit & Vegetable Stall. The use was approved on the 11 September 1962 under the Northumberland County District Planning Scheme (gazetted 16 December 1960).

The site contains a large metal shed, an open roofed structure on the eastern side and large hardstand area. The site has two vehicle accesses off High Street. The site has minimal landscaped areas. New security fencing is proposed to be installed along the boundaries of the proposed site.

PROPOSAL

The proposals seeks consent for the Change of Use from a Fruit and Vegetable Stall to a Business Premises for Lincoln Greedy Building and Sadies House Cleaning and minor alterations and additions to the existing shed. The proposed uses will be serviced by the existing accesses off High Street.

The existing shed will be re-cladded with corrugated profile Colorbond wall sheeting, Colour ‘Wilderness’ with roller doors also being in Colorbond ‘Wilderness’. The new additions are located on the eastern corners on the southern and northern elevations and are approximately 10 metres long by 3 metres wide.

PLANNING ASSESSMENT

Section 79C(1)(a)(i) provisions of any environmental planning instrument Local Environmental Plan

The land is zoned RU1 Primary Production under Maitland Local Environmental Plan 2011. The proposal for business premises is not permissible under the LEP. The approved fruit and vegetable stall is also not a permitted use under the RU1 Primary Production.

The change of use from a fruit and vegetable stall to business premises can only be considered under Division 10 ‘Existing Uses’ of the Environmental Planning and Assessment Act 1979, as amended and Clause 45 & 46 of Environmental Planning and Assessment Regulations 2000.

The former fruit/vegetable stall is an existing use under the Environmental Planning & Assessment Act 1979.

Page (60) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) existing use means:

(a) the use of a building, work or land for a lawful purpose immediately before the coming into force of an environmental planning instrument which would, but for Division 4 of this Part, have the effect of prohibiting that use, and

(b) the use of a building, work or land:

(i) for which development consent was granted before the commencement of a provision of an environmental planning instrument having the effect of prohibiting the use, and

(ii) that has been carried out, within one year after the date on which that provision commenced, in accordance with the terms of the consent and to such an extent as to ensure (apart from that provision) that the development consent would not lapse.

The subject site is approved as a fruit & vegetable stall. The use was approved on the 11 September 1962 under the Northumberland County District Planning Scheme (gazetted 16 December 1960). The use was lawfully commenced under DA1962-11.

The site will be used as the business premises for Lincoln Greedy Building and Sadie House Cleaning. The operations will include the sales of materials for trade, administration, display area and an office for the public to discuss and obtain advice on building projects. The proposed uses would fall within the definition of a ‘business premises’ as defined under the MLEP 2011.

The change from a ‘retail premises’ to ‘business premises’ is permissible. Both uses fall under the group term ‘commercial premise’ under MLEP 2011 the Act therefore the change of use can be considered under the provisions for ‘existing use’.

The use as a fruit & vegetable stall under the MLEP 2011 is defined as a ‘retail premise’ which is prohibited under the provisions of MLEP 2011 for land zoned RU1 Primary Production. Retail Premises is defined as:

retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following:

(a) bulky goods premises,

(b) cellar door premises,

(c) food and drink premises,

(d) garden centres,

(e) hardware and building supplies,

(f) kiosks,

(g) landscaping material supplies,

(h) markets,

(i) plant nurseries,

Page (61) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) (j) roadside stalls,

(k) rural supplies,

(l) shops,

(m) timber yards,

(n) vehicle sales or hire premises,

but does not include highway service centres, service stations, industrial retail outlets or restricted premises).

However Clause 108(1)(b) of the Environmental Planning and Assessment Act 1979 (the Act) allows the change of an existing use from one type of commercial use to another type of commercial use if the use was legally commenced prior to the Environmental Instrument coming into force that had the effect of prohibiting that use. The use was lawfully commenced under DA1962-11.

‘Business premise’ is defined as:

business premises means 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, hairdressers, 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.

Note. Business premises are a type of commercial premises—see the definition of that term in this Dictionary.

As the subject site is located within the Maitland Heritage Conservation Area, Clause 5.10 also applies to this application. Council, under Clause 5.10, is required to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views.

Council has conducted an assessment of the potential impact that the proposal will have on the significance of the Heritage Conversation Area and its location in the vicinity of Wallis House Group a listed heritage item, and is satisfied that the significance of the area will not be affected by this proposal. The proposed alteration and additions to the shed do not greatly alter the exterior appearance of the development. The colours and materials used are also appropriate.

The works proposed under the application will not impact Wallis House Group. As discussed above the building works proposed are minor and do not greatly alter the external appearance of the structure. The building is approximately 22.5 m from the eastern boundary that is shared with Wallis House Group.

Page (62) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) New Landscaping will be undertaken on site, with plantings being proposed along boundaries and along the proposed frontage to soften the visual impact of the proposed development and provide a landscape buffer to the Wallis House Group of buildings.

Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition

No draft environmental planning instrument applies to the application proposal.

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

The ‘Hunter River Floodplain Management’ chapter of Maitland Citywide DCP is applicable to the proposal.

The land is subject to inundation by approximately 3 metres of water in a 1 per cent flood event. Flow velocity is relatively low at 0.45 metres per second.

The DCP makes provision for new commercial and industrial developments or extensions/alterations to be considered in the locality as long as a certificate from a Structural Engineer is submitted ensuring that the development is capable of withstanding the effects of flooding (including immersion, structural stability and impact from debris) and will not adversely affect the flow of floodwaters (based upon information provided by a suitably qualified Hydraulic Engineer).

The proposed building additions are minor and will be conditioned to require a certificate that the new structures are able to withstand the effects of flooding and not impact on adjoining land. The certificate will be required prior to the issue of the Construction Certificate.

The ‘Vehicle Access & Car Parking’ chapter of Maitland Citywide DCP is applicable to the proposal.

Retail premise car parking requirements under the DCP is 1 car park per 25m ² gross floor area and business premises requirements are 1 car park per 45m² gross floor area. The table below shows the on-site car parking calculations:

Proposed Use - Area Rate On-site Parking Spaces

Retail Premise – 355m² 1 per 25m² 15

Business Premises – 355m² 1 per 40m² 9

Proposed Extensions – 65m² 1 per 40m² 2

The above car parking calculations show that the business premises car parking demand is lower than the existing retail premise. The DCP allows for existing building to only require additional parking on-site for the proposed extensions. Therefore, eleven (11) on-site car parking spaces are required for the business

Page (63) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) premises. As the demand for car parking has not increased under the DCP no additional parking on-site is required. The site will have six (6) marked car parks onsite with (1) one being provided for under the existing carport. There is adequate additional pavement area on the eastern side of the building to accommodate parking demand beyond the six (6) marked spaces however it is considered that the likely need to use this area would be low. The sites existing hardstand area and two existing drives provide adequate vehicle manoeuvrability and loading areas for the proposed uses. The site car parking and access are adequate under the DCP.

Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph)

Clause 92 of the Environmental Planning and Assessment Regulation 2000 requires the Council, where relevant to consider the development proposal in the context of the NSW Government Coastal Policy and Australia Standard AS 2601 relating to the demolition of structures. The NSW Coastal Policy is not relevant to the current application and a consent condition will require that any demolition works proposed be in accordance with AS2601- Demolition of Structures.

Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

The key impacts of this proposal relate to heritage and noise.

Heritage

The site is located within the Maitland Heritage Conservation Area and adjoins local Heritage Item Wallis House Group. The existing building on site was first established in 1962 however has developed over the years with a number of alterations and additions being consented to in the 1970s. The current proposed alterations and additions are minor in nature and are not out of character with the existing shed. The new works do not visually impact the locality as they are minor in nature and the bulk and scale is in keeping with the existing structure. The proposed new signage is also in proportion with the building and is not illuminated.

There will be no adverse impact from the proposal in relation to the Heritage character of the area.

Section 79C(1)(c) the suitability of the site for the development

The site is considered suitable for the proposal given its location and the existing buildings and supporting infrastructure on the land. The land is close to services and the locality is developed with a number of commercial, rural and industrial uses. The additions to the building are modest and do not represent a significantly higher flood hazard risk than the former fruit and vegetable shop use.

Page (64) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) Section 79C(1)(d) any submissions made in accordance with this act or the regulations

The proposal was advertised and notified from 25 June 2012 until the 9 July 2012. Nine (9) submissions were received. Four (4) submissions from two persons objecting to the proposal and five (5) separate submissions in support of the proposal.

The main issues raised by the objections are summarised below and comment provided:

 Permissibility of the change of use under the ‘existing use’ provision of the Act;

 Heritage impact on the locality;

 The small freestanding roof structure on eastern boundary;

 Unsuitable use in the rural locality; and

 Stormwater drained onto adjoining properties.

Planners Comments

Issue: Permissibility of the change of use under the ‘existing use’ provision of the Act

Response: The submissions raise that Building Applications had been refused on the site for the fruit & vegetable stall therefore the use was unlawfully commenced and ‘existing use’ provisions are not applicable to the application. As discussed above previously in this assessment, it was established that the use as a retail premise was lawfully commenced under DA1962-11 when approval was granted for a fruit & vegetable stall and the original building was constructed to the submitted plans for BA345/1961 which was approved on 12 February 1962.

A number subsequent Building Applications have were lodged for alterations and additions to the Stall. The table below is a summary of the BAs submitted on the site:

Building Application Description Approved/Refused No.

BA345/1961 Fruit Stall Approved 12/2/1962

BA245/1962 Additions to Fruit Approved 12/09/1962 Stall

BA197/1963 Additions to Stall Refused 17/10/1963

Page (65) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) BA233/1964 Additions to roofing Approved 22/06/1965

BA453/1967 Additions to Fruit Refused 21/11/1967 Stall

BA498/1968 Vehicle Shelter Approved 10/06/1969

BA1/1977 Additions to Fruit Approved 14/01/1977 Stall

The building generally has been completed in accordance with the above approvals.

The site will be used as the business premises for Lincoln Greedy Building and Sadie House Cleaning. The operations will include the sales of materials for trade, administration, display area and an office for the public to discuss and obtain advice on building projects. The proposed uses would fall within the definition of a ‘business premises’ as defined under the MLEP 2011.

The submissions also suggest that the use is defined as a ‘depot’ however as the premises will have a display area and offer sales to trades it cannot be defined as a depot under the MLEP 2011 as a depot does not include the sale or display of goods.

Issue: Heritage impact on the locality

Response: The structures on site have existed in one form or another since 1962. The proposed extensions are only minor and will not greatly alter the bulk and scale of the built form.

Wallis House is a significant heritage item in the assessment of the proposal. The locality will not be significantly impacted by the development. The building’s setback from Wallis Hose Group and High Street plays a critical role in maintaining the Streetscape. This setback will remain unaltered. The building is 22.5 metres from the Wallis House boundary and has a front setback of 14 metres from High Street.

New Landscaping will be undertaken on site, with plantings being proposed along the eastern boundary to provide a landscape buffer to the Wallis House Group of building.

Clause 5.10 of the MLEP 2011 has been considered and the new proposed works and the use are not anticipated to impact the heritage item Wallis House Group which adjoins the proposed site.

Page (66) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) Issue: Visual Impact

Response: The proposed development will not significantly alter the visual aspect of the site in the locality. The proposed works are only minor and will not affect the over bulk, scale and external appearance of the large shed. The building setback allows for the building not to dominate the Street.

New Landscaping will be undertaken on site, with plantings being proposed along boundaries and along the proposed frontage to soften the visual impact of the proposed development. The proposed development is appropriate and will result in a modest improvement to the site when viewed from adjoining properties and the public domain.

Issue: Small freestanding roof structure on eastern boundary

Response: The small freestanding roof structure. It has been requested that the carport be removed. The proposed structure on the eastern boundary is to remain unchanged. The carport will not be used for the storage of materials. It will be used for covered vehicle parking by employees.

Issue: Unsuitable use in the rural locality

Response: The site is considered suitable for the change of use of the fruit/vegetable stall and storage given its location and the existing buildings and support infrastructure which exists. The land is close to services and the locality is developed with a number of commercial and industrial uses which contribute to it not being within a purely rural landscape unit.

Issue: Stormwater running onto adjoining land.

Response: The site stormwater under the proposal is not to be altered however; the stormwater does currently run to the street and adjoining land. A condition of consent has been included that all stormwater be diverted to the street in accordance with Council’s requirements.

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

The proposal, if approved, would not have a significant impact on the character of the locality and the amenity of the adjoining/nearby residences. The proposal represents an adaptive reuse of an existing building and associated facilities. It is not considered that the proposal is inconsistent with the public interest.

Issue Comment

Page (67) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) FINANCIAL IMPLICATIONS

This matter has no direct financial impact upon Council’s adopted budget or forward estimates.

POLICY IMPLICATIONS

This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS

Statutory implications relating to assessment of the subject application have been addressed in the body of the report

CONCLUSION

An assessment of the application has been carried out under Section 79C and 108 of the Environmental Planning and Assessment Act, 1979 as amended. The proposed development is considered satisfactory in terms of the relevant matters of consideration under the Act and the development application is recommended for approval.

Page (68) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) SCHEDULE OF CONDITIONS

Reason for Condition(s) The following condition(s) have been applied to the development, subject of this consent, to ensure that the development meets the requirements of the NSW Environmental Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment Regulation 2000, and the various policies and development controls of Maitland City Council and other government agencies relevant to the development being undertaken.

APPROVED PLANS AND DOCUMENTATION

1. The development shall be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule and any amendments arising through conditions to this consent or as shown in red colour on the plans:

Plan Ref. Rev n Revision Prepared by: No No Date (consultant) Tim Hover HTP-1206-001- C 22/05/2012 SHT1/2 Architectural Drafting Service HTP-1206-001 Tim Hover C 22/05/2012 SHT2/2 Architectural Drafting Service

HOURS OF OPERATION

2. The hours of operation for the business premises are limited to:  Monday to Friday – 7:00am to 5:00pm  Saturday - 8:00am to 12.30pm  Sunday and Public Holidays - CLOSED

GENERAL REQUIREMENTS

3. The businesses premises will not to be used to storage of any hazardous/dangerous goods.

CERTIFICATES

4. Prior to the issue of a Construction Certificate, a certificate is to be submitted to Council from a Structural Engineer ensuring that the development is capable of withstanding the effects of flooding (including immersion, structural stability and impact from debris) and will not adversely affect the flow of floodwaters (based upon information provided by a suitably qualified Hydraulic Engineer).

Page (69) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) 5. Prior to the commencement of works an application for a Construction Certificate shall be submitted to, and be approved by, the Accredited Certifier.

6. Prior to the issue of an Occupation Certificate all conditions of development consent shall be complied with.

7. Prior to occupation of the building an Occupation Certificate shall be issued by the Principal Certifying Authority.

8. Prior to issue of the Construction Certificate, a certificate of compliance under Section 50 of the Hunter Water Act 1991 for this development, shall be submitted to the Accredited Certifier.

LANDSCAPING

9. All landscaped areas of the development shall be maintained in accordance with the approved landscape plan. The landscaped areas shall be kept free of parked vehicles, stored goods, waste material, and the like.

CARPARKING

10. Car parking for the development shall be provided in accordance with the approved plans, with a minimum allocation for the development of 6 spaces.

11. All on-site driveways, parking areas and vehicles turning areas shall be constructed with a bitumen sealed granular pavement, segmental pavers, or as reinforced concrete.

12. All parking bays shall be delineated with line-marking and/or signposting.

VEHICLE ACCESS

13. Damage to existing footway and/or kerb and gutter along the frontage of the property, arising from construction activity on the site, shall be reinstated in accordance with Council’s standards.

STORMWATER DRAINAGE

14. Final discharge of collected stormwater runoff shall be piped to the existing on-site drainage system. In the absence of that drainage system, discharge shall be piped, in accordance with Council's Manual of Engineering Standards, to either: i) the street gutter, or ii) an existing street drainage pit, or,

Page (70) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) iii) with Council’s approval, to an adjoining receiving area on public land.

EROSION CONTROLS

15. The property shall be protected against soil erosion, such that sediment is not carried from the construction site by the action of stormwater, wind or “vehicle tracking”.

BUILDING CONSTRUCTION

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

17. Upon completion of the building BUT prior to its occupation, a Final Fire Safety Certificate with respect to each critical and essential fire safety measure installed in the building shall be submitted to Council. Such certificates shall be prepared in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.

18. At least once in each twelve month period, fire safety statements in respect of each required essential fire safety measure installed within the building shall be submitted to Council. Such certificates are to state that: a) The service has been inspected and tested by a person (chosen by the owner of the building) who is competent to carry out such inspection and test; and b) That the service was or was not (as at the date on which it was inspected and tested) found to be capable of operating to a standard not less than that specified in the fire safety schedule for the building). Such statements shall be prepared in accordance with Division 5 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.

19. All excavations and backfilling shall be executed safely, in accordance with appropriate professional standards and shall be properly guarded and protected to prevent the works from being dangerous to life or property.

20. The applicant shall submit to Council, “Notice of Commencement” at least two days prior to the commencement of construction works.

21. Hours of Work: Unless otherwise approved by Council in writing; all building work associated with this approval shall be carried out between 7.00am and 6.00pm Monday to Fridays and 7.00am to 5.00pm on Saturdays with no work permitted on Sundays or Public Holidays that may cause offensive noise.

Page (71) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) SERVICES & EQUIPMENT

22. A copy of the fire safety schedule and fire safety certificate shall be prominently displayed in the building in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation 2000.

23. A copy of the fire safety schedule and fire safety certificate shall be forwarded to the Commissioner of New South Wales Fire Brigades, in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.

SITE CONSIDERATIONS

24. All excavated and/or filled areas are to be retained or battered and suitably drained so as to prevent any subsidence of the area and constructed so as to deny any flow of water into or around the building or neighbouring buildings or onto neighbouring land. Where a retaining wall is planned for this purpose and such wall exceeds 1.0m in height at any point from finished ground level, plans and specifications of the construction SHALL BE APPROVED BY COUNCIL BEFORE WORKS COMMENCE. Plans and specifications of retaining walls greater than 1.0m in height MUST BE CERTIFIED BY A PRACTICING PROFESSIONAL ENGINEER. Note: The submission of a separate Development Application is not required for a retaining wall associated with this approval and indicated on the approved plans.

25. All building refuse on this building site shall be stored in such a manner so as not to cause a nuisance to adjoining properties.

26. If an excavation extends below the level of the base of the footings of a building/structure on an adjoining allotment of land, the person causing the excavation to be made.

i) Must preserve and protect the building/structure from damage, and

ii) If necessary, must underpin and support the building/structure in an approved manner, and

iii) Must, at least 7 days before excavating below the level of the base of the footings of a building/structure on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building/structure being erected or demolished.

The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this condition, whether carried

Page (72) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) out on the allotment of land being excavated or on the adjoining allotment of land. (Includes a public road and any other public place).

27. If the work:

i) is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or

ii) involves the enclosure of a public place

A hoarding or fence must be erected between the work site and the public place.

If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place. Any such hoarding, fence or awning is to be removed when the work has been completed.

28. A sign must be erected in a prominent position on the work:

(i) stating that unauthorised entry to work site is prohibited, and

(ii) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted during work hours. Any such sign is to be removed when the work has been completed.

This condition does not apply to:

(i) building work carried out inside an existing building, or

(ii) building work carried out on premises that are to be occupied continuously (both during and outside working hours) while the work is being carried out.

29. Approved toilet facilities are to be provided, at or in the vicinity of the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. The provision of toilet facilities in accordance with this Clause must be completed before any other work is commenced.

Page (73) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) 30. The site is to be cleared of all building refuse and spoil immediately after completion of the building/structure.

31. No building materials, refuse or spoil is to be deposited on or be allowed to remain on Council's footpath.

32. Suitable and adequate measures are to be applied to restrict public access to the site and building works, materials and equipment.

ADVICES

A You are advised that, prior to submitting an application for an Occupation Certificate the applicant should ensure that all relevant conditions of development consent have been complied with.

B You are advised that in regard to potential soil erosion from the construction site, such pollution of the environment is an offence under the Protection of the Environment & Operations (POEO) Act and may incur infringement fines.

C You (or the owner) are advised to notify Council in writing, of any existing damage to the street infrastructure (including landscaping) along the frontage of the property, prior to commencement of construction. The absence of such notification signifies that no damage exists. Where necessary repairs are carried out by Council, the owner of the property shall be held liable for the cost of those repairs.

D You are advised that, prior to pouring of internal concrete driveways and kerbs, which act as surface depression storage for the stormwater detention, (and/or surfaces which divert runoff to those storage areas), levels should be confirmed, by survey, on formwork and control marks.

E You are advised that the issue of this development consent does not amount to a release, variation or modification by Council of any covenant or easement applicable to this property and that Council will not be held responsible when action on this consent results in any loss or damage by way of breach of matters relating to title of the property.

F You are advised that compliance with the requirements of the Disability Discrimination Act, (DDA) applies to works on this site. It should be noted that compliance with the Building Code of Australia does not necessarily meet the requirements of the DDA.

Page (74) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.) G You are advised that any proposed advertising signs are subject to a separate Development Application to Council.

Page (75) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

Locality Plan

Planning, Environment and Lifestyle Reports

DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL

Locality Plan

Meeting Date: 14 August 2012

Attachment No: 1

Number of Pages: 1

Page (76) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

Page (77) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

Development Plans

Planning, Environment and Lifestyle Reports

DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL

Development Plans

Meeting Date: 14 August 2012

Attachment No: 2

Number of Pages: 2

Page (78) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

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DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

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DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

Submissions

Planning, Environment and Lifestyle Reports

DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL

Submissions

Meeting Date: 14 August 2012

Attachment No: 3

Number of Pages: 15

Page (81) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

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DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

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DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

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DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

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DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

Page (86) ORDINARY MEETING AGENDA 14 AUGUST 2012

DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

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DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

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DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

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DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

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DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

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DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

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DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

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DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

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DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

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DA 12-1689 CHANGE OF USE FROM RETAIL PREMISES TO BUSINESS PREMISES - ADMINISTRATION/STORAGE OF BUILDING COMPANY & CLEANING BUSINESS - LOT 101 DP1011929, 21 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL (Cont.)

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10.4 Works In Kind Agreement for Government Road Thornton 10.4 WORKS IN KIND AGREEMENT FOR GOVERNMENT ROAD THORNTON

File No: 103/41/13 Attachments: 1. Previous Resolution of September 2009 2. Copy of the draft WIK Responsible Officer: Bernie Mortomore - Executive Manager Planning, Environment and Lifestyle Ian Shillington - Manager Urban Growth Author: Leanne Harris - Project Planner Maitland 2021 Outcome 4: Well-planned and integrated infrastructure Council Objective: 4.2.2 To ensure that public utility infrastructure is delivered to meet essential needs

EXECUTIVE SUMMARY

This report deals with the finalisation of a Works In Kind Agreement between the Council and Redpee Pty Ltd for the provision of works, including a roundabout along Government Road, that have been required as a result of development within the Thornton North Urban Release Area and that are contained within the Council’s Thornton North Section 94 Contributions Plan.

All the works have been completed, costs verified via quantity surveyors and Council’s own review processes and a legal contract or WIK Agreement has been prepared by Council’s lawyers and is now presented to Council for approval.

OFFICER’S RECOMMENDATION

THAT The draft Works In Kind Agreement as presented to Council in this report be approved and the Common Seal of the Council be affixed to the documentation

REPORT A development consent was issued for DA 07-3189 Government Road Thornton for the creation of 39 residential lots, 1 public reserve and 1 residue lot on the 6th April 2009.

The subdivision is located within the Thornton North urban release area and is therefore within the Thornton North Section 94 Contributions Plan catchment. This particular development application required the construction of a new roundabout at the intersection of Government Road and the new access road into the subdivision (Hillgate Drive) as well as partial upgrading of Government Road and partial construction of a new trunk cycleway route along Government Road. All of these works were considered to be essential to the subdivision and were incorporated into consent conditions for the development. They also form an integral part of the overall infrastructure planning for the Thornton North Urban Release Area and are therefore included in the works schedules of the Council’s Thornton North s.94 Contributions Plan.

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WORKS IN KIND AGREEMENT FOR GOVERNMENT ROAD THORNTON (Cont.) On the 8th September 2009 Council considered a report on these works and an application from the developer to enter into a Works In Kind (WIK) Agreement. The relevant works are listed in the Council’s Thornton North Section 94 Plan as:

 TN 58 – Government Road / New Intersection

 TN 46 – Government Road upgrading from Raymond Terrace Road to Somerset Drive (part of)

 TN 36 – Thornton R2 cycleway from Raymond Terrace Road to Somerset Drive (part of)

At the meeting of the 8th September Council resolved to proceed with the preparation of the WIK and since that time has worked with the developer regarding the construction and acceptance of the works, cost analysis of the completed works including reviews by both Council Officers and Quantity Surveyors and drafting of the legal contract documentation. These processes have been completed, hence the draft WIK is now being presented to Council for approval in accordance with the Council’s adopted policy process and the previous resolution of the September 2009 (Attachment No.1).

As per the works schedule of the Thornton North Section 94 Plan the current indexed values of the various works in the Plan are as follows:

 TN 58 – Government Road / New Intersection $718,961

 TN 46 – Government Road upgrading (total) $2,154,073

 TN 36 – Thornton R2 cycleway (total) $202,127

Following detailed analysis of the Developers construction costs, QS documentation and Council’s internal review processes the following has been established:

 TN 58 – Government Road / New Intersection

The roundabout is fully constructed and all eligible funds of $718,961 should be made available to cover the demonstrated expenditure costs.

 TN 46 – Government Road upgrading from Raymond Terrace Road to Somerset Drive (part of)

The Section 94 Plan allows for the upgrading of a total of 960 metres of road. This development has included 382.3 metres of this work, however Council intends to retain a sum of $108,274 for a small section of kerb and gutter north of the roundabout that has not been completed, and some property acquisition yet to occur on the eastern side of the roundabout. Proportionally therefore $749,541 should be made available (ie $2,154,073 / 960 x 382.3 - $108,274)

 TN 36 – Thornton R2 cycleway from Raymond Terrace Road to Somerset Drive (part of)

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WORKS IN KIND AGREEMENT FOR GOVERNMENT ROAD THORNTON (Cont.) The Section 94 Plan allows for the construction of 940 metres of cycleway. This development has included the construction of 286 metres of the cycleway and proportionally therefore $61,498 should be made available (ie $202,127 / 940 x 286)

The above figures therefore form the basis of the WIK documentation

DRAFT WORKS IN KIND AGREEMENT A copy of the draft WIK is provided as Attachment No. 2 to this report.

As previously indicated, the works covered by the WIK form part of DA073189 which allows for the creation of 39 residential lots, 1 public reserve and 1 residue. To date, Stage 1 of the subdivision has been endorsed which created 18 residential lots.

Standard Thornton North Section 94 contributions were levied on the DA consent on the understanding that once a WIK had been negotiated and entered into, offsets would be available for the relevant categories of contributions as follows:

 TN 58 and TN 46 will satisfy the obligation to pay development contributions for the purposes of Thornton North Roads and Traffic Facilities (up to the negotiated WIK value)

 TN 36 will satisfy the obligation to pay development contributions for the purposes of Thornton North cycleways (up to the negotiated WIK value)

The consent allows for the creation of only 39 residential lots, due to the current cap on lot numbers in place through the Department of Planning and Infrastructure. The residue portion of the land is zoned residential and will be subject to a future DA if and when the cap arrangements are reviewed or varied. The total value of the works within the draft WIK agreement therefore exceed the contributions payable for the two category types as set out above and result in what the draft WIK refers to as “surplus value”.

As per the consent conditions, total contributions payable for the 39 approved lots for Thornton North Road and Traffic Facilities (indexed) are $795,150. Given the agreed value for TN 58 and TN 46 amount to $1,468,502 there is a surplus roads value of $673,352. Similarly the total Thornton North cycleways contributions payable (indexed) are $7,144. As the agreed value for TN 36 is $61,498 there is a surplus cycleways contribution of $54,354.

The draft WIK proposes in dealing with this surplus value in two ways:

1. Cash Contribution

Council is currently holding some cash contributions within the Thornton North Section 94 Plan (as reported most recently to Council on the 12th June 2012). It is proposed that cash payments from within these balances should be made available on the following basis:

$250,000 for the cost of road and traffic facilities (available funds total $383,822)

$20,000 for the cost of the cycleway facility (available funds total $41,943)

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WORKS IN KIND AGREEMENT FOR GOVERNMENT ROAD THORNTON (Cont.) The inclusion of the suggested cash payment has been made on the basis:

 that this will go some way towards addressing the significant infrastructure costs associated with the development of the first 39 lots  the ongoing uncertainty regarding the existing cap on lot release and therefore ability to develop the residue lot which could seek further offsets as discussed below  the roadworks contributions that the Council is currently holding have been derived from the eastern extension of the Somerset Park area and therefore have a reasonably close relationship with the roadworks the subject of this report.  that there is unlikely to be any significant impact on overall cash flows or operation of the works schedules with the amounts of cash being suggested. 2. Future Credits or Offsets

Recognising that there is a residue to be developed in the future, the draft WIK provides for the balance of the agreed value, once this has been reduced via the cash payments described above, to be offset against future consents. Again this is only related to the contributions related to the Thornton North road and traffic and cycleway facilities.

CONCLUSION This report provides the Council with the final draft WIK Agreement in accordance with the Council’s previous resolution in relation to this matter.

All of the works are complete and have been accepted by Council as satisfactory. Following extensive review and negotiation, values of the works have been verified via QS documentation. The value of the works as recommended for the WIK are consistent with the Council’s adopted Section 94 Contributions Plan works schedules.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates. The works have already been constructed and are fully developer funded via the Thornton North Section 94 Contributions Plan.

POLICY IMPLICATIONS This matter has no specific policy implications for Council and is consistent with the Council’s adopted Section 94 contributions policy.

STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.

The draft Works In Kind Agreement has been prepared by Council’s legal representatives in accordance with the requirements of the Environmental Planning and Assessment Act 1979.

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WORKS IN KIND AGREEMENT FOR GOVERNMENT ROAD THORNTON (Cont.)

Previous Resolution of September 2009

Planning, Environment and Lifestyle Reports

WORKS IN KIND AGREEMENT FOR GOVERNMENT ROAD THORNTON

Previous Resolution of September 2009

Meeting Date: 14 August 2012

Attachment No: 1

Number of Pages: 1

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WORKS IN KIND AGREEMENT FOR GOVERNMENT ROAD THORNTON (Cont.)

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WORKS IN KIND AGREEMENT FOR GOVERNMENT ROAD THORNTON (Cont.)

Copy of the draft WIK

Planning, Environment and Lifestyle Reports

WORKS IN KIND AGREEMENT FOR GOVERNMENT ROAD THORNTON

Copy of the draft WIK

Meeting Date: 14 August 2012

Attachment No: 2

Number of Pages: 25

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10.5 Release of State Government Green Paper - A New Planning System for NSW 10.5 RELEASE OF STATE GOVERNMENT GREEN PAPER - A NEW PLANNING SYSTEM FOR NSW

File No: 103/1 Attachments: 1. Draft Submission 2. Reform of the NSW Planning Legislation and System (under seperate cover on CD) 3. Green Paper (under seperate cover on CD) Responsible Officer: Bernie Mortomore - Executive Manager Planning, Environment and Lifestyle Ian Shillington - Manager Urban Growth Author: Leanne Harris - Project Planner Maitland 2021 Outcome 6: Built heritage and sustainable development Council Objective: 6.1.1 To encourage orderly, feasible and equitable development whilst safeguarding the community’s interests, environmentally sensitive areas and residential amenity.

EXECUTIVE SUMMARY

This report deals with the release of the NSW State Government’s Green Paper entitled A New Planning System for NSW which is on public exhibition until the 5th October 2012. Council most recently considered a report on the review of the NSW Planning System on the 14th February 2012 and at that stage resolved to support a collective Hunter Councils submission.

This report provides the Council with an overview of the key elements of the Green Paper and recommends that a further submission be made.

Of key importance to the Councillors is likely to be what may be perceived as a lack of empowerment in local planning decisions, uncertainty about their role in policy making and development assessment, the role the Maitland local government area will play in the region and sub-region depending on the setting of future boundaries and the potentially significant implications for local infrastructure contributions planning and the provision of future community and recreation facilities for the Maitland community.

Whilst the Green Paper sets out the broad policy direction of a new planning act, until the release of the subsequent White Paper and draft legislation much of the detail remains unknown, however there are many broad ranging implications for the future roles of local government and the Elected Council that are discussed in this report.

OFFICER’S RECOMMENDATION

THAT Council make a submission in relation to the Green Paper as outlined in the Attachment to this report.

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RELEASE OF STATE GOVERNMENT GREEN PAPER - A NEW PLANNING SYSTEM FOR NSW (Cont.) INTRODUCTION On the 14th July 2012, the State Government released its Green Paper entitled “A New Planning System for NSW’. The Green Paper is a broad policy discussion document that follows the release of the Issues Paper ‘The Way Ahead for Planning in NSW’ which was the subject of a report to the Council on the 14th February 2012. In response to that report, Council endorsed a collective Hunter Councils submission, outlining key issues and concerns that needed to be addressed in the planning system review process. The Green Paper is being publicly exhibited until Friday October 5th 2012. The Green Paper is over 90 pages in length and the purpose of this report is to provide the Council with an overview of the key elements and outline what are likely to be the major implications for local government in the new planning system. All Councillors are encouraged to review the Paper themselves. It should be noted that much of the detail in terms of the new legislation will not be known until the next steps in the process which are to include a White Paper and Exposure Bill. The Government has indicated that it intends to present the new planning legislation to Parliament in early 2013. This report recommends that the submission as shown as Attachment No. 1 be forwarded in response to the public exhibition process. This submission has been developed following internal review and discussion processes. A copy of the Green Paper and the previous Hunter Councils submission are included under Separate Cover to assist the Council with this report.

FOUR KEY AREAS OF REFORM The Green Paper is based around four fundamental areas of reform: 1. Community Participation – The major shift in the new planning system is to engage communities as an integral part of making key planning decisions that will affect the growth of their communities. 2. Strategic Focus – A major shift to evidence based strategic planning in terms of planning effort, community and stakeholder engagement and decision making. 3. Streamlined Approval – A shift to a performance based system in which duplicative layers of assessment have been removed, decisions are fast, transparent, and code complying development is maximised. 4. Provision of Infrastructure – A genuine integration of planning for infrastructure with the strategic planning of land use so that infrastructure that supports growth is funded and delivered. In recognition of the need for substantial operative and cultural changes there will also be an additional component of Delivery Culture. It is intended that the new planning act will be ‘enabling’ legislation. It will establish the broad framework for the planning system, but will not include detailed prescriptive controls. The Green Paper is very clear in that the role of planning in the future will be in facilitating and managing growth and development. To achieve the suggested reforms, 23 transformative changes are proposed as summarised in Figure ….

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RELEASE OF STATE GOVERNMENT GREEN PAPER - A NEW PLANNING SYSTEM FOR NSW (Cont.) The high-level objectives of the new planning system are to be: simple, certain, transparent, efficient, effective, integrated and responsive.

The green paper consistently emphasises the need to ensure that:

 there is flexibility to respond to change

 markets are competitive; and

 market demand is able to be satisfied

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RELEASE OF STATE GOVERNMENT GREEN PAPER - A NEW PLANNING SYSTEM FOR NSW (Cont.)

Some of the key transformative changes that are likely to be of relevance and interest to the Council are outlined below:

Community Participation There will be a much greater emphasis on community consultation and participation early at the strategic planning stage of the process with the aim that the community will be engaged in setting the overall planning outcomes for an area. The Government proposes a Public Participation Charter to require appropriate consultation to occur in plan making and development assessment. It aims to make decision making more transparent by making plan making information readily available requiring public tracking and notification of decision making and there will be an emphasis on the use of information technology and electronic planning with the ability to conduct most planning interactions online.

Strategic Planning The new planning system will substantially and significantly shift its emphasis and provisions to a strategic planning framework. To achieve this major structural change is proposed at all levels of the planning system, to remove complexity and duplication:  NSW Planning Policies – all the existing State Environmental Planning Policies and current s117 Directions will be repealed and replaced with 10 to 12 NSW Planning Policies which will articulate the Government’s policy direction on major planning issues such as housing and affordability, employment, mining, coastal planning and conservation. These will not be statutory planning instruments but will be designed to provide clear and practical high level planning direction and will be given effect in the development of strategic regional, sub-regional and local plans.  Regional Growth Plans – these will replace the existing Sydney Metropolitan Strategy, Regional Strategies (including the Lower Hunter Regional Strategy) and draft Strategic Regional Land Use Plans. It is intended that these will become integrated growth plans, linked with State infrastructure and transport plans and that they will provide the principle direction on how the Government expects a region to grow over a 20 year period. They will set targets and goals and be supported by clear accountabilities for delivery, links to funding for infrastructure and performance measures and reviews.  Subregional Delivery Plans – will be prepared in high growth areas for a group of local Councils, however the boundaries have not been specified. These will be the new principle planning tool for effecting land use change by: o directly rezoning land in key areas to avoid the need for local plans to be amended o providing a framework for code based assessment in key areas for subsequent development

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RELEASE OF STATE GOVERNMENT GREEN PAPER - A NEW PLANNING SYSTEM FOR NSW (Cont.) o consolidating NSW Government agencies requirements for development in the subregion in a timely manner and thereby reducing referral and concurrence requirements o linking subregional planning to infrastructure planning and delivery The responsibility for overseeing the preparation subregional plans will be given to a new entity of Regional Planning Boards comprised of public servants representing the relevant local Councils and state government agencies with an independent chair and key stakeholders. These are to be resourced through the Department of Planning and Infrastructure with local Councils to lead the engagement processes with their local communities. The subregional plans are to determine how growth and change as set in Regional Growth Plans should be accommodated through Sectoral Plans. They will apportion the housing, employment, retail and environment outcomes and targets that have previously been set.  Local Land Use Plans – the existing system of Local Environmental Plans and Development Control Plans will be replaced by new Local Land Use Plans, once the subregional delivery plans have been finalised. These will comprise four parts: o Part A – Strategic, a clear plain English explanation of the strategic intent of the plan and what it is trying to implement o Part B – Spatial Land Use Plan, which will zone the land in accordance with a ‘more flexible’ standard instrument o Part C - Infrastructure and Services, which provides an outline of local, regional and state infrastructure to support development o Part D – Development Guidelines and Performance Measures, which will provide all necessary provisions for assessment of development proposals including provisions for code assessment. The Green Paper makes it clear that the intent for this area of development assessment is that the guidelines should facilitate outcomes desirable for the market and not dictate solutions that preclude choice and flexibility.  New Zones and greater flexibility within zones - three new zones are proposed to maximise flexibility, provide opportunities for investment capture and protect suburban character, namely: o Enterprise Zones – will provide for employment related development but could also provide opportunities for mixed used housing investment. They will have very little if any development controls provided they do not result in significant environmental outcomes o Future Urban Release Area Zone – will formally designate land for future greenfield development when infrastructure cannot be immediately coordinated and delivered. o Suburban Character Zone – will provide an opportunity to preserve certain areas by excluding medium or high density development.

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RELEASE OF STATE GOVERNMENT GREEN PAPER - A NEW PLANNING SYSTEM FOR NSW (Cont.) Development Assessment and Compliance The Green Paper is outlining a shift to a performance based system in which duplicative layers of assessment have been removed, decisions are fast and transparent and code complying development is maximised. The level of assessment will match the level of impact and the key transformative changes are aimed at providing certainty and clarity to the system so that an applicant will know what the assessment path will be and who will determine the application. The Government strongly supports a fundamental shift that sees decision making on development applications streamed to appropriate, independent, and expert decision makers. State and regional scale development will continue to be assessed by the Planning Assessment Commission and the Joint Regional Planning Panels. At a local level the Green Paper is encouraging Councils to appoint expert panels, such as Independent Hearing and Assessment Panels, with the aim of depoliticising the assessment process. The Green Paper proposes that development assessment decisions be streamed as follows:

To reduce costs and speed up the delivery of development that is consistent with metropolitan or regional strategic planning, strategic compatibility certificates will allow such development to be considered prior to subregional and local land use plans being in place. Measures will also be put in place to ensure that proposals that comply with development standards that have been developed through sub-regional planning processes cannot be refused. Merit assessment will be strictly limited to where there are no predetermined standards and requirements in subregional delivery plans. In addition concurrence processes will be removed by either switching off the need for them once regional and subregional planning is complete or allowing Councils to deem State agency approvals if there is no response within designated timeframes. Smarter and timely assessment processes to promote economic growth are proposed by:  Matching information requirements to the assessment stage whereby any matter that has been or will be assessed at another stage of the approval process must not be reassessed

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RELEASE OF STATE GOVERNMENT GREEN PAPER - A NEW PLANNING SYSTEM FOR NSW (Cont.)  Speedy assessments with measures to increase accountability for decision makers to expedite the assessment process  Bringing JRPPs into the assessment process to ensure that they are a party to any negotiations arising as a result of the assessment process. Various options are suggested including JRPPs being involved in pre-lodgement meetings, regular briefings to the JRPPs by both the Council and the applicant and consideration of dedicated staff being provided to the JRPPs to assist with the assessment / determination interface  Adopting an amber light approach whereby applicants are formally provided with an opportunity to modify an application which without amendments would be refused  Letting the market bear the risk where applications will not be able to refused on grounds of insufficient demand  Smart consent conditions that are clear, reasonable, cost effective and proportionate in addressing the assessment issue. The proportion of code complying development will be maximised via the 10 day code approval for new houses being significantly expanded with targets for other code complying assessment types being developed in the NSW Planning Policies. A separate review will also be undertaken of the Building Regulation to identify improvements to building regulation, policy, systems and responsibilities. A system of rights of review will be introduced to:  Allow a proponent to seek an independent review of a Council’s decision on whether a rezoning should go ahead  Allow council’s and proponents to seek and independent review of the Department of Planning and Infrastructure’s decision as to whether a rezoning should continue  Allow proponents to seek an independent review of the Department of Planning and Infrastructure’s decision as to whether to issue a Strategic Compatibility Certificate or Site Compatibility Certificate  Ensure more independent post approval reviews so that where a decision was made by an elected Council, a post determination review would be carried out by the JRPPs, and where a decision was made by Council staff under delegation, a mechanism would be established where senior staff of adjoining Council(s) would undertake the review or there would be a small appeals tribunal similar to the City of Sydney model. Existing appeal rights to the Land and Environment Court are to be retained

Infrastructure Planning and Co-ordination The Green Paper proposes that the new planning system will align the funding and delivery of infrastructure with strategic planning to support growth across NSW. The major changes proposed to achieve this are:  Contestable Infrastructure provision to enable greater private sector participation in the delivery of infrastructure that supports growth. Consideration is also being given to competitive tendering processes for

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RELEASE OF STATE GOVERNMENT GREEN PAPER - A NEW PLANNING SYSTEM FOR NSW (Cont.) larger government infrastructure projects and the phasing out or modernisation and simplification of voluntary planning agreements.  Growth Infrastructure Plans to link strategic planning with infrastructure planning and provision, hence strengthening certainty and accountability for delivery. To address this Infrastructure NSW is developing a 20 year State Infrastructure Strategy, the Government is also preparing the NSW Long Term Transport Masterplan to identify a ‘clear direction for the development of transport infrastructure over the next 20 years’. The Growth Infrastructure Plans will be prepared by the Department of Planning and Infrastructure to identify the infrastructure needed to support development in high growth areas of the state in conjunction with subregional delivery plans.  Fairer, simpler system of infrastructure contributions to support rapid supply of housing and improve affordability  Public Priority Infrastructure to streamline assessment for major infrastructure delivery and provide upfront certainty accounting for increased public private delivery models. In terms of infrastructure contributions (ie Section 94 Contributions) some general principles are discussed and it is suggested that several options are currently being considered and that there will be further engagement with local government and the development industry to develop these reforms. The paper does however suggest that one option that is under strong consideration is as follows: 1. Local Infrastructure identified in Council’s Local Infrastructure Plan which would be limited to only include local roads, local drainage works and land for community facilities (not open space or drainage) 2. Regional Open Space Levy being a fixed levy per residential development which would be used to fund the acquisition, by either local or state government of: a. Local and regional open space land b. Local and regional drainage land c. Biodiversity conservation offsets 3. Regional Infrastructure identified in Growth Infrastructure Plans being a levy on new development in high growth areas to fund: a. New and upgraded regional roads b. Land for health and educational facilities c. Land for emergency service facilities The Government also proposes:  To establish a Taskforce with local government to develop solutions for administrative arrangements  To make the new framework provide for levies as late as practically achievable in the development process  To ensure greater transparency, clarity and accountability in the State development contribution and budget process by requiring contributions to be spent in the same catchment that they are collected in, for contributions

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RELEASE OF STATE GOVERNMENT GREEN PAPER - A NEW PLANNING SYSTEM FOR NSW (Cont.) to be directed towards infrastructure provision rather than consolidated revenue and to provide for a clear reporting process through the Budget.

Delivering a New Planning System To improve the delivery of the planning system new governance initiatives are proposed:  A Chief Executive Officer’s Group to integrate and drive implementation  Regional Planning Boards to advise on regional and subregional strategic plan making, infrastructure and planning issues  Mandatory performance monitoring against clear indicators with regular public reporting and review  Major organisational reform program to address the structure and culture of planning at all levels and within both the public and private sectors.

PROPOSED SUBMISSION A draft submission has been compiled in response to the Green Paper and is provided as Attachment 1 to this report. A copy of the previous Hunter Councils submission, together with the Green Paper itself, have been circulated under Separate Cover. It should be noted that the many, although not all, of the recommendations that were put forward via Hunter Councils have been now reflected in the Green Paper, particularly in terms of:  Complete reform of the planning system  Legislation being simpler, clearer and outcome focussed  Shifting the emphasis on community engagement to the plan making  The need for consolidated State policies  Integration of regional and local planning with environmental and infrastructure outcomes and collective State agency participation  Matching development assessment to the scale and complexity of projects  Issues with implementation of the new system and the need for a shift in culture. The current submission seeks to provide comment, both supportive and in relation to issues that remain of concern regarding the key areas of reform now set out in the Green Paper. As indicated previously, until the draft legislation is actually available, much of the detailed implications remain unknown at this stage. Of key importance to the Councillors is likely to be what may be perceived as a lack of empowerment in local planning decisions, uncertainty about their role in policy making and development assessment, the role the Maitland local government area will play in the region and sub-region depending on the setting of future boundaries and the potentially significant implications for local infrastructure contributions planning and the provision of future community and recreation facilities for the Maitland community.

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RELEASE OF STATE GOVERNMENT GREEN PAPER - A NEW PLANNING SYSTEM FOR NSW (Cont.)

CONCLUSION This report provides the Council with an overview of the recently released NSW Green Paper for Planning Reform. The Green Paper represents a fundamental shift for planning in NSW and it is recommended that the Council make a submission in relation to the public exhibition process.

FINANCIAL IMPLICATIONS At this stage, this matter has no direct financial impact upon Council’s adopted budget or forward estimates.

POLICY IMPLICATIONS At this stage this matter has no specific policy implications for the Council.

STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.

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Draft Submission

Planning, Environment and Lifestyle Reports

RELEASE OF STATE GOVERNMENT GREEN PAPER - A NEW PLANNING SYSTEM FOR NSW

Draft Submission

Meeting Date: 14 August 2012

Attachment No: 1

Number of Pages: 4

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Reform of the NSW Planning Legislation and System (under seperate cover on CD)

Planning, Environment and Lifestyle Reports

RELEASE OF STATE GOVERNMENT GREEN PAPER - A NEW PLANNING SYSTEM FOR NSW

Reform of the NSW Planning Legislation and System (under seperate cover on CD)

Meeting Date: 14 August 2012

Attachment No: 2

Number of Pages:

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Green Paper (under seperate cover on CD)

Planning, Environment and Lifestyle Reports

RELEASE OF STATE GOVERNMENT GREEN PAPER - A NEW PLANNING SYSTEM FOR NSW

Green Paper (under seperate cover on CD)

Meeting Date: 14 August 2012

Attachment No: 3

Number of Pages:

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10.6 Rezoning of the Farley Urban Release Area 10.6 REZONING OF THE FARLEY URBAN RELEASE AREA

File No: RZ09005 Attachments: 1. Planning Proposal (under seperate cover on CD) 2. Submissions 3. Gateway Determination 4. Response to Submissions 5. Boundary Variation - MUSS 2010 Farley Investigation Area Boundary & Exhibition Planning Proposal Boundary Responsible Officer: Bernie Mortomore - Executive Manager Planning, Environment and Lifestyle Ian Shillington - Manager Urban Growth Author: Josh Ford - Strategic Town Planner Maitland 2021 Outcome 7: Diverse and affordable housing Council Objective: 7.2.1 To ensure land and housing choice is consistent with forecast demographic demand

EXECUTIVE SUMMARY

On 27 September 2011 Council resolved to submit a planning proposal to the Department of Planning, seeking an amendment to the Maitland Local Environmental Plan 2011 (MLEP 2011) for land known as the Farley Urban Release Area. The purpose of the planning proposal was to rezone certain rural land to urban and environmental purposes, and to amend the Maitland LEP 2011 accordingly. The planning proposal is included in this report under Attachment 1.

The Department of Planning made a Gateway determination in accordance with Section 56 of the Environmental Planning & Assessment Act, 1979. The Gateway determination stated that the planning proposal was to be exhibited for a minimum period of twenty-eight (28) days, in accordance with the provisions of Section 57 of the Environmental Planning and Assessment Act, 1979.

The Council resolution from 27 September 2011 stated that a further report would be presented to Council following the public consultation process. The purpose of this report is to provide a summary of the submissions received during the exhibition period and to identify any issues raised from the community consultation process. The issues that were most common in the submissions included the impacts of noise and vibration, stormwater, traffic, loss of vegetation, and the provision of infrastructure. All submissions are included under Attachment 2.

OFFICER’S RECOMMENDATION

THAT

1. In accordance with Section 57 & 58 of the Environmental Planning & Assessment Act 1979, Council consider the submissions received during the exhibition period, and make no changes to the proposed LEP

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REZONING OF THE FARLEY URBAN RELEASE AREA (Cont.) amendment.

2. In accordance with section 59 of the Environmental Planning & Assessment Act 1979, Council submit the planning proposal to the Department of Planning requesting that the Minister make the LEP.

Background The proposal involves rezoning land that is currently zoned for rural purposes to residential and environmental management zones, and amending the Maitland LEP 2011 accordingly. On 27 September 2011 Council resolved to submit a planning proposal to the Department of Planning, seeking an amendment to the Maitland LEP 2011 for the abovementioned purpose. A Gateway determination was processed by the Department of Planning on 23 November 2011, permitting public exhibition of the planning proposal in accordance with Section 57 of the Environmental Planning and Assessment Act, 1979. The Gateway determination is included under Attachment 3.

Policy Context As previously reported to Council, the proposal is consistent with the Lower Hunter Regional Strategy 2006 and the Maitland Urban Settlement Strategy (MUSS) 2010. The MUSS 2010 identifies the Farley URA as a Category 1 investigation area, while the Farley Category 2 investigation area adjoins the Farley URA to the south.

All land within the Farley URA is currently zoned RU2 Rural Landscape zone under the Maitland LEP 2011. The proposal involves rezoning land from RU2 Rural Landscape zone to R1 General Residential zone and E3 Environmental Management zone.

Consultation The Department of Planning processed a Gateway determination on 23 November 2011 which outlined the requirements for community consultation associated with this proposal. The Department stipulated a minimum public exhibition period of 28 days for the proposal. Each public authority was to be given at least 21 days to comment on the proposal. The Gateway determination stated that consultation was required with the following public authorities:

 Australian Rail and Track Corporation (ARTC)  Mindaribba Aboriginal Land Council  Catchment Management Authority – Hunter/Central Rivers  Office of Environment and Heritage  Heritage Branch – Office of Environment and Heritage  Department of Primary Industries (Agriculture)  Hunter Water Corporation  NSW Rural Fire Service  Roads and Traffic Authority (now Roads and Maritime Services)

Letters were sent to each of these agencies requesting comments by 20th June 2012. Not all the above listed agencies responded to Council’s notification, however comments from the agencies that did respond have been included under Attachment 2. Furthermore, it should be noted that some agencies had requested

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REZONING OF THE FARLEY URBAN RELEASE AREA (Cont.) an extension of time to provide comments, and Council agreed to this extension of time, as it was considered to be in the interests of both the community and future planning for the Farley URA to receive feedback from the relevant government agencies.

Submissions Copies of each of the public and government agency submissions received during the exhibition period are attached to this report under Attachment 2.

A total of twelve (12) submissions were received during the exhibition period. Five (5) public submissions were received, and seven (7) submissions were received from government agencies. A detailed response has been tabled in relation to the points raised in each submission, which is included under Attachment 4.

It should be noted that there were a number of late submissions. Public submissions that were accepted as late submissions included Lowe and Rowcliff. Government agency submissions from NSW Office of Environment and Heritage (OEH), NSW Environmental Protection Authority (EPA), NSW Roads and Maritime Services (RMS) and Hunter Water Corporation (HWC) were all accepted as late submissions.

Variations to Planning Proposal The previous Council report (dated 27 September 2011) included proposed mapping that showed land in the southern portion of the Farley URA proposed as E3 Environmental Management zone. This land was excluded from the planning proposal which was exhibited, since it was considered more appropriate to address the zoning of the wider area of vegetation in this location in the future. That is, zoning the subject portion of land to E3 Environmental Management zone would have been based on a contour (consistent with the MUSS 2010 Farley URA boundary), rather than the wider extent of the subject vegetation. As such, the subject portion of land has been retained as RU2 Rural Landscape zone under the Maitland LEP 2011.

It should be noted that the NSW Department of Planning & Infrastructure was consulted prior to exhibition to confirm that Council could exclude the subject portion of land in the southern area of the site from the planning proposal that was to be exhibited. Attachment 5 illustrates the changes between the planning proposal that was supported by Council at its 27 September 2011 meeting, and the planning proposal that was exhibited.

No variations are proposed to be made to the subject planning proposal as a result of the submissions received. Some of the issues raised in the submissions can be addressed at the precinct planning and/or development assessment stages in the future. These issues have been identified in the summary of (and response to) the submissions, which is included under Attachment 4.

Subsequent Gateway Planning Steps If Council resolves to forward the planning proposal to the Minister requesting that the plan be made, the next step is for the Director-General of the Department of Planning to make arrangements for the drafting of the LEP. The Gateway determination identifies the timeframe for completing the LEP is 12 months from the week following the date of the Gateway determination. The Gateway determination was issued on the 23 November 2011. The Minister can take action under section

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REZONING OF THE FARLEY URBAN RELEASE AREA (Cont.) 54(2)(d) of the Environmental Planning and Assessment Act, 1979 if the LEP is not made by this time.

As outlined under Section 56(2)(e) of the Environmental Planning and Assessment Act, 1979, the proposal does not trigger any requirements for a public hearing.

CONCLUSION The information included in the government agency and public submissions did not warrant any variations to the rezoning proposal. This is largely because the issues raised can be managed during the precinct planning and development assessment stages in the future. No government agencies formally objected to the proposal. The rezoning of the subject land will assist in meeting the Department of Planning’s targets for residential dwelling projections by 2031, as outlined under the LHRS 2006. The Farley URA is identified as a Category 1 investigation area under the MUSS 2010, therefore the proposal to rezone the site to urban purposes is consistent with Council’s adopted urban land use strategy. Environmental studies prepared for the rezoning demonstrate that the relevant portion of the site is suitable for rezoning to accommodate residential development in the future, subject to further detailed assessment as part of precinct planning and, ultimately, individual assessment of future development applications. Furthermore, the rezoning will provide formal protection for EECs that exist within the site, and as part of the longer term precinct planning for the site, will assist with improving linkages between remnant areas of vegetation.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.

POLICY IMPLICATIONS This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.

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REZONING OF THE FARLEY URBAN RELEASE AREA (Cont.)

Planning Proposal (under seperate cover on CD)

Planning, Environment and Lifestyle Reports

REZONING OF THE FARLEY URBAN RELEASE AREA

Planning Proposal (under seperate cover on CD)

Meeting Date: 14 August 2012

Attachment No: 1

Number of Pages:

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REZONING OF THE FARLEY URBAN RELEASE AREA (Cont.)

Submissions

Planning, Environment and Lifestyle Reports

REZONING OF THE FARLEY URBAN RELEASE AREA

Submissions

Meeting Date: 14 August 2012

Attachment No: 2

Number of Pages: 30

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Gateway Determination

Planning, Environment and Lifestyle Reports

REZONING OF THE FARLEY URBAN RELEASE AREA

Gateway Determination

Meeting Date: 14 August 2012

Attachment No: 3

Number of Pages: 4

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Response to Submissions

Planning, Environment and Lifestyle Reports

REZONING OF THE FARLEY URBAN RELEASE AREA

Response to Submissions

Meeting Date: 14 August 2012

Attachment No: 4

Number of Pages: 23

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Boundary Variation - MUSS 2010 Farley Investigation Area Boundary & Exhibition Planning Proposal Boundary

Planning, Environment and Lifestyle Reports

REZONING OF THE FARLEY URBAN RELEASE AREA

Boundary Variation - MUSS 2010 Farley Investigation Area Boundary & Exhibition Planning Proposal Boundary

Meeting Date: 14 August 2012

Attachment No: 5

Number of Pages: 1

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10.7 Alcohol Policy Sportsgrounds Facilities and Reserves 10.7 ALCOHOL POLICY SPORTSGROUNDS FACILITIES AND RESERVES

File No: 129/1 Attachments: 1. Letter form Maitand Pickers 2. Amended Policy Responsible Officer: Bernie Mortomore - Executive Manager Planning, Environment and Lifestyle Author: Lynn Morton - Manager Community and Recreation Services Maitland 2021 Outcome 2: Community and recreation services and facilities Council Objective: 2.1.1 To provide a broad range of active and passive recreation services and community facilities that meet the needs of the growing community

EXECUTIVE SUMMARY

The purpose of this report is to recommend the adoption of Council’s Alcohol Policy - Sportsgrounds, Facilities and Reserves.

OFFICER’S RECOMMENDATION

THAT

1. The Alcohol Policy Sportsgrounds, Facilities and Reserves be adopted. 2. The Maitland Pickers Rugby League Football Club Inc. be thanked for their submission and advised of Council’s decision.

REPORT Council at its meeting 26 June 2012 considered a report on a Draft Alcohol Policy – Sportsgrounds Facilities and Reserves and resolved that the Draft Policy be exhibited for 28 days allowing opportunity for members of the public to review the Draft Policy document and provide feedback.

The Alcohol Policy aims to provide sporting bodies with a set of established standards relating to the sale, consumption and storage of alcohol at each venue. The Policy outlines times at which alcohol can be sold including a specific timeframe between junior matches concluding and senior matches commencing before alcohol can be sold. It also outlines the implications of failing to comply with the Policy.

Following Council’s resolution the Draft Policy was placed on public exhibition for a period of 28 days closing on Wednesday 25 July 2012. A copy of the draft Policy was also circulated to Council’s Recreation Advisory Boards and user groups.

In response to the exhibition period one (1) submission was received from the Maitland Pickers Rugby League Football Club Inc. (The Club). A copy of the submission appears as Attachment 1.

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ALCOHOL POLICY SPORTSGROUNDS FACILITIES AND RESERVES (Cont.) In summary, The Club wish to seek an amendment to:

 The times when the sale of liquor will supported during week days Monday-Thursday.

Comment: The current Draft Policy proposes: “Applications for the sale of liquor will only be supported when there are organised club activities. Times when applications will be supported are between  Monday- Thursday: 7.00pm – 9.30pm  Friday: 6.00pm – 10.00pm  Saturday: 12 midday – 10.00pm  Sunday: 12 midday – 9.00pm Licences will not always be approved for the entirety of these hours. Clubs may apply outside of these hours and will be assessed on a case by case basis”.

The Club wish to move forward the designated time for the sale of alcohol during weekdays (Mon – Thursday) from 7.00pm to 6.00pm citing that with possible improved floodlighting for night football and the need to carry over games from washed out weekends that the 6.00pm start would be preferable. In proposing the earlier start the Club acknowledge that the provisions in place preventing the sale of alcohol during or immediately after a junior’s game would remain in force.

In considering this request and given that during this winter the Clubs have had to arrange for ‘catch up’ games to be played due to the weekend fixture being washed out a review of evening starting times for ‘carry over games’ was carried out. The findings support the request, a number of the ‘carry over games’ have been booked to commence at 6.00pm.

Hence the request to move forward the time for the sale of alcohol Monday- Thursday from 7.00pm to 6.00pm is supported and the Policy document has been amended accordingly. The provisions outlined in the policy preventing the sale or consumption of alcohol 30mins immediately after a junior game remained unchanged.

 Designation of ‘wet areas’ specific to the Maitland Sportsground No.1.

Comment: This second comment does not impact on the Policy position. The current draft Policy acknowledges that there are a number of varying layouts of sporting facilities across the City and states that the specific location of wet areas at each facility will be determined by Council Officers in consultation with NSW Police and the applicant sporting body. Hence the matter raised by the Club will be addressed on an individual Club basis.

CONCLUSION The Alcohol Policy - Sportsgrounds, Facilities and Reserves will provide a framework to regulate the sale, storage and consumption of alcohol at all sporting facilities in Maitland. The Policy will also provide a consistent approach for the assessment of liquor licensing requirements and is recommended to Council for adoption.

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ALCOHOL POLICY SPORTSGROUNDS FACILITIES AND RESERVES (Cont.)

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.

POLICY IMPLICATIONS This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.

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ALCOHOL POLICY SPORTSGROUNDS FACILITIES AND RESERVES (Cont.)

Letter form Maitand Pickers

Planning, Environment and Lifestyle Reports

ALCOHOL POLICY SPORTSGROUNDS FACILITIES AND RESERVES

Letter form Maitand Pickers

Meeting Date: 14 August 2012

Attachment No: 1

Number of Pages: 1

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ALCOHOL POLICY SPORTSGROUNDS FACILITIES AND RESERVES (Cont.)

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ALCOHOL POLICY SPORTSGROUNDS FACILITIES AND RESERVES (Cont.)

Amended Policy

Planning, Environment and Lifestyle Reports

ALCOHOL POLICY SPORTSGROUNDS FACILITIES AND RESERVES

Amended Policy

Meeting Date: 14 August 2012

Attachment No: 2

Number of Pages: 7

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ALCOHOL POLICY SPORTSGROUNDS FACILITIES AND RESERVES (Cont.)

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10.8 Hunter Valley Steamfest 10.8 HUNTER VALLEY STEAMFEST

File No: 35/21/1 Attachments: Nil Responsible Officer: Bernie Mortomore - Executive Manager Planning, Environment and Lifestyle Author: Rachel MacLucas - Manager Marketing and Communications Maitland 2021 Outcome 3: Iconic events and local festivals Council Objective: 3.1.1 To create an economic, social and cultural benefit to the community through the presentation of a series of sustainable flagship events

EXECUTIVE SUMMARY

The purpose of this report is to provide Council with the outcome of Hunter Valley Steamfest 2012 and to identify works required to complete the Steamfest Rally Ground to establish it is a usable event and exhibition space for activities on a year- round basis.

OFFICER’S RECOMMENDATION

THAT

1. The report be received and noted. 2. Council recognise the contribution of the many volunteers, staff and their partners as integral to the success of Hunter Valley Steamfest. 3. A further report containing detailed costing for the infrastructure works required to finalise the Steamfest Rally Ground as a year round facility for exhibitions and events be prepared for Council’s consideration.

REPORT The 27th annual Maitland Toyota Hunter Valley Steamfest (Steamfest) was held in Maitland from 28 – 29 April 2012. The event centred around the Maitland Railway Station, Church Street, Maitland Park and the Steamfest Rally Ground. A range of sites around the City also hosted activities including St Mary’s Church, Grossman and Brough Houses and Richmond Vale Railway and Mining Museum.

The weekend featured activities including steam and vintage diesel train excursions, traction and portable engine displays, Powerhouse Museum exhibition, market stalls, entertainment, amusements, Show ‘n’ Shine in Maitland Park, miniature and trackless train rides as well as helicopter rides.

2012 was the first year of the three year naming rights sponsorship arrangement with Maitland Toyota. Their support, along with other key sponsors went a long way towards enabling an expansion of the marketing and activities at this year’s event.

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HUNTER VALLEY STEAMFEST (Cont.) Attendance for the weekend was looking particularly strong with the Saturday crowd resembling regular Sunday numbers and Sunday being even stronger until a downpour hit around 12.30pm effectively washing out the remainder of the event.

Eighty two members of the community offered their time and service as members of the “Steam Team” and were essential to the successful operation of the Festival. These volunteers along with staff banded together as a united team working long hours to create a fun, friendly and enjoyable weekend. In recognition of their efforts a Steamfest Thankyou Function was held at the Steamfest Shed, where dinner and drinks were served and Steamfest experiences shared.

In addition to these volunteers there are a number of organisations that were particularly helpful in planning and delivering the 2012 program. These include: Steamfest Planning Group, Steamfest Working Group, Maitland Steam and Antique Machinery Association, RailCorp, Australian Rail Track Corporation (ARTC), Maitland & District Historical Society, Royal Newcastle Aero Club, Maitland Street Rodders, Paterson Rail Motor Society, Heritage Express and the Powerhouse Museum.

Particular areas of note relating to the 2012 event include:

Rail Services

In 2012 there were three providers of rail services at Steamfest: Heritage Express (NSW Rail Transport Museum), the Rail Motor Society from Paterson and CityRail. These operators supplied a variety of locomotives including: steamers 3526, 3642 the Powerhouse Museum owned 3265, the recently restored 620 vintage diesel and the CityRail Hunter cars.

Twenty eight excursions were offered visiting Newcastle (including for the first time stops at Civic Station), Broadmeadow, Dungog, Stroud Road, Paterson and Branxton.

One of the most exciting initiatives to be introduced for a number of years was cab rides on four of the steam excursions. These rides offered customers the unique opportunity to ride up front in a steam train on a main line in NSW. Pre-planning was thorough with comprehensive risk assessment and induction processes established and approval secured from ITSR (Independent Transport Safety Regulator). Three of these rides were auctioned through eBay and sold for between $610 and $1136. The fourth excursion was used as a prize for an early bird competition, which encouraged patrons to pre-purchase train tickets before the event. The cab rides were extremely successful and will now become a fixture on the annual program.

The Great Train Race was once again extremely popular. Mayor Cr Peter Blackmore and the Hon. Robyn Parker MP, Minister for the Environment, Minister for Heritage participated, travelling onboard the 3265, which ran parallel to the 3526. Both locomotives raced against a historic Tiger Moth bi-plane on the Sunday morning of Steamfest. In 2012 the Tiger Moth proved the victor and a presentation of the trophy, was made on the Steamfest Stage in the Maitland Railway Station forecourt.

The following table shows the availability of seats, seats taken and overall occupancy rate for steam trains in 2010, 2011 and 2012.

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HUNTER VALLEY STEAMFEST (Cont.)

Year Seats Available Seats Taken Occupancy

2010 6,179 4,792 84.2%

2011 5,760 4,086 71%

2012 5,762 4,167 72%

The Rail Motor Society sales for vintage diesel excursions totalled 511 seats, which represented a 37% occupancy rate.

The rate of occupancy in 2012 was particularly pleasing given that the event was largely washed out following a downpour around 12.30pm on Sunday.

Rally Ground

2012 saw the full utilisation of the Steamfest Rally Ground with exhibits on display through all four sections of the grounds and the ‘Steamfest Shed’ open to visitors. A steam bus and the trackless train were available on a donation basis for those visitors who did not want to walk the length of the grounds. The steam bus in particular was a new attraction and proved extremely popular.

The Rally Ground featured traction and portable engines, vintage farm machinery, tractors and trucks, working horse displays, a viewing platform and kids adventureland. This program developed and managed by the Maitland Steam and Antique Machinery Association, proved to be highly successful with the Association members working tirelessly in the lead up to and on the weekend to ensure an exceptional program was delivered. The Association should be congratulated for their efforts. It is estimated that over 18,200 people passed through the Rally Ground throughout the weekend.

2012 saw continued participation from the Powerhouse Museum with their marquee including model displays, speakers program, presentations from Cogs, the Museum’s problem solving robot and Trainspotting photographic competition winning entries. The Museum recorded a total of 9,145 visitors for the weekend – the highest numbers they have experienced in over ten years at Steamfest.

Throughout the year the Powerhouse Museum hosted a number of the Planning Group meetings and were active participants in the strategic direction for 2012 and as such they should also be congratulated on their efforts and their ongoing support for Steamfest.

Schools Program

For the first time ever, a schools program was developed in conjunction with the Powerhouse Museum, Maitland Steam and Antique Machinery Association and RailCorp. The program was developed as a pilot and targeted primary schools in the Maitland Local Government Area. The program included a short ride on a CityRail train to Telarah, presentation and workbook by the Powerhouse Museum and talks by various steam owners and operators. Over 250 children participated from Maitland, Iona and Mount Kanwary Public Schools, Maitland Home Schooling and St

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HUNTER VALLEY STEAMFEST (Cont.) John the Baptist Primary School. Feedback from the schools was very positive and it is intended that this program will be further developed and expanded for 2013.

Green Steam

In a continuing effort to reduce the carbon footprint of Steamfest, management will work with Council’s environment section over the coming weeks to finalise the 2012 initiative to offset emissions from the rail component of the event.

When purchasing tickets customers were provided with the option of paying an additional $2.00 per ticket to offset their excursion. In total 335 seats or 11.3% of pre-sold tickets were Green Steam.

Visitation

In 2012 Steamfest attracted around 65,000 visitors to the City. These visitors were primarily sourced from the Hunter Region, regional New South Wales (north and northwest) and Sydney. The primary demographic was families with a secondary audience of seniors.

Steamfest has traditionally had a visitation pattern of around two thirds repeat to one third new visitors. In 2012 this pattern remained true with repeat visitation remaining strong. Such visitation outlines the necessity for the event to continue to develop and diversify, ensuring it retains the interest and buy-in of its many previous visitors.

Income and Expenditure

Final figures for income and expenditure are still being reconciled however it would appear that despite inclement weather Steamfest returned a small profit in 2012, largely as a result of the increase in sponsorship and grant income for the event. It is considered reasonable to roll any surplus into this years Steamfest budget given the origin of the funding however this will be determined by Council when revotes are being considered.

A successful application for Destination NSW Demand Building funding resulted in the event securing a grant of $26,631 plus gst, which was used on additional marketing initiatives for 2012.

Marketing Profile

Maitland events are recognised as newsworthy and as such through its events Maitland tends to gain tourism and marketing profile that it would be unlikely to generate through general tourism alone. Steamfest achieved the following media coverage for the City, particularly in the Hunter Region and regional NSW markets.

Paid marketing activities included advertising:

Print media –

 The Newcastle Herald  The Newcastle Herald – Weekender  Northern Daily Leader

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HUNTER VALLEY STEAMFEST (Cont.) Collateral -

 B1 posters through the RailCorp network (Countrylink and CityRail statewide)

Electronic media –

 15 and 30 second advertisements on NBN and Prime (Hunter, Central Coast, Mid North Coast and Tamworth windows)  15 and 30 second advertisements on KOFM and NXFM

Paid marketing activities amounted to $54,353 excluding gst and included advertising, printing and merchandise costs.

Unpaid media coverage achieved for Steamfest included:

 The Hunter Post  Newcastle and Lake Macquarie Post  Lower Hunter Star  The Maitland Mercury  The Newcastle Herald  Dungog Chronicle  The Newcastle Herald – Weekender  Daily Telegraph  Sydney Morning Herald  Railway Digest  NSW RailCorp Employees newsletter (circulated to 12,000 staff)  RailCorp, RTM websites  Display posters on all railway stations on the CityRail and Countrylink network statewide  Two outdoor billboards – 1 x Hunter Street, 1 x approaching Hamilton Station, Maitland Road courtesy of RailCorp  Powerhouse Museum members magazine  NBN News syndicated across NSW  Radio stations KOFM and ABC Newcastle, 2NUR and 2HD

A special Steamfest wrap was also produced and circulated in the Maitland Mercury.

Web presence and social media –

The Steamfest website www.steamfest.com.au recorded a 24.7% increase in unique visits peaking at 13,844 unique visits in April 2012.

Steamfest also has a presence on YouTube, eBay, Facebook (369 followers) and online rail and steam forums. Other forms of social media will be explored for future events.

The advertising space rate if Council were to have purchased this free coverage was $44,874.

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HUNTER VALLEY STEAMFEST (Cont.) This editorial coverage is extremely valuable as it has a different and arguably much stronger impact on potential audiences as it is from an independent source.

Steamfest Rally Ground – future works

The establishment of the Steamfest Rally Ground has improved the appearance of one of the key entrances to the City and created an open space that has the potential to be used for a wide range of displays, exhibitions, events and activities throughout the year. Particularly challenges with the nature of the site meant that the associated costs of development, especially in relation to the shed, were higher than originally anticipated. As a result a number of features identified in the original design and which were planned for the broader grounds were eliminated and are now affecting the viability of other groups utilising this site.

This report recommends that a detailed costing to create a fully functional space and a plan of management for the site be prepared and that this includes a maintenance schedule, operational and booking framework and management structure.

The site can be divided into six areas:  Area 1 (large section closest to Church Street)  Area 2 (section immediately over the creek)  Area 3 (small triangle near the highway)  Area 4 (large section in front of shed)  Area 5 (the shed)  Area A (immediately to the north of the driveway beside the entry ramp)

Recommended works to finalise the grounds include:

 Provision of power throughout the grounds with access points in each area including both 3 phase and 15 amp outlets.  Provision of a water access point in the middle of Area 4.  Running of cabling throughout the site to allow the installation of a public address system.  Flood lighting in Areas 1, 2 and 4 to allow for evening activities (refer attached plan).  Sealing of hard stand pad in Area 1 with hot mix or similar.  Construction and sealing of pads in Areas 2 and 4.  Replacement of existing signage in Area 1 and installation of informational signage at the beginning of Areas 2, 3 and 4.

A further report will be prepared for Council’s consideration when details have been determined.

CONCLUSION Despite inclement weather on Sunday afternoon Steamfest 2012 was a success for both visitors and exhibitors. The event generated positive media coverage for the City and attracted many new visitors who may not normally make Maitland their destination of choice.

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HUNTER VALLEY STEAMFEST (Cont.) Planning will now commence for the 28th Maitland Toyota Hunter Valley Steamfest to be held in Maitland from 13 – 14 April 2013. The key challenge for the longevity of Steamfest will be balancing the costs of presenting the festival with ensuring its ongoing relevance for consumers.

Tourism events continue to play an important role in the marketing and visitation to the City of Maitland and as such need continuous development and investment.

Steamfest was once again a great celebration with strong visitation, extensive and widespread community support and a diverse and interesting program of activities. The media coverage showcased Maitland as a premier events venue, and the economic boost, estimated to be over $1.5 million, shows the value these celebrations can bring to our City.

Council now has the opportunity to capitalise on the investment made in the Steamfest Rally Ground by securing detailed costing to finalise its development in accordance with the original plan. This will provide the city with a new event, display and exhibition space that can be used by groups for their activities throughout twelve months of the year.

FINANCIAL IMPLICATIONS There are no financial implications at this stage..

POLICY IMPLICATIONS This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.

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10.9 Ashtonfield Public School - Petition from Local Residents 10.9 ASHTONFIELD PUBLIC SCHOOL - PETITION FROM LOCAL RESIDENTS

File No: P46066 Attachments: 1. Petition Responsible Officer: Bernie Mortomore - Executive Manager Planning, Environment and Lifestyle David Simm - Manager Development & Environment Author: Stephen Punch - Principal Planner Maitland 2021 Outcome 6: Built heritage and sustainable development Council Objective: 6.1.1 To encourage orderly, feasible and equitable development whilst safeguarding the community’s interests, environmentally sensitive areas and residential amenity.

EXECUTIVE SUMMARY

Council, on 4 June 2012, received a petition from local residents of Adele Crescent, Ashtonfield expressing concern over a range of matters relating to the Ashtonfield Public School. The issues focus on the use of a pedestrian access gate from the school onto Adele Crescent and the resulting traffic congestion and safety issues arising from the use of the street by parents as a drop-off and pick-up point for students.

The petitioners suggest that the Ashtonfield Public School is operating outside the terms of its development consent in relation to the use of the Adele Crescent access gate. However, for the reasons addressed in the report, the use of the access gate is not prohibited under the development consent.

Ashtonfield Public School has increased its students enrolments beyond the number contemplated in the original development consent and has been able to accommodate these additional students in both temporary and permanent classrooms permitted under SEPP Infrastructure 2007 which does not require the consent of the Council to be obtained.

While Council acknowledges that there is a congestion issue in Adele Crescent, this congestion is confined to a morning and afternoon peak each with a duration of around 20 minutes. The situation in Adele Crescent is not dissimilar to other schools in urban areas which cause some level of congestion of surrounding streets at school start and finish times. The closure of the Adele Crescent access gate is not considered to be a viable option in that it would displace this traffic to other parts of the local network eg Norfolk Street and South Seas Drive that are also experiencing congestion.

Council Rangers will continue to patrol the Ashtonfield Public School precinct as part of their normal policing program and issue warnings/infringement notices where appropriate.

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ASHTONFIELD PUBLIC SCHOOL - PETITION FROM LOCAL RESIDENTS (Cont.) The most appropriate course of action is to request that the Ashtonfield Public School undertake a program of notifying those parents which use the Adele Crescent gate as a drop-off/pick-up point to behave responsibly when using the street to ensure that the safety and convenience of road users and residents is maintained.

OFFICER’S RECOMMENDATION

THAT

1. Council request that the school undertake a process of notifying the parents who use Adele Crescent, Ashtonfield for student drop-off and pick-up of the need to do so responsibly and to not obstruct the road (eg double parking) or private driveways. This notification should be in the form of a handout to all parents and should also be incorporated into the School Handbook.

REPORT Council, on 4 June 2012, received a petition from local residents of Adele Crescent, Ashtonfield expressing concern over a range of matters relating to the Ashtonfield Public School. The issues raised in the petition are as follows:

 Expansion of the school beyond the anticipated 420 students contemplated under the original development application;

 Concern that the school has not properly implemented a ‘traffic procedure management plan’ as required under the development consent for the school;

 The use of Adele Crescent by parents as a drop-off and pick-up area for students and the traffic congestion, safety and amenity impacts associated with vehicles using this street.

The petition is provided as Attachment 1 to this report.

This report provides a background to the development and operation of the school and comments on the issues raised in the petition.

A locality plan is provided below.

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ASHTONFIELD PUBLIC SCHOOL - PETITION FROM LOCAL RESIDENTS (Cont.)

Figure 1 Locality Plan

BACKGROUND The site on which the Ashtonfield Public School is now located has been owned since the mid 1980’s by the NSW Department of Education/Department of Commerce for the purposes of a school. The lead time for the planning and construction of the school however was significant and the development of the

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ASHTONFIELD PUBLIC SCHOOL - PETITION FROM LOCAL RESIDENTS (Cont.) residential suburb of Ashtonfield effectively occurred around the perimeter of the school land over this period.

A development application was lodged with Council in 2004 (Development Application No. 04-005) proposing the development of the vacant school land for the purposes of an educational establishment with a capacity of 420 students. The application was approved by the elected Council on 28 February 2006. Given that the application was lodged by a state government agency (in this case the Department of Commerce on behalf of the NSW Department of Education), the Environmental Planning and Assessment Act required that conditions could only be placed on the development consent where such conditions were agreed to by the relevant Minister. Agreement to the consent conditions was notified to the Council by the Department of Education on 22 February 2006.

During the exhibition of the development application a total of 23 submissions were received. A significant number of these submissions related to traffic matters including:

 Inadequacy of the capacity of the proposed school car park  Impact of bus stops on traffic flow and safety in Norfolk Street  Lack of pedestrian crossing  Drop-off and pick-up facilities needing to be accommodated on the school property  Lack of adequate public footpaths  Poor road surface conditions on the roads around the school site  Use of the pedestrian access to Adele Crescent

Following the public exhibition period there was negotiation with the applicant concerning the issues raised by the community and significant ground was made in a number of areas:

 The school car park was increased in size/capacity  An indented dedicated bus lay-by was created on Norfolk Street to reduce congestion and improve traffic flow and safety conditions  A children’s crossing was provided in Norfolk Street  A pedestrian refuge (median protected) was provided adjacent to the Norfolk Street/South Seas Drive intersection  New footpaths were provided in Norfolk Street to provide improved pedestrian travel paths and connectivity to surrounding residential areas

The development application plans did show an internal footpath connecting the principal school facilities to the schools secondary site frontage with Adele Crescent. The applicant wished to maintain this pathway connection as a secondary access point acknowledging that the majority of the student drop-off/pick-up would be focussed on Norfolk Street. The Department of Education did however agree to the inclusion of Condition 80 of the development consent which states:

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ASHTONFIELD PUBLIC SCHOOL - PETITION FROM LOCAL RESIDENTS (Cont.) Prior to occupation of the proposed development, a Traffic Procedure Management Plan shall be prepared for the establishment, advising:

a) Of the required drop-off/pick-up arrangements

b) That drop-off/pick-up in Adele Crescent is discouraged, being contrary to Council’s planning principles for the amenity of the surrounding neighbourhood.

c) Of any other appropriate safety measures for vehicular and pedestrian and traffic control.

The procedure shall be distributed to users of the establishment at the commencement of each school year.

The Ashtonfield Public School has developed its site specific ‘School Handbook’ which, amongst a range of other matters, addresses the issue of traffic management and safety for students across various modes of transport including bus, bike and family passenger car. The handbook states the following in relation to the use of the Adele Crescent access:

PARENT PARKING & STUDENT SAFETY

The school must operate strictly within the guidelines of the DA agreement signed with council at the time of planning the school.

This means that:

 dropping off and picking up students in Adele Crescent is discouraged (students this close to the school are encouraged to walk);

COMMENT Enrolments at Ashtonfield Public School are currently around 580 students. This is larger than the 420 students contemplated in 2004 when the development application for the school was originally lodged with the Council. The increase in student numbers has largely been accommodated in additional classrooms (either temporary demountable classrooms or permanent classrooms) which have been established on the site under the provisions of State Environmental Planning Policy (Infrastructure) 2007. Under this SEPP certain types of school facilities eg additional classrooms, are permitted without the need for development consent from the Council where they meet certain criteria. In this regard, Council cannot enforce additional traffic requirements on the school as a result of development that has been undertaken on the site in accordance with SEPP Infrastructure 2007.

This increase in student numbers will directly influence traffic levels around the school site as additional family vehicle trips, buses etc will be required to transport students to and from the school. While traffic usage of Adele Crescent associated with the drop-off and collection of students may be higher than what might have been anticipated in 2006 when the DA was approved, it should be noted that the development consent for the Ashtonfield Public School does not deny the use of Adele Crescent in the terms of a strict prohibition. Rather, the consent requires the school to ‘discourage’ the use of this access point through its Traffic Procedure Management Plan.

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ASHTONFIELD PUBLIC SCHOOL - PETITION FROM LOCAL RESIDENTS (Cont.) The school has a traffic procedure management plan detailing line marking and sign posting to control school pedestrian/vehicle traffic that was prepared to comply with the Traffic and Parking Impact Assessment undertaken by McLaren Traffic Engineering in 2003 submitted with the development application. It should be acknowledged that these plans facilitate the majority of pick-up/drop-off movements from Norfolk Street (the main access to the school), however this plan and the approved development application plans still enable ‘pedestrian access’ to Adele Crescent. The school handbook (that can be downloaded from http://www.ashtonfield-p.schools.nsw.edu.au/Handbook.htm), includes information distributed to parents on an annual basis stating that ‘the school must operate strictly within the guidelines of the DA agreement signed with council at the time of planning the school’ and that ‘dropping off and picking up students in Adele Crescent is discouraged’.

The matters raised in the petition have previously been investigated by Council officers in early 2011, including Council’s Development Compliance Officer and Road Safety & Traffic Management Department.

Council’s Road Safety Officer visits the school regularly to ensure that they are provided with up-to-date information relating to safety measures and the management of pedestrians/vehicles surrounding the school. The Traffic Safety Officer undertakes inspections of all schools in the Maitland Local Government Area and has advised that the traffic situation at Ashtonfield Public School is not dissimilar to other schools in the area.

Council Planning Officers visited the site again on 14 May 2012 at the end of the school day to inspect the traffic issues. It is acknowledged that for a period of 15 to 20 minutes, Adele Crescent experiences increased traffic volumes and some level of congestion from parents picking up students. It was noted that a teacher was also standing at the gate during this time to monitor the children’s safe exit from the school. A small number of parents vehicles were observed to be partially blocking private driveways during this time.

Notwithstanding that some parents are parking illegally when dropping off or collecting students, it is considered that the school is not operating in contravention of the conditions of the approved development application. Council is not positioned to require that the school further restrict pedestrian access to/from Adele Crescent – the school has a legal frontage to this street and the current development consent does not give the Council this authority. Council rangers regularly patrol the areas surrounding schools during drop-off/pick-up times and issue fines where appropriate. Council rangers will continue to do regular patrols of the Ashtonfield Public School precinct as part of this monitoring program.

Further to this, Council’s Traffic Management and Safety department has advised that closing the gate on Adele Crescent would force additional pedestrian and vehicular traffic onto Norfolk Street and South Seas Drive and other local streets, compounding the issues experienced in the area. Given Norfolk Street is used by vehicles, pedestrians and buses and is already experiencing levels of congestion well in excess of those experienced in Adele Crescent, it is not considered to be in the best interest of the safety of the students and community to close the Adele Crescent pedestrian access.

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ASHTONFIELD PUBLIC SCHOOL - PETITION FROM LOCAL RESIDENTS (Cont.) Council’s observation is that the congestion experienced in Adele Crescent is similar to congestion levels occurring in many local streets surrounding schools in the Maitland area and occurs for a relatively short 15-20 minute duration during weekday morning and afternoon student drop-off and pick-up peak periods. Residential areas are an appropriate location for schools and while the congestion may cause temporary inconvenience for local residents, this is considered an acceptable consequence of co-locating schools within residential communities.

CONCLUSION The school is not operating in contravention of the conditions of the approved development application. While the Council cannot impose any additional requirements on the use of the pedestrian access to Adele Crescent, it can request that the school undertake a process of notifying the parents who use the street for drop-off and pick-up of the need to do so responsibly and to not obstruct the road (eg double parking) or private driveways.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.

POLICY IMPLICATIONS This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.

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ASHTONFIELD PUBLIC SCHOOL - PETITION FROM LOCAL RESIDENTS (Cont.)

Petition

Planning, Environment and Lifestyle Reports

ASHTONFIELD PUBLIC SCHOOL - PETITION FROM LOCAL RESIDENTS

Petition

Meeting Date: 14 August 2012

Attachment No: 1

Number of Pages: 27

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ASHTONFIELD PUBLIC SCHOOL - PETITION FROM LOCAL RESIDENTS (Cont.)

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ASHTONFIELD PUBLIC SCHOOL - PETITION FROM LOCAL RESIDENTS (Cont.)

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ASHTONFIELD PUBLIC SCHOOL - PETITION FROM LOCAL RESIDENTS (Cont.)

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ASHTONFIELD PUBLIC SCHOOL - PETITION FROM LOCAL RESIDENTS (Cont.)

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ASHTONFIELD PUBLIC SCHOOL - PETITION FROM LOCAL RESIDENTS (Cont.)

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ASHTONFIELD PUBLIC SCHOOL - PETITION FROM LOCAL RESIDENTS (Cont.)

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ASHTONFIELD PUBLIC SCHOOL - PETITION FROM LOCAL RESIDENTS (Cont.)

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ASHTONFIELD PUBLIC SCHOOL - PETITION FROM LOCAL RESIDENTS (Cont.)

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ASHTONFIELD PUBLIC SCHOOL - PETITION FROM LOCAL RESIDENTS (Cont.)

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ASHTONFIELD PUBLIC SCHOOL - PETITION FROM LOCAL RESIDENTS (Cont.)

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ASHTONFIELD PUBLIC SCHOOL - PETITION FROM LOCAL RESIDENTS (Cont.)

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ASHTONFIELD PUBLIC SCHOOL - PETITION FROM LOCAL RESIDENTS (Cont.)

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ASHTONFIELD PUBLIC SCHOOL - PETITION FROM LOCAL RESIDENTS (Cont.)

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ASHTONFIELD PUBLIC SCHOOL - PETITION FROM LOCAL RESIDENTS (Cont.)

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ASHTONFIELD PUBLIC SCHOOL - PETITION FROM LOCAL RESIDENTS (Cont.)

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ASHTONFIELD PUBLIC SCHOOL - PETITION FROM LOCAL RESIDENTS (Cont.)

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Appearance and Infrastructure Reports 11 APPEARANCE AND INFRASTRUCTURE REPORTS

11.1 Pavement Repair Investigation - Denton Park Drive, Aberglasslyn 11.1 PAVEMENT REPAIR INVESTIGATION - DENTON PARK DRIVE, ABERGLASSLYN

File No: 222/988 Attachments: Nil Responsible Officer: Chris James - Executive Manager Appearance and Infrastructure Chris McGrath - Manager Infrastructure Strategy & Works Programming Author: Elizabeth Jardine - Asset and Environmental Engineer Maitland 2021 Outcome 4: Well-planned and integrated infrastructure Council Objective: 4.2.2 To ensure that public utility infrastructure is delivered to meet essential needs

EXECUTIVE SUMMARY

At the Council Meeting of 12 June 2012, Clr Wethered moved the following Notice of Motion:

“THAT Council staff investigate and report to Council options available including appropriate costs that would assist in making approximately 250 metres of half width road construction on Denton Park Drive, Aberglasslyn safer for motorists and footpath users opposite Lot 144, DP 1064493”.

Denton Park Drive, Aberglasslyn is a two (2) lane road completed to standard, with a 225m length of road which is half width. The land adjacent to this section of road is zoned for residential use, however there has never been an application made to Council to subdivide it, meaning that the timing and type of development is uncertain.

Three (3) options have been investigated: 1. Continue routine road maintenance; 2. Rehabilitate the existing damaged pavement; and

3. Road widening, pavement reconstruction including kerb and gutter.

Council has a significant number of road construction projects competing for a limited amount of funding. At this time, given the nature of the location and the site conditions, it is considered that Option 2 provides the best cost benefit outcome. Funding is available and the work can be completed this financial year.

OFFICER’S RECOMMENDATION

THAT Council adopt Option 2 - Rehabilitate the existing damaged pavement only, apply new line-marking, add raised pavement marking and renew signs as detailed in the report.

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PAVEMENT REPAIR INVESTIGATION - DENTON PARK DRIVE, ABERGLASSLYN (Cont.) REPORT Denton Park Drive, Aberglasslyn is a two (2) lane road completed to standard, with a 225m length of road which is half width. The land adjacent to this section of road is zoned for residential use, however there has never been an application made to Council to subdivide it.

The early planning for this land assumed that Denton Park Drive would be widened in parallel with the development to date. If Council were to receive an application for residential subdivision of this adjacent land, it is probable that it would be conditioned to require the remaining half width of Denton Park Drive to be constructed consistent with the existing road segments at either end. However, there is no guarantee that Council will receive an application in the near future.

Council has three (3) options for this section of road as follows:

 Option 1: Undertake routine road maintenance with full road reconstruction including kerb and gutter to be considered as part of any future development of the adjacent site. This option can be funded from current routine maintenance allocations.

Given the condition of the existing pavement this option is short term only and Council will eventually be required to undertake a more substantial pavement repair.

 Option 2: Rehabilitate the existing damaged pavement only, apply new line-marking, add raised pavement marking and renew signs. It is estimated that this option will cost $20,000.

As in Option 1 full construction works would be considered as part of any future development assessment.

The current alignment of the road has not resulted in any reported accidents. Improving the existing road pavement and traffic markings will ensure this section of road will remain in a serviceable and safe condition. This option can be funded from current routine maintenance allocations.

 Option 3: Council construct and widen the road pavement including drainage, kerb and gutter and footpath. This would correct the road alignment and complete Denton Park Drive but at full cost to Council. The estimated cost of this work is $200,000.

This project is not listed in Council’s Capital Works Program and funding is not available to undertake the work. The work can be listed for consideration in a future works program with other road works recognising it may not be the highest priority.

For all options, routine road maintenance will continue as part of Council’s road program.

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PAVEMENT REPAIR INVESTIGATION - DENTON PARK DRIVE, ABERGLASSLYN (Cont.) CONCLUSION Council Asset Management Strategy encourages opportunities for external contributions to infrastructure and this section of road is a typical case where it applies. Council has a significant number of road construction projects competing for a limited amount of funding. At this time, given the nature of the location and the site conditions, it is considered that Option 2 provides the best cost benefit outcome. Funding is available and the work can be completed this financial year.

Council can consider the section for reconstruction in a future Capital Works Program if the opportunity from development of the adjacent land is not forthcoming.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates. The project can be accommodated from within Council’s existing Roads Budget allocation.

POLICY IMPLICATIONS This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.

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11.2 GRAFFITI REMOVAL PROJECT - ROTARY CLUBS 11.2 GRAFFITI REMOVAL PROJECT - ROTARY CLUBS

File No: 142/3 Attachments: 1. Rotary Club Submission received 9 May 2012 2. Rotary Club Submission received 9 July 2012 Responsible Officer: Chris James - Executive Manager Appearance and Infrastructure Author: Chris James - Executive Manager Appearance and Infrastructure Maitland 2021 Outcome 1: Sense of place and pride Council Objective: 1.1.3 To improve the appearance and presentation of the City, fostering a sense of community pride

EXECUTIVE SUMMARY

This report presents for Council’s consideration, requests from the Rotary Clubs of Rutherford Telarah and Maitland Sunrise for assistance to establish Graffiti Removal Projects in the Maitland area. Both clubs are seeking a $5,000 contribution from Council towards the purchase of equipment.

OFFICER’S RECOMMENDATION

THAT

1. The General Manager be authorised to commence discussion with the Rotary Clubs of Rutherford Telarah and Maitland Sunrise regarding the provision of Council support for the establishment of a Graffiti Removal Project as detailed in this report. 2. Subject to the outcome of partnership discussions, Council provide up to $5,000 per club towards the Project. 3. Council support the clubs in seeking sponsorship to assist with the Project

REPORT In 2011, the NSW Government in conjunction with Rotary Clubs and Dulux Paints announced a plan to establish volunteer graffiti removal squads across the State. The NSW Government is encouraging Councils and businesses to form similar partnerships with Rotary to combat graffiti in their local area.

This report presents for Council’s consideration requests from the Rotary Clubs of Rutherford Telarah and Maitland Sunrise for assistance to establish Graffiti Removal Projects in the Maitland area. Both clubs are seeking a $5,000 contribution from Council towards the purchase of equipment.

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GRAFFITI REMOVAL PROJECT - ROTARY CLUBS (Cont.) Graffiti Removal Project

The concept of Rotary volunteer graffiti removal squads arose from an initiative of the Turramurra Rotary Club who formed a squad in 2008 with the support of Ku-ring- gai Council, Dulux and local business. The Project has been a success with more than 3,000 square metres of graffiti being removed by the squad in their area. The Club has since helped establish graffiti removal programs in nine (9) locations in Sydney and the Central Coast.

The objectives of the Rotary project are:

 Remove current graffiti

 Remove future graffiti

 Be seen as a proactive response in the community

 Help promote Rotary

The model used is:

 Council provides funding say $5000

 Rotary works with Council but not for them

 Rotary communicates to Council via a statistical report

 Dulux supplies paint free

 Other sponsors are engaged eg local hardware stores or business groups

Graffiti removal is carried out on any site including residential, Council and service utilities with the exception of:

 RTA property

 Organisations that undertake their own removal

 Unsafe situations

Rotary promotes the benefits of the Project as being a positive and prompt response from local citizens, reduced costs, greater access to private sites, increased awareness of the graffiti problem and the ability to involve community groups and individuals.

Council Involvement

The proposal for a partnership between the Clubs and Council has considerable merit and it is recommended that Council provides support to the Clubs. In the first instance, it is suggested that this support be in the form of a cash contribution towards the purchase of cleaning equipment, plant, tools and other products up to a value of say $5,000. Depending upon the success of the Project, consideration could be given to extending this contribution to subsequent years.

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GRAFFITI REMOVAL PROJECT - ROTARY CLUBS (Cont.) There are a number procedural details to be worked through before final approval can be given. These include insurances, responsibilities, scope of works and the like, however they are routine in nature and can be addressed via an agreement between the parties.

CONCLUSION Graffiti is a significant issue for the Council. The City’s image and visual appearance have been highlighted as significant community concerns. The Graffiti Project proposal provides Council and the community with an opportunity to address the problem of graffiti on a number of fronts. In particular, the approach of wider community ownership of the graffiti problem and the solution is a good outcome. This initiative of the Rotary Clubs to assist Council and the community in addressing graffiti is to be commended.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates. The funding of up to $10,000 can be met from the existing maintenance budget.

POLICY IMPLICATIONS This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.

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GRAFFITI REMOVAL PROJECT - ROTARY CLUBS (Cont.)

Rotary Club Submission received 9 May 2012

Appearance and Infrastructure Reports

GRAFFITI REMOVAL PROJECT - ROTARY CLUBS

Rotary Club Submission received 9 May 2012

Meeting Date: 14 August 2012

Attachment No: 1

Number of Pages: 1

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GRAFFITI REMOVAL PROJECT - ROTARY CLUBS (Cont.)

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GRAFFITI REMOVAL PROJECT - ROTARY CLUBS (Cont.)

Rotary Club Submission received 9 July 2012

Appearance and Infrastructure Reports

GRAFFITI REMOVAL PROJECT - ROTARY CLUBS

Rotary Club Submission received 9 July 2012

Meeting Date: 14 August 2012

Attachment No: 2

Number of Pages: 4

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GRAFFITI REMOVAL PROJECT - ROTARY CLUBS (Cont.)

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GRAFFITI REMOVAL PROJECT - ROTARY CLUBS (Cont.)

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GRAFFITI REMOVAL PROJECT - ROTARY CLUBS (Cont.)

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GRAFFITI REMOVAL PROJECT - ROTARY CLUBS (Cont.)

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11.3 Graffiti Removal Day 2012 11.3 GRAFFITI REMOVAL DAY 2012

File No: 142/3 Attachments: 1. Letter from Attorney General & Justice Responsible Officer: Chris James - Executive Manager Appearance and Infrastructure Author: Chris James - Executive Manager Appearance and Infrastructure Maitland 2021 Outcome 1: Sense of place and pride Council Objective: 1.1.3 To improve the appearance and presentation of the City, fostering a sense of community pride

EXECUTIVE SUMMARY

Council has received a request from the New South Wales Government to support and become involved in Graffiti Removal Day 2012 to be held on Sunday 23 September 2012. The project is being co-ordinated by Rotary Down Under Incorporated (Rotary). The purpose of the day is to provide the whole community with the opportunity to take part in cleaning up and removing graffiti vandalism in their local area.

OFFICER’S RECOMMENDATION

THAT Council support Graffiti Removal Day 2012 by assisting with the planning, promotion and management of the day as detailed in the report.

REPORT Council has received a request from the New South Wales Government to support and become involved in Graffiti Removal Day 2012. The purpose of the day is to provide the whole community with the opportunity to take part in cleaning up and removing graffiti vandalism in their local area.

Graffiti Removal Day is to be held on Sunday 23 September 2012 and is being co- ordinated by Rotary Down Under Incorporated (Rotary) in the 50 local government areas with the highest reported incidence of graffiti, with Maitland falling into this category. Rotary will facilitate the Day’s activities.

The public are encouraged to nominate clean-up sites through the Graffiti Removal Day website, with nominated sites being assessed by a trained representative from Rotary. This Rotary representative will determine if the sites are suitable and safe, following consultation with Council and the property owner. It is hoped that at least three (3) clean-up sites will be identified.

The Graffiti Removal Day website will also provide a registration form which is to be completed by people who wish to volunteer to participate in the day.

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GRAFFITI REMOVAL DAY 2012 (Cont.) Rotary will appoint: a Local Government Area co-ordinator for Maitland who will be responsible for the selection of sites, management of volunteers and promotion of the day; and, a supervisor for each of the identified clean-up sites who will be responsible for the training and safety of volunteers on the day.

Rotary will be promoting and encouraging participation in Graffiti Removal Day 2102 through a comprehensive marketing campaign utilising major and local media outlets together with online social media sites. Brochures, posters and large signs will be available to local clubs, council, businesses, community organisations and government agencies.

CONCLUSION Graffiti vandalism is a problem affecting a large number of local government areas across New South Wales. With the support of the New South Wales Government, “Graffiti Removal Day” provides an opportunity for the whole community to get involved in the removal and prevention of graffiti.

With Council’s support and assistance, the day will provide real and visible results to improve the appearance and presentation of Maitland to visitors and the community.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.

POLICY IMPLICATIONS This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.

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GRAFFITI REMOVAL DAY 2012 (Cont.)

Letter from Attorney General & Justice

Appearance and Infrastructure Reports

GRAFFITI REMOVAL DAY 2012

Letter from Attorney General & Justice

Meeting Date: 14 August 2012

Attachment No: 1

Number of Pages: 2

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GRAFFITI REMOVAL DAY 2012 (Cont.)

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GRAFFITI REMOVAL DAY 2012 (Cont.)

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11.4 RECREATIONAL VEHICLE WASTE DUMP POINT 11.4 RECREATIONAL VEHICLE WASTE DUMP POINT

File No: 139/6 Attachments: Nil Responsible Officer: Chris James - Executive Manager Appearance and Infrastructure Author: Kevin Stein - Manager Infrastructure Design Maitland 2021 Outcome 1: Sense of place and pride Council Objective: 1.1.1 To ensure new residents and visitors to the city feel welcomed through a range of Council initiatives

EXECUTIVE SUMMARY

A subsidised waste dump point for disposal of waste from motorhomes and caravans has been offered to Council. Investigation into location and cost to install and operate the facility are currently underway. The Visitor Information Centre has been identified as the preferred location. The report seeks Councils endorsement of the proposal.

OFFICER’S RECOMMENDATION

THAT

1. Council endorse the Visitors Information Centre as the site for the dump point;

2. Appropriate designs and costing estimates be prepared with the project to be listed for consideration in Council’s Capital Works Program.

REPORT

A subsidised waste dump point for disposal of waste from motorhomes and caravans has been offered to Council. The purpose of this report is to seek Councils endorsement of the proposal and a preferred location for the dump unit.

The Campervan & Motorhome Club of Australia has initiated a dump point subsidy scheme to encourage more self-contained tourism throughout Australia. The CMCA is a strong promoter of the environmental and economic benefits of self-contained tourism to rural and regional centres. The Club represents over 62,000 vehicle owners and is encouraging the expansion of RV tourist specific amenities.

The mobile traveller and RV tourist is an expanding sector of the tourism industry. The provision of a public facility in Maitland for the disposal of waste from motorhomes and caravans will be an incentive for more people to visit and stop in Maitland.

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RECREATIONAL VEHICLE WASTE DUMP POINT (Cont.) The subsidy consists of the provision of a Gough Plastics ‘Dump Ezy’ Dump Point unit, delivered to a nominated location. Installation and approval fees would be the responsibility of Council. One such unit has been offered to Council.

The dump point needs to be located where sewer services are available and on a site suitable for manoeuvring a large vehicle up to 19.5m in length.

Investigations of possible locations have been undertaken with the site most favoured being the western end of the Visitor Information Centre in High Street, Maitland.

This location is an obvious first stopping point for tourists and the presence of the dump point at this location would benefit those visitors who use a motorhome or caravan in their travels. The development of this site for a waste dump point will also provide the opportunity to improve parking and the general amenity of the area.

The site currently caters for large recreation vehicles and sewer services are available. Hunter Water Corporation has approved the connection of a motorhome waste water disposal point to the sewer at the western end of the site.

Council staff have prepared concept layouts which indicate there is sufficient area available to site a facility. Subject to Council endorsement, the process of preparing the design, cost estimates and seeking necessary approvals for the upgrade of the western end of the Visitor Information Centre to accommodate the waste dump point can commence. Once the final cost estimate is known it is recommended that the project be listed for consideration in Councils Capital Works Program.

FINANCIAL IMPLICATIONS

This matter has no direct financial impact upon Council's adopted budget or forward estimates.

POLICY IMPLICATIONS

This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS

There are no statutory implications under the Local Government Act 1993 with this matter.

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Corporate Services Reports 12 CORPORATE SERVICES REPORTS

12.1 STATEMENT OF INVESTMENTS AS AT 31 JULY 2012 12.1 STATEMENT OF INVESTMENTS AS AT 31 JULY 2012

File No: 82/2 Attachments: Nil Responsible Officer: Graeme Tolhurst - Executive Manager Corporate Services Author: Ophias Matsenhura - Corporate Accountant Maitland 2021 Outcome 19: A Council for now and future generations Council Objective: 19.1.1 To ensure the principles of sustainability underpin Council’s financial, economic, social and environmental decision-making

EXECUTIVE SUMMARY

Clause 212 of the Local Government (General) Regulation 2005 requires Council to report on its investments.

OFFICER’S RECOMMENDATION

THAT

1. The report indicating Council’s Funds Management position be received and noted. 2. The certificate of the Responsible Accounting Officer be noted and the report adopted.

REPORT Council’s investment portfolio posted a marked to market return in July of 5.02% p.a. This was 1.52% p.a. above the bank bill index benchmark return of 3.50% p.a. Performance was assisted by a narrowing of spreads in the FRN portfolio as market conditions eased. Taking marked-to-market returns aside (i.e. not accounting for changes in underlying capital movement), Council’s portfolio was yielding 5.71%p.a

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STATEMENT OF INVESTMENTS AS AT 31 JULY 2012 (Cont.) Global issues: .EU authorities approved Spain’s €100b ($118b AUD) bank bailout. Despite this, Spanish 10-yr bond yields kept surging, peaking at a record high of 7.50% as it emerged that one of its regional governments sought central government aid. .The European Central Bank President promised to do everything possible to prevent the collapse of the Eurozone and the single currency. However the markets were disappointed when these strong words were not backed up with immediate action. .The People’s Bank of China joined the Bank of England and the European Central Bank in easing monetary policy while the US Federal Reserve Chairman said that more policy stimulus would be introduced if economic conditions worsened. Domestic issues: .After 3 straight months of growth, employment fell by 27,000 in June. The employment rate increased from 5.1% to 5.2%. .The annual pace of inflation fell to 2.0% in the June quarter, which is at the lower end of the RBA’s 2-3% inflation target. The low inflation result allows the RBA to lower rates further if it deems it necessary. .Despite commodity prices falling during July, the AUD ended at 1.05 against the USD (its highest level since March) and 0.85 against the Euro (a record high). Interest rates: .The RBA kept Australia’s official cash rate unchanged at 3.50% following its July meeting.

The following attachments are provided as part of the Report. a) Council’s holdings as at 31 July 2012 (Attachment A) b) Investment Portfolio at a glance (Attachment B)

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STATEMENT OF INVESTMENTS AS AT 31 JULY 2012 (Cont.) COUNCIL’S HOLDINGS AS AT 31 JULY 2012 (ATTACHMENT A)

Current Account Investment Group 31/07/2012 600000 As at Face Value Current Yield Borrower Rating Maturity Current Value 31-Jul-12 600,000.00 3.5500 National Australia Bank Limited A-1+ 41121 600,000.00 Totals 600,000.00 3.5500 600,000.00 Floating Rate Note Investment Group 09-Nov-12 17900000 Reset/Coupon Face Value Current Coupon Borrower Rating Maturity Term of Current Value Inv est me nt 9-Aug-12 900,000.00 4.9117 Bendigo and Adelaide Bank Subordinated Debt BBB+ 9-Nov-12 1822 897,139.59 28-Sep-12 2,000,000.00 4.4900 Maitland Mutual Building Society Sub Debt NR 31-Dec-12 1827 1,937,064.00 17-Sep-12 1,000,000.00 5.8067 HSBC Bank Australia Subordinated Debt A 15-Mar-13 1827 1,007,150.00 17-Oct-12 500,000.00 7.2600 Holiday Coast Credit Union Limited Subordinated NR 17-Apr-13 1827 480,510.00 22-Oct-12 500,000.00 4.7867 ANZ Banking Group Ltd A-1+ 22-Apr-13 1826 503,668.50 18-Sep-12 1,000,000.00 4.5933 Suncorp Metway A-1 18-Jun-13 929 1,005,820.00 13-Aug-12 2,000,000.00 5.2383 Bank of Queensland Limited BBB+ 11-Nov-13 1096 2,017,520.00 6-Sep-12 1,000,000.00 4.6050 AMP Bank Limited A 6-Jun-14 1064 1,001,577.48 17-Sep-12 1,000,000.00 4.4533 National Australia Bank Limited AA- 16-Sep-14 1826 1,009,493.19 9-Aug-12 1,000,000.00 4.8417 Westpac Banking Corporation AA- 9-May-16 1561 1,007,040.00 29-Oct-12 1,000,000.00 4.7200 Rabobank Nederland (Australia Branch) AA 27-Jul-16 1827 978,710.00 2-Aug-12 1,000,000.00 5.0583 Commonwealth Bank of Australia AA- 2-Aug-16 1751 996,960.00 2-Aug-12 1,000,000.00 5.0583 Commonwealth Bank of Australia AA- 2-Aug-16 1701 996,960.00 15-Aug-12 2,000,000.00 5.6200 National Australia Bank Limited AA- 15-Feb-17 1827 2,054,940.00 10-Sep-12 2,000,000.00 6.4067 Macquarie Bank Limited A 9-Mar-17 1826 2,017,270.00 Totals 17,900,000.00 5.2006 17,911,822.76 Term Investment Group 03-Aug-12 24000000 Face Value Purchase Yield Borrower Rating Maturity Term of Current Value Inv est me nt 1,000,000.00 5.8500 Bank of Queensland A-2 03-Aug-12 155 1,024,547.07 1,000,000.00 6.0400 ING Bank (Australia) Limited A-1 22-Aug-12 182 1,027,914.12 1,000,000.00 5.3400 National Australia Bank Limited A-1+ 28-Aug-12 90 1,010,405.43 1,000,000.00 5.2500 Members Equity Bank Melbourne A-2 05-Sep-12 93 1,009,769.65 1,000,000.00 5.3000 Bank of Western Australia A-1+ 07-Sep-12 91 1,009,461.82 1,000,000.00 6.0000 Suncorp Deposits and Transactions Products A-1 10-Sep-12 181 1,025,628.98 3,000,000.00 5.2000 Bank of Western Australia A-1+ 12-Sep-12 91 3,026,165.83 1,000,000.00 5.6000 Suncorp Deposits and Transactions Products A-1 14-Sep-12 120 1,013,935.75 2,000,000.00 5.9000 Members Equity Bank Melbourne A-2 05-Oct-12 183 2,045,725.99 1,000,000.00 6.0000 Credit Union Australia A-2 08-Oct-12 216 1,028,443.59 1,000,000.00 5.9000 Members Equity Bank Melbourne A-2 10-Oct-12 182 1,022,194.15 1,000,000.00 6.1200 ING Bank (Australia) Limited A-1 19-Oct-12 211 1,027,303.49 1,000,000.00 5.8000 Members Equity Bank Melbourne A-2 30-Oct-12 183 1,019,825.24 1,000,000.00 5.3300 Suncorp Deposits and Transactions Products A-1 20-Nov-12 180 1,015,112.93 2,000,000.00 5.3000 National Australia Bank Limited A-1+ 03-Dec-12 185 2,028,958.02 1,000,000.00 5.3000 National Australia Bank Limited A-1+ 28-Dec-12 182 1,011,625.17 1,000,000.00 6.0500 Credit Union Australia A-2 07-Feb-13 337 1,036,253.44 1,000,000.00 6.6000 ING Bank (Australia) Limited A-1 14-Mar-13 731 1,108,118.21 1,000,000.00 6.8200 ING Bank (Australia) Limited A-1 09-May-13 731 1,107,384.50 1,000,000.00 6.5200 ING Bank (Australia) Limited A-1 07-Jun-13 730 1,098,900.22 Totals 24,000,000.00 5.7425 24,697,673.60 Term Investment Periodic Int Group 06-Dec-12 12300000 Rollover Face Value Purchase Yield Borrower Rating Maturity Term of Current Value Inv est me nt 6-Dec-12 1,000,000.00 6.7000 Maitland Mutual Building Society Limited NR 6-Dec-12 731 1,053,973.47 7-Dec-12 1,000,000.00 6.9800 National Australia Bank Limited A-1+ 7-Dec-12 731 1,056,644.79 14-Mar-13 1,000,000.00 6.6000 National Australia Bank Limited A-1+ 14-Mar-13 731 1,043,370.82 2-Jul-13 1,300,000.00 7.3700 Suncorp Deposits and Transactions Products A-1 2-Jul-13 1096 1,354,261.73 6-Sep-13 1,000,000.00 6.6900 Suncorp Deposits and Transactions Products A+ 6-Sep-13 1095 1,096,294.71 6-Sep-13 1,000,000.00 7.0000 AMP Bank Limited A 6-Sep-13 1095 1,102,375.20 6-Sep-13 2,000,000.00 6.5400 National Australia Bank Ltd - Govt Business AA- 6-Sep-13 1095 2,186,705.09 6-May-14 1,000,000.00 5.9500 Credit Union Australia BBB 6-May-14 734 1,060,098.23 13-May-14 1,000,000.00 5.9500 Credit Union Australia BBB 13-May-14 732 1,059,132.33 1-Dec-14 2,000,000.00 5.7600 National Australia Bank Limited AA- 1-Dec-14 1097 2,187,077.27 Totals 12,300,000.00 6.5082 13,199,933.64

Grand Totals 54,800,000.00 56,409,430.00

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STATEMENT OF INVESTMENTS AS AT 31 JULY 2012 (Cont.) INVESTMENT PORTFOLIO AT A GLANCE (ATTACHMENT B)

Portfolio Performance vs. 90 day Bank Bill Council’s investment performance exceeded Index  benchmark for the month of July 2012. Investment Policy Compliance Legislative Requirements  Fully compliant. When initially purchased, all investments fully complied with minsters orders Portfolio Credit Rating Limit  Fully compliant Institutional Exposure Limits  Fully compliant Term to Maturity Limits  Fully compliant

Investment Performance vs. Benchmark

Investment Portfolio Benchmark: UBS RBA Cash Rate Return (%pa) 90d Bank Bill Index 1 Month 5.02% 3.50% 3.50% 3 Months 6.86% 3.85% 3.58% 6 Months 7.01% 4.21% 3.92% FYTD 5.02% 3.50% 3.50% 12 Months 7.09% 4.57% 4.23%

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STATEMENT OF INVESTMENTS AS AT 31 JULY 2012 (Cont.) CONCLUSION Certification – Responsible Accounting Officer The Responsible Accounting Officer certifies that the investments listed in the attached 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.

FINANCIAL IMPLICATIONS The actual interest income received during July 2012 was $250,151. Budgeted interest income for July 2012 was $125,000. A favourable variance of $125,151 has been achieved for July 2012.

POLICY IMPLICATIONS Council’s investments are made in accordance with Council’s Investment Policy.

STATUTORY IMPLICATIONS The above sums have been invested and reported in accordance with:  Section 625 of the Local Government Act 1993  Clause 212 of the Local Government (General) Regulation 2005

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Corporate Planning and Engagement Reports 13 CORPORATE PLANNING AND ENGAGEMENT REPORTS

13.1 End of Term Report 13.1 END OF TERM REPORT

File No: 35/36/10 Council Term of Office Reports Attachments: 1. End of Term Report (under separate cover) Responsible Officer: Leah Flint - Executive Manager Corporate Planning and Engagement Author: Rhonda Skelton - Coordinator Organisational Integration & Performance Maitland 2021 Outcome 18: An efficient and effective Council Council Objective: 18.1.1 To ensure Council’s integrated planning and reporting meets expectations of the community, Council and the NSW State Government

EXECUTIVE SUMMARY

Council is required under legislation to produce an End of Term Report. An outgoing Council is tasked with producing a report outlining progress towards goals expressed in its ten-year community strategic plan. As part of its commitment to reporting in a meaningful way to the community, Council is required to report to the community the significant events that have occurred during a Council’s term of office.

Once again Maitland City Council has embraced the opportunities of IP&R to develop a thorough, yet reader-friendly, report covering the past four years. The report highlights a range of projects and initiatives that have been undertaken and their links to the goals expressed on our 10 year community strategic plan ‘Maitland 2021’.

The report extends over sixty four pages and is tabled for Council and the community as a record of the significant achievements and challenges faced during the 2008-12 term of office.

OFFICER’S RECOMMENDATION

THAT

1. ‘Growing Together’, Council’s End of Term Report is tabled and received by Council. 2. The Report is included as an attachment to Council’s Annual Report as required under legislation. 3. The report is distributed to the community via Council sites and activities, and placed on Council’s website.

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END OF TERM REPORT (Cont.) REPORT The past four years for Council has been a period of significant achievement, and also some tough challenges. The End of Term Report documents to the community Council’s progress in implementing the Community Strategic Plan during its term of office, as required under section 428 (2) of the NSW Local Government Act 1993. It is recognised, that as a Group 2 Council Maitland City Council’s Community Strategic Plan has only been in place since 1 July 2011.

The IP&R legislation provides a great opportunity for Council, the elected members and the Executive Leadership Team to showcase the substantial progress that has been made, and the innovative programs that have been implemented, during the current Council’s term of office.

Whilst complying with the legislation each Council has the freedom to produce the report in a manner that they feel best reflects the essence of their community.

Through its community based stories and relevant statistics, the End of Term Report is also an opportunity to recognise the efforts and commitment shown by Councillors and Council officers.

The primary focus of the report is on the initiatives that Council has direct influence over. However, it also includes information regarding the Maitland Local Government Area drawn from other sources. This includes presentation of core demographics obtained through the Census 2011 data released on 21 June 2012 and NSW Local Government Council Comparative Data report.

PERFORMANCE HIGHLIGHTS This report reflects on the four years of achievements; the growth of engagement with our community and our partners; and the work undertaken by Council’s committed workforce. Alongside of this is the recognition that Maitland was recognised as the fastest growing inland city in NSW over the last four years, whilst maintaining an enviable relationship between Council and the development industry. While challenging to select just a few examples from the report, key highlights are as follows. Proud place, great lifestyle  Our projects have been successful in receiving many awards through the Tidy Towns Program and winners of significant cultural heritage awards.  The Maitland Regional Art Gallery (MRAG) underwent a $6.2 million upgrade becoming a vibrant hub of cultural significance in the region attracting an average of 4000 patrons a month.  Our libraries continue to evolve to meet a changing society’s needs and growth in the use of technology, whilst at the same time increasing membership.  A Youth Space Reference Group was established to encourage community ownership and to provide input into programs and decisions that affect them.

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END OF TERM REPORT (Cont.) Our places and spaces  Vital to the development of the city and the protection of our environment was the gazetting of two key planning instruments. The Maitland Development Control Plan 2011 (DCP) and the Maitland Local Environmental Plan 2011 (DCP) came into effect on 16 December 2011.  The Maitland Integrated Land Use and Transport Study, completed in July 2009, provides Council with a strategic model of our transport needs over the next 20 years.  Council secured $11.3 million through the Federal Government’s ‘Building Better Regional Cities’ program to be used to upgrade Athol D’Ombrain Drive and will deliver affordable housing to new residents and revitalise the inner city. Our natural environment  Council has reduced the generation of waste by our community by 15% during the past four years.  The new ten year contract with Solo Resource Recovery as Council’s recycling collection service will save the city over $700,000 annually.  Our community is recognised for their contribution in projects such as the bi- annual Maitland Environment Youth Forum, Clean Up Australia Days, participating in the Hunter Water Showerhead Exchange Program and undertaking many volunteer activities to protect our environment. A prosperous and vibrant city  Maitland residents can now access free public WiFi in Maitland libraries.  The $65 million Third Hunter River crossing at Maitland was opened in December 2010.  The Hunter region was included in the first 3 year rollout plan for the new Australian high-speed National Broadband Network (NBN).  The additional funding available through the Special Rate Variation enabled work to begin in 2012 to refurbish roads and footpaths in Swan Street Morpeth.  Planning work began in 2011 with the resolution of Council to refurbish the Maitland Heritage Mall and will contribute as part of a suite of initiatives to revitalise the Heritage Mall and Civic precinct. Connected and collaborative community leaders  Council has successfully implemented the Local Government Amendment (Planning and Reporting) Act 2009 and the requirements of the Government Information (Public Access) Act 2009 which improves the ease of access to government held information.  Council has established meaningful connections between Council, the  Community and our partners.  Council has acted as advocates securing funding and support for major initiatives through its success in various grant applications.

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END OF TERM REPORT (Cont.) CONCLUSION The publication of Maitland City Council’s ‘Growing Together’ End of Term Report reports back to the community how Council has meet or is meeting the expected outcomes of the Community Strategic Plan.

It is a fitting testament to the work undertaken by Council over the previous four years of office. The report will be placed on Council’s website and distributed in printed form.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.

POLICY IMPLICATIONS This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS This matter meets requirements as per the Executive Summary.

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END OF TERM REPORT (Cont.)

End of Term Report (under separate cover)

Corporate Planning and Engagement Reports

END OF TERM REPORT

End of Term Report (under separate cover)

Meeting Date: 14 August 2012

Attachment No: 1

Number of Pages:

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14 STRATEGIC PROJECTS REPORTS

Nil

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People and Performance Reports 15 PEOPLE AND PERFORMANCE REPORTS

15.1 Alcohol and Other Drugs Policy 15.1 ALCOHOL AND OTHER DRUGS POLICY

File No: 130/50 Attachments: 1. Alcohol and Other Drugs Policy 2012 Responsible Officer: Clare Dunnicliff - Executive Manager People and Performance Author: Clare Dunnicliff - Executive Manager People and Performance Maitland 2021 Outcome 19: A Council for now and future generations Council Objective: 19.3.1 To nurture a skilled and innovative workforce that delivers optimal service

EXECUTIVE SUMMARY

Following an extensive twelve-month trial all industry parties have agreed to the adoption and introduction of an industry alcohol and other drugs policy, should councils choose to do so. The aim of the policy is to assist and encourage councils to establish clear and consistent procedures for addressing risks to health and safety in the workplace associated with the inappropriate use of alcohol and/or other drugs. Further, all parties recognise that the inappropriate use of alcohol and/or other drugs is a significant problem that can affect a worker’s performance and jeopardise their health, safety and welfare as well as that of their co-workers and other people in the workplace.

OFFICER’S RECOMMENDATION

THAT The Alcohol and Other Drugs Policy be adopted.

REPORT The establishment of an industry trial was premised on broad recognition that a policy developed co-operatively would assist the industry as a whole to address the impacts of inappropriate use of alcohol and/or other drugs in the workplace. In 2011, following endorsement by GMAC, the Industry Alcohol and Other Drugs trial commenced on the 1st July. Initial participants included Port Stephens, Newcastle, Maitland, Muswellbrook and Lithgow councils: Gloucester, Liverpool Plains and Wagga Wagga played a supporting role during the trial. Hunter Councils Inc. also played a significant role, facilitating and supporting the initial working party meetings and providing accredited training for participating councils. From an industry perspective the Local Government & Shires Association (LGSA), the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (USU), Local Government Engineers Association (LGEA) and the Development and Environmental Professionals’ Association (depa) partnered with

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ALCOHOL AND OTHER DRUGS POLICY (Cont.) the participating councils to trial the draft policy and procedure, providing oversight and representing stakeholder views at the industry level. Further a local level sub-committee was formed, comprising work, health & safety specialists, union delegates and a representative from the regional HR Managers’ group. The purpose of this group was to provide a forum for discussion, clarification and advice in relation to the implementation of the trial policy and procedures. The trial, initially for a period of six months, was extended to cover a twelve-month period and included a survey of all staff from the participating councils. This along with data gathered throughout the trial provided a sound basis for formal review of the draft policy and procedure which has now been agreed to and adopted by all industry parties. The aim of the policy is to assist and encourage councils to establish clear and consistent procedures for addressing risks to health and safety in the workplace associated with the inappropriate use of alcohol and/or other drugs. Further, all parties recognise that the inappropriate use of alcohol and/or other drugs is a significant problem that can affect a worker’s performance and jeopardise their health, safety and welfare as well as that of their co-workers and other people in the workplace. To this end the policy is premised on three core principles:

1. Safety in the workplace and fitness for work

2. Establishment of a supportive organisation culture

3. Accountability for behaviour

From an organisation perspective the trial was well-received and is testament to a genuine and committed partnership between the People & Performance group, management, staff and union, with a number of amendments to the procedure a direct result of Maitland’s experience and feedback. There is also general consensus for the adoption of a formal organisation position with respect to the management of alcohol and other drugs in the workplace.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.

POLICY IMPLICATIONS This policy if adopted will form the basis for managing alcohol and other drugs in the workplace.

STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.

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ALCOHOL AND OTHER DRUGS POLICY (Cont.)

Alcohol and Other Drugs Policy 2012

People and Performance Reports

ALCOHOL AND OTHER DRUGS POLICY

Alcohol and Other Drugs Policy 2012

Meeting Date: 14 August 2012

Attachment No: 1

Number of Pages: 8

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ALCOHOL AND OTHER DRUGS POLICY (Cont.)

NSW Local Government Alcohol and Other Drugs Policy

Publication date: 4 July 2012.

Summary:

Provides an agreed industry resource for New South Wales councils to assist in the development and implementation of alcohol and other drugs procedures in the workplace, in a consistent manner.

This policy was prepared by the Local Government and Shires Associations of New South Wales (LGSA); the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (USU); the Local Government Engineers Association (LGEA); and the Development and Environmental Professionals’ Association (depa).

Review date:

This policy shall be reviewed:

 in July 2013;

 Immediately if there is a significant change in the level or availability of technology associated with the testing for inappropriate alcohol and/or other drugs use; or

 Immediately if any provision is contrary to law.

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ALCOHOL AND OTHER DRUGS POLICY (Cont.) NSW Local Government Alcohol and Other Drugs Policy

1. STATEMENT OF INTENT ...... 1

2. HOW THIS POLICY WAS DEVELOPED ...... 1

3. AIM ...... 1

4. ISSUES TO CONSIDER ...... 1

4.1 Safety in the workplace and fitness for work ...... 1 4.2 Establishing a supportive culture ...... 1 4.3 General conduct obligations ...... 2 4.4 When is disciplinary action appropriate? ...... 2

5. ALCOHOL AND OTHER DRUGS TESTING ...... 3

6. LEGISLATIVE REQUIREMENTS ...... 4

6.1 Other references ...... 4

7. HOW TO DEVELOP ALCOHOL AND OTHER DRUGS PROCEDURES FOR THE WORKPLACE ...... 5

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ALCOHOL AND OTHER DRUGS POLICY (Cont.) 1. STATEMENT OF INTENT

The LGSA, USU, LGEA and depa (the “industry parties”) recognise that the inappropriate use of alcohol and/or other drugs is a significant problem that can affect a worker’s performance and jeopardise their health, safety and welfare as well as that of their co- workers and other people in the workplace.

2. HOW THIS POLICY WAS DEVELOPED

This policy was developed by the industry parties. This cooperative approach followed a number of industrial disputes and a recognition that a policy developed cooperatively would assist the industry. Draft industry guidelines were prepared and trialled in five councils over a period of up to 6 months in 2011. For the purpose of the trial, random testing was available as an option and this option was adopted by the five councils.

Whilst different conclusions may be drawn from the results of the industry trial, the industry parties nevertheless agreed to support this policy.

3. AIM

The aim of this policy is to assist and encourage councils to establish clear and consistent procedures for addressing risks to health and safety in the workplace associated with the inappropriate use of alcohol and/or other drugs.

4. ISSUES TO CONSIDER

4.1 Safety in the workplace and fitness for work

Employers have a duty to ensure the health, safety and welfare of their workers and other people in the workplace (s19, Work Health and Safety Act 2011 (NSW)). Workers have a duty to take reasonable care for their own health and safety, as well as for the health and safety of other people in the workplace and to co-operate with their employer in providing a safe working environment (s28, Work Health and Safety Act 2011 (NSW)).

Workers are obliged to present themselves for work in a fit state so that in carrying out their work activities they do not expose themselves, their co-workers or other people in the workplace to unnecessary risks to health and safety.

The welfare of the individual and the health and safety of other people in the workplace needs to be considered.

There are penalties, under legislation for employers and the Award [or relevant Agreement], for workers who fail to take their occupational health and safety responsibilities seriously.

4.2 Establishing a supportive culture

Any alcohol and other drugs procedures should promote a supportive culture in which workers are able to seek the assistance of their employer in a non-threatening environment.

Councils should foster a supportive culture that encourages employees to accept individual responsibility for workplace health and safety and participation in disclosing to management the identity of employees who may be regarded as a risk to others. Such an approach is supported by WHS legislation and the industry parties.

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ALCOHOL AND OTHER DRUGS POLICY (Cont.)

A supportive culture will encourage a co-operative approach between management and workers and build on the shared interest in workplace health and safety.

A supportive culture may be achieved by:

 recognising that the inappropriate use of alcohol and/or other drugs can be due to illness (e.g. dependency) or symptomatic of an illness (e.g. depression); and

 providing non-threatening assistance to workers who recognise that they have alcohol and/or other drug related problems (e.g. employers should ensure that workers are informed of the availability of an employee assistance program); and

 ensuring that clear and consistent processes are in place for addressing risks to health and safety in the workplace; and

 respecting the privacy of workers by ensuring that appropriate systems are in place to maintain confidentiality.

4.3 General conduct obligations

Workers are obliged to present themselves for work in a fit state so that when carrying out their work activities they do not expose themselves, their co-workers or other people in the workplace to unnecessary risks to health and safety.

The Model Code of Conduct for Local Councils in NSW (the “Model Code”) establishes the minimum requirements of conduct for council officials in carrying out their functions (a council official is defined to include councillors, members of staff, administrators, conduct reviewers and delegates of council).

It is a requirement of the Model Code that council officials must not conduct themselves, when carrying out their functions, in a manner that is likely to bring the council or holders of civic office into disrepute (clause 6.1 of the Model Code). Council officials are expected to maintain high standards of professional conduct and service to the community and must act honestly and exercise a reasonable degree of care and diligence when carrying out their functions.

By way of example, a worker may be in breach of their general conduct obligations under the Model Code if they:

 attend for work whilst under the influence of alcohol and/or other drugs; or

 conduct themself in an inappropriate and/or unprofessional manner whilst at work or at a work related function (which may be due to the effects of inappropriate alcohol and/or other drugs use).

4.4 When is disciplinary action appropriate?

A council should be supportive and rehabilitative but there will be occasions when disciplinary action is appropriate.

Procedures for managing workplace risks associated with the use of alcohol and/or other drugs should balance:

1. the employer’s obligation to ensure the health, safety and welfare of workers and other people in the workplace, and

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ALCOHOL AND OTHER DRUGS POLICY (Cont.)

2. promoting a supportive culture in which workers feel able to seek the assistance of their employer in a non-threatening environment.

The focus of any workplace alcohol and/or other drugs procedures should initially be on education and correcting inappropriate worker behaviour. Although disciplinary action may be necessary, it should be viewed as a measure of last resort that is reserved for serious breaches of the Council’s Code of Conduct or where a worker has repeatedly failed to respond to warnings about their work performance or work conduct. Where appropriate, disciplinary action should be complimented by offers of support to the worker, through council’s employee assistance program or other external agencies such as specialist units at public hospitals.

5. ALCOHOL AND OTHER DRUGS TESTING

Workplace alcohol and other drugs testing (D&A testing) is a complex issue. Things to consider include:

 When to test – Common examples of when D&A testing is conducted by employers include, upon reasonable suspicion that a person may be impaired (reasonable suspicion testing), following a workplace health and safety incident (post incident testing), randomly (random testing) and voluntary testing;

 Types of tests – There is a variety of different D&A testing methods available. Some of the more common forms of D&A testing include breath testing, blood testing, saliva testing, urine testing, sweat testing and hair testing. It should be understood that some testing procedures are more likely to identify the likelihood of actual impairment than others and some will identify drug use almost immediately after use rather than only being able to detect use over an hour or more following the use of the drug/s. The LGSA, USU, LGEA and depa support the use of breath analysis for alcohol testing and saliva for other drugs. Saliva testing can provide a positive result immediately after use and whose range of detectability is such that it is more likely to indicate potential and or actual impairment when compared to other testing procedures which can provide a positive result to substances days, weeks or months after last use/exposure, at which time the worker may not be impaired at work.

The primary objective of an Alcohol and Other Drugs Policy is to ensure WHS obligations are met and to educate workers on the affects of the misuse of alcohol and/or other drugs within the workplace. The costs of different types of testing, whilst relevant, should not be the sole factor in weighing up how to meet such WHS obligations.

 Worker privacy – Some D&A testing methods may be considered more intrusive than others. Furthermore, inappropriate alcohol and/or other drugs use may have been in response to an underling illness or personal concern (e.g. depression, family pressures, etc). It is imperative that a worker’s privacy be respected and that the results of D&A testing be kept confidential;

 Who to test – Employers should consider how best to allocate and use their limited resources in adopting and implementing Alcohol and other Drug Testing Procedures based upon WH&S risk assessment/s and organisational risks, in relation to any random testing. The industry parties recommend that where random testing is undertaken, all workers are eligible to be tested;

 The meaning of a positive test result – A positive test result can have different meanings. For example, blood and saliva testing will generally detect the presence of a substance that was consumed within a matter of hours, whereas hair testing can

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ALCOHOL AND OTHER DRUGS POLICY (Cont.) detect the presence of a substance that was consumed months earlier. A positive test result may not indicate that a worker is unfit for work.

When developing procedures for managing workplace risks associated with the use of alcohol and/or other drugs, the LGSA, USU, LGEA and depa recommend that employers:

 where practicable, only use D&A testing methods that detect ‘recent use’ as this is likely to be more reliable in detecting whether a worker is unfit for work, and

 avoid using D&A testing methods that unreasonably intrude upon the private/personal affairs of workers.

Industrial courts/tribunals have found that urine testing can be unnecessarily invasive and that a non negative test result is less likely to indicate impairment than other forms of testing.

The USU, LGEA, depa and LGSA, as a general rule, do not support the use of urine testing at council workplaces unless it is to confirm a test result (i.e.: a confirmatory test) or unless the employee requests that a urine test be undertaken.

6. LEGISLATIVE REQUIREMENTS

General employer/worker obligations in relation to workplace occupational health and safety laws exist under:

 the Work Health and Safety Act 2011 (NSW), and

 the Work Health and Safety Regulations 2011 (NSW).

Workers who drive motor vehicles for work (including when travelling to or from work) must obey applicable road safety laws, including those relating to prescribed concentration levels for alcohol and other drugs. For further information in relation to prescribed concentration levels refer to:

 the Road Transport (Safety and Traffic Management) Act 1999 (NSW), and

 the Road Transport (Safety and Traffic Management Regulation 1999 (NSW)

Depending on the work environment, employers may have a positive legal obligation to conduct alcohol and other drugs testing in the workplace. Workplace procedures for managing risks in relation to alcohol and other drugs use must reflect these obligations if they apply. Examples include:

 the Rail Safety Act 2008 (NSW), and

 the Rail Safety (Drug and Alcohol Testing) Regulation 2008 (NSW)

 Civil Aviation Act 1988 (Cth), and

 Civil Aviation Safety Regulations 1998 (Cth)

6.1 Other references

Australian Standards:

 AS3547:1997 – Breath alcohol testing devices for personal use.

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ALCOHOL AND OTHER DRUGS POLICY (Cont.)  AS4760:2006 – Procedures for specimen collection and the detection and quantitation of drugs in oral fluid.

7. HOW TO DEVELOP ALCOHOL AND OTHER DRUGS PROCEDURES FOR THE WORKPLACE

1. Gather information – about the problem and how it relates to your workplace. This could relate to things like accidents and absenteeism, low productivity or the use of alcohol as part of the workplace “scene”.

2. Raise awareness of the issue – You could do this by displaying posters or distributing pamphlets, or holding a brief information session for staff. Education of staff is vitally important for successful implementation.

3. Consult broadly in developing the procedure for the workplace (this should include consultation through existing forums such as the Work Health and Safety Committee and staff Consultative Committee).

4. Use the Industry Procedure as the basis for your draft alcohol and other drugs procedure – An effective procedure should:

 Contain a clear statement of your council’s commitment to an alcohol and other drugs free workplace.

 Contain a clear statement of the behaviour expected of workers.

 Form part of your council’s overall health and safety program.

 Provide an atmosphere of support for problems.

5. Circulate the draft procedure to workers and the unions for comment.

6. Finalise the procedure and set a date for its introduction.

7. Inform all workers of the procedure. Include details of the procedure in orientation for new staff.

8. Set a date for review of the procedure – e.g. 12 months after implementation date.

Policy and Procedure for Alcohol and Other Drugs – Example

The LGSA, USU, LGEA and depa have developed a draft template alcohol and other drugs procedure for local government. The template procedure was trialled in a number of NSW councils between July and December 2011. Councils should consider the template procedure when developing or reviewing their own workplace alcohol and other drugs procedure.

An extensive Frequently Asked Questions database is also available for councils use which was developed as a result of the trial.

Further information:

1. Local Government and Shires Associations of NSW

Contact: the Workplace Solutions Team. Phone: (02) 9242-4142

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ALCOHOL AND OTHER DRUGS POLICY (Cont.)

2. United Services Union

Contact: Stephen Hughes (Manager, Newcastle Branch) Ph: (02) 6771-4911

3. Local Government Engineers Association

Contact: Martin O’Connell (Director) Ph: (02) 9263-6555

4. Development and Environmental Professionals’ Association

Contact: Ian Robertson (Secretary) Ph: (02) 9712-5255

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15.2 Equity Diversity & Respect Policy 15.2 EQUITY DIVERSITY & RESPECT POLICY

File No: 130/1 Attachments: 1. Equity, Diversity & Respect Policy 2012 2. Respect at Work Policy 2009 Responsible Officer: Clare Dunnicliff - Executive Manager People and Performance Author: Clare Dunnicliff - Executive Manager People and Performance Maitland 2021 Outcome 19: A Council for now and future generations Council Objective: 19.3.1 To nurture a skilled and innovative workforce that delivers optimal service

EXECUTIVE SUMMARY

During preparation for the introduction of Integrated Planning and Reporting and the organisation restructure regular communication, consultation and conversation occurred throughout the organisation, often led by the General Manager. Much of the discussion focused on the organisation’s Corporate Ideals, Workforce Plan, and employees’ expectations of their work environment; more specifically how these elements positively influence the manner in which individuals and groups work to deliver services to the community.

The proposed policy is an underpinning tenet of the employment relationship and provides a sound basis for the organisation as a whole to build from its strengths through the provision of a safe and productive workplace free from discrimination, harassment, bullying and victimisation and to promote the principles of Equal Employment Opportunity, equity, respect and tolerance in all work and management practices.

OFFICER’S RECOMMENDATION

THAT The Respect at Work Policy 2009 be rescinded and replaced by the Equity, Diversity & Respect Policy.

REPORT In 2002, Council adopted and implemented its Equal Employment Opportunity (EEO) Policy and EEO Management Plan. These provided a sound basis for establishment of a shared organisational understanding with respect to the advertising of positions, selection of candidates, and the provision of training and employment-related activities. Further, the policy and plan promoted both the rights and responsibilities of all parties as they stood under both federal and state anti-discrimination legislation. Subsequently in 2007, Council adopted the newly focused Respect at Work policy; the intention being to move the organisation away from a framework predicated on legislative compliance, towards one built around joint accountability and positive

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EQUITY DIVERSITY & RESPECT POLICY (Cont.) behaviour. The policy was updated again in 2009 to ensure it continued to meet legislative, good practice and organisational requirements. Following the organisation restructure and the introduction of the Integrated Planning and Reporting framework the policy was again reviewed. Much of the organisation preparation for the afore-mentioned changes involved regularly engaging with staff, including frequent conversations between the General Manager and staff across with respect to council’s Corporate Ideals, workforce plan and employees’ expectations of their work environment. Key policy messages include: .Provision of a safe and productive workplace free from discrimination, harassment, bullying and victimisation for all employees, contractors, volunteers, Councillors and visitors; .Promotion of the principles of equity, diversity, respect and tolerance in all work and management practices; and, .Creation of a self-monitoring culture where employees acknowledge, support and champion the principles of a workplace free from discrimination, harassment, bullying and victimisation. The policy forms an underpinning tenet of the employment relationship as well as the basis upon which our interactions and relationships are conducted with the community at large.

Policy review The current policy was due for review in the 2011/2012 financial year and resulted in the following amendments:  Change of policy title from Respect at Work to Equity Diversity & Respect, reflecting a holistic approach to leading a contemporary workforce;  Enhanced emphasis on organisation, management and individual accountability;  Policy scope extended to include Councillors;  Inclusion of reference to associated protocols regarding the use and application of social media, electronic mail (e-mail) and Internet; and,  Alignment with current legislative and regulatory provisions.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.

POLICY IMPLICATIONS Adoption of this policy will result in the current policy being rescinded.

STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.

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EQUITY DIVERSITY & RESPECT POLICY (Cont.)

Equity, Diversity & Respect Policy 2012

People and Performance Reports

EQUITY DIVERSITY & RESPECT POLICY

Equity, Diversity & Respect Policy 2012

Meeting Date: 14 August 2012

Attachment No: 1

Number of Pages: 6

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EQUITY DIVERSITY & RESPECT POLICY (Cont.)

EQUITY, DIVERSITY & RESPECT POLICY

Version: 4

Business Group: People and Performance

Responsible Officer: Executive Manager People and Performance

Date Approved:

Council Reference:

Policy Review Date: 2013

File Number: 130/1

Policy History

Version Date Approved Description of Changes 1 26/3/02 EEO Policy 2 23/1/2007 Renamed Respect at Work Policy 3 22/9/2009 Amended Respect at Work Policy Policy title changed from Respect at Work to Equity, Diversity & Respect 4 Update of legislation and relevant policies Addition of email internet statement.

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EQUITY DIVERSITY & RESPECT POLICY (Cont.) Policy Statement

Maitland Council will not tolerate any form of bullying, discrimination, harassment or victimisation from any manager, employee, contractor, volunteer, visitor, councillor or member of the public, under any circumstance. This includes behaviour conducted via the use of electronic media and mobile phones.

Maitland City Council will provide, model and encourage a workplace free from all forms of discrimination, harassment, bullying and victimisation.

Council is committed to providing a confidential grievance procedure where employees can gain accurate advice and make complaints about equity, diversity and bullying issues in the workplace. Any breaches of this policy are to be reported immediately, in accordance with Council’s Grievance Procedure.

To ensure the objectives of the policy are achieved, Council will implement its EEO and Diversity Management Plan and support the ongoing role of the EEO Committee.

This policy should be read in conjunction with the EEO and Diversity Management Plan, the EEO, Harassment and Bullying Grievance Protocol, the Equity, Diversity and Respect Supporting Information and Explanatory Notes document, Social Media Protocol, Use and Access of Electronic Mail Protocol and the Use and Access of Internet Protocol.

Objectives

The objectives of this policy are to:

 Provide a safe and productive workplace free from discrimination, harassment, bullying and victimisation for all employees, contractors, volunteers, councillors and visitors.  Promote the principles of, equity, diversity, respect and tolerance in all work and management practices.  Raise organisational awareness in regards to discrimination, harassment, bullying, victimisation and the information contained in this policy.  Create a self-monitoring culture where all employees acknowledge, support and champion the principles of a workplace free from discrimination, harassment, bullying and victimisation.  Encourage the reporting of behaviour which breaches Council’s Equity, Diversity and Respect Policy.  Ensure that all employees and managers are aware of and understand the procedure for managing a grievance in the workplace.

Scope

This policy applies to current and prospective employees and extends to cover apprentices, volunteers, contractors and Councillors. This policy applies to interactions between all managers, employees, contractors, volunteers and members of the public either in person or via any form of electronic communication including email, social media or text message.

Relevant Legislation

Anti-Discrimination Act, 1977 (NSW) Sex Discrimination Act, 1984 (Cth) Racial Discrimination Act, 1975 (Cth)

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EQUITY DIVERSITY & RESPECT POLICY (Cont.) Disability Discrimination & Other Human Rights Legislation Amendment Act 2009 Local Government Act 1993 (NSW) Work Health Safety Act 2011 (NSW) Work Health Safety Regulation 2011 Industrial Relations Act 1996 (NSW) Workplace Relations Act 1996 (Cth)

Related Policies/Procedures/Protocols

 Attraction and Engagement Protocol  EEO and Diversity Management Plan  Safety Management System – Safety Procedure on Workplace violence and bullying  Safety Management System – Safety Procedure on Aggressive and Abusive Customers  EEO, Harassment and Bullying Grievance Protocol  Social Media Protocol  Use and Access of Electronic Mail Protocol  Use and Access of Internet

Responsibility

Maitland City Council has a legal responsibility to prevent discrimination, harassment, bullying and victimisation in the workplace. Everyone within the workplace also has an individual responsibility and a duty of care to ensure a safe and healthy workplace.

General Manager . Ensure the policy framework to promote a discrimination, harassment and bullying-free workplace at the Council level, for all persons described within the Scope of this policy; . Ensure every employee and prospective employee is treated fairly and with respect; . Ensure the behaviour of all employees complies with this policy; . Ensure Council’s EEO and Diversity Management Plan is implemented.

Managers and Supervisors . Model appropriate workplace behaviours and monitor the work environment to ensure acceptable standards of conduct are followed at all times; . Ensure decisions relating to employment, promotion and training are equitable and based upon merit; . Ensure employees are aware of and understand Council’s Equity Diversity and Respect Policy and the Grievance Procedure; . Act to resolve incidences of discrimination, harassment bullying and victimisation when made aware of a problem, even if a formal complaint has not been made; . Treat all complaints seriously, equitably and confidentially, and in accordance with the Grievance Procedure.

Employees . Ensure individual behaviour complies with Council’s Equity Diversity and Respect Policy; . Maintain confidentiality if involved with the investigation of a grievance; . Report breaches of this Policy in accordance with the Grievance Procedure.

EEO Committee The EEO Committee will work with all employees towards a discrimination, harassment and bullying-free workplace and ensure that all current and prospective employees are afforded equal access to opportunities and benefits relating to employment, promotion and training.

The EEO Committee is responsible for: . Informing and consulting with staff on discrimination, harassment and bullying matters; . Promoting Equity Diversity and Respect throughout the organisation;

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EQUITY DIVERSITY & RESPECT POLICY (Cont.) . Acting as Contact Officers by advising staff with discrimination, harassment, bullying and victimisation grievances on the options available to them.

Lodging a Complaint All complaints of discrimination, harassment, bullying and victimisation will be taken seriously and managed in accordance with the EEO, Harassment and Bullying Grievance Protocol. Copies are available from: . People and Performance Group . Council’s Intranet . Union delegates . Managers or Supervisors . EEO Contact Officers

All reasonable care will be taken to ensure that complainants and witnesses will not be victimised for giving information about something they have seen or heard.

SOURCES OF INFORMATION AND ADVICE

Internal  Manager/Coordinator  Executive Manager  A member of People & Performance  An EEO Contact Officer  Union delegates

External  Anti-Discrimination Board NSW  Australian Human Rights Commission  WorkCover NSW

Please refer to Council’s Equity, Diversity and Respect Supporting Information and Explanatory Notes document.

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EQUITY DIVERSITY & RESPECT POLICY (Cont.) Equity, Diversity and Respect Policy Supporting Information and Explanatory Notes

Definitions

Discrimination is treating a person unfairly or differently because they belong to a particular group of people or have a particular characteristic. It is against the law in NSW to discriminate or harass a person on the grounds of sex, race (including ethno religion), age, disability, marital or domestic status, homosexuality, transgender status and/or carer’s responsibilities.

Direct Discrimination occurs when someone is treated unfairly compared to some else in the same or similar circumstances and it is because of their sex, pregnancy, breastfeeding, race, age, marital or domestic status, homosexuality, disability, transgender status or carer’s responsibilities.

Examples: . Deliberately excluding older employees from training opportunities because the manager thinks it would be a waste of time . Not employing an applicant because they have a disability.

Indirect Discrimination is when there is a requirement or rule that is the same for everyone but in effect disadvantages people from a particular group more than people from other groups — unless the requirement is reasonable in the circumstances.

Examples: . The high wall that all Victorian Police recruits were once expected to scale, discriminated against women because of their small body size . Height requirements for flight attendants indirectly discriminated against some racial backgrounds.

Equal Employment Opportunity (EEO) refers to employment, training and promotion decisions that are based on merit.

Merit means assessing each person’s skills and abilities against the needs of the job and disregarding unlawful personal characteristics which are irrelevant for the job. Merit recognises experience gained both inside and outside formal employment.

Sexual Harassment is any unwanted or unwelcome sexual behaviour, which makes a person feel offended, humiliated or intimidated. Sexual harassment is considered to have occurred if a reasonable person would have expected that the harassed person would have been offended, humiliated or intimidated in the circumstances. Sexual harassment is not behaviour, which is based on mutual attraction, friendship and respect.

Vexatious complaints – complaints that are frivolous, made maliciously and without grounds.

Victimisation – treating a person unfairly, or differently, because they have made a discrimination, harassment or bullying complaint or supported a person with a complaint.

Workplace harassment is where a person is subjected to behaviour, other than sexual harassment, by an employer, worker, co-worker or group of co-workers, apprentice, volunteer, contractor or member of the public that:

. Is unwelcome and unsolicited; . The person considers to be offensive, intimidating, humiliating or threatening and . A reasonable person would consider that the harassed person would be offended, humiliated, intimidated or threatened in that particular situation.

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EQUITY DIVERSITY & RESPECT POLICY (Cont.)

Bullying is repeated unreasonable behaviour directed at a worker or a group of workers that creates a risk to health and safety.

Workplace harassment and bullying is not: . Setting reasonable workplace goals and standards; . Reasonable supervisory practices, including work performance assessment, counselling and disciplinary action;

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EQUITY DIVERSITY & RESPECT POLICY (Cont.)

Respect at Work Policy 2009

People and Performance Reports

EQUITY DIVERSITY & RESPECT POLICY

Respect at Work Policy 2009

Meeting Date: 14 August 2012

Attachment No: 2

Number of Pages: 7

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EQUITY DIVERSITY & RESPECT POLICY (Cont.)

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EQUITY DIVERSITY & RESPECT POLICY (Cont.)

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EQUITY DIVERSITY & RESPECT POLICY (Cont.)

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EQUITY DIVERSITY & RESPECT POLICY (Cont.)

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EQUITY DIVERSITY & RESPECT POLICY (Cont.)

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EQUITY DIVERSITY & RESPECT POLICY (Cont.)

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EQUITY DIVERSITY & RESPECT POLICY (Cont.)

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15.3 Child Protection Policy 15.3 CHILD PROTECTION POLICY

File No: 130/1 Attachments: 1. Child Protection Policy 2012 2. Child Protection Policy 2005 Responsible Officer: Clare Dunnicliff - Executive Manager People and Performance Author: Kirsty McDonell - Coordinator Workforce Development Maitland 2021 Outcome 19: A Council for now and future generations Council Objective: 19.3.1 To nurture a skilled and innovative workforce that delivers optimal service

EXECUTIVE SUMMARY

Maitland City Council aims to promote a child-safe environment by implementing an appropriate framework to ensure applicants for positions deemed to be child-related are checked, and that management who supervise, and staff who undertake child- related functions, are aware of their obligations.

OFFICER’S RECOMMENDATION

THAT The Child Protection Policy 2005 be rescinded and replaced by the Child Protection Policy 2012.

REPORT Council is committed to fulfilling its duty of care by ensuring that all employees act in the best interests of a child and take all reasonable steps to ensure a child’s safety. To ensure the spirit of the legislation is complied with Maitland City Council, as a public authority, will focus on preventative measures that provide protection to all children using its services. This will be achieved through: 1. The establishment of systems for investigating allegations of child abuse that comply with the Ombudsman Amendment – Child Protection & Community Services Act 1998; 2. Processes for reporting allegations of child abuse that comply with the Child Protection Amendment Act 2003; 3. The inclusion of a duty of mandatory reporting for employees in child-related employment when there are reasonable grounds to suspect that a child or young person is at risk of harm, in accordance with the Children and Young Persons (Care and Protection) Act 1998; 4. Processes that ensure people employed by council in positions deemed to be child-related are not Prohibited Persons as defined by the Commission for Children and Young People Act 1998;

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CHILD PROTECTION POLICY (Cont.) 5. The induction of people employed by council, either in a paid capacity or as a volunteer, who work with children in any capacity, to ensure an understanding of council’s policy and associated procedures; 6. A Certificate for Self Employment from any contractor or self-employed person engaged by council; and, 7. The establishment of procedures that prevent the employment of Prohibited Persons in child-related employment and provide.

Policy review

The Current policy was due for review in the 2011/2012 financial year and resulted in the following amendments:

 Enhanced emphasis on organisation, management and individual accountability;

 Enhanced emphasis on the preventative measures that provide protection to children and young people accessing Council’s services;

 Alignment with current legislative and regulatory provisions.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.

POLICY IMPLICATIONS This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.

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CHILD PROTECTION POLICY (Cont.)

Child Protection Policy 2012

People and Performance Reports

CHILD PROTECTION POLICY

Child Protection Policy 2012

Meeting Date: 14 August 2012

Attachment No: 1

Number of Pages: 3

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CHILD PROTECTION POLICY (Cont.)

CHILD PROTECTION POLICY

Version: 2

Business Group: People and Performance

Responsible Officer: Executive Manager People and Performance

Date Approved:

Council Reference:

Policy Review Date: 2014

File Number: 130/1

Policy History

Version Date Approved Description of Changes 1 12/4/2005 Child Protection Policy 2 Update of legislation

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CHILD PROTECTION POLICY (Cont.) Policy Statement

Maitland City Council aims to provide a protective environment for children and young people using Council services and to comply with the requirements of the following legislative frameworks for the protection of children.

 Commission for Children and Young People Act 1998  Ombudsman Act 1974  Children and Young Persons (Care & Protection) Act 1998  Children’s Services Regulation 2004  Ombudsman Amendment (Child Protection and Community Services) Act 1998  Child Protection Legislation Amendment Act 2003

Council is committed to fulfilling its duty of care by ensuring that all employees act in the best interests of a child and take all responsible steps to ensure a child’s safety. The child protection legislation prohibits convicted sex offenders from working with children and broadens the checking of those who wish to work with children.

Objective

To ensure the spirit of the legislation is complied with Maitland City Council, as a public authority, will focus on preventative measures that provide protection to all children using its services.

This will be achieved through:

a. The establishment of systems for investigating allegations of child abuse that comply with the Ombudsman Amendment – Child Protection & Community Services Act 1998;

b. Processes for reporting allegations of child abuse that comply with the Child Protection Legislation Amendment Act 2003;

c. The inclusion of a duty for mandatory reporting for employees engaged in child related employment when there are reasonable grounds to suspect that a child or young person is at risk of harm, in accordance with the Children and Young Persons (Care and Protection) Act 1998;

d. Processes that ensure people employed by Maitland City Council in positions deemed to be child-related are not “Prohibited Persons” as defined in the Commission for Children and Young People Act 1998;

e. The induction of people employed by Maitland City Council, either paid capacity or as a volunteer, who work with children to ensure an understanding of Council’s policy and associated procedures;

f. A Certificate for Self Employment from any contractor or self-employed person engaged by Council; and,

g. The establishment of procedures and systems that prevent the employment of “Prohibited Persons” in child related employment, in accordance with the Commission for Children and Young People Act 1998.

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CHILD PROTECTION POLICY (Cont.) h. The establishment of policies, procedures and training that minimises the risk of false, vexatious or misconceived allegations being made against employees.

All staff at Council should be aware of and sensitive to, children with culturally diverse or indigenous backgrounds, and cultural practices without deviating from this policy, in line with the Anti-Discrimination Act 1977 and the principles of Equal Employment Opportunity.

Scope

This policy applies to all employees of Maitland City Council as well as contractors and volunteers. The child-related areas and positions are to be determined by the Child Protection Disclosures Officer. This Officer shall be the General Manager or his/her delegate.

Maitland City Council is registered with an approved screening agency, the NSW Commission for Children and Young People. All future employees who occupy child-related positions will be screened. Position Descriptions for such positions will clearly state that ‘prohibited persons’ are not eligible to apply.

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CHILD PROTECTION POLICY (Cont.)

Child Protection Policy 2005

People and Performance Reports

CHILD PROTECTION POLICY

Child Protection Policy 2005

Meeting Date: 14 August 2012

Attachment No: 2

Number of Pages: 2

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CHILD PROTECTION POLICY (Cont.)

CHILD PROTECTION POLICY

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CHILD PROTECTION POLICY (Cont.)

TABLE OF CONTENTS

POLICY STATEMENT ...... 3 OBJECTIVE ...... 3 SCOPE ...... 4

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CHILD PROTECTION POLICY (Cont.)

POLICY TITLE: CHILD PROTECTION POLICY

FILE NUMBER: 130/1

COUNCIL MEETING OF POLICY APPROVAL: 12 April 2005

PREPARED BY: Human Resources Division

DATE: March 2005

REVIEW DATE: March 2007

POLICY STATEMENT

Maitland City Council aims to provide a protective environment for children and young people using Council services and to comply with the requirements of the following legislative framework for the protection of children.

 Child Protection (Prohibited Employment) Act 1998  Commission for Children and Young Persons Act 1998  Ombudsman Act 1974  Children and Young Persons (Care & Protection) Act 1998  Children’s Services Regulation 2004  Ombudsman Amendment (Child Protection and Community Services) Act 1998  Child Protection Legislation Amendment Act 2003

Council is committed to fulfilling its duty of care by ensuring that all council employees act in the best interests of a child and take all responsible steps to ensure a child’s safety. The child protection legislation prohibits convicted sex offenders from working with children and broadens the checking of those who want to work with children.

OBJECTIVE

To ensure the spirit of the legislation is complied with Maitland City Council as a public authority will focus on prevention and response to:

Provide protection to all children using services of Maitland City Council by:

a. having systems in place for investigating allegations of child abuse complying with the Ombudsman Amendment – Child Protection & Community Services Act 1998

Maitland City Council will support all parties concerned in any investigation process by ensuring confidentiality and fairness and equity in its process.

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CHILD PROTECTION POLICY (Cont.)

b. providing processes for reporting allegations of child abuse complying with the Child Protection Legislation Amendment Act 2003

c. placing a duty of mandatory reporting on staff in child related employment when they have reasonable grounds to suspect that a child or young person is at risk of harm (Children and Young Persons (Care and Protection) Act 1998)

Maitland City Council does not currently have any mandatory reporters as prescribed by the legislation.

d. ensuring that people employed by Council to work in any capacity associated with the care of children or young people under 18 are not “Prohibited Persons” as defined in the Child Protection (Prohibited Employment) Act 1998

e. ensuring that policies and procedures exist to prevent the employment of “Prohibited Persons” in child related employment, as defined under the Child Protection (Prohibited Employment) Act 1998 and to provide systems of employment screening as per the Commission for Children and Young Persons Act 1998

f. ensuring that policies, procedures and training exist to minimise risk of false, vexatious and misconceived allegations to all employees of Maitland City Council.

All staff at Council should be aware of and sensitive to, children with culturally diverse or indigenous backgrounds, and cultural practices without deviating from this policy, in line with the Anti-Discrimination Act 1974 and the principles of EEO.

SCOPE

This policy applies to all employees of Maitland City Council as well as contractors and volunteers. The child related areas and positions are to be determined by the Child Protection Disclosures Officer. This Officer shall be the General Manager or his/her delegate.

Council is registered with an approved screening agency, the Commission for Children and Young People. All current and future employees who occupy child related positions will be screened and required to complete the Child Protection Policy Agreement. Advertisements for such positions will clearly state that ‘prohibited persons’ are not eligible to apply.

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15.4 Workplace Health & Safety Policy 2012 15.4 WORKPLACE HEALTH & SAFETY POLICY 2012

File No: 130/50 Attachments: 1. Work Health & Safety Policy 2012 2. Occupational Health & Safety Policy 2009 Responsible Officer: Clare Dunnicliff - Executive Manager People and Performance Author: Phillip Giakoumatos - Coordinator Work Health & Safety Maitland 2021 Outcome 19: A Council for now and future generations Council Objective: 19.3.2 To ensure workplace systems and processes are efficient and effective

EXECUTIVE SUMMARY

Maitland City Council is committed to providing a safe and Healthy workplace and will do all that is reasonably practicable to ensure it meets this commitment. Whilst specific accountabilities are assigned to individuals or groups across the organisation, workplace health and safety is a joint responsibility of the organisation, its employees and all other peopled deemed as workers under the Work Health and Safety Act 2011.

To ensure the success of this partnership Maitland City Council through it Safety Management System, will provide access to genuine mechanisms for consultation, appropriate workplace systems and practices, training and education, safe equipment and suitable personal protection.

OFFICER’S RECOMMENDATION

THAT The Occupational Health & Safety Policy 2009 be rescinded and replaced by the Work Health & Safety Policy 2012.

REPORT Changes to the New South Wales legislation have resulted in the need to review Council’s Occupational Health & Safety Policy. The objective of the review was to create a policy framework consistent with Council’s duty of care obligations and organisational and legislative requirements, and to provide all described under the framework with clear guidelines in relation to work health and safety.

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WORKPLACE HEALTH & SAFETY POLICY 2012 (Cont.) Policy review The current policy was due for review in the 2011/2012 financial year and resulted in the following amendments:  Revised wording and terminology, in line with the Workplace Health & Safety Act 2011.  Addition of due diligence requirements for persons deemed as Officers under the Act, such as the General Manager and Executive Management Team, to have this accountability as part of their role statement.  Provision for enhanced workplace consultation to ensure that work health and safety matters are genuinely and openly discussed and resolved and to encourage joint accountability for safe workplace behaviour. The policy forms the basis of Council’s Safety Management System and in turn informs a number of elements of Council’s employment relationship being job design, attraction and engagement, induction, organisation and talent development and performance management.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.

POLICY IMPLICATIONS The adoption of this policy will result in the current policy being rescinded.

STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.

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WORKPLACE HEALTH & SAFETY POLICY 2012 (Cont.)

Work Health & Safety Policy 2012

People and Performance Reports

WORKPLACE HEALTH & SAFETY POLICY 2012

Work Health & Safety Policy 2012

Meeting Date: 14 August 2012

Attachment No: 1

Number of Pages: 4

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WORKPLACE HEALTH & SAFETY POLICY 2012 (Cont.)

WORK, HEALTH & SAFETY POLICY

Version: 1

Business Group: People and Performance

Responsible Officer: Phillip Giakoumatos

Date Approved:

MCC Reference: Work, Health & Safety Policy

Policy Review Date: January 2014

File Number: 130/50

Policy History

Version Date Approved Description of Changes 2012

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WORKPLACE HEALTH & SAFETY POLICY 2012 (Cont.)

Policy Statement

Maitland City Council (MCC) is committed to providing a safe and healthy workplace through the management or elimination of conditions or hazards that could result in personal injury or ill health. MCC will do all that is reasonably practicable to ensure safe and healthy work practices through the provision of consultative mechanisms and open communication, appropriate workplace systems and practices, training and education program, safe equipment and suitable personal protection and the implementation of an integrated Safety Management System.

Maitland City Council considers that workplace health and safety is a joint responsibility between MCC, its employees and all other people deemed as workers as indicated in section 7 of the Work Health and Safety Act 2011.

Objectives The objectives of MCC’s Work, Health and Safety Policy are to:

 Ensure all workers have access to a safe and hazard free workplace;  Promote health and safety duty and implement strategies to raise organisation awareness with regards to this policy;  Ensure all workers who work on a MCC construction site hold, as a minimum, a general OHS Induction Certificate;  Ensure there are processes in place as far as reasonably practicable to consult, co- operate and coordinate activities in regards to workplace health and safety consultation;  Promote the appropriate use of personal protective equipment and ensure that it is maintained and used at all times to reduce the risk of injury;  Ensure risk assessments are conducted, and controls put in place for any work activities deemed to create a risk of injury;  Set objectives and targets that are measureable for workplace health and safety. This will assist in ensuring continuous improvement aimed at eliminating work related illness and injury. MCC’s performance against these targets will be regularly reviewed;  Ensure all individuals described in the scope of this policy where reasonably practicable demonstrate a health and safety duty in respect to workplace health and safety including MCC’s policies, practices and procedures;  Create and maintain a safety culture whereby all workers acknowledge, enact, support and champion the principles of work place health and safety;  Ensure the early reporting of accidents, incidents and hazards to enable MCC to act proactively in investigating, managing and controlling risk;  Enable workers to have access to competent supervision and training in regards to workplace health and safety; and;  Encourage the reporting of behaviour which breaches MCC’s Workplace Health and Safety Policy.

Scope This policy, applies to all personnel deemed as workers as indicated in section 7 of the Work Health and Safety Act 2011. This includes MCC employee’s including permanent, temporary and casual employees and extends to cover all other people such as contractors or subcontractors, an employee of a labour hire company, an outworker, an apprentice or trainee, a work experience student; and a volunteer. This policy also extends to cover visitors.

Relevant Legislation Workers Compensation Act (1987) Workplace Injury Management and Injury Management Act (1998) Work, Health and Safety Act (2011)

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WORKPLACE HEALTH & SAFETY POLICY 2012 (Cont.) Work Health and Safety Regulation (2011) Local Government Act 1993 (NSW) Industrial Relations Act 1996 (NSW) Workplace Relations Act 1996 (Cth)

Related Policies/Procedures/Protocols Safety Management System and associated procedures

Responsibilities Maitland City MCC has a health and safety duty where reasonably practicable to ensure the health, safety and welfare of all it workers including visitors. In meeting this obligation the following responsibilities have been identified.

General Manager & Executive Leadership Team (Officers) . Ensure the policy framework promotes a safe and healthy place to work, for all persons described in the scope of this policy; . Take action to ensure due diligence in providing and maintaining safe and healthy working conditions; . Ensure appropriate mechanism for consultation with the workers who carry out work for MCC who are likely to be directly affected by a matter related to workplace health and safety; . Provide assistance and support to MCC’s health and safety consultative processes; . Model appropriate workplace safety behaviours; . Ensure the implementation and support of MCC’s safety management system.

Managers, Coordinators and Team Leaders . Model appropriate workplace safety behaviours and monitor the work environment to ensure acceptable standards of behaviour are observed at all times; . Participate in workplace inspections to ensure employees are working in a safe environment and in accordance with MCC’s safety management plans, procedures and practices; . Ensure prompt notification of accident, incidents or hazards and investigation; . Where identified take corrective or preventative action to eliminate or mitigate hazards or risks; . Ensure the appropriate use of all safety and personal protective equipment; . Ensure employees and workers are aware of and understand MCC’s Workplace Health and Safety policy and associated plans, protocols and procedure; . Provide assistance and support to MCC’s health and safety consultative processes

Employees . Ensure individual behaviour complies with MCC’s Workplace Health and Safety Policy so that it does not endanger or put at risk the health, safety or well-being of the individual or any other person in the workplace or community; . Ensure that individual actions or behaviours do not intentionally or irresponsibly interfere with or result in the misuse of MCC’s property or equipment provided in the interest of health, safety and welfare; . Ensure the prompt notifications of accident, incident or hazards; and, . Ensure the appropriate use and maintenance of personal protective clothing and equipment.

Work Health and Safety Consultation Work health and safety consultation requirements are clearly defined under Division 2 Consultation with workers of the Work Health and Safety Act 2011. Section 48 (Nature of Consultation) requires that:  Relevant information is shared with workers and

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WORKPLACE HEALTH & SAFETY POLICY 2012 (Cont.)  Workers are given reasonable opportunity to: o Express their views and to raise work health or safety issues o Contribute to the decision making process  That the views of workers are taken into account by the MCC and  If the workers or group of workers are represented by a Health and Safety Representative, consultation must involve that representative

To ensure the objectives of this policy are achieved, MCC through the safety management system will support ongoing work health and safety consultation. Methods used for consultation will be discussed with the relevant workers and agreed upon by them. Consultation in regards to work health and safety may be undertaken via one or a combination of the following:  Toolbox talks  Staff meetings  Health & Safety Representatives if requested by workers  Health & Safety Committees if requested by workers

Signed

……………………………. ………………………….. DAVID EVANS WORKER REPRESENTATIVE GENERAL MANAGER

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WORKPLACE HEALTH & SAFETY POLICY 2012 (Cont.)

Occupational Health & Safety Policy 2009

People and Performance Reports

WORKPLACE HEALTH & SAFETY POLICY 2012

Occupational Health & Safety Policy 2009

Meeting Date: 14 August 2012

Attachment No: 2

Number of Pages: 4

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WORKPLACE HEALTH & SAFETY POLICY 2012 (Cont.)

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WORKPLACE HEALTH & SAFETY POLICY 2012 (Cont.)

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Items for Information 16 ITEMS FOR INFORMATION

16.1 ClubGRANTS funding round - Dispersment of funds 16.1 CLUBGRANTS FUNDING ROUND - DISPERSMENT OF FUNDS

File No: 29/32 Attachments: Nil Responsible Officer: Bernie Mortomore - Executive Manager Planning, Environment and Lifestyle Lynn Morton - Manager Community and Recreation Services Mary Dallow - Community Planning Coordinator Author: John Roberts - Community Planner Maitland 2021 Outcome 1: Sense of place and pride Council Objective: 1.4.3 To ensure the local community’s social needs are addressed

EXECUTIVE SUMMARY

On June 28 the local ClubGRANTS committee members met and agreed on the disbursement of available funds from the ClubGRANTS [previously known as CDSE] funding round 2012.

The Committee Adopted the use of the SmartyGrants online application, evaluation and reporting system.

OFFICER’S RECOMMENDATION

THAT the information contained in this Report be noted.

REPORT

Five Local clubs participated in the 2012 round of the NSW ClubGRANTS funding program: Maitland District Leagues Club, Maitland City Bowling Club, Telarah Bowling Club, East Maitland Bowling Club and East Leisure and Golf Club.

The total funds available for 2012 were $57,000 up from $37,300 in the 2011 CDSE round.

There were fifty-five (55) applications received within the timeframe, forty (40) of which made it to the final round. A total of $348,579 was requested with $57,000 allocated.

ClubGRANTS [SmartyGrants] on line system was introduced for the 2012 funding round. This resulted in a higher than usual workload for Council staff. However, the result was a smooth and efficient process, which will streamline future rounds now that systems are in place. Review of the submissions and

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CLUBGRANTS FUNDING ROUND - DISPERSMENT OF FUNDS (Cont.) reporting aspects of the system remains the preferred method of processing these Community grants by ClubsNSW.

All legislative requirements have been conformed with and the final activity is the cheque presentation at the East Maitland Bowling Club on Thursday 16th August 2012 commencing at 5.30pm.

Below is a table of the successful applicants.

Maitland Maitland East District City Telarah Maitland Ea sts Funding Alloc. Leagues Bowling Bowling Bowling Leisure & Exact Name of Organisation* Project Name* sought TOTALS Club Club Club Club Golf Club Beacon Foundation Polish student skills ready for initial 5,000.00 5,000.00 1,000.00 2,000.00 1,000.00 1,000.00 0.00 employment. UCA Maitland Uniting Church MUNCH Program 6,000.00 1,500.00 1,500.00 0.00 0.00 0.00 0.00

St John Ambulance Australia (NSW) Purchasing Defibrillators 1,980.00 1,980.00 0.00 1,000.00 480.00 0.00 500.00 CAMP QUALITY LIMITED Camp Quality Junior Camp 11,050.00 5,000.00 1,000.00 3,000.00 0.00 1,000.00 0.00

Cerebral Palsy Alliance ‘Hey Mums Hey Dads’ parent support 6,589.00 3,000.00 0.00 2,000.00 0.00 1,000.00 0.00 program and iPAD technology for disability assessment and therapy

Maitland Neighbourhood Centre Inc. Volunteers Appreciation Night 2,000.00 2,000.00 500.00 500.00 500.00 0.00 500.00

Hunter Prostate Cancer Alliance HPCA Outreach Vehicle 25,029.91 4,000.00 0.00 3,000.00 0.00 1,000.00 0.00

Life Education Australia Life Education Adopt a Class 1,800.00 1,800.00 500.00 500.00 300.00 500.00 0.00 Leukaemia Foundation The Leukaemia Foundation Patient 3,750.00 3,000.00 0.00 2,000.00 0.00 1,000.00 0.00 Transport Service Program

St Vincent De Paul Maitland St Vincent De Paul, Maitland 10,000.00 4,000.00 1,000.00 2,000.00 0.00 0.00 1,000.00

Autism Spectrum Australia (Aspect) Classroom fit out for the new Aspect 17,669.00 3,000.00 0.00 2,000.00 0.00 1,000.00 0.00 Hunter School for children with autism spectrum disorders Early Links Inclusion Support Service Wriggle, Jiggle, Roll and Sit – Sensory 14,376.00 4,740.00 0.00 2,000.00 1,240.00 1,500.00 0.00 Processing Tool Kit St Paul's Primary School Rutherford Train trainers to deliver 'Rock and 9,980.00 6,000.00 0.00 5,000.00 0.00 1,000.00 0.00 Water' program especially to boys, developing responsibility, maturity, and social competancies resulting in self confidence, knowledge, respect and boundary awareness. Harry Meyn Foundation Ltd Harry's House 13,720.00 7,980.00 1,000.00 3,000.00 980.00 3,000.00 0.00 Camp Breakaway Inc Weekend Respite Camp for Children 8,496.00 4,000.00 1,000.00 2,000.00 0.00 1,000.00 0.00 with High Medical Needs & their families

137,439.91 57,000.00 7,500.00 30,000.00 4,500.00 13,000.00 2,000.00

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16.2 Preliminary 2011 census results 16.2 PRELIMINARY 2011 CENSUS RESULTS

File No: 132/10 Attachments: 1. 2011 Preliminary Census Data Responsible Officer: Bernie Mortomore - Executive Manager Planning, Environment and Lifestyle Lynn Morton - Manager Community and Recreation Services Author: Mary Dallow - Community Planning Coordinator Maitland 2021 Outcome 18: An efficient and effective Council Council Objective: 18.2.1 To maintain effective and appropriate systems to ensure decision-making is transparent, accessible and accountable

EXECUTIVE SUMMARY

In August 2011 an Australian census was conducted. Initial information was released in June 2012 and will continue to be released for 6 months.

Below is a summary of the information that has been released so far.

OFFICER’S RECOMMENDATION

THAT the information contained in this Report be noted.

REPORT

People

In August 2011 an Australian census on Population and Housing was conducted. Initial information was released in June 2012 and will continue to be released until December 2012.

Below and attached are the first results published by the Australian Bureau of Statistics from the 2011 Australian census.

Comparative (ABS) data between Maitland and the Lower Hunter is not yet in a comparable form and will be included in a more comprehensive document once all census data is released in December 2012.

In the Maitland LGA in the 2011 Census, preliminary results are available in the following areas.

Population Size

1. The 2011 census reported a nine (9) percent increase from 2006 giving Maitland a population total of 67,478 people. Of these 48.9% were male and 51.1% were female.

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PRELIMINARY 2011 CENSUS RESULTS (Cont.)

2. The median age was 36 years. Children aged 0 - 14 years made up 22.0% of the population and people aged 65 years and over made up 12.7% of the population.

Education

In Maitland LGA 30.4% of people were attending an educational institution. Of these, 30.7% were in primary school, 23.1% in secondary school and 18.1% in a tertiary or technical institution.

Religion

The most common responses for religion in Maitland LGA were Anglican 28.9%, Catholic 28.9%, No Religion 15.8%, Uniting Church 6.4% and Presbyterian and Reformed 3.7%.

Ancestry

In the Maitland LGA in the 2011 Census:

1. The most common ancestries were Australian 35.0%, English 32.1%, Irish 8.2%, Scottish 7.1% and German 3.6%.

2. Eighty seven point eight per cent (87.8%) of people were born in Australia. The most common countries of birth were England 2.0%, New Zealand 1.0%, Germany 0.4%, South Africa 0.4% and Philippines 0.4%.

3. Eighty point four per cent (80.4%) of people had both parents born in Australia and 10.4% of people had both parents born overseas.

4. Ninety three point two per cent (93.2%) of people only spoke English at home. Other languages spoken at home included Cantonese 0.2%, German 0.2%, Polish 0.2%, Afrikaans 0.2% and Tagalog 0.1%.

Family composition

In the Maitland LGA in the 2011 Census:

1. Forty six point one per cent (46.1%) were couple families with children, 35.7% were couple families without children and 17.1% were one parent families.

2. Seventeen point two per cent (17.2%) of single parents were male and 82.8% were female.

Dwellings

In the Maitland LGA in the 2011 Census:

1. In Maitland (C) (Local Government Areas), 93.7% of private dwellings were occupied and 6.3% were unoccupied.

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PRELIMINARY 2011 CENSUS RESULTS (Cont.)

2. Of occupied private dwellings 88.2% were separate houses, 6.2% were semi- detached, row or terrace houses, townhouses etc., 4.9% were flats, units or apartments and 0.7% were other dwellings.

3. Of occupied private dwellings 3.0% had 1 bedroom, 12.1% had 2 bedrooms and 44.3% had 3 bedrooms. The average number of bedrooms per occupied private dwelling was 3.3. The average household size was 2.7 people.

4. Of occupied private 30.9% were owned outright, 39.7% were owned with a mortgage and 26.8% were rented.

Family Composition

Of all households, 76.1% were family households, 21.5% were single person households and 2.4% were group households.

Household Income

Twenty two point six per cent 22.6% of households had a weekly household income of less than $600 and 10.9% of households had a weekly income of more than $3,000.

House Payments

1. The median weekly rent was $259. There were 8.7% of all households, in this area, that were renting with more than 30.0% of their income being paid in rent.

2. The median monthly mortgage repayment was $1,733. There were 8.6% of all households, in this area, that were home owners with more than 30.0% of their income being paid in mortgage repayments.

Registered Motor Vehicle

Thirty one point nine per cent (31.9%) of occupied private dwellings had one registered motor vehicle garaged or parked at their address, 39.7% had two registered motor vehicles and 19.0% had three or more registered motor vehicles.

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PRELIMINARY 2011 CENSUS RESULTS (Cont.)

2011 Preliminary Census Data

Items for Information

PRELIMINARY 2011 CENSUS RESULTS

2011 Preliminary Census Data

Meeting Date: 14 August 2012

Attachment No: 1

Number of Pages: 15

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PRELIMINARY 2011 CENSUS RESULTS (Cont.)

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16.3 Hunter Resource Recovery - Tender Outcome 16.3 HUNTER RESOURCE RECOVERY - TENDER OUTCOME

File No: 61/26/1 Attachments: Nil Responsible Officer: Bernie Mortomore - Executive Manager Planning, Environment and Lifestyle Author: David Simm - Manager Development & Environment Maitland 2021 Outcome 8: Managing the environment and natural resources Council Objective: 8.2.1 To reduce the reliance on landfill by increasing avoidance, resource recovery, waste minimisation and community education

EXECUTIVE SUMMARY

This report is presented for information following the adoption by all member Councils of Hunter Resource Recovery (HRR) to enter into a new contract for the provision of a kerbside dry recyclable collection service with Solo Waste Pty Ltd.

This contract will commence on the 1st July 2013 and will deliver greater service options at a significantly reduced cost for Maitland residents.

OFFICER’S RECOMMENDATION

THAT the information contained in this Report be noted.

REPORT

Council will recall that it considered on the 26th June 2012, the outcomes of a call for tenders for the provision of a new kerbside dry recyclables collection service to commence on the 1st July 2013. At the time of considering that report limited publically available information was released and in particular the name of the successful tenderer and cost savings that were elicited from the tender process were not included. This was to allow all 4 member Councils to consider individual reports before HRR could enter the contract on behalf of its members.

Following acceptance of the assessment process and terms of the tenderers each member Council of HRR (Cessnock, Lake Macquarie, Maitland and Singleton) has resolved to proceed to have HRR enter the contract. As such it can be confirmed that Solo Waste Pty Ltd provided the successful bid.

The highlights of the Solo bid include a saving to the members of HRR of $29 million over the life of the contract, a Materials Recovery Facility to be commissioned in the service area (local job creation), vehicle carbon emissions offsets, continued supply of eWaste containers at each of the members landfill sites, provision of containers and staff to conduct regular eWaste drop off days, and a cash contribution to the eWaste service.

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HUNTER RESOURCE RECOVERY - TENDER OUTCOME (Cont.) In scoping the tender HRR considered the need to increase recyclables capture to further reduce waste to landfill. In so doing additional product offers will be made to the community to suit individual householder needs. Included will be the removal of the current bin divider, choice of bin sizes (current 240 litre will be default size) and a newly focussed education plan. The roll out of the education plan will commence 6 months before service commencement as will the removal of the bin dividers from the current in service MGB’s.

In summary the awarding of this contract for the next 10 years will see the cost of service for each rateable property in Maitland reduce by $24.20 per annum when compared to the current service charge, provide greater choice in respect to capacity needs and help reduce waste to landfill which will have direct impact on reducing the financial liability for the State waste levy and the federal carbon tax.

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16.4 Councillor Motions 16.4 COUNCILLOR MOTIONS

File No: 35/61 Attachments: Nil Responsible Officer: Graeme Tolhurst - Executive Manager Corporate Services Author: Nicole Kelly - Team Leader Information Services Maitland 2021 Outcome 18: An efficient and effective Council Council Objective: 18.2.1 To maintain effective and appropriate systems to ensure decision-making is transparent, accessible and accountable

EXECUTIVE SUMMARY

The following report details the current status of Councillor motions which are currently being actioned by Council Officers.

OFFICER’S RECOMMENDATION

THAT the information contained in this Report be noted.

REPORT

See attached report.

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COUNCILLOR MOTIONS (Cont.)

Letters sent sent Letters Response J from received Fitzgibbon Letters sent to relevant (1) one landownerswith response received will be letter follow-up A out sent sent Letter sent Letter Scheduled for for Scheduled investigation completed Investigation to being presented Report meeting 14/8/12. underway Investigation Parker and the Federal Member Joel Fitzgibbon to support a support to Fitzgibbon Joel Member Federal and the Parker Maitland in the as identified Bypass, Intercity Maitland urgently. Study, Land Use and Transport Integrated parks in car selected have moves to instigate Council 1. space parking electronic indicate to Maitland, Central numbers. vacancy car private selected owners of liaise the Council with 2. car time electronic real of advantage the parks indicating business. their to indicators vacancy park Council. to back be bought report A 3. to MP Fitzgibbon Joel Member Federal and the MP Parker Roads and for Minister NSW the a meeting with arrange Councillors as a Ward West and three Services Maritime New the of discuss to development the urgency of matter from lane Highway four a continuous into Highway England Lochinvar. west of the to Rutherford into Highway New England the lane from turning urgency. of as a matter Rutherford Road, Aberglasslyn available including approximate costs that would assist costs that in approximate including available road width half 250 metres of making approximately for safer Aberglasslyn Drive, Park on Denton construction 1064493. DP users 144, Lot opposite motorists and footpath placing to a view with make Ausgrid Council enquiries of 1. Maitland lines power in High Street overhead the rail overhead the to Drive Tubman Ken from underground bridge. as Council of a result to back be bought a report That 2. enquiries. pedestrian crossing in North Mall Street, Rutherford at the the at Rutherford Street, Mall crossingpedestrian in North Building Greater the between Centre Shopping Rutherford Mall North opposite side on the of way walk and the Society Street, Rutherford. day. is 100’s people every of usedThis location by 140/11 a of installation the investigate Council City “Maitland THAT 222/417 Robyn Maitland for Member State on the call Council THAT the 222/416 extend to (RTA) RMS request Council City Maitland THAT 222/988 options Council to and report investigate staff Council THAT COUNCILLOR MOTIONS REPORT MOTIONS COUNCILLOR ENGLAND HIGHWAY LOCHINVAR TO FROMRUTHERFORD HIGHWAY INTO ABERGLASSLYN ROAD Street Crossing Mall Pedestrian in North Rutherford Park Drive, Aberglasslyn Aberglasslyn Drive, Park ITEM NO. SUBJECT NO. FILE COUNCIL RESOLUTION STATUS CURRENT DATE OF MEETING 10/04/2012 15.3 Bypass Intercity Maitland 122/2 Robyn Member State the to write Council City Maitland THAT 10/04/2012 15.2 Maitland in Central Parking Car 24/04/2012 103/4 17.2 THAT NEW THE OF DEVELOPMENT 24/04/2012 17.3 ENGLAND NEW FROM LANE TURNING 22/05/2012 17.1 of Installation - Motion of Notice 12/06/2012 17.1 on Denton safety improve to Options 26/06/2012 17.1 Maitland lines Power in High Street 222/273 THAT

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COUNCILLOR MOTIONS (Cont.)

Item1& 2 Completed. 2 Completed. Item1& City of 3 Review Item Youth / Skate Wide Spaces underway brief propose to quarter Councillors first 2012. has been held. Briefing Officer Council Following Youth of review internal Plan Management Space to amendments referred finalisation for consultant to report anticipate 2012. July Council held 29 May Briefing process now in the 2012, information. further of will be prepared Report new the submittedand to 2012. in October Council will be matter The the into incorporated to report waste strategy newly the to be presented should It Council. elected the that be noted the comments by Manager Executive this NOM responding to questionsanswered the and subsequently put the in adopting resolved NOM. 1. Council investigates the possibilities the establishingof a investigates Council 1. higher of and assisting construction for the providing policy housing cost lower density incentive develop to council for opportunities Identify 2. section or fees and / schemes possibleof the with reduction 94 contributions identify to industry development the with Engage 3. the commercial solutions will facilitate which policy the implementation of policies / government state and local both Review 4. needing amendmentplanning to if makerepresentations fruition. to policy the bring waste varying the identifies that a report for call Council regional at in place currently management practices recycling various shouldthe include report This landfills. help minimise to waste available to are that opportunities newly the before shouldbe brought Thisreport landfill. its consideration. for Council elected on all council to a report provide Manager General The 1. of reduction the for council possible to options available Site; Waste Vincent Mt the methane gas at implement can any council if and those options are What 2. impostcost tax huge carbon the reduce those optionsto of millionbudget); dollars2012/2013 in ($2.2 ratepayers our on possible on the methanesale gas expand of to report The 3. such a venture and if grid electricity for power generate financially; council benefit would for tenders of calling the for one exists if opportunity The 4. commercial methane gas uses; of for and extraction the reducing of option’ ‘burning the in is involved What 5. payments. tax methane gas and carbon 1. Council assess the existing skate facilities at Woodberry Woodberry at assess Council facilities skate 1. existing the facility. the improving options for investigate and meeting in first the by Council to back be brought report A 2. the of progress outcome the / of 2010advising March estimates, cost works, potential including investigation options. and partnership funding detailing 2010 late by Council to back be brought report A 3. report The LGA. Maitland in the parks skate all status fo the any) recommendedlocations (if future potential is include to (if existing at provided seating and garbage's numberand of any). P44197 THAT 101/16/3 THAT: COUNCILLOR MOTIONS REPORT MOTIONS COUNCILLOR SKATE PARK SKATE Waste Site ITEM NO. SUBJECT NO. FILE COUNCILRESOLUTION CURRENT STATUS DATE OF OF DATE MEETING 10/05/2011 15.1 Low Cost Housing HighDensity 103/4 THAT 10/07/2012 17.1 Facilities Waste of tour Coach 10/07/2012 17.2 P44197 THAT Vincent Mt Gasat Methane of Reduction 19/01/2010 15.2 WOODBERRY - MOTION OF NOTICE

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COUNCILLOR MOTIONS (Cont.)

Executive Manager Manager Executive & Environment Planning Lifestyle to draft letters to utility relevant the local and the authorities mebers of State & Federal Parliament. for prepared Letter Local NSW sending the to and Shires Government Association. Investigation undertaken undertaken Investigation concept preliminary & A Council. to provided be arranged meeting to Roads Maritime with & on preferred Services of type & location structure. advertising Report is being presented Report Meeting. this Council to Completed. 1. That Council write to the utility providers in new providers utility the to write Council That 1. legislation changes to for support seekingsubdivision their new before and operational in place are ensure services to occupation. for homes and ready completed are Mr. Parliament of Members Federal our to write Council 2. and State Baldwin, Bob and Mr. MP Fitzgibbons Joel of changing the help with for MP Parker Hon Robyn Member, LGA home Maitland new in the every so legislation that the new their into when moving has connected all utilities homes. its support expressing and Shires Associations Government Environmental the of S96 of provisions the of review the for ensure that to 1979, and AssessmentPlanning Act, consents: development of modification original the from different substantially not Are 1. and development; limited in number successive modifications where Are 2. or expansion additions, in incremental result to likely are original the of scale and density increase in the development. highway signage to indicate and promote what's on in what's and promote indicate signage to highway Maitland A report be prepared into preferred locations, cost estimates, cost locations, preferred into be prepared report A Maitland” to “Welcome erect and recommended plan to to given priority with LGA, the to point entry each signage at roads. trafficked higher 133/1 THAT 139/30 possible the of installation investigates Council THAT 139/26 THAT COUNCILLOR MOTIONS REPORT MOTIONS COUNCILLOR Council HIGHWAY SIGNAGE - WHAT'SMAITLAND ON IN MAITLAND SIGN ITEM NO. SUBJECT NO. FILE COUNCIL RESOLUTION STATUS CURRENT DATE OF MEETING 9/11/2010 15.2 FOR REQUEST - MOTION OF NOTICE 10/07/2012 17.3 by Off Sign Certificate Subdivision 24/07/2012 17.1 Provisions S96 of Review 133/1 Local NSW the to write Council City Maitland THAT 22/11/2011 15.1 TO WELCOME - MOTION OF NOTICE

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16.5 Local Traffic Committee Meeting July 2012 Minutes 16.5 LOCAL TRAFFIC COMMITTEE MEETING JULY 2012 MINUTES

File No: 140/5 Attachments: 1. Local Traffic Committee Meeting July 2012 Minutes Responsible Officer: Chris James - Executive Manager Appearance and Infrastructure Stephen Hawes - Manager Infrastructure Planning and Development Engineering Scott Henderson - Infrastructure Planning Engineer Author: Kenneth Splatt - Traffic Officer Maitland 2021 Outcome 5: Moving around our City Council Objective: 5.1.3 To provide safe and effective transport infrastructure

EXECUTIVE SUMMARY

The minutes of Maitland City Council’s Local Traffic Committee Meeting held Thursday 5 July 2012, are attached for Council’s information. These minutes were presented for adoption at the Local Traffic Committee Meeting held Thursday 2 August 2012.

OFFICER’S RECOMMENDATION

THAT the information contained in this Report be noted.

REPORT

The minutes of Maitland City Council’s Local Traffic Committee Meeting held Thursday 5 July 2012, are attached for Council’s information. These minutes were presented for adoption at the Local Traffic Committee Meeting held Thursday 2 August 2012.

The General Manager is authorised to approve any regulatory item contained within these minutes under Council’s Instrument of Delegation, dated 25 August 2009.

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LOCAL TRAFFIC COMMITTEE MEETING JULY 2012 MINUTES (Cont.)

Local Traffic Committee Meeting July 2012 Minutes

Items for Information

LOCAL TRAFFIC COMMITTEE MEETING JULY 2012 MINUTES

Local Traffic Committee Meeting July 2012 Minutes

Meeting Date: 14 August 2012

Attachment No: 1

Number of Pages: 4

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LOCAL TRAFFIC COMMITTEE MEETING JULY 2012 MINUTES (Cont.)

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LOCAL TRAFFIC COMMITTEE MEETING JULY 2012 MINUTES (Cont.)

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LOCAL TRAFFIC COMMITTEE MEETING JULY 2012 MINUTES (Cont.)

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16.6 Code of Conduct Complaint Reporting 16.6 CODE OF CONDUCT COMPLAINT REPORTING

File No: 35/47 Attachments: Nil Responsible Officer: Graeme Tolhurst - Executive Manager Corporate Services Author: Teressa Chadwick - Coordinator Information & Business Services Maitland 2021 Outcome 18: An efficient and effective Council Council Objective: 18.2.1 To maintain effective and appropriate systems to ensure decision-making is transparent, accessible and accountable

EXECUTIVE SUMMARY

In accordance with clause 12.34 of Council’s Code of Conduct this information report is to inform Council of the number, nature and outcome of any Code of Conduct complaints received by Council for the reporting period 1 July 2011 – 30 June 2012. It should be noted that there were no code of conduct complaints received by Council for this reporting period.

OFFICER’S RECOMMENDATION

THAT the information contained in this Report be noted.

REPORT

Council is required under clause 12.34 of the Code of Conduct to report annually to Council on the number, nature and outcome of code of conduct complaints received by Council during the reporting period 2011/2012.

It should be noted that the total number of Code of Conduct complaints received by Council for this reporting period is nil.

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Notices of Motion/Rescission 17 NOTICES OF MOTION/RESCISSION

17.1 TRAFFIC CONGESTION AT THE ROUNDABOUTS ON THE NEW ENGLAND HIGHWAY, RUTHERFORD 17.1 TRAFFIC CONGESTION AT THE ROUNDABOUTS ON THE NEW ENGLAND HIGHWAY, RUTHERFORD

NOTICE OF MOTION SUBMITTED BY CLR HENRY MESKAUSKAS

File No: 222/417 Attachments: Nil Responsible Officer: David Evans - General Manager Chris James - Executive Manager Appearance and Infrastructure

Clr Henry Meskauskas has indicated his intention to move the following Notice of Motion at the next Council Meeting being held on Tuesday 14 August, 2012:

THAT Council write to the State Member for Maitland Robyn Parker MP and the Federal Member for Maitland Joel Fitzgibbon MP to arrange a meeting with the Roads and Marine Services and a Maitland City Council delegation to discuss a study to be conducted by the RMS regarding the traffic congestion at the roundabouts at Racecourse Road Rutherford / Denton Park Drive and Shipley Drive / Anambah Road on the New England Highway, Rutherford.

NOTES BY CLR HENRY MESKAUSKAS

1. With the increase of industrial, retail and residential development taking place on the both sides of the New England Highway through the Rutherford area this has created traffic delays and especially during peak periods of the day. Seven days a week.

2. Traffic is building up on both sides of the two roundabouts and delays are happening every day.

3. With the previous notice of motions for the four lanes in that area plus the Maitland Inter City Bypass when completed with alleviate the problem.

RESPONSE BY EXECUTIVE MANAGER APPEARANCE AND INFRASTRUCTURE

Council has recently considered two (2) Notices of Motion regarding the New England Highway. Both matters were actioned in accordance with Council’s resolution. Council is still awaiting a response to the Notice of Motion of 24 April 2012.

From the responses received to date, it is clear that the State and Federal Governments will be reluctant to commit to any action on the New England Highway until the impacts of the Hunter Expressway are known. The expressway is on schedule to be opened in late 2013.

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TRAFFIC CONGESTION AT THE ROUNDABOUTS ON THE NEW ENGLAND HIGHWAY, RUTHERFORD (Cont.) The following summarises the correspondence and responses received to date regarding the New England Highway.

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TRAFFIC CONGESTION AT THE ROUNDABOUTS ON THE NEW ENGLAND HIGHWAY, RUTHERFORD (Cont.) Notice of Motion 10 April 2012

At it’s meeting of 10 April 2012, a Notice of Motion was put to Council regarding the “Maitland Intercity Bypass”.

Council resolved that Maitland City Council write to State Member Robyn Parker and Federal Member Joel Fitzgibbon to support a Maitland Intercity Bypass, as identified in the Maitland Integrated Land Use and Transport Study (MILUTS), urgently.

Correspondence was forwarded to both the State and Federal Members on 27 April 2012. Responses were received by both parties advising the following:

- Federal Member, Joel Fitzgibbon, advised that the Hunter Expressway is expected to have a significant impact on traffic movements through Maitland. The Roads and Maritime Services (RMS) will be reluctant to undertake a study until the impacts of the Expressway are better understood. Progressing the idea will require an assessment by the NSW Government’s RMS. If an RMS study were to support the concept, a proposal could be put to both the NSW and Commonwealth Governments for funding. Federal Member, Joel Fitzgibbon, would be very happy to support any such application. He also advises that Council ensures it has the support of Robyn Parker.

- State Member, The Hon Robyn Parker MP, advised that representations had been made on Council’s behalf to the Hon Duncan Gay MLC, Minister for Roads and Ports. The response advised that the Hunter Expressway, which is currently under construction, will adequately serve as an outer bypass of Maitland. The Hunter Expressway is expected to offer a substantial reduction in travel time between Newcastle and the Hunter Valley, fewer heavy vehicles passing through towns on the New England Highway and reduced traffic congestion on the Highway between Weakleys Drive and Branxton.

Notice of Motion 24 April 2012

At it’s meeting of 24 April 2012, a Notice of Motion was put to Council regarding the “Development of the New England Highway from Rutherford to Lochinvar”.

Council resolved to call on State Member for Maitland Robyn Parker MP and the Federal Member Joel Fitzgibbon MP to arrange a meeting with the NSW Minister for Roads & Maritime Services and three (3) West Ward Councillors as a matter of urgency to discuss the redevelopment of the New England Highway into a continuous four (4) lane Highway from Rutherford to the west of Lochinvar.

Correspondence was forwarded to Robyn Parker MP on 11 May 2012 requesting her office liaise with the NSW Minister for Roads & Maritime Services with a view to provide Council with possible meeting dates and times. On receiving available dates, Council will then contact Federal Member Joel Fitzgibbon and the required delegates and Councillors to confirm a suitable time for the meeting.

Council is still waiting for a response from the office of Robyn Parker MP regarding this meeting.

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17.2 THE BLOCK AND MASTERCHEF COMPETITION WINNERS 17.2 THE BLOCK AND MASTERCHEF COMPETITION WINNERS

NOTICE OF MOTION SUBMITTED BY CLR HENRY MESKAUSKAS

File No: 35/51 Attachments: Nil Responsible Officer: David Evans - General Manager Graeme Tolhurst - Executive Manager Corporate Services

Clr Henry Meskauskas has indicated his intention to move the following Notice of Motion at the next Council Meeting being held on Tuesday 14 August, 2012:

THAT Council write to The Block 2012 winners Lara Welham and Brad Cranfield and the Australia’s new Master Chef Andy Allen congratulating them on there high honour of winning there competitions on behalf of Maitland City Council and the Maitland residents expressing how proud we are of them.

NOTES BY CLR HENRY MESKAUSKAS

It is great to live in Maitland and the publicity Maitland received over Australia.

RESPONSE BY EXECUTIVE MANAGER CORPORATE SERVICES

Congratulatory letters can be sent to The Block 2012 and MasterChef 2012 winners.

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Questions With Notice 18 QUESTIONS WITH NOTICE

18.1 MASTERPLAN FOR PORTER PLACE PARK IN LOCHINVAR 18.1 MASTERPLAN FOR PORTER PLACE PARK IN LOCHINVAR

SUBMITTED BY CLR PHILIP PENFOLD

File No: P21631 Attachments: Nil Responsible Officer: David Evans - General Manager

Clr Philip Penfold has asked the following Question With Notice for the Council Meeting being held on Tuesday 14 August, 2012:

What is the status of the proposed masterplan for Porter Place park in Lochinvar? Is it likely to be able to accommodate a relocation of the war memorial pillars?

RESPONSE BY EXECUTIVE MANAGER PLANNING, ENVIRONMENT & LIFESTYLE A preliminary Draft Plan of Management has been prepared which supports the future provision of the War Memorial Pillars being located on a portion of Porter Place, Lochinvar. The Draft Plan of Management does not deal with land held by the Crown i.e. the School of Arts Hall and single tennis court. Running in parallel with the preparation of the Draft Plan of Management is the preparation of the Section 94 Developer Contribution Plan for the Lochinvar Release Area. The Section 94 Developer Contribution Plan will in part:  Identify the community facilities and open space required by the incoming population (estimated at 15,000)  Determine the future level of provision of community facilities and open space that are the reasonable responsibility and / or interest of Council.

Preparation of open space provision for the s94 Contribution Plan albeit preliminary, does recommend a reduction and disposal of a portion of Porter Place and the disposal of the single tennis court held by Council. In the future planning for Lochinvar it is proposed that the tennis courts would be clustered at the proposed district open space site and incorporate a future six court complex.

Similarly whilst preliminary, the Community Facilities and Services Strategy will recommend the retention of a portion of Porter Place as a general traveller’s rest stop. It would be categorised as a significant site under the Local Government Act serving the existing population and accommodate the War Memorial Pillars. A future community facility (community centre and library) would be linked to the commercial neighbourhood precinct and district open space parcel. The future of the School of Arts Hall would be a matter for the Crown to determine.

It is understood that the s94 Contribution Plan is likely to go to Council later this year, as it will impact on the planning for Porter Place and in turn the draft Plan of Management, the tabling of the Plan of Management has been delayed pending

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MASTERPLAN FOR PORTER PLACE PARK IN LOCHINVAR (Cont.) Council’s adoption of the s94 Developer Contribution Plan for the Lochinvar Release Area.

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19 URGENT BUSINESS

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Committee of the Whole 20 COMMITTEE OF THE WHOLE

20.1 BANKRUPTCY ACTION AGAINST OWNER OF ASSESSMENT 20759 20.1 BANKRUPTCY ACTION AGAINST OWNER OF ASSESSMENT 20759

File No: P20759 Attachments: Nil Responsible Officer: Graeme Tolhurst - Executive Manager Corporate Services Author: Annette Peel - Revenue Accountant Maitland 2021 Outcome 18: An efficient and effective Council Council Objective: 18.1.1 To ensure Council’s integrated planning and reporting meets expectations of the community, Council and the NSW State Government THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows: (b) discussion in relation to the personal hardship of a resident or ratepayer.

EXECUTIVE SUMMARY

This report updates Council on the result of bankruptcy action that was taken against the owner of Assessment 20759 per Council’s resolution of 10 August 2010.

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21 CLOSURE

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