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MINUTE BY MAYOR Ordinary Meeting, 10/9/02

ITEM NO: 1

SUBJECT: OBITUARY - KEITH LAURENCE KING

FILE NO: C00227

Recommendation:

That the Minute by Mayor be received.

Minute by Mayor:

The purpose of this Minute is to report on the passing of a former Alderman of the City, Keith Laurence King.

Dr. King served on Council for a period of four years and two months, being elected in an Extraordinary Election on 22nd July, 1967 until 18th September, 1971, representing what was then known as Central Ward, now Second Ward.

Dr. King played an instrumental role in much of Lawson’s development in his almost 50 years in the Mid Mountains township. As well as being the local doctor for 35 years, Dr. King helped get Lawson its Olympic pool and many of its parks, was a Founding Member of its Bushfire Brigade and a member of the Blue Mountains National Parks and Wildlife Service Advisory Committee for 20 years.

Following the war, Dr. King continued the medical studies he had begun before its outbreak. He met his future wife Betty at university, where her brother John was also studying medicine.

Keith and Betty were married in 1947. They moved to Lawson in 1953, settling in Honour Avenue where Dr. King ran his practice before later moving the practice to a medical centre in Lawson.

A gifted surgeon, as well as a G.P., Dr. King saved many lives and delivered many babies before retiring in 1988. He had a great memory and was likely to be able to tell someone what day of the week they were born and how the delivery was if he recognised them in the street as an adult.

Dr. King was the Chairman of a four member committee charged with looking after parks in the Bullaburra/Lawson area. Capital works planned and carried out by the committee during this time included building the Lawson sportsground and Honour Gardens incorporating the refurbished cenotaph.

The Foundation Chairman of the Lawson Bushfire Brigade, Dr. King surveyed many local fire trails and helped start the brigade in a tin shed on the Council depot.

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MINUTE BY MAYOR Item 1 - Ordinary Meeting, 10/9/02

Dr. King played a pivotal role in getting the Lawson pool built, leading a community fund- raising drive for the pool which was then matched by the State Government.

Dr. King loved the history of the Blue Mountains and had an extensive collection of documents relating to this.

We appreciate the many contributions made by Keith to the Blue Mountains Community, he will be missed and our thoughts and prayers are with his family at this sad time.

He is survived by his wife Betty, children Margaret, Max and Catherine and grandchildren Carl, Alex, Annabelle and Isabelle.

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PLANNING FOR A SUSTAINABLE FUTURE Ordinary Meeting, 10/9/02

ITEM NO: 2

SUBJECT: BLUE MOUNTAINS - OUR FUTURE - THE NEXT 25 YEARS - THE DRAFT VISION FOR THE CITY

FILE NO: C04689

Recommendations:

1. That Council endorses the document ‘Blue Mountains – Our Future – the Next 25 years – Draft Vision’ (enclosed separately) for inclusion in the Public Exhibition for Stage 2 of the City Strategy.

2. That Council commits to building a strong partnership with Blue Mountains people in working towards a more sustainable Blue Mountains by developing and adopting decision-making processes that support the vision for the Blue Mountains.

Report by Group Manager, City Sustainability:

Introduction

Stage 2 of the City Strategy, creating the vision for the City, is nearing completion and will culminate in the Draft Vision for the Blue Mountains being placed on Public Exhibition scheduled late September 2002.

Throughout recent months Councillors have been informed in briefing sessions, workshops and bulletins about the progress of Stage 2.

The Stakeholder Forum held at Lawson on 29 June 2002 brought together 145 representatives from the Blue Mountains community to provide input into the draft direction for the Blue Mountains – ‘Towards a More Sustainable Future’. A summary of the results of the Forum was presented to Councillors at a Strategic Workshop held 6 August 2002.

1. Towards a More Sustainable Future - Why this direction for the next 25 years?

1.1 It’s important to the Blue Mountains community

Consultation at the Stakeholder Forum conducted on 29 June indicated that many Blue Mountains people accept the need to consider sustainability in thinking about and planning for the future. Awareness of and commitment to sustainability, evident in the international and national context, is emerging locally.

Extensive community consultation through Council’s Community Survey and, more recently, through workshops, community events and exhibitions, has revealed that protection of the natural environment continues to be most important for Blue Mountains people. Page 4

PLANNING FOR A SUSTAINABLE FUTURE Item 2 - Ordinary Meeting, 10/9/02

Strong connected communities, distinctive towns and villages and local employment are also very important. These community values cover environmental, social and economic concerns.

Together these values provide a platform for looking at the future in terms of living more sustainably to enhance the quality of life for Blue Mountains people now and for Blue Mountains people of 2025.

1.2 Blue Mountains City Council supports sustainability

The Council has demonstrated a commitment to sustainability.

In 1975 Council adopted the Blue Mountains Strategic Plan. This 25 year strategy for the City responded to community values at that time in establishing the absolute necessity of protecting the Blue Mountains environment, particularly in view of the impacts of human development over many years. This initiative from community and Council demonstrated significant foresight in recognising the fundamental importance of the environment in sustaining the quality of life for current and future generations.

In Council’s 2000-2004 Management Plan, the Council committed to the current City Strategy project - ‘the development of a long term strategy in consultation with community and other levels of government to set future directions for the City that accord with ESD principles’.

The Future Directions process now identifies “Working Towards Sustainability” as the Council’s organisational mission and provides a supportive organisational structure to achieve it, including the formation of a City Sustainability Group.

The Council has given significant support for the Blue Mountains World Heritage nomination and initiatives to support its achievement.

The Council recently supported the “Sustaining Our Communities” Declaration and Final Conference Resolution “Priority Principles and Action” endorsed at the Sustaining Our Communities International Local Agenda 21 Conference held in Adelaide in March 2002. (Council meeting 28 May 2002)

1.3 It’s important to the Greater Blue Mountains World Heritage Area

A key driver for endorsing a 25 year direction that steers the Blue Mountains towards a more sustainable future is the recent Greater Blue Mountains World Heritage Area listing. The listing is both a challenge and an opportunity for Blue Mountains people and for Council.

2. The Draft Vision

The document ‘Blue Mountains – Our Future – the Next 25 Years - Draft Vision’ (enclosed separately) outlines the 25 year direction for the Blue Mountains.

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PLANNING FOR A SUSTAINABLE FUTURE Item 2 - Ordinary Meeting, 10/9/02

The draft directional statements and long term outcomes contained in the document express the intent to improve the quality of life for current and future Blue Mountains people without compromising the World Heritage natural environment that supports them.

It is proposed that the information contained in the Draft Vision will be reproduced and or promoted in a variety of formats, mediums and contexts.

3. Towards a More Sustainable Future – The Challenge

The document ‘Blue Mountains – Our Future – The Next 25 Years – The Challenge’ details background information on research and community consultation that supports the Draft Vision. ‘Blue Mountains – Our Future – The Next 25 Years – The Challenge’ (enclosed separately for the information of Councillors) will be available to the community on request during the Public Exhibition.

4. Next Step – the Course of Action

Given community and Council endorsement of the Draft Vision for the Blue Mountains, the Course of Action, Stage 3 of the City Strategy, will begin. The course of action for a more sustainable Blue Mountains will focus on action at several levels – action by individuals, action by community and action by Council and other levels of government.

4.1 Governments Taking Action to Support a More Sustainable Future

The World Summit on Sustainable Development, currently taking place in Johannesburg, is strongly advocating that the vision for a more sustainable world must be translated into action - socially, economically and environmentally.

The outcome of a series of international, national and state agreements and legislative change relating to Ecologically Sustainable Development is the emergence of a broad international, national and local decision-making framework that addresses Ecologically Sustainable Development. These initiatives have placed sustainability firmly on the policy and decision-making agenda for Australian governments at all levels.

4.2 Action by Blue Mountains City Council – Making Decisions to Support a More Sustainable Blue Mountains

It is very important that decision making by the Council supports community action and commitment to living more sustainably. There is opportunity for Blue Mountains City Council to further lead the community in working towards a more sustainable future by reviewing and realigning Council’s decision-making processes in support of the 25 year direction for the Blue Mountains.

If we are to achieve a more sustainable Blue Mountains, it is important that recommendations accompanying Reports to Council by staff and decisions made by the Council address the three components of sustainability ie environmental, social and economic considerations. A number of Councils pursuing sustainability are using tools to make decisions that contribute to sustainability. Decision-making checklists and triple bottom line reporting are examples of some of these tools. Page 6

PLANNING FOR A SUSTAINABLE FUTURE Item 2 - Ordinary Meeting, 10/9/02

The process for reviewing and realigning Council’s decision making would form part of the next phase of the City Strategy - which focuses on developing a Course of Action in response to the endorsed vision.

It is therefore recommended that Council develops and adopts decision-making tools and processes that support achieving the Vision for the Blue Mountains endorsed by community and Council.

5. Conclusion

It would seem the time is right to set a course for a more sustainable Blue Mountains. The people of Blue Mountains will appreciate Council’s commitment to building a strong partnership between Council and community in taking on this challenge.

In endorsing the Draft Vision Council now has a real opportunity to consider how it might benefit and support its community in moving towards a more sustainable Blue Mountains.

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PLANNING FOR A SUSTAINABLE FUTURE Ordinary Meeting, 10/9/02

ITEM NO: 3

SUBJECT: DRAFT LOCAL ENVIRONMENTAL PLAN 2002 – PUBLIC EXHIBITION

FILE NO: C03150

Recommendations:

1. That the DLEP 2002 Written Instrument, Environmental Management Plan 2002 (EMP2002) Volumes 1&2, the Residential Development Strategy 2002 (RDS2002) and the Accessible Housing Strategy (AHS) that were provided to Councillors under separate confidential cover, as well as the Response to Commissioner Carleton’s Recommendations, the Residential Character Study, the Subdivision Study and the DLEP 2002 and EMP2002 map series are to be treated as confidential for the reasons identified in this report and are not to be duplicated, transmitted or otherwise disseminated in part or in full.

2. That Council endorse Environmental Management Plan 2002 Volumes 1&2 and the Residential Development Strategy 2002 as key supporting documents to Draft Local Environmental Plan 2002 (DLEP 2002) for the purpose of public exhibition.

3. That Council endorse the main elements of the public exhibition described in this report.

4. That Council adopt a per unit sale price to the public of $12.50 for the DLEP 2002 CD upon commencement of exhibition.

5. That Council rescind its resolution No 6 of Minute no 111 of its Ordinary Meeting of 28 March 2000 as follows:

“6. That Council prepare and exhibit Draft LEP 2000 Stage 1 and Stage 2 as per Department of Urban Affairs and Planning ‘Best Practice Guidelines’ (1997).”

as the Department’s guideline is not relevant to DLEP 2002 for the reasons identified in this report.

Report by Group Manager, City Sustainability:

At its meeting of 20 August, 2002, Council considered a report advising that Blue Mountains Draft Local Environmental Plan 2002 (DLEP 2002) has been certified by the Director General of Planning NSW as being suitable for public exhibition under Section 65 of the Environmental Planning and Assessment Act 1979 (“the Act”). Amongst other things, that report also described the role of a number of documents that have been prepared to support DLEP 2002 and which will be exhibited concurrently with the draft plan.

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PLANNING FOR A SUSTAINABLE FUTURE Item 3 - Ordinary Meeting, 10/9/02

Since Council’s consideration of that report: · Copies of the certified version of DLEP 2002 Written Instrument, Environmental Management Plan 2002 (EMP2002) Volumes 1&2, the Residential Development Strategy 2002 (RDS2002) and the Accessible Housing Strategy (AHS) were provided to Councillors; · Reference copies of the Response to Commissioner Carleton’s Recommendations, the Residential Character Study and the Subdivision Study have been placed into the Councillor’s workroom; · A process has been established for Councillors to access the full set of the 12 panel map series (including the three statutory map panels); and · A detailed briefing was conducted for Council at its Strategic Workshop of 27 August 2002 on the operation of the draft plan proposed details of the public exhibition.

The purpose of this report is to seek Council’s endorsement of: · EMP 2002 Volumes 1&2 and RDS 2002 for the purpose of public exhibition; and · the key elements of the public exhibition.

It should be noted that Council previously endorsed the AHS to support the exemption of Blue Mountains from State Environmental Planning Policy No 5 (SEPP5) at its meeting of 30 April 2002 and therefore, further endorsement of that document for public exhibition is not required.

Confidentiality

The documents described above, that were forwarded to Councillor’s under separate confidential cover and the Response to Commissioner Carleton’s Recommendations, the Residential Character Study, the Subdivision Study and the DLEP 2002 and EMP 2002 map series that have been made available for the reference of Councillor’s, either contain or can infer the future zoning of land and other content of Draft LEP 2002. These documents and maps will potentially be subject to change as the plan preparation process proceeds. Individuals or groups that become privy to these documents and who subsequently rely on that material may be disadvantaged should such change occur.

Dissemination or discussion with the community on the content of the documents and maps at this stage of the process, could also lead to confusion within the community if and when such changes occur. Given the importance of Draft LEP 2002, the unnecessary creation of confusion over the content of the plan would be unhelpful for both the community and Council.

Further, until released for formal public exhibition, these documents have the potential to confer commercial advantage on individuals or groups. Consequently, these documents are to be treated as confidential and are not to be duplicated, transmitted or otherwise disseminated in part or in full. Councillors will be advised when the documents cease to be confidential and copies are available for discussion in the wider community.

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PLANNING FOR A SUSTAINABLE FUTURE Item 3 - Ordinary Meeting, 10/9/02

Supporting Documents

As advised at Council’s meeting of 20 August 2002 and the briefing of 27 August 2002, DLEP 2002 represents a major, comprehensive review of the previously exhibited DLEP 1997. That review has been rigorously guided by the recommendations of Commissioner Dr Mark Carleton that reflected the extensive public input to the 1998 public hearing into DLEP 1997. It has also been guided by emerging planning issues, proposed legislative change and further detailed collaborative planning work with local communities and stakeholder groups. It has also benefited from the development and application of new technology and approaches to the structuring and coverage of planning instruments.

It is, therefore, important that the review process and the strategies that underpin DLEP 2002 are thoroughly documented and presented for consideration by the community, Council and the Government during public exhibition. This has resulted in the preparation of the series of supporting documents described in the 20 August report to Council. The summary of the studies described in that report is included as Attachment 1 to this report for Council’s reference.

DLEP 2002 and EMP 2002 are also supported by a range of separate topic-specific studies, planning investigations and updated information gathered for the purpose of the review of EMP2 and DLEP 1997. This includes, but is by no means limited to Response to Commissioner Carleton’s Recommendations, Residential Character Study and Subdivision Study. It should be noted that it is not necessary for Council to separately endorse those additional investigations and topic specific studies as they have provided much of the input to, and are fully documented in, EMP 2002 Volumes 1&2, RDS 2002 and the AHS.

It will therefore be recommended that Council endorse EMP 2002 Volumes 1&2 and RDS 2002 for the purpose of public exhibition.

Public Exhibition

The public exhibition of DLEP 2002 has been much anticipated by the local community and will be one of the most significant public exhibition processes in the past decade for the following reasons: · It represents a penultimate stage in a public process that has its origins in the early 1990’s following the gazettal of LEP 1991. · It represents a significant and tangible step in moving towards a more sustainable future for the Blue Mountains. · It manifests both the strategic and detailed desires of the local community as expressed through: - the Public Hearing into DLEP 1997 and Commissioner Carleton’s 1999 report - the extensive program of collaboration and consultation with key community, industry and stakeholder reference groups to develop and test a wide range of concepts and approaches to DLEP 2002; - the extensive subsequent collaboration with some 3,750 people from local communities in the design based workshops for Stage 2 of DLEP 2002 for the core village areas; and - the consultation with the community to date in relation to the Blue Mountains – Our Future City Strategy. Page 10

PLANNING FOR A SUSTAINABLE FUTURE Item 3 - Ordinary Meeting, 10/9/02

· Whilst focussing on the urban areas of the City, DLEP 2002 establishes the framework for the review of LEP 1991 and the creation of a single planning instrument for the Blue Mountains over the next few years.

It is therefore important that the exhibition is as thorough, inclusive and accessible as possible for the local community using the available staff resources. In order to achieve this, the following key elements of the public exhibition are proposed: a) Starting date and duration It is proposed that the exhibition will commence on Wednesday 16 October 2002 and continue for eight (8) weeks until Friday 13 December 2002. This is in keeping with Council’s previous resolutions for the exhibition and will ensure that the exhibition is held clear of the September and Christmas school holidays.

In another report in tonight’s Business Paper, Council will be considering a report regarding the second stage of the Blue Mountains – Our Future City Strategy which will be placed on public exhibition in the near future. The timing of the public exhibition for DLEP 2002 also coordinates with the exhibition of that important, linked project supporting Council’s Management Plan Challenge – Towards a More Sustainable Future.

It should be noted that commencement of exhibition in advance of 16 October is not possible. This is due, in the first instance, to the logistical work needed to meet legal requirements for the zoning and other statutory information from the certified draft plan to be incorporated into zoning certificate data bases prior to exhibition. The starting date also takes into account the lead times required for advertising, public meetings, display preparation, document and map production and other elements of the exhibition described below. Whilst as much preparatory work has been undertaken in advance of the draft plan’s certification as possible, most of this work relies on both achieving certification and confirmation of the precise content of the certified draft plan. b) Public and Stakeholder Meetings It is intended to hold two (2) public meetings immediately prior to the commencement of the public exhibition. The purpose of the public meetings will be to: · Introduce and explain the structure, concepts, tools, application and operation of DLEP 2002; · Explain how DLEP 2002 addresses Commissioner Carleton’s recommendations; and · Reinforce advice on the timing, venues and other details of the exhibition as well as the other means by which the community can access DLEP 2002.

All owners of land within the DLEP 2002 area will be advised individually by mail of the details of the public meetings. Further, regular advertisements will be placed in the Blue Mountains Gazette in the lead up to the exhibition inviting attendance at the public meetings.

It is also intended to hold briefings with key stakeholder groups such as the Conservation Society, the Blue Mountains Access Committee, the Builder’s and Developer’s Forum etc as requested during exhibition, again to reinforce the key concepts and provisions of the draft plan.

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PLANNING FOR A SUSTAINABLE FUTURE Item 3 - Ordinary Meeting, 10/9/02

Meetings will also be required during the course of exhibition with key Government agencies as part of the statutory exhibition process. d) Public Notification and Communication As stated above, all landowners within the DLEP 2002 area will be notified by individual letter of the details of the exhibition and the public meetings together with a brochure summarising the key features of DLEP 2002 and the process that has shaped it.

Prominent paid advertisements and statutory notifications will be placed in the Blue Mountains Gazette in the weeks leading up to and during the exhibition and a regular series of press releases and stories explaining the key planning principles of DLEP 2002 will be arranged with the Gazette to both inform the community and to obtain editorial coverage.

Notices will also be posted at libraries and other prominent venues both prior to and during exhibition.

Notification and details of the exhibition and public meetings will also be posted on Council’s web site in advance of exhibition. e) Exhibition Venues, Staffing and Format It is proposed that exhibition of DLEP 2002 will occur at the following scales:

Town Centre exhibitions – This is the largest scale of exhibition offering the most comprehensive range of display material and representing the formal statutory exhibition required under the Act. Town Centre exhibitions will be held in the Katoomba Headquarters and Springwood Business Centre which have sufficiently large display areas available for the exhibition and staffing of displays.

Staff will be available on call at Council’s Katoomba Headquarters to answer questions and provide other assistance to the public during the exhibition. It is proposed that staff will be available at the Springwood Business Centre between 9.00am and 4.30 pm on Tuesdays and Thursdays each week of the exhibition to assist the public.

Village exhibitions – the Village exhibitions are a smaller scale static display version of the Town Centre Exhibitions and do not represent a formal statutory exhibition required under the Act. Village exhibitions are proposed to be available at Council libraries at the following centres: · Blackheath; · Katoomba; · Lawson; · Springwood; and · Blaxland.

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PLANNING FOR A SUSTAINABLE FUTURE Item 3 - Ordinary Meeting, 10/9/02

The Village exhibitions will provide copies of the DLEP 2002 Written Instrument and map series, EMP 2002 Volumes 1&2, RDS 2002,the AHS, the Response to Commissioner Carleton’s Recommendations, the Subdivision Study and the Character Study together with posters and brochures explaining the use and operation of DLEP 2002, how submissions can be made to Council and other important information to enable the local community to engage properly in the process.

It should be noted that, due the bulk of the heritage studies and heritage register associated with DLEP 2002, copies of those documents will only be available at the Town Centre exhibition venues at Katoomba and Springwood and not at the Village exhibition venues.

It is intended that the Blackheath, Lawson and Blaxland Village exhibitions will be staffed on a cyclical basis as follows:

Village Exhibition Venue Staffing Arrangements Blackheath Library · Monday 21 October – 10.00am to 2.00pm · Monday 18 November – 10.00am to 2.00pm Lawson Library · Monday 4 November – 2.00pm to 5.00pm · Monday 2 December – 2.00pm to 5.00pm Blaxland Library · Monday 11 November – 2.00pm to 5.00pm · Monday 9 December – 2.00pm to 5.00pm f) DLEP 2002 Website and Compact Disc (CD) Whilst the exhibition venues will provide all of the conventional exhibition material in the form of published documents, maps, posters, brochures etc, a key element of the exhibition will be the availability of the exhibition material in electronic formats. These will include the DLEP 2002 internet website and CD.

The DLEP 2002 website will be a dedicated web facility that is accessed through Council’s existing corporate website. It will contain the DLEP Written Instrument and map series, EMP2002 Volumes 1&2 other key supporting documents and easy user guides to the documents. The website will be interactive and will provide opportunities for users to: · Get an introduction to DLEP 2002, an overview of DLEP2002 and the related planning process and the operation of the draft plan; · Read the DLEP 2002 Written Instrument, EMP 2002 and other supporting documents; · View, move around and between the map series and between the maps and the content of the Written Instrument; · Undertake a property search on individual parcels; and · Make and lodge a submission on DLEP 2002.

The website significantly expands the audience for the exhibition including for owners and interested parties outside the LGA. It is also highly accessible, not being limited to exhibition times or venues, and allows users to spend more time becoming familiar with the draft plan and the associated documentation. Page 13

PLANNING FOR A SUSTAINABLE FUTURE Item 3 - Ordinary Meeting, 10/9/02

All key exhibition documents and maps will also be available for sale on CD for those in the community who wish to spend more time exploring the instrument than might be available or practical at exhibition venues, who wish to avoid buying bulky written documents and/or who might feel more comfortable using a CD format at home than accessing the DLEP 2002 internet website. g) Pricing of Exhibition Material for the Public All standard exhibition material will be available for the public to view free of charge at all Town Centre and Village exhibition venues during business hours and through the DLEP 2002 website 24 hours a day during exhibition. Members of the public will also be able to print that material (with the possible exception of the DLEP 2002 map series due to the need for specialised printers) from home from either the DLEP 2002 website or CD from.

Where individuals seek to obtain personal copies of exhibition maps or documents from Council, the cost of production needs to be recouped. The vast majority of the exhibition material falls into categories already covered by Council’s adopted schedule of fees and charges. Consequently, Council does not need to adopt prices for those items. It is necessary, however, for Council to adopt a suitable price for sale to the public of the DLEP 2002 CD.

The prices for each of the main exhibition documents is shown below for Council’s information:

Document/Item Category under Price per Council’s Schedule copy of Fees and (includes Charges GST) DLEP 2002 Written Instrument Large Publication $30.80 EMP 2002 Volume 1 Medium Publication $18.70 EMP 2002 Volume 2 Medium Publication $18.70 Residential Development Strategy 2002 Medium Publication $18.70 Accessible Housing Strategy Medium Publication $18.70 Response to Commissioner Carleton’s Large Publication $30.80 Recommendations Subdivision Study Medium Publication $18.70 Character Study Medium Publication $18.70 Stage 1 Heritage Study Medium Publication $18.70 Stage 2 Heritage Studies for core village Small Publication $6.60 areas Better Living DCP Large Publication $30.80 Extracts of documents Cost of Photocopies $0.33 per sheet DLEP 2002 CD $12.50 DLEP and EMP Maps (colour) · A1 size full sheet GIS Services/Maps $22.00 · A3 size extract GIS Services/Maps $11.00 · A4 size extract GIS Services/Maps $5.50

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PLANNING FOR A SUSTAINABLE FUTURE Item 3 - Ordinary Meeting, 10/9/02 h) Planning NSW Guidelines At its meeting of 28 March, 2000, Council resolved as follows:

“6. That Council prepare and exhibit Draft LEP 2000 Stage 1 and Stage 2 as per Department of Urban Affairs and Planning ‘Best Practice Guidelines’ (1997).”

The, then, Department of Urban Affairs and Planning’s Best Practice Guideline – LEPs and Council Land (1997) requires councils to exhibit certain additional material for draft LEPs involving Council owned land where a Council intends using its delegations from the Director General in the plan making process. Those delegations relate to the certification of a draft LEP by a Council for public exhibition pursuant to s65 of the Act and reporting to the Minister for the making of a draft LEP pursuant to s69 of the Act.

However, with the certification of both stages of DLEP 2000 as DLEP 2002 by Planning NSW, Council will not be using its delegations in the process and the requirement to exhibit in accordance with the Department’s guideline is now not relevant. Consequently, it will be recommended that Council rescind its resolution 6 of 28 March 2000.

Post Exhibition

At the conclusion of the public exhibition, it is necessary to review, group and analyse the public submissions made to DLEP 2002. This is likely to be a significant task due to the degree of specific community interest in the draft plan and the general interest and active role that the local community plays in planning matters in the Blue Mountains.

The proposed timing of the public exhibition of DLEP 2002 is fortuitous in this regard enabling the Council Christmas recess period to be used to progress the review of public submissions. Following the consideration of submissions, a report will be submitted to Council on the outcomes of the exhibition, the need or otherwise for changes to the draft plan, the need for re-exhibition or whether the nature of issues raised in any submissions that seek a further public hearing warrant such a further hearing in accordance with s68 of the Act.

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PLANNING FOR A SUSTAINABLE FUTURE Item 3 - Ordinary Meeting, 10/9/02

Attachment 1

Description of Documents Supporting DLEP 2002

Environmental Management Plan 2002

Environmental Management Plan (EMP) 2002 provides new information to describe the contemporary approaches used in the preparation of DLEP 2002. EMP 2002 is not a formal environmental study under section 57 of the Act. EMP2, which supported DLEP 1997, continues to serve as the formal environmental study for the purpose of the LEP process.

Rather, EMP 2002 serves to update EMP2, with new constraints mapping and a range of studies to justify the approach taken by DLEP 2002.

EMP 2002 comprises a two-volume planning study, supporting maps, the Residential Development Strategy and Accessible Housing Strategy. a) EMP 2002 Volume 1 – Planning Framework

EMP 2002 Volume 1 identifies the planning principles, aims and strategies that have emerged from the review of DLEP 1997 to form the basis for DLEP 2002. It shows how Council has responded to Commissioner Carleton’s recommendations, and explains the rationale behind the application of land-use zones, protected areas, precincts, heritage and other provisions within DLEP 2002. Volume 1 concludes with a discussion of the implications of DLEP 2002 for each of the key planning principles underpinning the draft plan. b) EMP 2002 Volume 2 – Planning Context

EMP 2002 Volume 2 describes and explores the characteristics of the social, natural, built and economic environments of the Blue Mountains and sets the context in which the planning framework for DLEP 2002 was developed. It builds on the planning context of EMP2 through the planning studies, investigations and contemporary data prepared as part of the review process described in Volume 1. Volume 2 also serves as a common contextual document supporting the current development of the Blue Mountains – Our Future City Strategy. c) Residential Development Strategy 2002

In 1996, Council prepared a Residential Development Strategy (RDS 1996) to obtain exemption from State Environmental Planning Policy No. 53 – Metropolitan Residential Development (SEPP 53) for the Blue Mountains and to supplement EMP2. Council was granted an exemption to SEPP 53 on the basis of RDS 1996 and on the undertaking that the strategy would be implemented through DLEP 1997.

Residential Development Strategy 2002 (RDS 2002) was prepared to revise and update RDS 1996 in line with the land use strategy proposed under DLEP 2002, particularly basing the location of higher-density residential zones on accurate environmental constraints mapping, character assessment studies and intensive community consultation. RDS 2002 supports EMP 2002 and DLEP 2002, and provides the basis for continued exemption from SEPP 53. Page 16

PLANNING FOR A SUSTAINABLE FUTURE Item 3 - Ordinary Meeting, 10/9/02

Attachment 1 d) Accessible Housing Strategy

Council has also prepared an Accessible Housing Strategy (AHS) to support exemption for the Blue Mountains from SEPP 5. Exemption is based on the inclusion of appropriate controls for accessible housing within DLEP 2002. The AHS identifies the supply and demand factors affecting accessible housing, and outlines ways in which the DLEP 2002 provides for the needs of older people and people with a disability without compromising the environmental capacity or recognised character values of land in the Blue Mountains. The AHS was endorsed by Council at its meeting of 30 April 2002. e) Mapping

An integrated map series has been produced to support both EMP 2002 and Draft LEP 2002. The map series comprises 12 ‘panels’ (Map Panels A to L). The first three panels form the statutory maps that will be gazetted as part of the new LEP, and include the application of zoning, precincts, protected areas, heritage conservation, special uses and other map-based provisions of the draft plan. The remaining map panels, D to L, present aerial photography, vegetation mapping, slope, character, sewerage, public land, zoning and heritage information under the existing LEPs, and the proposed zoning under Draft LEP 1997.

Council’s corporate GIS provides a wide range of other geographic and environmental mapping which also supports the formal EMP 2002 map series.

Other Supporting Documents

EMP 2002 is also supported by a range of separate topic-specific studies, planning investigations and updated information gathered for the purpose of the review of EMP2 and DLEP 1997. This includes, but is by no means limited to the following documents: a) Response to Commissioner Carleton’s Recommendations - was compiled to give a point-by-point account of Council’s response to each of the Commissioner’s recommendations in his review of DLEP 1997. This document shows how DLEP 2002 has addressed each of the issues raised in the 1998 Public Hearing. b) Residential Character Study - was prepared as a background to the character mapping undertaken for DLEP 2002. The study aims to identify and locate the types of character that are important to residential areas of the Blue Mountains. It provides a methodology and rationale for the application of each character type, and a basis for the application of the Living – Conservation and Living – Bushland Conservation zones in DLEP 2002. c) Subdivision Study - was prepared as a basis for the minimum lot sizes employed by DLEP 2002, particularly in the Living – Conservation and Living – Bushland Conservation zones. The study provides a background and rationale for the adopted minimum lot sizes, as a specific response to one of Commissioner Carleton’s key recommendations.

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PLANNING FOR A SUSTAINABLE FUTURE Item 3 - Ordinary Meeting, 10/9/02

Attachment 1

Better Living Development Control Plan

The Better Living Development Control Plan has been prepared to support and compliment the provisions of DLEP 2002 and to update many of Council’s current development control plans and policies. This document seeks to encompass the majority of the relevant development standards contained within Council’s current plans and policies whilst also introducing new provisions and concepts.

The aim of the Better Living DCP is to provide a single document that contains all the relevant issues, design principles, performance criteria and development standards for the majority of development types within the Blue Mountains. The DCP also seeks to be an educative document, providing a range of design options and solutions and also focusing applicants consideration to issues which may not have been previously provided in Council’s current plans and policies.

The DCP compliments and supports the provisions of DLEP 2002 and as such it is proposed to exhibit the two documents concurrently. The final adoption of the DCP will therefore depend closely on the timeframes established for the DLEP 2002 process.

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QUALITY LOCAL GOVERNMENT Ordinary Meeting, 10/9/02

ITEM NO: 4

SUBJECT: SALE OF COUNCIL LAND AT 71 FARNELLS ROAD, KATOOMBA - LOTS 12 AND 22 SECTION H DEPOSITED PLAN 1711

FILE NO: C03172

Recommendations:

1. That Council enter into an agreement with the owners of 75 Farnells Road, Katoomba and 30 Russell Street, Katoomba to sell its land at 71 Farnells Road, Katoomba (being Lots 12 and 22 Section H in Deposited Plan 1711) at the same time with the sale of the adjoining property at 75 Farnells Road, Katoomba (being Lots 13 and 21 Section H in Deposited Plan 1711) and 30 Russell Street, Katoomba (being Lots 19 and 20 Section H in Deposited Plan 1711) in accordance with the terms and conditions outlined in this report.

2. That the General Manager (or another Council officer the General Manager so delegates) be authorised to sign an agreement setting out the terms of the proposed sale.

3. That following the appropriate marketing process and upon receipt of advice from the selling agent/auctioneer and Council's Registered Valuer, the General Manager or his nominee be authorised to set the reserve price for the sale of 71 Farnells Road, Katoomba being Lots 12 and 22 section H Deposited Plan 1711.

4. That the Common Seal of Council be affixed to any documents relating to this matter.

Report by Group Manager, Corporate Policy:

This report deals with the sale of Council land at 71 Farnells Road, Katoomba to address access issues of the adjoining properties and to generate income from land.

Background On 4 October 1957 Council acquired Lots 12 and 22 Section H in Deposited Plan 1711, 71 Farnells Road Katoomba. The land was transferred under Section 160A of the Local Government Act 1919 for unpaid rates. The land is zoned Residential Bushland Conservation (No Subdivision) Escarpment Area under Local Environmental Plan 1991. It is classified as Operational Land. Each block has an area of approximately 4000 square metres. The attached map shows that the two blocks run from Farnells Road to Russell Street, Katoomba. Russell Street is unformed whilst Farnells Road is partially formed to half width of Lot 12 Section H in Deposited Plan 1711.

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Investigation indicates that Russell Street will never be built because of the slope and environmental sensitivity of the location, which is on the edge of an area zoned “Regional Open Space”, “Escarpment Area”, and “Land Between Towns”. Therefore, access to Lots 19, 20, 23, 24, 25, 26, and 27 Section H in Deposited Plan 1711, Russell Street, Katoomba must be created elsewhere. Consequently the owners of Lots 23, 24, 25 and 26 Section H in Deposited Plan 1711, Russell Street, Katoomba approached Council requesting Council’s consent to the creation of a right of way over Council land being Lots 12 and 22 Section H in Deposited Plan 1711 so that access can be gained from Farnells Road instead.

Council at its meeting of 12 March 2002 considered a report on this matter and subsequently resolved Vide Minute 87:

“1. That Council invites expressions of interest from all adjoining landowners to purchase its land at 71 Farnells Road, Katoomba being Lots 12 and 22 Section H in Deposited Plan 1711 for consolidation with the adjoining parcels of land in accordance with the terms and conditions outlined under Option 2 of this report.

2. That the outcomes of the process of calling expressions of interest from the adjoining land owners be reported back to Council.”

Option 2 of the Council report of 12 March 2002 was:

“Council invites expressions of interest from all adjoining landowners to purchase its land (lots 12 and 22) for consolidation with the adjoining parcels of land. Once Council assesses the submissions and agrees to enter into a deed of agreement with the prospective purchasers of the land, Council consent to the lodgement of a Land Use Application for assessment by Council’s Health and Development Group in accordance with the provisions of the Environmental Planning and Assessment Act, 1979. Upon receipt of the development consent Council sell the land in accordance with the following terms and conditions: § An Independent Registered Valuer be appointed to determine the fair market value of Council land; § Valuation fees be shared on the 50:50 basis between Council and the prospective purchasers of Council land; § The purchasers meet all legal, survey and consolidation costs; § The purchasers acknowledge that certain parts of Council land would properly be required to conserve for bushland and/or environmental protection purposes and that such requirements would be considered as part of the valuation and negotiation processes. § Successful negotiation with owners of land facing Russell Street that has no practical means of access, and appropriate arrangements be made for the creation of a Right of Way of appropriate width over Lot 12 and 22 in Section H, Deposited Plan 1711.”

Report Letters were sent inviting owners of the adjoining land to make submission to Council for the purchase of the Council owned land in the terms set out in the report dated 12 March 2002. Page 20

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For ease of reference, the parcels of land immediately adjoining the subject Council land are grouped together in accordance with their ownerships as follows:

§ Property “A” - Lots 23, 24 and 25 Section H in Deposited Plan 1711 § Property “B” - Lot 11 Section H in Deposited Plan 1711 § Property “C” - Lots 13 and 21 Section H in Deposited Plan 1711 § Property "D" - Lots 19 and 20 Section H in Deposited Plan 1711

The owners of Property “A” previously indicated that they were only interested in Lot 22 but were not interested in consolidated the land if successfully purchased Council land. However, the owners of Property “A” have recently purchased Property “B”. This action resolved their access problem. Consequently, they have now advised that they are no longer interested in Council’s land.

The owners of Property “C” do not want to purchase any of Council’s land. They have suggested that their two lots and the Council’s two lots be placed on the market together and be sold as one property. Discussions regarding the terms and conditions for this proposal have been carried out with the owners of Property “C” being the only interested party.

As these matters were being discussed and negotiated it became apparent that Property "D" would be in a difficult situation without practical access. This land is also zoned Residential Bushland Conservation (No Subdivision) Escarpment Area under Local Environmental Plan 1991. In the interest of good land management processes a proposal was made to the owner and agreed that this land to be joined in the parcel of land for sale.

Accordingly, details of the terms and conditions relating to this proposal can be summarised as follows: a) The six lots being Lots 12, 13, 19,20, 22 and 23 Section H in Deposited Plan 1711 be consolidated (or subject to a consolidation clause) and sold as one property. b) An agent be appointed (by the owners the properties including Council) to sell the subject property by public auction. c) That the sale price should be pro rota percentage according to the value of the land as set by the Valuer General. d) All costs relating to the matter be shared between the owners on the same pro-rata. e) The reserve price to be set at the Valuer Generals rate valuation. f) All parties enter into a deed of agreement to the terms that bind all parties for a limited period up to twelve months to sell the subject parcels of land.

It should be noted that the owner of Lot 26 Section H in DP 1711 also owns Lot 27 and Lot 8, which has direct access to Farnells Road. Therefore alternative access to these parcels of land is not critical and the owner has no longer shown his interest in Council land.

Options The result of the recent communication with the adjoining landowners leaves Council with three options as follows:

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Option One: Council retains the land until the sewer is available.

For Against The land will increase in value when the It is not known how long before sewer will sewer is readily available. be available to this area or in fact if it will ever be available. Loss of present opportunity to generate income for Council Increase potential liabilities associated with the land

Option Two: The land is sold on the open market as one site.

For Against More flexible and effective marketing Although Council has no legal obligations, it strategy as Council would be the only has some civic responsibility to assist the decision maker in the process of selling the adjoining landowners in formalise a legal land. access to the property. The on-site sewerage solution may not be achievable due to the environmental sensitivity and constraints of the land. Will not resolve the access problem for the owner of Lots 19 and 20 Sec. H. Deposited Plan 1711.

Option Three: Council joins with the owners of Property “C” and Property "D", sells the six lots of land as suggested earlier.

For Against Better option for the environment as the The sale of the six lots in one line would solution for the on-site sewerage system slightly affect the overall value of Council would be easily achieved within the total land as the privately owned land has more area of the consolidated lot. constraints than Council land. The sale/cost price will be divided on a valuer Generals rateable value between all parties. This action will solve the access problem for both of the privately owned properties. Council will solve a land management problem without having to acquire privately owned land.

Conclusions It is considered that while Option Two would result in Council having more flexible and effective marketing strategy for the sale of Council land, Option Three is a better result for the environment and the area as a whole. Also, Council through Option Three will resolve access issues for the owners of Property “C” and Property "D".

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It is therefore recommended that Council enter into an agreement with the owners of Property “C” and Property "D" to sell the six lots (being Lots 12, 13, 19, 20, 21 and 22 Section H in Deposited Plan 1711) in one line in accordance with the terms and conditions outlined in this report.

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Attachment

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LAND USE MANAGEMENT Ordinary Meeting, 10/9/02

ITEM NO: 5

SUBJECT: APPLICATION TO MODIFY DEVELOPMENT CONSENT NO. 893/95 FOR REDEVELOPMENT OF THE PITSTOP SERVICE STATION AT 575 GREAT WESTERN HIGHWAY, FAULCONBRIDGE

FILE NO: D95/0893

Recommendation:

That Development Consent No. 893/95 for the development of a service station at 575 Great Western Highway, Faulconbridge, be amended by the modification of conditions 2, 29 and 30, as shown in attachment 1 to this report.

Report by Group Manager, Environmental and Customer Services:

Reason for report In accordance with Council’s policy, any application seeking to modify the terms of a Development Consent, which was originally determined by Council, must also be reported to Council for consideration and determination.

Applicant Kenmick Fuel Pty Ltd

Owner As Above

Application lodged 27 May 2002

Property address Lot 14 DP 873996, 575 Great Western Highway, Faulconbridge.

Subject Site

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Background Council at its meeting of 13 August 1996 resolved to approve the redevelopment of the Pitstop Service Station, Faulconbridge, by the granting of a deferred commencement consent. The approved development incorporated a service station, office, shop, car repair bays and a carwash facility. Council has periodically received complaints from adjoining residents since the development commenced, including numerous issues regarding noise emanating from the car wash facility.

The original conditions of consent were amended on 9 September 1997, 26 February 1999 and 23 May 2000.

Due to continuing concern regarding the potential for adverse noise impact from the car wash, a noise assessment was undertaken on 5 January 2000, which is summarised as follows: · Background noise survey undertaken over 7 days from the rear of adjoining property (13 Russell Avenue). · The minimum repeatable background noise was found to be 41 decibels (dB(A). · The measured car wash noise level at the adjoining property (573 Great Western Highway) was found to be 69dB(A). · To appropriately attenuate noise emanating from the car wash facility to surrounding residential properties, the acoustic consultant recommended: i. A 2.1m fence at the exit end of the car wash facility. ii. Reduce the aperture (opening) at the exit end of the car wash facility. iii. Noise attenuation to iron roof of car wash facility. iv. Enclosure tunnel to the entrance of car wash facility and noise attenuation of roof. Brick (or similar) to side walls. v. Mechanical plant exhaust to be redirected towards the highway.

These recommendations were incorporated into the modifications approved on 23 May 2000. All noise attenuation measures have now been implemented, except the enclosure tunnel. A noise attenuating roller door has been installed as an alternative.

Proposal The applicant proposes to modify the consent by deleting the approved enclosure tunnel to the entrance of the car wash facility, and replacing it with a sound attenuating roller door. The applicant maintains that the roller door, and associated structures, provides better noise reduction than the approved enclosure.

A reduced copy of the approved plan and photographs of the subject area are included as Attachment 2 to this report. Page 26

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Development controls Zoning: Residential 2(a1) – Local Environmental Plan 4. Village – Draft Local Environmental Plan 1997.

The development is a prohibited use under the current zoning of the site and relies on the ‘existing use rights’ provisions within Section 109 of the Environmental Planning and Assessment Act and Clause 41 of the Environmental Planning and Assessment Regulations.

Notification The current application to modify the original consent was notified to thirteen (13) adjoining properties for a period of 14 days from 4 June 2002.

One (1) submission was received as a result of this process.

The submission was from the owner of an adjoining property, who does not support the proposed modification, as it will not improve existing adverse noise levels.

Application Assessment

In modifying the consent, Section 96(2) of the Environmental Planning and Assessment Act (the Act) requires that Council must be satisfied that the modified development is substantially the same development as originally approved.

In this regard, the proposed modification does not substantially alter the appearance of the development from the Highway. It does not alter the nature of the development or introduce any new uses to the site. The car wash is currently approved for use between Monday and Saturday from 8:00am and 8:00pm, which is not being altered by the proposed modification.

Section 96(3) of the Act requires Council to take into consideration any matters referred to in Section 79C of the Act that are relevant to the proposal, including:

§ The Likely Impacts of the Development § The Suitability of the Site for Development § Any Submissions made in accordance with the Act or Regulations § The Public Interest

Likely Impact of the Development

Noise Level Readings In order to ascertain the extent of mitigation measures required for the car wash facility, an acoustic report, dated 5 January 2000, took measurements of background noise levels at the site over a 7 days period. A noise level measurement for the car wash facility was taken from the adjoining property and was recorded as being 69dB(A).

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A subsequent acoustic report, dated 8 November 2001, assessed the noise level of the car wash facility once in operation, with readings taken between 1:00pm and 1:30 pm on Wednesday 31 October 2001. The sound measurements were taken over time for the duration of the car wash drying cycle at two locations, these being 3m from the car wash entry and behind the adjoining residential property.

Whilst traffic noise on the site is prominent, the above sound reading allowed the consultant to simulate noise generated by the car wash, but to ignore simultaneous traffic noise. This is possible as the car wash dryer emits a steady state broad band noise level.

Simulated Noise Readings The simulated noise readings resulted in an equivalent noise level of 43dB(A) during a single car wash cycle and 46dB(A) during a two car wash cycle. The Environmental Protection Authority’s policy for quantifying offensive noise indicates that any particular noise source may be potentially offensive if it exceeds the background noise level by 5dB(A). As previously stated, the minimum repeatable background noise level for the site was assessed as being 41dB(A). The two car wash cycle noise levels at 43dB(A) and 46dB(A), conform to the EPA’s policy and are considered acceptable.

Submission A submission regarding noise impact has been received from the owner of the adjoining property, adjacent to the car wash entrance area. The resident raises concern regarding the roller shutter and its attenuation of noise from the car wash facility. The owner submits that the proposal should only be supported if it will reduce the existing noise levels.

The noise consultant’s consecutive reports indicate that significant noise attenuation has been achieved by the measures implemented to the car wash facility it self and to the mechanical plant above the services station.

Conclusion The proposed modification does not materially alter the nature of the development as previously approved by Council and relates primarily to the issue of noise reduction. The sound attenuating roller door conforms to the EPA requirements regarding offensive noise.

It is recommended that the application to modify the consent be supported. The appropriate changes to the conditions of consent are shown in italics on Attachment 1 to this report.

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Attachment 1

Modified Conditions 2, 29 and 30.

The modified section of each condition is shown in italicised font.

2. To confirm and clarify the terms of Council's approval, the development shall be carried out in accordance with the approved stamped plans (prepared by Frank Kosztelnik and Associates, numbered 9-1-1997, 1, 2 and 3 dated December 1996, and amended by Michael Badaoui dated 25 November 1998 as amended in red, and plans prepared by Myros Design Services dated February 1999 as amended in red, and plan number 1846 dated 19 January 2000 prepared by Frank Kosztelnik as amended in red, and any supportive documentation, including Noise Assessment prepared by Koikas Acoustics Pty Ltd dated 5 January 2000, except as otherwise provided by the conditions of this consent.

Note: Modifications to the approved plans will require the lodgement and consideration by Council of a separate application pursuant to Section 96 of the Environmental Planning and Assessment Act, 1979.

29 To reduce nuisance from noise emissions on the surrounding residential properties the following shall be carried out in accordance with the recommendations of the Noise Assessment prepared by Koikas Acoustics Pty Ltd, dated 5 January 2000:

(a) Construction of a 2.4 metre high timber paling lapped and capped fence at the exit end of the car wash facility. (b) Reduction of the exit opening in order to minimise sound from flanking over the timber palling fence. (c) Provision of additional noise attenuation to the existing corrugated iron/colorbond roof. (d) Noise attenuation to the entrance end of the car wash facility by installation of a noise attenuating roller shutter door that prohibits operation of the facility if the roller shutter doors are open. (e) Relocation/adjustment of the existing mechanical plant exhaust grille to face away from residential properties and partial enclosure of the exposed duct work to further attenuate the plant noise.

30 To maintain an acceptable level of noise emitted from the site, noise emissions from the car wash shall not exceed 5dBV(A) above background noise at any time. Should noise readings exceed 5dB(A) above the background noise, the following further actions will be required: § Immediately cease use the carwash facility; and § prepare a plan to identify actions to prevent noise emissions from exceeding 5dB(A) above background noise levels; and § undertake necessary action to prevent noise emissions from exceeding 5dB(A) above background noise levels. Page 29

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Attachment 1

Note: Any further actions required to prevent noise emissions from exceeding 5dB(A) above background noise levels shall be to the satisfaction of Council and give due regard to the provisions of the Environmental Planning and Assessment Act, 1979 (as amended).

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Attachment 2

Approved Plan and Photographs of Subject Area

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Attachment 2

Approved Plan and Photographs of Subject Area

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ITEM NO: 6

SUBJECT: APPLICATION TO MODIFY DEVELOPMENT CONSENT NO. X01/0702 (ONE SUITE BED AND BREAKFAST ESTABLISHMENT IN CONJUCTION WITH THE EXISTING RESIDENCE) - LOT A DP 339798, NO. 107-109 RAILWAY PARADE, LEURA

FILE NO: X01/0702

Recommendation:

That Development Consent No. X01/0702 for a one suite bed & breakfast establishment in conjuction with the existing residence on Lot A, DP 339798, No. 107-109 Railway Parade, Leura, be amended as follows:

1. Condition No. 8 of the consent be amended to read:

“The driveway across the Railway Parade footpath area requires the construction of a new heavy duty layback and concrete apron. The concrete is to have a dark oxide finish. This construction is to include any necessary work to make the construction effective and will be at no cost to Council”.

2. Condition No. 17 be deleted.

Report by Group Manager, Environmental and Customer Services:

Reason for report In accordance with Council’s policy, an application seeking to modify the terms of a Development Consent determined by Council must also be reported to Council for consideration and determination.

Applicant/Owner Mr J P Seymour-Allan and Ms J Wakefield 107-109 Railway Parade Leura.

Application lodged 25 July 2002

Property address “Edelweiss” Lot A, DP 339798, No 107-109 Railway Parade, Leura. Page 33

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Subject Site

Site description The subject land is located on the south western corner of Railway Parade and Blackheath Street having frontages of 40.49 metres and 41.3 metres to each street respectively. The site has a total area of 1,732 square metres.

The residential dwelling on site is known as “Edelweiss” and is one of a number of dwellings built during the development of Railway Parade, following the construction of Leura Railway Station (c. 1890). The dwelling is situated on the western half of the lot with the eastern half of the site comprising a well maintained garden area.

The single storey dwelling consists of six bedrooms, two bathrooms, lounge room, sitting room, dining room, kitchen and laundry. Vehicular access is available from both Railway Parade and Blackheath Street via a continuous driveway, which enables vehicles to enter and leave the site in a forward direction.

The subject site is bounded by residential dwellings to the west, south and east (opposite side of Blackheath Street) with the main western railway line opposite Railway Parade to the north. The subject site is approximately 600 metres walking distance from the shops and restaurants in Leura Mall.

Proposal The approved application granted consent for a one suite bed and breakfast establishment.

This application seeks to amend Condition No. 8 and delete Condition No. 17.

Condition No. 8 seeks the construction of new heavy duty laybacks and concrete aprons for both the driveways across Railway Parade and Blackheath Street. Page 34

LAND USE MANAGEMENT Item 6 - Ordinary Meeting, 10/9/02

This amended application seeks to delete the driveway construction requirements for Blackheath Street.

The applicant states the current condition of the driveway (asphalt apron crossing and roll top kerb) is satisfactory for the proposed level of usage that will result from operation of the bed and breakfast establishment.

Condition No. 17 requires the applicant to obtain a Section 73 Certificate from Sydney Water.

The applicant states that the use of the property as a one suite bed and breakfast establishment in conjunction with the existing dwelling would result in a negligible increase on the sewer system.

A copy of the approved plan can be found in Attachment 1 to this Report.

Development controls Zoning · LEP No. 4 – Residential 2(a1). · Draft LEP 1997 – Living Conservation. · The site is also located within a designated Heritage Conservation Area - LA 29 (Streetscape and Houses) under LEP 1991.

Development Control Plan · Development Control Plan No. 16 – Bed and Breakfast.

Notification It was not considered necessary to notify this application due to the nature of the amendments sought.

Issues · Statutory Considerations · Environmental Impact

Assessment Issues

1. Statutory Considerations

In modifying a consent, Section 96 (1A) of the EP&A Act requires that the Council must be satisfied that the development to which the consent, as modified relates, is substantially the same as that previously approved. It must also involve minimal environmental impact.

Condition No. 8

The amendment to Condition No. 8 is considered reasonable. The existing asphalt crossing and roll top kerb in Blackheath Street will adequately serve the exiting of guest cars (they will enter via Railway Parade) and all movements by the resident’s car. No further works to the crossing is considered necessary. Page 35

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Condition No. 17

When the application was originally lodged with Council, it was for a two suite bed and breakfast establishment. Through the referral process, Sydney Water required, as a condition of consent, that a Section 73 Certificate be obtained by the applicant. The application was amended to a one (1) suite Bed and Breakfast Establishment during the assessment process and approved by Council. The application was not referred to Sydney Water (following the change from two suites to one suite). It is understood that Sydney Water believed the rooms for use as a bed and breakfast establishment would be in addition to the current existing six bedroom house.

Sydney Water was contacted in regard to this amendment. Sydney Water indicate that a conditions requiring a Section 73 Certification would not be necessary if existing rooms were being used for the bed and breakfast establishment.

As this is the case, Condition 17 may now be deleted.

2. Environmental Impact

The amendments sought are minor and will not involve or introduce any environmental impact. The development will remain substantially the same as that approved by Council 21 August 2001.

Conclusion

That the amended application can be properly approved subject to the following changes.

Condition No. 8 now reads:

“The driveway across the Railway Parade footpath area requires the construction of a new heavy duty layback and concrete apron. The concrete is to have a dark oxide finish. This construction is to include any necessary work to make the construction effective and will be at no cost to Council”.

Condition No. 17 is to be deleted.

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Attachment 1 - Plan

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ITEM NO: 7

SUBJECT: APPLICATION TO MODIFY DEVELOPMENT CONSENT NO. X00/0677 (RESIDENTIAL FLAT DEVELOPMENT COMPRISING 68 RESIDENTIAL UNITS, A GALLERY/COFFEE SHOP IN A SEPARATE BUILDING AND THE CONTINUATION OF THE USE OF THE NEW DEVELOPMENT FOR TOURIST ACCOMMODATION) - LOT 1 DP 1039994, NO. 100-124 LEURA MALL, LEURA

FILE NO: X00/0677

Recommendation:

That Development Consent No. X00/0677 for a residential flat development comprising 68 residential units, a gallery/coffee shop in a separate building and the continuation of the use of the new development for tourist accommodation on Lot 1, DP 1039994, No. 100-124 Leura Mall, Leura, be amended as follows:

1. Condition No. 1 of the consent is amended to read:

“To confirm and clarify the terms of consent, the development shall be carried out in accordance with the plans prepared by Perumal Pedavoli Architects numbered AS-00-001, AS-01-001-007, AS-02-001, AS-03-001 as amended by AW-100-001A dated 19.07.02 and J Pfeifer Landscape Architect numbered L01-1 and L01-2 dated 12 May 2000 and May 2000 respectively and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent”.

Report by Group Manager, Environmental and Customer Services:

Reason for report In accordance with Council’s policy, an application seeking to modify the terms of a Development Consent determined by Council must also be reported to Council for consideration and determination.

Applicant/Owner Leura Square P/L 38 Aeolus Ave, Ryde.

Application lodged 22 July 2002 Page 38

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Property address 100-124 Leura Mall, Leura.

Lot 1 DP 1039994

Subject Site

Site description The site, previously occupied by Leura Village Caravan Park, is located on the south eastern corner of the Great Western Highway and Leura Mall. The Western Railway Line adjoins the site to the south and detached residential development is located to the east. The Hillcrest Coachman Guesthouse/Restaurant is located opposite the site in Leura Mall and the remains of the Chateau Napier are located opposite the site on the Great Western Highway.

Background Development application X00/0677 for a residential flat development comprising 68 residential units, a gallery/coffee shop in a separate building and the continuation of the use of the new development for tourist accommodation was approved by Council on 25 August 2000. The approved application involves:

· Six three storey residential flat buildings containing 68 units; · One freestanding ‘Leura Township Entry’ tower in the northwestern corner of the site. · Residential and visitor parking for 107 vehicles comprising 98 spaces within the basement car parks and 9 external spaces including 2 spaces for use by persons with a disability; · Permanent and short term accommodation units under separate/individual ownership; · A separate building containing a gallery and refreshment room;

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· Car parking for 33 vehicles associated with the gallery building; · Landscaping of the site; and · Minor reconfiguration/upgrading of parking and landscaping along the frontage of the site in Leura Mall.

Construction of the development has commenced.

Proposal This application proposes to replace an approved 9.0 metre high tower in the north western corner of the site with landscaping and a boundary wall varying in height from 1.5 metres to 2.0 metres due to Roads and Traffic Authority roadworks to take place at the intersection of the Great Western Highway and Leura Mall.

The applicant has provided the following statement explaining the reasons and need for the amendment:

“The future design of the intersection (Leura Mall and the Highway) involves the Highway being tunnelled under Leura Mall. A roundabout served by on and off ramps to the Highway will replace the current intersection arrangement.

In order to facilitate the construction works of the tunnel and the temporary battering involved, a boundary adjustment of the subject site was undertaken giving the Roads and Traffic Authority (RTA) an increased landscape setback along the northern boundary. The adjustment brings the tower adjacent to the northern edge of the boundary.

The meaning of the tower has changed now that the Highway will run underneath Leura Mall and the intersection has become local in nature, serving traffic only to Leura. The tower had served as an entry point to Leura, marking the turn off at Leura Mall from the busy Highway. This will no longer be the case as there will be very limited visibility if any, of the tower from the Highway.

As such, we feel that the grand statement provided by the tower at this intersection would be more appropriately replaced by something more low key that will suit the future conditions.

In addition, the overshadowing effect of the tower will be detrimental to the proposed buildings along Leura Mall. The tower structure is due north of these buildings, and in winter especially would overshadow the courtyards of the adjacent buildings.

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In place of the existing tower structure, a face brickwork wall constructed along the boundary is proposed. It is a more appropriate treatment of the intersection, suiting the lower key nature of the future roundabout”.

A copy of the plan showing the amendment is provided in Attachment 1 to this Report.

Development controls Zoning · Local Environmental Plan (LEP) 4 – Residential 2(d). · LEP 4 – Special Purposes 9(a) (Parking). · Draft LEP 1997 – ‘Multi Unit Housing’.

Development Control Plans · Development Control Plan (DCP) 10 – Town Character Guidelines. · DCP 29 – Car Parking. · DCP 34 – Energy Efficiency Residential Development.

The land use is permissible with Council consent.

Notification The application was advertised for a period of 14 days from 31 July 2002 to 14 August 2002 in the Blue Mountains Gazette as well as written notification to adjoining and nearby properties.

One submission was received.

The submission states that the tower should not be deleted as the RTA considers the tower part of the “gateway” to Leura and it projects the image of the heritage village.

Response As outlined by the applicant, the roadworks proposed by the RTA will change the meaning of the tower and a grand ‘gateway’ to Leura will not exist. As to the tower contributing to the heritage status of the surrounding area, it is not considered that the deletion of the tower will negatively impact on the heritage status. The overall development as proposed will contribute the improvement of that area of Leura Mall.

Issues · Statutory Considerations · Environmental Impact

Statutory Considerations

In modifying a consent, Section 96 (1A) of the EP&A Act requires that the Council must be satisfied that the development to which the consent, as modified relates, is substantially the same development. It must also involve minimal environmental impact.

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An element of the development is proposed to be removed and no other changes to the development will occur. The tower structure on the corner of the Highway and Leura will now no longer have the desired effect sought by the applicant prior to approval of the original application, due to the road and intersection works to be undertaken by the Roads and Traffic Authority.

Environmental Impact

While an element of balance existed between the two tower structures on the north west and south west corners, it is not seen as detrimental to the overall proposal that the subject tower is deleted. Given the roadworks to take place, the development will be more ‘low key’ in appearance and more in character with the future streetscape.

Conclusion

The proposed change involves minimal environmental impact with the development remaining substantially the same as that approved by Council. It is recommended that Council modify the consent as sought by the applicant for the reasons submitted to Council.

The appropriate amendment to the consent is achieved by amending Condition 1 of the consent as indicated in the recommendation.

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Attachment 1 - Plans

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LAND USE MANAGEMENT Ordinary Meeting, 10/9/02

ITEM NO: 8

SUBJECT: DEVELOPMENT APPLICATION NO. X02/0792 FOR THE REPAIR AND REFURBISHMENT OF THE MOUNT WILSON PUBLIC HALL ON LOT 1 DP 334342, NO. 34 THE AVENUE, MOUNT WILSON

FILE NO: X02/0792

Recommendation:

That Development Application No. X02/0792 for refurbishment works to the Mount Wilson public hall on Lot 1, DP 334342, No. 34 The Avenue, Mount Wilson be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this Report.

Report by Group Manager, Environmental and Customer Services:

Reason for report Property owned by Council. Generated significant public interest.

Applicant/ Owner Blue Mountains City Council

Application lodged 22 May 2002

Property address 34 The Avenue Mount Wilson

Subject Site

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Background Development Application X01/1363 for the refurbishment of the Mount Wilson public hall was originally submitted on 15 October 2001. Due to a number of public submissions and inadequate detail in the submitted plans and documents, the application was withdrawn 14 May 2002 and resubmitted 22 May 2002 with the necessary documentation.

Site description The subject land is located on the southern side of The Avenue and comprises one allotment having a total area of 1,283 square metres. The site slopes gently from north east to south west. The site has a 60.5 metre frontage to The Avenue. The lot is largely cleared, however some Radiata pines remain inside the southern boundary.

A single storey public hall is located approximately in the centre of the site. The building consists of a hall, foyer, store, toilets and kitchen. It has a maximum height of 5.5 metres and an approximate floor area of 156 square metres. Construction materials include weatherboard cladding and pressed metal roofing.

The site is a listed heritage item under Schedule 2 of LEP 1991, MW10 – Village Hall.

Proposal Stage 1 works to the hall (the subject of this application) seeks approval for “make safe” works, which will entail repair and maintenance of the building. These works will make the building structurally stable and will allow it to be reopened and used by the public for its designated purpose. There is no increase in building height or footprint.

The upgrading work focuses on repair rather than replacement of the hall’s building fabric.

Stage 2 works (the subject of a further application) will be carried out to meet licensing requirements and include the construction of an access ramp, required sanitary facilities and upgrading of the existing emergency lighting.

A copy of the plans showing the site area and extent of the upgrading/refurbishment works proposed are provided in Attachment 2 to this Report.

Development controls Zoning: LEP 1991 - Rural Conservation (Mount Wilson)

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Notification The application was advertised for a period of 30 days from 29 May 2002 to 27 June 2002 in the Blue Mountains Gazette as well as written notification to adjoining and nearby properties.

Eight (8) submissions were received. Four (4) of those submissions supported the application and four (4) raised problems with the submitted documents.

Issues Resident issues of concern were:

· Plans and specifications submitted contain errors and/or irrelevant information. · The documents do not allow a contractor to give an accurate price for the works. · The remedial work does not bring the structure into compliance with the relevant safety codes for a public hall.

These issues will be discussed in ‘Public Submissions’ below.

Resident issues in support of the proposal focussed on the need to have the building brought to an appropriate standard for community use.

Assessment issues · Statutory Controls. · Heritage Impact. · Public Submissions.

Discussion of Issues

1. Statutory Controls

The site is zoned Rural Conservation (Mount Wilson). A public hall is within the definition of ‘Community Centre’ as defined in LEP 1991 and as such is permissible with the consent of Council.

2. Heritage Impact

A Conservation Management Plan for the hall has been prepared for Blue Mountains City Council by Hubert Architects (15 February 2001). This Plan documents the social and historical significance of the hall, provides conservation guidelines and suggests possible treatments of the hall (from relocation on the site to appropriate extensions).

The Conservation Management Plan concluded that the hall with improvements and repairs could be retained.

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The proposed works, techniques and procedures to be adopted are appropriate and sympathetic to the heritage values of the site, a conclusion also reached by Council’s Heritage Advisor.

3. Public Submissions

The application was not referred to any statutory authorities.

As stated earlier, four submissions were received from the public raising concerns with the proposal. A response is made to those concerns below.

Plans and specifications submitted contain errors and/or irrelevant information.

Response: It is acknowledged that the submitted documents did contain some errors and irrelevant information. The specification placed on exhibition was only a draft document, which will allow for amendments to be made after interested parties have viewed such documents and as the project reaches commencement. The architects engaged for this project will correct errors and further refine the documents prior to and as the project commences.

The documents do not allow a contractor to give an accurate price for the works.

Response: The usual case with existing buildings is that the final scope of works cannot be assessed until specific areas of the building are opened up by the builder. The process proposed for this application is one that aims to achieve the best possible price.

The remedial work does not bring the structure into compliance with the relevant safety codes for a public hall.

Response: This application seeks consent for Stage 1, repair and upgrade works. This will allow the building to be reopened and used by the public. It is not intended that these works fulfil all the necessary licensing requirements. They will be provided in Stage 2 works.

Conclusion

The hall has been unavailable for public use for up to two years. The works proposed will not significantly alter the appearance of the hall, will respect its heritage significance and, most importantly, will allow it to be used by the public once again.

It is proposed to grant consent to the application subject to the attached conditions.

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Attachment 1 - Conditions of development consent

Development consent 1. Blue Mountains City Council issues its consent, subject to conditions stated hereunder, in accordance with Section 80A of the Environmental Planning & Assessment Act 1979.

To confirm and clarify the terms of consent, the development shall be carried out in accordance with the plans prepared by Design 5 Architects numbered 0209/A2/01 dated September 2002 and prepared by HughesTrueman numbered 00S317-S01 & 00S317-S02 dated 10.05.02 and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent.

Period of development 2. This consent is for a two year period from the date of this consent notification. Should work not be physically commenced within this period the consent will lapse.

Building Code of 3. All building work must be carried out in accordance with Australia the provisions of the Building Code of Australia.

Site management 4. To safeguard the local amenity, reduce noise nuisance and to prevent environmental pollution during the construction period: a) Site and building works (including the delivery of materials to and from the property) shall be carried out Monday to Friday between 7am-6pm and on Saturdays between 8am-3pm. Alteration to these hours may be possible for safety reasons but only on the approval of Council. b) Stockpiles of topsoil, sand, aggregate, spoil or other material shall be stored clear of any drainage path or easement, natural watercourse, footpath, kerb or road surface and shall have measures in place to prevent the movement of such material off site. c) Building operations such as brickcutting, washing tools, concreting and bricklaying shall be undertaken on the building block. The pollutants from these building operations shall be contained on site. d) All building and demolition waste must not be burnt or buried on site. All waste (including felled trees) must be contained and removed to a Waste Disposal Depot. Page 48

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Attachment 1 - Conditions of development consent

Materials & colours 5. a) Materials used are to match the existing building. b) The building is not to be painted prior to the colours used being approved by Council.

Dust control 6. The techniques adopted for stripping out and for demolition are to minimise the release of dust into the atmosphere. + Before commencing work, any existing accumulations of dust are to be collected, placed in suitable containers and removed. Selection of appropriate collection techniques, such as vacuuming or hosing down, shall take account of the nature of the dust and the type of hazard it presents (eg., explosive, respiratory etc). + Dust generated during stripping or during the breaking down of the building fabric to removable sized pieces shall be kept damp until it is removed from the site or can be otherwise contained. The use of excess water for this purpose is to be avoided. It should be borne in mind, that in certain environments and under certain stimuli, deposits of combustible dust on beams, machinery and other surfaces may be subject to flash fires, and suspensions of combustible dusts in the air can cause them to explode violently (see NFPA Handbook).

Removal of hazardous 7. Removal of dangerous or hazardous materials shall be waste carried out in accordance with the provisions of all applicable State legislation and with any relevant recommendations published by the National Occupational Health and Safety Commission (Worksafe Australia). + Only competent persons, or competent and registered persons shall carry out removal. + Removal of asbestos or materials containing asbestos fibres, shall be in accordance with the NOHSC code of practice. + Precautions to be observed and procedures to be adopted during the removal of dangerous or hazardous materials other than asbestos, shall be in accordance with the relevant State regulations pertaining to those materials.

Stage Two works 8. A development application must be submitted to Council within two (2) years from the date of this notification for Stage Two works.

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Attachment 2 - Plans

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ITEM NO: 9

SUBJECT: DEVELOPMENT APPLICATION NO. X02/0481 FOR A SEPP 5 DEVELOPMENT BEING HOUSING FOR OLDER PEOPLE OR PEOPLE WITH A DISABILITY COMPRISING 19 RESIDENTIAL VILLA UNITS ON LOT 1 DP 6067, LOT 2 DP 726048, LOT 1 DP 920409, LOT 3 DP 910814, LOT 1 DP 304470, LOT 1 DP 726048, LOT B DP 339848, LOT 1 DP 341299, LOT 2 DP 341299 AND LOT 6 DP 11840, KNOWN AS NO. 5 BADGERY CRESCENT AND NOS. 5–13 SAN JOSE AVENUE, NOS. 4–6 HUGHES AVENUE AND NO. 10 HUGHES AVENUE, LAWSON

FILE NO: X02/0481

Recommendation:

That Development Application No. X02/0481 for a SEPP 5 development being housing for older people or people with a disability comprising 19 residential villa units on Lot 1 DP 6067, Lot 2 DP 726048, Lot 1 DP 920409, Lot 3 DP 910814, Lot 1 DP 304470, Lot 1 DP 726048, Lot B DP 339848, Lot 1 DP 341299 and Lot 2 DP 341299 and Lot 6 DP 11840, known as No. 5 Badgery Crescent and Nos.5–13 San Jose Avenue, Nos. 4–6 Hughes Avenue, and No. 10 Hughes Avenue, Lawson be refused pursuant to S.80 of the Environmental Planning and Assessment Act 1979 for the following reasons:

1. The site is not suitable for the proposed intensity of development as demonstrated by the amount of cut and fill required and extent of pathways provided.

2. The proposed development is inconsistent with the character of the surrounding area both in architectural style and the density of the proposal or the separation of buildings on adjoining properties.

3. The proposed development is anticipated to have an unreasonable adverse impact on the amenity of adjoining properties by way of overlooking from the development, in particular from the decks to Units 9, 10, 11 and 19 and also due to the appearance of the development from surrounding properties.

4. The proposed development does not provide for a reasonable level of amenity for occupants, particularly in respect to Units 2, 3, 6, 7, 8, 12, 13 and 14 due to the size and location of courtyards, the amount of private open space, and less than 3 hours of available sunlight during mid winter and overshadowing.

5. The minimum site frontage of 15.0 metres is not available and the applicant’s SEPP No. 1 objection is not supported. Page 51

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6. The effect that the development would have on the heritage significance of the North Lawson Heritage Conservation Area is unacceptable. The proposal is inappropriate in relation to the existing context and out of character with the setting of existing houses. Buildings 7 and 9 will each incorporate three dwellings. These buildings will be significantly larger than the buildings on adjoining properties, including buildings within the Heritage conservation Area. The applicant has not adequately addressed issues of bulk and scale arising from the size of buildings. The applicant’s Statement of Heritage Significance and Statement of Heritage Impact are considered to be inadequate documents.

7. Detailed plans of the proposed pedestrian ramp/pathway from the site to San Jose Avenue have not been provided. It is envisaged that the extent of handrails and retaining required will have an adverse impact upon the San Jose Avenue streetscape and Heritage Conservation Area.

8. The development application proposes landscaping and drainage works on land that is not the subject of the application.

Report by Group Manager, Environmental and Customer Services:

Reason for report In accordance with Council Policy and delegations, this Application is referred to Council for determination as the estimated value of construction for the development is in excess of $1 million (estimated $2.3 million)

Applicant Sozero Pty Ltd C/- McCarthy & Roberts, Architects

Owner Buena Vista Petersham Pty Ltd and Lawrence Browning Pty Ltd

Application lodged 28 March 2002

Property address 5 Badgery Cres, 5–13 San Jose Avenue, 4–6 Hughes Avenue and 10 Hughes Avenue, Lawson Page 52

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Proposed subdivision

Current Site Location

Site description The subject site is located centrally between San Jose Ave, Hughes Ave and Badgery Crescent, Lawson. The site is the result of a recent re-configuration of ten (10) allotments approved by the Land and Environment Court on appeal. Whilst the subdivision to create the subject site has been approved, the subdivision is yet to be registered. The site comprises an area of 10,900m2 effectively being an amalgamation of the rear yards of the existing lots fronting the bordering streets.

The site is generally rectangular however includes two (2) access handles to San Jose Avenue. A Right of Way exists to Hughes Avenue. The land falls steeply from west to east and there is a change in levels of 11.0 metres within the proposed construction area. Approximately 60% of the site has a gradient steeper than 1:10.

Improvements upon the site include three (3) garages; the remainder of the site is largely cleared apart from a small area of trees in the northeastern corner of the site.

Single residential cottages on smaller lots surround the subject site. Page 53

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Proposal The subject application seeks Development Consent to construct nineteen (19) residential units under the provisions of SEPP No. 5—Housing for Older People or People with a Disability.

The proposed unit configuration is as follows:

· All units are single storey, brick veneer with colorbond roofs.

· All units are three (3) bedroom villas apart from Units 1, 2, 5 and 18 which are two (2) bedroom units. All the three bedroom units include an ensuite.

· The applicant has indicated that Units 7, 8, 13 and 14 will be adaptable units within the provisions of SEPP 5. These units include level and accessible access to all essential areas and facilities including their courtyards.

· The proposal incudes a small meeting room and also incorporates landscaping, fencing, driveways, off site stormwater detention and visitor parking facilities.

Selected reduced plans showing the proposed development are included as Attachment 1 to this Report.

Development controls Zoning –

· Part Residential 2 (c1) under Local Environmental Plan No. 4 being Nos. 5 to 13 San Jose Avenue, Lawson. · Part Residential 2(a1) being Nos. 4, 6 and 10 Hughes Avenue and No. 5 Badgery Crescent. · Proposed ‘Living’ under Draft Local Environmental Plan 1997.

Other Planning Instruments

· State Environmental Planning Policy No. 5 - Housing for Older People or People with a Disability. · Development Control Plan No. 10 - Town Character Guidelines. · Development Control Plan No. 34 - Energy Efficiency for Residential Development. · Development Control Plan No. 38 - Housing for Older People and People with a Disability.

Part of the subject site is listed as Heritage Precinct LN 30 under Local Environmental Plan 1991. Page 54

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Draft LEP 1997 has been the subject of a public hearing undertaken as a Commission of Inquiry. Commissioner Carlton’s report into Draft LEP 1997 raised concern with the range of permissible uses in the Living zone of the Lawson Heritage Conservation Area. The Commissioner recommended that a Living Conservation zone was appropriate for the site.

Notification The application was initially exhibited by way of an advertisement in the Blue Mountains Gazette, as well as written notification to adjoining and nearby property owners for a period of forty-eight (48) days from 17 April 2001 to 3 June 2002.

A total of 148 submissions were received. Approximately 100 submissions were of a form letter style. Two submissions were in support of the proposal. These can be summarised as follows:

· The development will not adversely impact upon the environment or the area and this type of housing is needed for the ageing local population. · The site is convenient to facilities.

Objections to the development are summarised below:

· The development adversely impacts on the heritage values and significance of the area. · The proposal is an overdevelopment of the site. · The proposal is out of character with its surrounds. · Traffic concerns. · The road bridge to Lawson is unsuitable for pedestrians. · The internal driveway is steep and narrow and does not cater for garbage vehicles and emergency vehicles. · Drainage concerns. · Increased noise. · The proposal is not suitable for use by older people. · Draft Local Environmental Plan issues. Moratorium on SEPP 5. · There are no medical practitioners offering their services in Lawson. · Lawson is to be demolished (which relates to the provision of services for the development). · Lawson railway station is accessed by stairs. · Tree loss. · Disturbance during construction. · Unsatisfactory garbage disposal provisions. · Loss of property values.

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· Privacy loss. · Provision of Utility Services. · Impacts upon natural environment (hanging swamps, water quality).

These matters are addressed in the body of this Report.

Issues Assessment issues –

§ Statutory considerations. § Design and character. § Heritage. § Suitability of the site for development. § Traffic. § Resident Submissions.

Discussion of Issues

1. Statutory Considerations

The application has been assessed against the relevant provisions of Section 79C of the Environmental Planning and Assessment Act 1979 and for compliance with SEPP 5, Development Control Plan 38 – Housing for Older People and People with A Disability (DCP 38), Development Control Plan 34 – Energy Efficiency for Residential Development (DCP 34) and Development Control Plan 10 – Town Character Guidelines (DCP 10).

Pursuant to Clause 5 of SEPP 5, this instrument prevails over any other environmental planning instrument to the extent of any inconsistency, with the exception of land identified as environmentally sensitive. Therefore, as the site is zoned Residential 2(c1) and Residential 2(a1), SEPP 5 is the primary instrument to be considered by Council with respect to this development.

The development would also be permissible under the ‘Living’ zone of Draft Local Environmental Plan 1997 as exhibited. Commissioner Carlton has however recommended a Living Conservation zone be applied to the site. This would have the effect of prohibiting the development.

SEPP 5 relates to the provision of housing for older people or people with a disability. The applicant has indicated that the development is principally directed at providing housing for older people, that is people over 55 years of age, however the site is suitable for occupation by people with a disability.

The provisions of the SEPP relate to services, location and design matters. In terms of location and services, considerations include proximity/access to, and availability of appropriate commercial facilities, support services and transport facilities. Site specific matters include the design of the development, landscaping, disabled access facilities, amenity of residents and stormwater disposal.

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Clause 12(1) requires the development to be within 400 metres walking distance to affordable facilities and support services. The applicant states that the majority of the required services are not within the 400 metres walking requirement. It is noted that the Lawson Town Centre contains no bank branches, dentists or medical practitioners. The applicant is however relying on Clause 12 (2) instead, which is the site’s proximity to Lawson Railway Station and bus stops being approximately 320 metres from the site. These distances are measured from the top of the access handle adjacent to No. 5a San Jose Avenue and do not include the added distance involved in negotiating the convoluted access ramp.

The applicant also states that some of the gradients in the railway underpass exceed the guidelines on SEPP 5 issued by the former Department of Urban Affairs and Planning.

The applicant has indicated that the path of travel from the site to the Village centre, train station and bus stops is less than 1 in 14 except at the railway underpass. However, a Surveyor’s Report, confirming the grades has not been submitted nor have longitudinal sections, which are repeatedly referred to in the applicant’s supporting documentation. Notwithstanding, a site inspection indicates these steeper sections are relatively short in distance.

Clause 13 (3) requires a minimum site frontage of 15 metres. The applicant has lodged a SEPP 1 objection to the development standard above. In this regard, much of their rationale for the variation is that there are no buildings proposed in the access handle that would normally otherwise be a potential impact (on a narrow, less than 15 metre wide block), yet the proposal includes a convoluted access ramp between Nos. 5a and 7 San Jose Avenue. Council has requested the applicant to provide an elevation or a section plan demonstrating the design of this structure. This has not been forthcoming. Until this plan is available, Council is not in a position to support the SEPP 1 objection with any confidence that the amenity impacts will be satisfactory.

Clause 25 of SEPP No. 5 relates to design and character and this issue are discussed later in this Report.

Development Control Plan No. 38 contains locational criteria requiring the site to be within 1000 metres via a pedestrian footpath of Lawson shopping centre. The proposal complies. The site is required to be within 250 metres of public transport at a maximum grade of 1:14. The closest public transport is Lawson Railway Station and therefore the Development Control Plan has not been satisfied.

The Development Control Plan includes controls which relate to exterior design requirements. These controls are similar to Clause 25 of SEPP No. 5 and are not considered to be satisfied as discussed later in this Report.

Other requirements contained in the Development Control Plan are considered to have been met.

Development Control Plan No. 34—Energy Efficiency for Residential Development requires that a NatHERS assessment of each unit be conducted. The applicant’s report indicates that each unit achieves the minimum 3.5 star rating required by the Development Control Plan.

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2. Design and Character

Proposed Design

The proposal is, in essence, a medium density development comprising nineteen (19) units within eleven (11) separate buildings. The side elevations submitted with the application (Attachment 1) demonstrate that the development will present as numerous brick veneer units stepped up the site. The applicant has made some attempt to articulate the buildings, provide steeper roof pitches and provide window detailing to improve the appearance, however these are considered to be token.

Of particular concern with the proposal is the agglomeration of buildings on the site. The only area of any relief from buildings and pathways is ‘the glade’ landscaped area. Another area indicated as ‘the lawn’ is surrounded by retaining walls and ramped pathways that detract from this area considerably. The visual impact of the nineteen (19) units would be inconsistent with the character of the surrounding low density development of single dwellings/cottages on reasonably large garden blocks, many with larger trees and large side separation between cottages. The proposal involves two (2) buildings which group three (3) units together. These buildings are considered to be inconsistent with the established character of the area particularly the heritage precinct of San Jose Avenue.

The density of this development must also be considered in relation to the earthworks that would be required. The proposal involves substantial benching of the site in order to achieve level areas of construction so that the disabled access grades required under SEPP 5 are obtained. As mentioned previously, much of the site has a gradient in excess of 1:10. All paths of travel throughout the site are required to be no greater than 1:14. This presents obvious difficulties when proposing to locate nineteen (19) dwellings on the site. The resultant impact is that Unit 6 has a narrow courtyard that is excavated. Units 7 and 8 have deeply excavated courtyards of approximately 2.0 metres and 1.5 metres respectively, Unit 12, 3.0 metres, Unit 13, 2.5 metres, and Unit 14 approximately 1.8 metres. The applicant has indicated the provision of 1.2 metre high metal picket fences above these retained courtyards. It is considered however, that in order to achieve suitable levels of privacy to these courtyards, the provisions of a standard 1.5–1.8 metre high fence on top of the retaining walls would be necessary as indicated in the applicant’s Statement of Environmental Effects. However, in combination with the required retaining walls the result will be significant overshadowing of these courtyards and certain units.

Overshadowing of the courtyards is a major concern as the height of the retaining walls creates greater afternoon overshadowing than provided by the existing topography on what is essentially an east-facing slope. The applicant has provided additional overshadowing diagrams for 10.30 am and 1.30 pm for mid winter. The diagrams indicate sunlight from approximately 10.45 am to 1.10 pm which is minimal. It does not appear that the required 1.8 metres fencing for the privacy of these courtyards has been taken into consideration when developing the shadow diagrams. It is also considered appropriate that the applicant have regard to the shadow cast by neighbouring trees and the proposed new plantings. It is noted that this vegetation is required to provide privacy and to integrate the proposed into the surrounding area. Unit 3, whilst enjoying a northerly aspect is likely to be in shade virtually all day during winter. Units 1, 2 and 9 are similarly affected.

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The south facing courtyards of Units 4, 5, 15, 16 and 17 are obviously greatly overshadowed by their respective units during winter. The effect of proposed vegetation in the courtyards has also not been taken into account by the applicant such as Units 18 and 19.

Pathways and roadways are located immediately adjacent to and above the retained areas. For occupants of Units 12 and 13 (Unit 13 being an adaptable unit) enjoyment of their private open space would entail vehicles driving past at approximate head height separated by only a picket fence. The amenity of these courtyards is unsatisfactory when considering the courtyard of Unit 12 has the potential for vehicles from three (3) parking spaces above it to reverse and expel exhaust directly into the courtyard at these elevated levels. Headlight glare and vehicle noise between units is also likely due to the proposed arrangements.

In order to obtain required accessibility grades, a number of units have elevated floor levels at the rear of the dwellings. As the courtyards for these units are an average 1.8 metres below the level of the back door, decks measuring at least 3.0 metres by 4.0 metres have been provided in an attempt to better satisfy SEPP 5. The decks provided to units 9, 10, 11 and 19 are considered to result in an unacceptable level of overlooking to the adjoining property.

The access to and throughout the site is achieved via a driveway that is central to the development. The driveway is proposed to be three (3) metres wide at its narrowest point and includes adequate passing and manoeuvring areas for vehicles using the site including delivery, garbage and removalist vehicles. The proposed design provides adequate areas where garbage bins could be stored. Some of the garbage pick up areas may need to be relocated to the left hand side of the driveway depending on the garbage contractor’s advice.

Separate pedestrian facilities are provided. This is necessitated due to the driveway being steeper than 1:14 in locations.

Where this occurs, the driveway will be adjoined by pathways that are at different levels and grades (usually elevated). The visual impact of the pathway system is potentially significant. A section plan has been provided by the applicant however interpreting the plan is difficult due to its scale.

Landscaping around the perimeter of the development is considered suitable to provide some softening of the proposal to immediate neighbours however opportunities for tree planting internal to the site are limited. Apart from ‘the glade’, internal landscaped areas are minimal. Larger areas for medium sized tree plantings would benefit the development by better screening and softening the buildings, retaining walls, stairs and driveways.

DCP 10 requires infill development to have regard to its setting and to respect its neighbours. A range of design criteria is established which, if followed, allows new development to occur which nestles into its surrounds without any discernible adverse impacts. The proposed development is considered to change the character of the area considerably.

Surrounding development consists of single dwellings only. It is appreciated that SEPP 5 allows development on this site with a floor space ratio of up to 0:5:1. This figure might be achieved with a highly compact townhouse style development in inner city locations, however the SEPP also requires Councils to make an assessment of character and design issues at Clause 25, specifically (ii) and (iv): Page 59

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“(ii) where possible, retain, complement and sensitively harmonise with any heritage conservation areas in the vicinity and any relevant heritage items that are identified in a local environmental plan, and

(iv) where possible, maintain reasonable neighbour amenity and appropriate residential character by using building form and siting that relates to the site’s landform.”

As previously discussed in this Report, it is considered that the proposal fails to maintain reasonable neighbour amenity and appropriate residential character due to the number of units and their placement on the site, particularly given the site constraints of slope. In this regard, when viewed from all directions, the development will present as an almost continual row of buildings with very little in the way of open space available for landscaping to break up this appearance. This is considered to be inconsistent with the character of the surrounding properties that have large areas of open space and, in some cases gardens.

3. Heritage

Council’s Heritage Advisor has reviewed the application and considers the proposal to be inappropriate in relation to the existing context and out of character with the setting of existing houses. The documentation submitted with the Development Application is considered inadequate. Essentially the applicant has failed to provide an adequate Statement of Heritage Significance which is the essential starting point for a Statement of Impact to be judged against. Council’s Heritage Advisor has advised that the Statement of Heritage Impact provides little if any specific information on the character of the new development nor does it really address its various impacts. Overall, it is an inadequate analysis and evaluation and provides little assistance to Council regarding the nature of the heritage impacts and appropriate measures to deal with these.

Clause 58 of Local Environmental Plan No. 4 states that the Council shall not:

“5(c) grant consent to a Development Application in respect of development in a Heritage Conservation Area unless it has assessed the effect that the development would have on the heritage significance of the heritage item or Heritage Conservation Area.”

The applicant has submitted a Statement of Heritage Impact that is considered to be inadequate. The applicant has not provided a Statement of Significance. It is not presently possible, on the basis of the Statement of Heritage Impact, to determine the impact of the development on the North Lawson Heritage Conservation Area. On the basis of the information currently available to the council it is considered that the proposal would have an unacceptable impact upon the conservation area due to the size and massing of buildings and in particular, buildings 7 and 9 which are much larger building elements than found elsewhere in the conservation area.

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Natural Environment

The subject site drains eastward into Frederica Falls. Subdivision works are currently in progress on the site and incorporate a new interallotment drainage system which takes all stormwater and surface water to Hughes Avenue via a detention system. This system is capable of accommodating the proposal in accordance with drainage plan No. 2000/023/01– 1A submitted with the Development Application.

Owing to the stormwater being treated by a detention system, post development flows will be no greater than pre-development flows and therefore considered to have no impact on hanging swamps or other surrounding environmental features to the north of Lawson.

4. Suitability of the Site

As stated in previous sections of the Report, the site is located on the northern side of the Great Western Highway and is 402 metres from the Lawson Village. The facilities available in the Village include a small supermarket, specialty shops and recreation facilities. A Bowling Club is situated between the site and the Village Centre.

There is a reasonable level of bus service operating in the area providing access to the Villages along the Great Western Highway from Woodford to Katoomba. The bus stops and Lawson Railway Station are approximately 320 metres from the subject site.

In accordance with Clause 25 of SEPP5 the proposed development should have convenient, obvious and safe pedestrian access and bicycle links from the site to public transport and local facilities. The pedestrian facilities in the vicinity of the site are located on Badgerys Crescent and extend the full distance to Lawson Village and the local services. Any approval would require that a footpath be constructed from the driveway entrance at San Jose Avenue to meet the Badgerys Crescent footpath. Council’s DCP 38 requires that access between the development and the nominated centre (i.e. Lawson Village) is to be via a level footpath with a continuous accessible path of travel that does not have a slope steeper than 1:14. The route should generally not require pedestrians to cross roads other than local roads without the use of a signalised crossing, and provides comfortable access for people in wheelchairs or utilising electrical carts, personal transporters or the like.

The subject design includes a central driveway, which forms a spine through the development. The pedestrian pathways however are convoluted. If following the pathways and using the stairs, the routes through the site are straightforward, however in order not to exceed a 1:14 grade, much manoeuvring throughout the site would be required. The access ramp to San Jose Avenue is considered particularly impractical. As such it is considered that the development, as designed, is not suitable for housing for older people and people with a disability. A reduction in the number of units proposed for the site may allow a more suitable design.

Issues such as retaining walls due to the extent of necessary cut and fill has already been discussed which strongly indicate the unsuitability of the site for this particular proposal.

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5. Traffic and Parking

A number of submissions were received during the community consultation process, raising concerns regarding the likely increase in traffic associated with the subject development. The likely impacts of the development have been reviewed by Council officers with the following conclusions:

§ The proposed development will generate 12 vehicle trips per hour during peak hours. § This traffic generation will not have an adverse impact on the operation of surrounding streets and intersections. § The development must adopt a one way traffic system from San Jose Avenue to Hughes Avenue. § Onsite vehicle passing areas provide adequate space for car and service vehicles within the site. § The 3.0 metre wide access to Hughes Avenue is satisfactory subject to the provision of an additional 1.2 metres wide footpath and that the access is one way out.

It is not anticipated that there will be any significant impact from a traffic perspective from the proposed development. However, the amount of parking provided onsite has been assessed as being a potential issue of non-compliance with SEPP5, in regard to the number of spaces available for residents and the number of spaces available for visitors.

6. Resident Submissions

The majority of issues raised as a result of the community consultation process have been addressed in the preceding sections of this Report.

Conclusion

One of the primary objectives of SEPP 5 is to provide housing in a location and of a type which is suitable for older people and people with a disability. With this in mind, the access from the subject site to appropriate services and support facilities for a range of aged/disabled persons has been provided in accordance with SEPP 5 which allows the development to simply rely on train or bus services. These are both available.

It is considered however, that the development has not been designed to reflect the constraints of the site or the character of the existing adjoining residential land. A thorough heritage assessment of the precinct or heritage impacts has not been conducted. There are also outstanding issues regarding the level and accuracy of information provided in support of the proposal including overlooking and privacy concerns. The section drawings are not of a suitable scale and there is no elevation or section of the large ramp for the use of persons with a disability. Elevations of internal pathways, and their relationship to driveways and buildings, are not shown on any elevational plan.

It is recommended that the application be refused.

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Attachment 1

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Attachment 1

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Attachment 1

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ITEM NO: 10

SUBJECT: DEVELOPMENT APPLICATION NO. X02/0866 FOR THE CONVERSION OF A PORTION OF THE FRONT LAWN AREA OF THE CARRINGTON HOTEL INTO PUBLIC GARDENS/TOWN SQUARE ON LOT 1 DP 882320, CARRINGTON HOTEL, NOS. 15-47 KATOOMBA STREET, KATOOMBA

FILE NO: X02/0866

Recommendation:

That Development Application No. X02/0866 for the conversion of a portion of the front lawn area of the Carrington Hotel into public gardens/town square on Lot 1, DP 882320, Carrington Hotel, Nos. 15-47 Katoomba Street, Katoomba be determined pursuant to Section 80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this Report.

Report by Group Manager, Environmental and Customer Services:

Reason for report The Carrington ‘Town Square’ project is part of the Katoomba revitalisation project and has received considerable community input and consultation. The report also informs Council of the nature of work to a significant heritage listed property. Applicant Blue Mountains City Council Owner Balpar Pty Ltd Application lodged 5 June 2002

Property address Carrington Hotel, No. 15-47 KatoombaPL Street, Katoomba 5-155-15

1717 128128 2A2A 2-42-4 23-2523-25 128128 2A2A 23-2523-25 Subject Site 35 118118 25A-2725A-27 118118 GANG 9898 7-97-9 25A-2725A-27 9696 8484 7272 66 ST 25A-2725A-27 25A-2725A-27 ST 8-328-32 8-328-328-328-32 ST 25A-2725A-27 15-4715-47 3636 3636 55 ST 25A-2725A-27 4444 6666 99 56566666 COLLEGE 99 2424 7272 LN 49-5749-57 99 2424 3131 7272 7171 49-5749-57 66AKatoomba66A Street 59-6159-61 2828 717166 68-7468-74 2828 30-3230-32 717166 63-6763-67 1515 3737 30-3230-32 FROMA LN 8686 8484 7373 8686BURSILL 17-1917-19 LN 3434 4747 7171 2121 Page 66

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Background The issue of upgrading and altering part of the Carrington front gardens to create an area of public space has long been on the community agenda. The Katoomba Charette, held in October 1998, further identified the community’s need and expectations for the creation of an area of public open space along Katoomba Street.

Site description The site is located on the western side of Katoomba Street approximately 40 metres south of Main Street and has an area of approximately 1.226 hectares. The site has frontages to Katoomba Street, Main Street, Parke Street and Froma Lane and is occupied by the State Heritage listed Carrington Hotel, which is sited in a prominent location facing east toward Katoomba Street. The Carrington Hotel has undergone extensive renovations and restorative works in recent years and is still subject to upgrading works within various parts of the building and grounds.

A large landscaped garden area presents to the Katoomba Street frontage. The garden is terraced in two levels and is relatively symmetrical with a southern and northern driveway from Katoomba Street bordering the garden and meeting at the ‘Grand Forecourt’ area in front of the Hotel.

There is currently no ready public access to the garden from Katoomba Street as it is private land bordered by a 1 metre high stone wall, with a 1.5 metre cyclone mesh fence atop the stone wall.

An informal seating area associated with the public bar to the north of the site is located on the northern side of the garden, adjacent to the northern driveway arm.

The site is also occupied by a large parking area to the south of the Hotel for use by Hotel customers.

A bus stop is located in front of the landscaped public area which is a key public transport node, serving Katoomba and upper Mountains residents as well as providing public transport to numerous tourist attractions within the locality.

Proposal The application proposes to:

1. Redevelop the gardens at the Katoomba Street frontage and the footpath area fronting the site to create a public ‘town square’ to be accessed from Katoomba Street (proposed to be called ‘Carrington Place’); and

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2. The remainder of the front garden (proposed to be called Carrington Gardens) being the upper terrace and Hotel forecourt is to be upgraded for use by hotel patrons and will remain the property of and be managed by the Carrington Hotel owners. A small component of the front portion of the garden, is to be identified for a possible future ‘beer garden’ and is to remain under the Carrington owners’ management.

Proposed works also include the realignment of the kerb and reconstruction of the footpath fronting the site and renewal of street furniture (seats, bin and bus shelter) within the site frontage. The footpath is to be widened by approximately 600mm for the length of the Carrington frontage which is anticipated to reduce the current pedestrian conflict experienced in the area. The proposed road widening will result in a finished horizontal road alignment of 12.1 metres which is consistent with RTA guidelines.

Details of the components of the redevelopment are as follows:

Carrington Gardens

The section of the gardens to be managed by the Carrington Hotel owners is proposed to be restored to its 1911 – 1930s layout including: · The repair and restoration of the stone seat (ext.). · Reinstatement of the lion sculptures and the sundial. · Reinstatement of original and reproduction bollards in their original locations. · Removal of car parking from directly in front of the hotel and reinstatement of the grand forecourt. · Resurfacing of driveways. · Reinstatement of original lawn levels and the central path to upper terrace. · Restoration of planting patterns along the driveway loop and in the triangular bed to the arrangements seen in 1911 and 1930s photographs of the site. · Lowering of the existing ground level. · Identification of a formal outdoor ‘beer garden’, to the north east of Carrington Place however use of this area for the purpose of alcohol consumption does not form part of this application and will require a separate application.

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Carrington Place

The lower terrace of the existing garden, with the exception of the proposed ‘beer garden’, will be adapted to provide safe, equitable public access for use as a public garden or ‘Town Square’, meeting and recreational space. This will be achieved whilst retaining the remaining 1911 – 1930s fabric and general topography of the site. Works include: · New central entry steps placed on the axis and vista to the Carrington. · Placement of an elevated ‘multi purpose space’ to the south of the square. This space will be available for general usage by the public but is also able to be adapted for public performance purposes. · Placement of a pergola over the original terrace steps in the centre of the front garden. · Provision of a series of ramps for equitable access · Removal of a number of trees to re-establish the original openness of the vista to the Carrington. Significant plantings are to be retained. · Lowering of ground level to accommodate new pathways, paved and grassed areas. · Provision of paved surfaces, central pathway, seating, bin, drinking fountain and a large area of lawn. · Provision for integration of specific art works within the side walls of the central entrance steps and etched paving.

Staging It is proposed to stage the construction as follows:

Stage 1: Construction of Carrington Place Stage 2: Construction of Carrington Gardens Stage 3: Resurfacing of existing driveway

A reduced copy of the plan showing the proposed development of the site is provided as Attachment 2 to this Report.

Development controls Local Environmental Plan No. 4 - General Business 3a. Draft Local Environmental Plan 1997 - Proposed Village zone Heritage Item No. K32. Development Control Plan No. 10—Town Character Guidelines.

Notification The application was advertised for a period of 30 days from 12 June to 12 July 2002 in the Blue Mountains Gazette as well as written notification to adjoining and nearby properties. On 22 July the applicant lodged amended plans which made a number of minor changes to the original plans. The amended plans were subsequently readvertised from 24 July to 2 August. Page 69

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Three submissions were received from both exhibition periods. The issues raised in the submissions are discussed in the following sections of the report and are summarised below:

· Proposal fails to establish strong connection between proposed public space and the street. Should include a pavement treatment for the civic precinct adjacent to the Carrington forecourt to create a sense of arrival. · The bus stop and shelter in this area further separates the subject site from the street. The large buses that proliferate on the western side of Katoomba Street should be moved. · There are no links to surrounding significant public sites. · Concern about potential for alcohol abuse given the site’s proximity to the public bar · Concern about potential noise generation from the performance space particularly during church services (Anglican Church located directly opposite site) and for the family living on the church site. · Need for bubbler and taps, not too much shade and a paved space for games. · Rename ‘multi-purpose space’ to ‘performance space’ · Penetration of the stone wall is not well addressed from a heritage perspective · Solid stone walls near the entrance are not conducive to active surveillance · Street paving should be the same as other paving used in Katoomba Street. · The DA is deficit in terms of detail about public art and integration with the street.

Issues · Provisions of planning instruments and draft instruments · Impact of the development on the locality and environment · Traffic, car parking and pedestrian access · Heritage · Statutory authorities · Public interest/submissions

Discussion of Issues

The application has been assessed against the relevant provisions of Section 79C of the Environmental Planning and Assessment Act, 1979, and for compliance with Council’s Local Environmental Plan No. 4.

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1. Provisions of Environmental Planning Instruments and Draft Instruments a) Local Environmental Plan No. 4 (LEP 4)

Permissibility The site is zoned Business General 3(a) under LEP 4. The proposed redevelopment of the site is best defined as a ‘recreation area’ which means:

(a) a children’s playground; (b) an area used for sporting activities or sporting facilities; (c) an area by council to provide recreational facilities for the physical, cultural or intellectual welfare of the community; (d) an area used by a body of persons associated together for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes; but does not include a racecourse or showground

Recreation areas are prohibited in the Business General 3(a) zone however in this instance it is considered that the adaptive reuse of heritage items provisions contained with Clause 58(8) of LEP 4 apply.

Clause 58 (8) of LEP 4 states:

The Council may grant consent to development, other than subdivision, for any purpose, of a building that is a heritage item or is within a Heritage Conservation Area, or of the land on which the building is erected even though development for that purpose would otherwise be prohibited by this plan, if it is satisfied that:

(a) the proposed development would not adversely affect:

· the heritage significance of the building or Heritage Conservation Area; · the amenity of any Heritage Conservation Area within which the building is situated; or · the heritage significance and amenity of the surrounding neighbourhood; and

(b) where the building is a heritage item:

· the heritage item will be most appropriately conserved if used for the proposed development; and · a conservation plan, prepared for the heritage item, supports the proposed development.

In accordance with Clause 58 (8) (a) a discussion of the impacts of the proposed development on the heritage significance of the site appears below. It is noted that the proposed development, whilst introducing dramatic physical and structural changes to the front portion of the site, has been granted approval by the Heritage Office under the provisions of the Heritage Act.

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In accordance with Clause 58 (8) (b), the proposed development of the site is supported by a Conservation Management Plan and Statement of Heritage Impact which supports the creation of Carrington Place and restoration of the remainder of the Gardens.

The Carrington Hotel and grounds, being a heritage item, are subject to ongoing maintenance requirements and costs. This is supported in the accompanying Conservation Management Plan which states:

“the presently under-utilized gardens of the Carrington Hotel afford an opportunity to provide a public recreation/gathering area of great attractiveness and value to the community. At the same time, by taking on the care of part of the Carrington Hotels’ substantial front garden area, Council would be providing practical assistance to the Hotel in the conservation of one if its major assets. The initial works and ongoing maintenance would greatly enhance the site, allowing the owners to concentrate resources on remaining areas closer to the main frontage of the Hotel and thus improving both the streetscape and the setting of the Hotel for the benefit of public and private interests.” (Conservation Management Plan, Colleen Morris,2001, p19).

In summary, it is considered that the ‘adaptive reuse provisions’ contained within LEP 4 are applicable to the proposed development.

Clause 58 (5) of LEP 4 specifies that Council shall not grant consent to a development application in respect of a heritage item or development likely to affect a heritage item unless it has assessed the effect that the development would have on the heritage item. The application is accompanied by a Statement of Heritage Impact and a Conservation Management Plan which has provided Council with sufficient information by which to assess the impact of the proposed development. b) Draft Local Environmental Plan 1997

Under draft Local Environmental Plan 1997 the site is proposed to be zoned ‘Village’. Recreation Areas are proposed to be a permissible land use within the Village zone. c) Development Control Plan No 10 – Town Character Guidelines

DCP 10 provides urban design guidelines and principles for new development, namely built development, within Blue Mountains towns and villages. DCP principles relating to heritage conservation such as consistency with original design, scale, siting, design and intactness are discussed in the body of this report.

2. Impact of the development on the locality and environment

Suitability of the site for the proposed development and preservation of visual amenity Council has previously identified a need in Katoomba for a public recreation/gathering area. Given the Carrington Hotel’s strategic location and historic use as a landscape setting and public recreational area (CMP 2001, P19) the site is considered a highly suitable one for such a proposal. The Carrington Hotel’s front garden area is currently under utilised and in fact detracts from the streetscape due to the security fencing which surrounds the front portion of the site. Page 72

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Redevelopment of the front portion of the site and restoration of the remaining garden areas will contribute significantly to enhancing the streetscape as well as formalise the current unmanaged use of the site and allow it to become an integrated component of Katoomba Street – functionally, visually and as part of its overall heritage character and values (CMP, 2001, p19).

The general locality is best defined as ‘active and busy’. The proximity of the major bus stop in front of the site and the train station to the north generates a large amount of pedestrian traffic. The existence of a town square in this precinct will provide people with a break and separation from the activeness of the area.

In terms of visual amenity, the proposed development has been designed to ensure views and vistas to and from the Carrington are maintained and enhanced. The town square itself will contribute to the overall attractiveness of the Katoomba Street streetscape and further define Katoomba’s role as a district centre with significant tourist appeal.

Relationship to adjoining land The immediate locality surrounding the Carrington Hotel is characterised by a range of restaurants, cafes, takeaway food bars and small scale clothes and gift shops. A number of residential flats are also located above the shops. The proposed use of the front portion of the site as a ‘town square’ is in keeping with these dominant land uses and continues the social interaction theme bought about by the presence of such land uses.

Noise, safety and security It is not considered that noise generated from users of Carrington Place will impact significantly on surrounding properties given that the predominant noise currently experienced in the area – traffic will be likely to overwhelm any noise generated by people talking and interacting in the town square.

Whilst it is proposed that Carrington Place will also be the venue for public performances from time to time, it is considered the infrequency of these events will ensure that no undue impact is experienced by surrounding properties and residents. In any case, all future events proposed to be held within the square will be subject to a development application and appropriate conditions will be imposed to ensure that noise does not interfere excessively with the amenity of the area.

The elevated nature of the site ensures that passive surveillance both from the site and from the street can occur providing improved safety to users of the Square. In addition, occupants of the Hotel have views into Carrington Place further providing a deterrent to would-be vandals and criminals. The application is accompanied by a ‘Safer by Design’ evaluation report prepared by a Senior Constable fro the Katoomba Police Station. The evaluation concludes that the site, once completed will have a moderate crime risk (the risk levels rate from insignificant to major). The evaluation ranks various site features such as the presence of night lighting, walkways, garden beds and shrubs, bins and open spaces. These features, and numerous others, contribute to the overall perceived safety of a space. Given the size and location of the site (adjacent to a public hotel) the safety ranking is acceptable and the presence of night lighting and the openness of the site will assist in providing safety to users during the evenings.

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Drainage The proposed development of the front portion of the site will result in some increase in sealed areas however the development includes minor onsite detention which will ensure that the existing Katoomba Street drainage is not affected.

3. Traffic and car parking and pedestrian access

The proposed development maintains the existing driveway locations accessing the site, however the internal driveway will be resurfaced . The application proposes realignment of the kerb and gutter fronting the site by 600mm. This will contribute to improving pedestrian access past the site and bus shelter which currently experiences congestion during peak times.

Pedestrian access to the site will be available via the central entrance steps directly off Katoomba Street and also via one of two ramps off the northern and southern driveway arms. People will be able to walk through the town square via number of pathways and ramps. The town square is also generally accessible for persons with a disability with ramps having appropriate gradings for wheel chair access.

The Katoomba Street carriageway will be narrowed by approximately 600 mm due to the kerb realignment. The remaining carriageway will safely accommodate a parking lane for buses at the site frontage, two through traffic lanes and parking lane on the eastern side of Katoomba Street

The proposed development will not result in any additional traffic or car parking requirements.

4. Heritage

A Conservation Management Plan and a Heritage Impact Statement have been prepared and accompany the application. These detail heritage conservation measures and approaches to be taken during and after construction. These documents as well as the Statement of Environmental Effects and development plans were referred to Council’s heritage advisor and the NSW Heritage Office. A discussion of the responses from the Heritage Office and from Council’s heritage advisor is provided below.

The Carrington Hotel is listed on the State Heritage Register and is also protected by a Permanent Conservation Order. The proposed design for the site has been the result of extensive consultation with the community, heritage specialists, architects, the NSW Heritage Office and Council’s heritage advisor. The final design of Carrington Place and Carrington Gardens has also been guided by the findings and recommendations of the Conservation Management Plan (CMP) prepared by David Beaver – Landscape Architect and Jim Smith – Historian in 2000 and updated by Colleen Morris – landscape heritage consultant in 2001.

The CMP provides a statement of significance for the Carrington Hotel and ranks landscape features of the grounds as having either high, moderate or low significance and identifies intrusive elements. These rankings further assisted in the final design and numerous measures were taken to conserve, restore and reduce impact on those components having higher significance than others.

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As far as possible the total design has attempted to restore the former function and appearance of the grounds based on their 1911 – 1930s appearance. The proposed Carrington Place introduces a great number of formal and hard landscaped elements that have never been present on the site, such as paving, art works, drinking fountains, bins and formal seating however these features are considered essential to the contemporary functioning of such a space. A number of other elements such as the central pathway, the pergola and central grassy area reflect original elements on the site.

Due to the extensive heritage input obtained during the planning and design of the development, the proposal is considered to be a sympathetic and appropriate utilisation of an item of State Heritage Significance. The development incorporates measures to preserve, restore and conserve aspects of the site which will ensure its long term survival.

Council’s heritage advisor has reviewed the development application plans and advises that, given the Section 60 approval from the Heritage Office, there are no major issues unresolved. There is however a need to some additional information and details to be submitted for approval both to Council and the Heritage Office. This information relates to detail rather than the design and concept of the proposal.

5. Statutory authorities - NSW Heritage Council

In 2001 a Masterplan for the development of the gardens was prepared by Michael Lehany which was referred to the NSW Heritage Council and on 11 April 2002 received approval under the Heritage Act subject to conditions to provide greater detail in specific areas.

The current development application plans vary from the Masterplan approved in April 2002 and as such the applicant sought to amend the Heritage Council approval. On 21 August 2002 the Heritage Council issued an amended approval for the current proposed development, subject to a number of conditions. The conditions generally relate to required design modifications, landscaping requirements, archaeological monitoring during construction, the need for an integrated garden maintenance plan, and the requirement for submission to the Heritage Council of additional design details relating to items such as artworks, lighting, signage and paving. The Heritage Council conditions should be included in any development consent for this application.

6. Public interest/submissions

The majority of the matters raised in the submissions have been addressed in the preceding sections of this report however the following comments are made in regard to the remaining issues raised:

· Proposal fails to establish strong connection between proposed public space and the street. Should include a pavement treatment for the civic precinct adjacent to the Carrington forecourt to create a sense of arrival.

Comment: It is considered that there should be a definite separation between the street and the site, the most obvious elements being the steps leading into the area and the elevated topography of the site. The pavement along the frontage of the site and within the site will be similar to integrate the street with the site. Page 75

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· The bus stop and shelter in this area further separates the subject site from the street. The large buses that proliferate on the western side of Katoomba Street should be moved.

Comment: There is no proposal to relocate the bus stop from this location and it is considered to be outside the scope of this application.

· There are no links to surrounding significant public sites.

Comment: This matter will be investigated as part of future planning process for Katoomba

· Concern about potential for alcohol abuse given the site’s proximity to the public bar.

Comment: Due to the site’s prominent location it will be relatively easy to police the site and ensure that any potential drinkers be ‘moved on’. In addition the public bar does not permit drinkers to leave the premises with alcohol.

· Need for bubbler and taps, not too much shade and a paved space for games.

Comment: A bubbler is to be provided as is ample paved space. Proposed trees will be located on the perimeter of the site and therefore will not overshadow the main part of the space during the day

· Rename ‘multi-purpose space’ to ‘performance space’.

Comment: The issue of place names is not within the realms of this assessment

· Penetration of the stone wall is not well addressed from a heritage perspective

Comment: The issue of penetration of the stone wall has been the subject of lengthy discussions with the Heritage Office as well as with Council’s Heritage Advisor who raises no objection to the proposal subject to additional detail on form, massing and layout of balustrade being provided.

· Solid stone walls near the entrance are not conducive to active surveillance.

Comment: The stone walls are not considered to be of a height that will lessen safety of the area.

· The DA is deficit in terms of detail about public art and integration with the street.

Comment: The proposed art works are to be designed and planned at a later stage. Approval will need to be received from the Heritage Office.

It is considered that the current proposal is within the community interests in terms of both providing an area of passive open space for people to congregate and it represents an opportunity to further conserve an item of utmost significance to Katoomba and the Blue Mountains generally.

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Conclusion

The current proposal represents the culmination of a lengthy integrated planning process involving the efforts of the local community, heritage architects and the NSW Heritage Office. The proposal will result in the creation of a town square which will provide a space for passive recreation. It will provide a focal point for community events and gatherings as well as providing a performance space for small scale concerts and performances. The upgrading of the front garden will have a significant impact on the Carrington Hotel’s presentation and marketability, and thus its long term viability. This is an important consideration given the site’s significance to the history of Katoomba and the Blue Mountains generally.

Accordingly the granting of development consent is recommended subject to the conditions included as Attachment 1 to this Report.

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Attachment 1 - Conditions of development consent

Consent 1. Blue Mountains City Council issues its consent, subject to conditions stated hereunder, in accordance with Section 80A of the Environmental Planning & Assessment Act 1979. Substantial physical commencement of construction is required within 2 years from the date the consent is issued.

Pursuant to Section 95(2) of the EP&A Act 1979, the consent for subdivision will lapse 2 years from the date of this consent, unless the subdivision certificate and final plan of subdivision are registered with the NSW Land and Property Information Service before the expiration of the 2 years.

To confirm and clarify the terms of consent, the development shall be carried out in accordance with the following plans prepared by Integrated Design Associates & Nobis Architecture and Building:

Plan Number Issue Staging and Reference CC01 29 July 2002 Plan Demolition Plan CC02 29 July 2002 Setout and Levels Plan CC03 29 July 2002 Part A Setout and Levels Plan CC04 29 July 2002 Part B Site Sections CC05 29 July 2002 Paving Plan Part A CC06 29 July 2002 Ramp and Step Sections CC07 29 July 2002 New Central Steps CC08 29 July 2002 Central Steps Detail CC09 29 July 2002 New Pergola CC10 29 July 2002 Handrails, Gates and CC11 29 July 2002 Balustrade Driveway Entries CC12 29 July 2002 New Bus Shelter CC13 29 July 2002 Furniture and Fillings CC14 29 July 2002 Details

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Attachment 1 - Conditions of development consent

Other Details CC15 29 July 2002 Signage Details CC16 Undated Planting Plan Part A CC17 Undated Planting Plan Part B CC18 Undated Engineering Specification Unnumb 29 July 2002 ered Hydraulic Services H1 29 July 2002 Hydraulic Services Details H2 29 July 2002 Separate Portion B H3 29 July 2002 Hydraulics Legend and Drawing EO 29 July 2002 Schedule E Site Plan – E E1 29 July 2002 Lighting and Power Layout E2 29 July 2002 Single Line diagrams E3 29 July 2002 Footings Plan S1 29 July 2002 Slabs Plan S2 29 July 2002 Structural Details and S3 29 July 2002 Specifications Soil Sediment/Erosion C1 29 July 2002 Control Plan

· Master Plan DA01 dated July 2002 as amended in red. · Central entrance details DA05, dated June 2002 as amended in red. · Proposed bus stop details DA06, dated June 2002. · Schematic Masterplan SK01 dated May 2002. · Site sections SK04 dated May 2002.

Construction conditions

Construction certificate 2. A construction certificate is required prior to the (building) commencement of any site or building works. This certificate can be issued either by Council as the consent authority or by an accredited certifier. Page 79

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Attachment 1 - Conditions of development consent

Building Code of 3. All building work must be carried out in accordance Australia with the provisions of the Building Code of Australia.

Construction of 4. The redevelopment of Portions A and B, as identified in Portions A and B the Staging and Reference Plan numbered CC01, are to be undertaken as far as practicable concurrently. This is to ensure that the completed redevelopment is integrated and presents as a unified garden setting. In any case, the utilisation of the town square for public access and activities is not to take place until both components of the redevelopment works have been completed.

Hoarding / fencing 5. To ensure the protection of the public, hoardings are to be provided along the Katoomba Street frontage of the site as well as within the site surrounding the town square construction area of the site to the requirements of NSW Workcover Authority.

Visually impaired 6. Tactile indicators shall be provided throughout the people development in accordance with D3.8 of the Building Code of Australia.

AS 1428.1— Access for 7. a) The design of the access ramps and internal ramps people with disabilities are to comply with the requirements of AS 1428.1. Further, the constructed ramps are to be certified as complying with the standard by an appropriately qualified person. A path of travel complying with AS 1428.1 is to be provided from the bottom of the access ramps to Katoomba Street. b) Access for people with disabilities shall be provided from the forecourt of the Carrington to the upper lawn terrace and from the paths within to the lawn area in accordance with AS 1428.

Stairways 8. All stairs within the development shall comply with Clause D2.13 and Table D2.13 of the Building Code of Australia. Amended details shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

Pavement surfaces 9. Before work is commenced on site certification must be provided to the Principal Certifying Authority that the proposed pedestrian surfaces achieve the requirements of AS 1428.1 in regard to being non-skid surfaces.

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Attachment 1 - Conditions of development consent

Safety rails 10. Safety fencing, in accordance with the Building Code of Australia, must be provided where appropriate.

Design and 11. To assist in the management of the Town Square surfaces Management should discourage: - Graffiti; - Riding of skateboards and the like.

Heritage conditions

Heritage Permit 12. An excavation permit must be obtained from the Heritage Office prior to any works commencing on the site.

Conservation work Oversight of conservation work to significant features should be provided by heritage consultants with expertise in the specific area.

Section 60 – Heritage 13. The works undertaken are to comply with the terms of Approval the Section 60 Approval issued by the NSW Heritage Office.

In the event of any inconsistency between this development consent and its conditions and the Section 60 Approval, the Section 60 Approval prevails to the extent of that inconsistency.

Southern gate posts 14. The proposed new southern gate posts are to be reduced in height to a maximum of 1.8 metres in height (refer to Drawing CC12 Driveway entries, as amended by the Heritage Office) to conform to the recommendation of the Lehany Master Plan for low stone posts that remain subordinate to the northern entrance gate posts, interpreting the southern entrance as secondary.

Sandstone signs 15. The size of the proposed place name sandstone signs on the central entrance brick walls shall be reduced to a maximum vertical dimension of 330 mm (refer to Drawing CC08 New Central Steps, as amended by the Heritage Office, and ‘Option 2’ of facsimile of 19 August 2002), to lessen their visual impact.

Commemorative plaque 16. The propose commemorative plaque wall mounting is to be reduced in height by removing the proposed wall capping, lowering the wall by 200 mm and in width by 500 mm (refer to Drawing CC12 Driveway entries, as amended by the Heritage Office) to lessen its visual impact. Page 81

LAND USE MANAGEMENT Item 10 - Ordinary Meeting, 10/9/02

Attachment 1 - Conditions of development consent

Access path 17. The width of the proposed access path from the southern driveway to the raised performance space is to be reduced to be no wider than the proposed new ramp adjacent to the north.

Protection of existing 18. a) The two (2) mature Himalayan or deodar cedars trees and shrubs during (Cedrus Deodara) to be retained and/or works transplanted, shall be appropriately protected before and during construction and transplanting, to the satisfaction of a qualified arborist, in terms of appropriate protective fencing, root zone protection, pruning and irrigation. b) The existing shrubs on the northern side of the grass terrace above the lower terrace or ‘Carrington Place’ project area (Camellia, Magnolia Soulangeana and Rhododendron) shall be appropriately protected from any damage before and during construction, to the satisfaction of a qualified horticulturist. c) All existing trees and particularly the mature plan tree (Platanus x hybrida) in the southern garden bed (south of the southern driveway) shall be appropriately protected before and during construction, to the satisfaction of a qualified arborist. d) The proposed contractors’ site sheds in the southern corner of the site near the existing mature plane tree (Platanus x hybrida) noted in (g) are to be carefully sited, installed and removed to avoid any soil and root compaction under this tree, with appropriate protective measures to the satisfaction of a qualified arborist, in terms of siting, appropriate footings, trunk and root protection before and during construction. e) The roots of the existing Monterey Pine (Pinus radiata) north of the northern driveway and east of the proposed new reinforced concrete slab paving to the Carrington Bar delivery bay, shall be appropriately protected before and during construction, with any excavation limited to the minimum necessary, to the satisfaction of a qualified arborist. f) Full details of the methods of protection are to be provided to Council prior to works commencing.

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Attachment 1 - Conditions of development consent

Archaeological 19. a) An experienced archaeologist shall monitor all site monitoring works and record any archaeological information found in a report, copies of which shall be provided each to the Heritage Office, the owner, Blue Mountains City Council and the relevant Public Library. b) Any archaeological information found during works to the front garden’s lower terrace shall, if feasible, inform final detailed design for the proposed works, and shall be used to inform a future revision to the conservation management plan. c) Drawing CC02 Demolition Plan is to be amended at the ‘Note’ section in the left hand margin of the drawing, last sentence, as follows: ’Should any relic, that is any object, deposit or material evidence which is older than 50 years old, that has not already been noted, be unearthed or uncovered during construction, the contractor is to stop work in that area immediately and notify the superintendent and the consultant archaeologist. Work shall not proceed in that area until the consultant archaeologist’s recommended action has been taken regarding the relic, and approval to proceed has been given by the Superintendent’. d) The Specification for Tender, Project KP 02- 02 July 2002 may need amendment in line with (6a) above in sections; 3.002-1 Groundworks (to note the need to monitoring during demolition works on both driveway sections, 3.005 additional excavation, 3.011 Site clearing, 13.003 Landscaping – Cultivation, to note that where these activities unearth relics, they trigger the clause at (6a) above.

Integrated garden 20. In line with the 2001 conservation management plan maintenance plan policy 5.2.15, an integrated maintenance plan for the project are shall be prepared and submitted to the Heritage Office, to the satisfaction of the Director under delegation, prior to completion of the works described in this application, specifying: a) The relative roles of both Blue Mountains City Council and the owners of the Carrington hotel in maintaining the project area of the Carrington Hotel garden. b) Relative responsibilities, who will maintain which parts of the project area and how.

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Attachment 1 - Conditions of development consent

c) Ranked maintenance tasks in order of priority. d) A staging plan for maintenance. What will be undertaken by when; e) How the conservation management plan (Morris, 2001 amending Beaver/Smith, 2000) will be used to inform maintenance works. f) How both parties agree to work together to produce and abide by any future amendment of the conservation management plan(s) for this site.

Further detail required 21. a) Further design detail is to be provided on the proposed sculptured sandstone walls flanking the central entrance steps, to the satisfaction of the Director of the Heritage Office, under delegation, prior to completion of the works described in this application. b) Further design and planting detail is to be provided on appropriate planting and edge detailing to the new ramp to the south west of the raised performance space to mitigate its visual and physical impacts, to the satisfaction of the Director of the Heritage Office, prior to completion of the works described in this application. c) Further design detail and assessment of any visual impact is to be provided for the proposed paving areas and particularly the proposed artwork in the paving to the satisfaction of the Director of the Heritage Office prior to completion of the works described in this application. d) Further design detail and assessment of any visual impact is to be provided on the two new hotel signs proposed to replace the ‘low’ ranked item 2.7 (1990s hotel sign over footpath) to the satisfaction of the Director of the Heritage Office prior to completion of the works described in this application. e) Further detail and assessment of any visual impact is to be provided on the size, form and materials of the proposed: (i) interpretive sign at the southern corner of the site; (ii) interpretive sign in the garden bed under the proposed pergola. (iii) interpretive sign near the northern entrance gate.

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LAND USE MANAGEMENT Item 10 - Ordinary Meeting, 10/9/02

Attachment 1 - Conditions of development consent

(iv) Any of the proposed signage above ground level, and any existing signage proposed for removal and reinstallation, including an assessment of the most appropriate location and form and any visual impact on views and the garden setting, to the satisfaction of the Director of the Heritage Office, under delegation, prior to completion of the works described in this application. f) Further design detail and assessment of any visual impact is to be provided on any new lighting proposed above ground level and not set into proposed walls, including the two lights shown on the Master Plan near the bottom of both driveways, to the satisfaction of the Director of the Heritage Office prior to completion of the works described in this application. g) Further detail is to be provided on the layout and composition of the proposed shrub and groundcover planting in various locations on Carrington Place, in relation to the Lehany Master Plan recommendations to reinstate the shrub border, to the satisfaction of the Director of the Heritage Office prior to completion of the works described in this application. h) Further detail is to be provided on the layout and composition of the proposed shrub and groundcover planting to the upper garden terrace (Project Area B), in relation to the Lehany Master Plan recommendations to reinstate the shrub border, to the satisfaction of the Director of the Heritage Office. i) Further detail providing specific and detailed information for conservation and repair works to stonework elements and fabric must be submitted to Council for approval. j) Details and samples of all five (5) specified paving materials must be provided to Council for approval. k) Details on the character and location of all lighting fixtures and signage must be provided to Council for approval. l) A detailed colour schedule for all painted elements must be provided to Council for approval. m) Details outlining the way in which the planting scheme, specific artworks and signage will interpret the site’s history and heritage values must be provided to Council for approval. Page 85

LAND USE MANAGEMENT Item 10 - Ordinary Meeting, 10/9/02

Attachment 1 - Conditions of development consent

n) Details of the basis for the materials and details of the proposed path through the Upper Terrace must be provided to Council for approval.

Engineering conditions

Kerb and Gutter and 22. To improve pedestrian access within the Katoomba Street Footpath site frontage, the kerb and gutter, and footpath is to be Reconstruction reconstructed for the full Katoomba Street frontage of the Katoomba Street site, together with all necessary works and drainage to make the construction effective.

The works are to be generally in accordance with the approved Master Plan prepared by Integrated Design associates and Nobis Architecture, numbered DA01 and dated July 2002 as amended in red.

Drainage Construction 23. To ensure suitable stormwater drainage, the proposed garden and sealed areas are to be drained subject to engineering design in accordance with ARR 1987. The drainage system is to maintain the existing drainage catchments within Katoomba Street.

Erosion & Sediment 24. To preserve the unique environment of the Blue Measures Mountains and to contain soil and sediment on the property, controls in accordance with Council’s Erosion & Sediment Control policy are to be implemented prior to clearing of the site vegetation and the commencement of site works. ‘Site works’ includes any service extension works or road and drainage works outside the property boundary.

This is to include the installation of a sediment fence with returned ends across the owl side of the works. These shall be maintained at no less than 70% capacity at all times. All drains, gutters, roadways etc., shall be kept clean of sediment. Soil erosion fences shall remain and must be maintained until all disturbed areas are restored by turfing, paving, revegetation.

All disturbed areas are to be stabilised prior to commencement of use. Page 86

LAND USE MANAGEMENT Item 10 - Ordinary Meeting, 10/9/02

Attachment 1 - Conditions of development consent

Pedestrian and Traffic 25. A Pedestrian and Traffic Management Plan Report Management Plan prepared by a suitably qualified person is to be submitted prior to construction commencing for consideration and approval of the principal Certifier prior to commencement of works.

The Management Plan is to address but not be limited to the following – pedestrian access, loss of on-street parking during construction, safety of public, materials storage and handling deliveries and construction traffic and parking.

Safety devices such as signs, barricades, barriers, warning lights, etc. shall be placed where works affect Council roads and shall be in accordance with Australian Standard 1742 – “Manual of Uniform Traffic Control Devices” and RTA Manual – “Traffic Control at Work Sites 1998. Details are to be included in the Traffic Management Plan Report.

The contractor shall submit to Council the names of proposed traffic controllers with a signed declaration that they are appropriately trained in the duties of traffic controllers and RTA accredited.

Insurance 26. All contractors working in the road reserve shall be covered for worker’s compensation insurance and public liability insurance to the amount of $10million. The policy shall specifically indemnify Council from all claims arising from the execution of the works. Written evidence of this insurance shall be supplied to Council’s Supervising Engineer at the pre-construction meeting.

Approval under the 27. Before work commences in Council’s Roads, plans and Roads Act 1993 specifications are to be submitted to and approved by Council under the Roads Act 1993.

Site Management 28. To prevent site works and associated materials and activities causing a nuisance to the surrounding properties and the area generally, all site and construction works shall be carried out Monday to Friday 7am-6pm and on Saturdays between 8am-1pm and no work on Sunday or Public Holidays. Alteration to these hours may be possible for safety reasons but only on the written approval of Council.

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LAND USE MANAGEMENT Item 10 - Ordinary Meeting, 10/9/02

Attachment 1 - Conditions of development consent

Works as Executed 29. Works as executed plans of the service conduit crossings, Plans road and drainage works, certified by a Registered Surveyor, are to lodged with Council at the completion of the works.

Use of Carrington Place and Carrington Gardens

Temporary uses 30. The town square is to be used for the enjoyment of the general public on a day to day basis. This consent does not extend to the use of the square for major planned events and functions such as concerts and performances, markets, fetes and the like. Should such an event be planned, separate development consent is required.

Outdoor eating/licensed 31. This consent does not extend to the approval of proposed area outdoor eating and licensed area. Use of this area for patrons of the adjacent public bar requires separate development consent.

Construction 32. To ensure structural integrity, the maintenance of inspections minimum health standards, the management of the buildings surrounds and the protection of the environment, compliance certificates are to be issued at significant stages throughout the construction period. These stages are: a) Pier holes/pad footings before filling with concrete. b) Framing when external wall and roof cladding is in place and prior to internal linings. c) Completion of the development and sign off to all conditions of the consent including landscaping, prior to occupation and use. At each inspection, erosion and sediment control measures and site management will be inspected.

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LAND USE MANAGEMENT Item 10 - Ordinary Meeting, 10/9/02

Attachment 2 - Development Plans

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LAND USE MANAGEMENT Item 10 - Ordinary Meeting, 10/9/02

Attachment 2 - Development Plans

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LAND USE MANAGEMENT Item 10 - Ordinary Meeting, 10/9/02

Attachment 2 - Development Plans

Page 91

FACILITATING COMMUNITY DEVELOPMENT Ordinary Meeting, 10/9/02

ITEM NO: 11

SUBJECT: COMMUNITY SERVICES GRANTS PROGRAM – FUNDING AND PERFORMANCE AGREEMENTS

FILE NO: C01108

Recommendations:

1. That Council endorse the Department of Community Service Agreement.

2. That Council affix the Common Seal to the Service Agreement.

Report by Acting Group Manager, City Solutions:

The Department of Community Services has agreed to provide funds totalling $36,794 to Blue Mountains City Council to subsidise the provision of a range of community services. Council needs to affix its Common Seal to the Service Agreement to enable the release of this funding in 2002/2003.

Funding is being offered for the following purposes:

1. Blackheath Vacation Care $ 4,220 2. Community Worker 1 $ 10,857 3. Community Worker 2 $ 10,858 4. Blue Mountains Youth Worker $ 10,859

The objectives of these grants form part of the individual business plans for each area.

Blackheath Vacation Care

The Blackheath Vacation Care service provides a valuable childcare service for families with children aged 5-12 years during school holiday vacation periods. The funding provided is a contribution towards the program and equipment for the service. Council employs a part-time / casual Vacation Care Officer to coordinate the running of the program, which includes the recruitment of staff, training of staff and the provision of equipment and resources. This vacation care service is important to the residents of Blackheath, where there are minimal children’s services available for the community.

Community Workers

Following Council’s work on the Blue Mountains Community Plan (1995) a recurrent funding allocation was given to Council from the Department of Community Services to support community planning work and to help ensure continued emphasis on a planned approach to the provision of needed community services and facilities. This complimented an existing allocation to support community development work already being undertaken by the Branch. Page 92

FACILITATING COMMUNITY DEVELOPMENT Item 11 - Ordinary Meeting, 10/9/02

Blue Mountains Youth Worker

The Department of Community Services provides a contribution towards the salary of the Youth Services Development Officer to assist with the development of appropriate youth services and facilities and with the overall resourcing of youth specific services in the city.

Conclusion

The Department of Community Services has been subsidising provision of the above services for a number of years. These services and positions are of significant benefit to the community and the funding is an important source of income. It is recommended that Council endorse the proposed 2002/2003 Service Agreement and that the Common Seal of Council be affixed to the document.

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FACILITATING COMMUNITY DEVELOPMENT Ordinary Meeting, 10/9/02

ITEM NO: 12

SUBJECT: COMMUNITY ASSISTANCE/DONATIONS – RECOMMENDATIONS BY COUNCILLORS

FILE NO: C00944

Recommendation:

That Council approve the following donations from the Councillors’ Minor Local Projects Vote:

Organisation Amount

Blackheath Area Neighbourhood Centre $100 Friends of Gundungurra Tribal Council $100 Residential String Workshop $100 Winmalee Youth Service $100 Multicultural Residents Association $175

Report by General Manager:

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

Minor Local Projects

Recommending Organisation Purpose Amount Councillor Blackheath Area Community garden $100 Cr A Henson Neighbourhood Centre project Friends of Gundungurra Maintenance & Cr A Henson $100 Tribal Council administration costs Residential String Assist with music Cr A Henson $100 Workshop projects & workshops Winmalee Youth Cr A Henson Youth Art Expo $100 Service Multicultural Residents Costs associated with Cr A Henson $75 Association carnival Multicultural Residents Costs associated with Cr H Kozelj $100 Association carnival

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PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Ordinary Meeting, 10/9/02

ITEM NO: 13

SUBJECT: TENDER FOR THE CONSTRUCTION OF CARRINGTON PLACE – CONTRACT KP 02/02

FILE NO: C05929

Recommendations:

1. That Council accepts the tender submitted by the Glascott Group for the construction of Carrington Place, Contract KP 02/02, for the lump sum price of $ 816,787.00 (excluding GST)

2. That the common seal of Council be affixed to all of the necessary documents.

3. That the current budget shortfall be funded by reallocation of $200,000 from the current Kingsford Smith Park project, $100,000 from the current Katoomba commuter car park project, $30,000 from the Façade Improvement Program and that $35,000 be allocated from Working Capital.

Report by Acting Group Manager, City Solutions:

Preamble

At the meeting of the 25 June 2002, after considering a report on Expressions of Interest for the Construction of Carrington Place, Katoomba, Council made the following resolutions:

“1. That Council invite the firms of: Walter Construction Group Ltd, Glascott Group, J A Bradshaw Pty Ltd, North Shore Paving Co. Pty Ltd and Nace Civil Engineering Pty Ltd to tender for the construction of Carrington Place, Katoomba KP 02/02 and that the remaining firms be formally advised that their application has been unsuccessful.

2. That the outcome of formal tenders be reported to Council for determination once tender submissions have been reviewed.”

In accordance with the above resolutions, the preselected contractors were provided with copies of the contract documentation and design drawings for the proposed works on the 29 July 2002. The company of Nace Civil Engineering Pty Ltd has withdrawn from the tender. Tenders closed on the 27 August 2002.

This tender will cover the construction of the Carrington Place, which has been described as Portion A in the tender documentation. Portion B, which is the Carrington Hotel garden area above the public space, will be constructed and funded by the Carrington Hotel. Discussions with the Hotel management indicate that both projects will be undertaken concurrently.

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PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Item 13 - Ordinary Meeting, 10/9/02

Two artists will also need to be engaged to complete the etched pavement designs and to also design and sculpt the sandstone entrance step walls and pillars. These contracts are not covered by this tender.

Report

Council received four tenders from the preselected companies. One tender was sent by facsimile and was received after the closing time and is therefore an invalid tender and cannot be considered. One of the other tenders did not include the significant cost for the electrical component of the project, this tender is therefore considered informal and cannot be considered.

The two remaining tenders have been assessed using the weighted attribute evaluation method relating to the selection criteria specified in the tender documents and in accordance with the Local Government Tendering Regulations, 1999. The summary of the selection criteria attributes and the adopted weighting is listed below:

Attribute Weighting a. Proposed program 10 b. Price 60 c. Experience & qualifications of 20 assigned project personnel d. Staging/ pedestrian management plan 10 Total 100%

The summary of the average weighted attribute score from the tender evaluation panel is listed in the table below:

Company Average Weighted Attribute Score 1. Glascott Group 3.43 2. Walter Construction Group Ltd 1.20 3. J A Bradshaw Pty Ltd Informal 4. North Shore Paving Co. Pty ltd Invalid

Discussion

A copy of the tender submissions and the full assessment is available on file. Council’s pretender estimate, prepared by an independent Quantity Surveyor, was $840,193.00 excluding GST. The Glascott Group has scored the highest weighted attribute score and also submitted the lowest tender price.

The Tender Evaluation Panel were unanimous in their recommendation that the Glascott Group be awarded the contract.

The recommended contractor is a medium construction company specialising in civil and landscape projects. The company has undertaken recent projects for many of Sydney’s Councils as well as work for The Department of Public Works and the Olympic Co- Ordination Authority. With the assigned project personnel and past company experience, The Glascott Group is well positioned to undertake the Carrington Place works. Page 96

PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Item 13 - Ordinary Meeting, 10/9/02

A draft construction program was submitted with the tender allowing for a 14 week construction program starting at the end of September 2002 and finishing mid January 2003. This allows for a 2 week break over the Christmas period.

Funding

This project is being funded from the Katoomba/Echo Point revitalization project budget. The tender price is below the pretender estimate but beyond the currently available budget allocation for this project.

Design development costs have been significant on this project because of the high cost of meeting the heritage implications of the site, which is covered by a Permanent Conservation Order and has required the development of a Conservation Management Plan and Heritage Impact Statement. The design development stage has required a significant amount of consultation, not just with the community but also with heritage advisors, heritage architects, archaeologists and the NSW Heritage Office. Council also had to meet the legal costs of negotiating and preparing the lease for the land from the Carrington Hotel.

During the current life of the project, Council staff have also pursued a number of avenues for additional funding from the State Government. With the assistance of WSROC, Council has been successful in receiving grants of $130,000 under the Urban Improvement Program, through Planning NSW and a further $30,000 through the Ministry for the Arts.

The initial budget allocation of $600,000 for the this project, was clearly inadequate to meet the stringent requirements of this special site and to also achieve an outcome that was of a quality that the site deserved and the community has come to expect. It is not considered possible to reduce the extent of work or the quality of finishes and still achieve the desired outcomes.

After reconciling the overall project budget, which includes design, legal and heritage impact assessments, and allowing for a reasonable contingency sum, the project will require an additional $365,000 to allow the work to proceed. It will be recommended that if the Council resolves to accept a tender for this project, that this additional funding be secured in the following manner.

The Carrington Place project was not part of the original program and funds for it have had to be reallocated from other projects. The current four year funded program has a number of projects in the Katoomba town centre - these include a $250,000 allocation for the upgrading of Kingsford Smith Park, $100,000 allocation for the provision of commuter parking and some unallocated funds in the Façade Improvement program.

As this project is seen to have considerable community support and significance to the revitalisation and vitality of Katoomba it will be recommended that $200,000 be reallocated from Kingsford Smith Park, $100,000 from commuter parking and $30,000 from the Façade Improvement Program with a further $35,000 be allocated from Council reserves.

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PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Item 13 - Ordinary Meeting, 10/9/02

Some work has already commenced on Kingsford Smith Park in the removal of noxious weeds and any vegetation that is reducing vision into the park. The reduction in this budget will obviously limit the extent of work in this area but will still allow some worthwhile work to be completed. The commuter car parking project has been hampered by the need to relocate the State Rail works depot. It is becoming clear that the existing funding for this project cannot be spent in the current program. That is not to say that it will not be funded in the future.

The Façade Improvement Program has been very successful in providing funding to improve town centre facades, there are still a number of approved projects that have not been started and approximately $30,000 that has not been allocated. Given that this project will have a dramatic impact on the visual appearance of the Carrington site on the streetscape it is considered reasonable that this funding be allocated to this project.

Confirmation of Availability of Additional Funding

Corporate Policy have confirmed the availability of the above funding sources and have also advised that the additional $35,000 required for this project could be funded from Council’s current surplus in working capital.

Comments from the Tender Review Committee

The Tender Review Committee has reviewed the tender procedure and is satisfied as to the fairness of the process.

Conclusion

This is an important project for the Katoomba town centre. This project has received widespread community support and has undergone a lengthy design development process that has had to contend with a number of complex issues. These issues have now been resolved.

The acceptance of a tender to construct the Carrington Place project is the culmination of many years of effort from a broad cross section of the community and the project team. The project will deliver the first truly public space for Katoomba and is seen as important in Katoomba’s revitalization.

Council has received two formal tenders from firms that have been pre qualified for this project. After assessing the tenders, it is recommended that Council accept the tender from the Glascott Group for $816,787.00 (excluding GST). It is also recommended that the current budget shortfall be funded as indicated in this report.

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PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Ordinary Meeting, 10/9/02

ITEM NO: 14

SUBJECT: DRAFT CONSERVATION MANAGEMENT PLAN FOR CEMETERIES

FILE NO: H00477

Recommendations:

1. That Council endorses in principle the recommendations of the draft Conservation Management Plan for Wentworth Falls, Katoomba and Blackheath Cemeteries (Volume 3), for the purpose a public exhibition in conjunction with Volumes 1, 2 and 4.

2. That the public exhibition dates adopted in Council’s previous resolution for Volumes 1, 2 and 4 be amended to allow for the inclusion of Volume 3 of the draft Conservation Management Plan for Blue Mountains Cemeteries.

3. That as previously resolved, Council conducts a public meeting during the exhibition period, with the results of the meeting being reported to Council.

4. That a further report be presented to Council at the conclusion of the exhibition period.

Report by Acting Group Manager, City Solutions:

Introduction

Council has previously endorsed for exhibition the recommendations of the draft Conservation Management Plans for Springwood, Faulconbridge, Lawson, Megalong, Mount Victoria and Mount Irvine Cemeteries (Volumes 1, 2, and 4) (Minute 282, 9 July 2002).

Volume 3 had not been finalised at that time. Volume 3 (Wentworth Falls, Katoomba and Blackheath Cemeteries) has now been completed (enclosed separately for the information of Councillors).

As advised by Councillor Bulletin on 23 August 2002, it is recommended that all four volumes be publicly exhibited together.

Background

The previous report to Council provided a general overview of the Draft Conservation Management Plan for Council Cemeteries. It was highlighted that cemeteries of the Blue Mountains are important as they contain valuable records of the history and growth of the region. Page 99

PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Item 14 - Ordinary Meeting, 10/9/02

The Conservation Management Plan will provide direction by: · Providing Council with clear objectives, principles and rationale on which to base the provision of burial services and facilities in the Blue Mountains; · Understanding how and why Council determines its priorities; · Clarifying Council’s role for the provision of facilities and services; and · Serving as a document that enables decisions, problems and issues to be addressed.

The overall purpose of the draft Conservation Management Plan is not to make decisions regarding specific cemetery issues, but to provide a strategic framework and direction for future decision-making regarding the provision of burial facilities and services in the Blue Mountains.

Conclusion

It is recommended that the previous resolution of Council be amended to include the endorsement for public exhibition of Volume 3 of the draft Conservation Management Plan for Wentworth Falls, Katoomba and Blackheath Cemeteries and that the Draft Conservation Management Plans be exhibited for a period of six (6) weeks.

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PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Ordinary Meeting, 10/9/02

ITEM NO: 15

SUBJECT: SPRINGWOOD SCHOOL OF ARTS SQUARE

FILE NO: C05913

Recommendations:

1. That Council accept the tender submitted by the Civil Management Group Pty Ltd (CMG) for the construction of the Springwood School of Arts Square, (Contract Number TS 15/02 re-tender), for the sum of $215,477.90 ($195,889.00 plus $19,588.90 GST).

2. That Council allocates an additional $30,000.00 for the art component of the Square in 2003/2004 CWP and uses the current art allocation of $10,000.00 to cover the shortfall in the current years budget.

Report by Acting Group Manager, City Solutions:

Introduction

This report recommends acceptance of a tender for the construction of the Springwood School of Arts Square, Springwood.

Background

The construction of the Springwood School of Arts Square has been an expectation of the community of Springwood for many years. The design on which this tender was based arose from an earlier public consultation process. No objections were received during the Development Application process. The design is very simple and no elements could be reasonably omitted without compromising either structural integrity, safety standards or the original concept accepted by the community.

Discussion

Tenders, closing at 2:00 p.m. on Tuesday 20 August 2002, were invited for the construction of the above project. The following tenders were received and are ranked in order of price following a review of their schedule of rates to arrive at the lump sum price, with the lowest first and the highest last: -

TENDERER

GD PLANT HIRE PTY LTD. Lowest Price CIVIL MANAGEMENT GROUP PTY LTD. WINTERTON CONSTRUCTIONS PTY LTD. CIVIL SYSTEMS ENGINEERING PTY LTD. NORTH SHORE PAVING CO. PTY LTD Highest Price Page 101

PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Item 15 - Ordinary Meeting, 10/9/02

All conforming tenders were assessed using a weighted attribute evaluation method relating to selection criteria specified in the brief and in accordance with Local Government Tendering Regulation 1999.

ITEM ATTRIBUTE WEIGHTING 1 Experience and performance in previous similar 15% heritage projects 2 Financial & Management skills 10% 3 Environmental Management /Risk Management 15% system 4 Ability to complete on time 10% 5 Price 50% TOTAL 100%

Assessment of each submission was based on the ability of the contractor to meet the requirements of the brief, selection attributes and in providing the essential documents requested in the brief.

A copy of individual Tender assessments, based on the evaluation criteria listed above, is available on file for Councillors’ information. The resulting total weighted attributes are listed in order below (most favourable to least favourable):

ITEM TENDERER TOTAL WEIGHTED ATTRIBUTE 1 CIVIL MANAGEMENT GROUP PTY LTD. 3.48 2 WINTERTONS CONSTRUCTIONS PTY LTD. 3.06 3 GD PLANT HIRE PTY LTD. 2.93 4 NORTH SHORE PAVING CO PTY LTD. 2.25 5 CIVIL SYSTEMS ENGINEERING PTY LTD. 0.92

The references for the recommended Contractor were checked by the selection panel and were found to be satisfactory. The Contractor’s financial status was also checked using Australian Securities & Investments Commission current extracts, and found satisfactory. This information is available on file.

The assessment confirmed that the tender from Civil Management Group Pty Ltd. had the highest weighted attribute of 3.48 out of 5. This company had the second lowest price. The company with the lowest price, GD Plant Hire, appeared to have very little knowledge of project management and did not provide any evidence of having risk management or environmental management procedures in place. As the Square is in the centre of a commercial area and has a high volume of vehicular and pedestrian traffic it is very important that the contractor has all necessary procedures and systems in place to assure public safety.

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PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Item 15 - Ordinary Meeting, 10/9/02

This was a re-tender. The original tender resulted in only one conforming tender which was over budget. The tenders resulting from the re-tender process confirm that the prices offered by the preferred tenderer reflect good market value.

Financial Position

The Council has allocated $240,000.00 for this project. How this is projected to be spent is indicated in the following table.

Item Cost * Design fees $11,500 Commissioning, Project Management Fees $14,000 Heritage permit $10,500 Artwork (subject of a separate Report) $35,000 Interpretive panel $1,000 This tender for construction $195,889 Total $267,889 Shortfall $27,889 * All costs in above table are GST exclusive

The variance between the estimate prepared during the preparation of the documents and the price obtained during the tendering process can be summarised as follows:

· The $10,500.00 for the heritage permit was not allowed for during initial estimate. (Note that this is a requirement under the Heritage Act).

· The artwork was originally estimated at $10,000.00 whereas further investigation indicates that the work will now cost approximately $35,000.00.

· The estimates were prepared using rates from similar projects currently being supervised by Commissioning Branch, however, there have recently been significant rises in construction costs brought by increases in insurance premiums and additional procedures to ensure compliance with the new charges to the Occupational Health and Safety Act.

One option is to allocate a further $27,899.00 for the work to proceed as planned, although this sum contains no contingency and there is a likelihood of encountering rock during excavation. The second option is to allocate $30,000.00 (and seek grants) for the artwork in next financial year’s budget and to re-allocate the $10,000.00 for art to other parts of the project. This will allow more time for community consultation on the artwork Once details of the artwork are finalised and endorsed by the community, a separate report will be put to Council. The second option is recommended.

Conclusion

The Tender submitted by Civil Management Group Pty Ltd meets the requirements of the Tender Documents and Specification. Civil Management Group Pty Ltd is an experienced civil and roadworks contractor with sufficient resources and appropriate management skills to complete this project.

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PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Item 15 - Ordinary Meeting, 10/9/02

The tender from Civil Management Group Pty Ltd offers the highest benefits to Council’s ratepayers for the work involved. Comment by Tender Review Committee

The Tender Review Committee has reviewed the tender procedure and is satisfied as to the fairness of the process.

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TRANSPORTATION & ROADS Ordinary Meeting, 10/9/02

ITEM NO: 16

SUBJECT: INVESTIGATION OF OPTIONS TO UPGRADE THE INTERSECTION OF THE GREAT WESTERN HIGHWAY AND HAWKESBURY ROAD, SPRINGWOOD

FILE NO: C00030

Recommendations:

1. That Council receives the report.

2. That Council not pursue the short term option that seeks to alter the current traffic arrangements at the intersection of George Street and The Great Western Highway.

3. That Council seeks a firm commitment from the RTA to further investigate and implement options for improvements to the intersection of Hawkesbury Road and Macquarie Road to address performance during the afternoon peak period.

4. That Council supports the development and future implementation of the long term option to upgrade access from the Great Western Highway to Hawkesbury Road.

Report by Group Manager, City Sustainability:

Background

In response to a range of issues associated with the Great Western Highway and Macquarie Road traffic locality, the engineering firm Cardno MBK was commissioned to undertake a study of possible options for improvements to traffic flows.

The study by Cardno MBK was prepared on the basis that the RTA would not agree to an at - grade signalised or unsignalised intersection of the Great Western Highway opposite George Street due to high traffic speeds, poor sight distance and high rate of accidents.

The study that was funded by Council and the RTA recommended the following options to be implemented as a series of improvements over an unspecified period of time:

1. The SHORT-TERM OPTION is to eliminate the right turn and left turn movements at George Street. These movements have the highest risk of serious or fatal injury. The central median would be closed and the left turn into George Street from the west would be permitted. George Street would be one-way between the Great Western Highway and Silva Road. Vehicles wishing to travel west from Hawkesbury Road (ie: turn right at the existing George Street intersection) would travel via the Hawkesbury Road Bridge, east along Macquarie Road and turn left on to the Great Western Highway via a new acceleration lane. Page 105

TRANSPORTATION & ROADS Item 16 - Ordinary Meeting, 10/9/02

2. The MEDIUM-TERM OPTION includes changes to the Hawkesbury Road / Macquarie Road intersection to improve traffic flow, improve pedestrian safety and increase capacity by installing traffic signals.

3. The LONG-TERM OPTION proposed the reconstruction or adjustment of the Hawkesbury Road Bridge to accommodate ON and OFF ramps from the Great Western Highway.

At the ordinary meeting of Council on 19 February 2002 the following Resolutions were adopted:

“1. That Council notes the report titled “Investigation of Options to Upgrade the Great Western Highway and Hawkesbury Road, Springwood Intersection, December 2001” and that the above report be placed on public exhibition.

2. That the period of public exhibition and the provision of public input into the report, which seeks to find solutions to the problems on the corner of the Great Western Highway and George Street, Springwood be extended to eight weeks.

3. That Council request that the RTA conduct two Public meetings, one in the day and one at night, widely advertised, be held in the Springwood Civic Centre during the exhibition period with the RTA and Council staff to fully explain the options and the possible implications to the community.

4. That the matter be reported back to Council once the public submissions have been reviewed.”

In response to resolution 3, a request was made by letter to the Roads and Traffic Authority (RTA) dated 18 March 2002. The RTA replied by letter dated 22 March 2002 declining to attend any public meetings stating that they would need to complete their own review of the report contents. In view of the response from the RTA, Council Staff hosted a public Information Evening during the exhibition period. Councillors were advised of the decision and invited to attend the meeting in a Bulletin item dated 5 April 2002.

The Consultant’s report was placed in Springwood Library between Wednesday 10 April and Wednesday 5 June 2002. The Information Evening was held on Wednesday 15 May 2002 at the Springwood Council Offices from 4pm to 8pm. The display was extensively advertised in the BM Gazette with a press release dated 10 April 2002 and notices in the Council Communicator section during May 2002. Over 6000 information sheets were also distributed with the BM Gazette to residents of Springwood and Winmalee on 29 May 2002.

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TRANSPORTATION & ROADS Item 16 - Ordinary Meeting, 10/9/02

Public Submission Results

One hundred submissions have been received from the public with comments regarding the options and many additional suggestions have been made for the possible improvements to traffic conditions. Attachment 1 covers the summary of the issues raised and number of responses to each. Of these there are two issues that appear to gain reasonable support, namely the support for the long-term option and request to keep the right turn out of George Street open. These issues are discussed below:

Sixty three percent (63%) of the submissions have stated that they would prefer the long-term options to be implemented sooner rather than using funding to implement any short or medium term ‘band-aid’ options. In addition, there have been clear indications that the long- term solution should be implemented without the traffic signals at the intersection of Hawkesbury Rd and Macquarie Road, which is the medium term improvement suggested by the report. The reasoning for this being that once the long-term options were implemented the existing roundabout would function adequately. Five percent (5%) were completely against any traffic signals in Springwood.

Twenty two percent (22%) of the submissions were against the closure of the right turn movement out of George Street onto the Great Western Highway. The main reason for this was that the alternative access onto the Highway is important, particularly in times of bushfires. There were also strong sentiments against sending additional traffic into Springwood. About 11% of the comments stated that it was unlikely that heavy traffic or traffic heading west would use the merge lane as suggested, but rather would go through Springwood Town to the Ferguson Road intersection. They stated that it was undesirable and unacceptable to force more traffic through the town. In addition, there were suggestions that the existing central waiting lane for traffic exiting George Street should be extended to allow more vehicles to wait at this location.

Comment from the RTA

The RTA was given a summary of the community submissions and has made the following comments:

George Street and Great Western Highway The RTA undertook improvements to the intersection in June 2000 including the relocation of the stop line, channelisation & linemarking associated with left turn movements. These measures have improved the crash history of this site to the extent that implementation of the changes outlined in the study (closure of the median and improvements to Macquarie Rd) are not warranted. It would appear that 22% of the submissions support this position. Page 107

TRANSPORTATION & ROADS Item 16 - Ordinary Meeting, 10/9/02

Medium Term Options – Hawkesbury Road/ Macquarie Road It is considered that improving the capacity of the intersection can reduce the queuing presently being experienced at this intersection in peak hours. A site inspection indicates that the present roundabout does not cater for pedestrians or cyclists. The RTA will investigate alternative options for intersection improvements and discuss these with Council later this year. This may include some timed parking restrictions.

Hawkesbury Road and Silva Road The RTA believes that the proposal to increase capacity at this intersection will require implementation of the long-term option to be of benefit.

Long Term Option The long-term option would require additional capacity at the ramp/overbridge intersection to ensure the present queuing problem on Macquarie Road is not repeated.

The construction of ramps is likely to require replacement of the existing bridge deck to provide the necessary pedestrian, cycle and vehicle space. The location of the structure across the railway would require extensive railway track processions and service relocation that, in the Authority’s experience can involve considerable additional cost. The likely cost for this project is in the order of $30 Million and cannot be supported at this time.

Summary The RTA will investigate alternative options at the Hawkesbury Road/Macquarie Road intersection and discuss these with Council later in 2002.

Conclusion

The intersection of George Street and the Great Western Highway serves as an alternate access route to Hawkesbury Road. The improvements made to the intersection by the RTA in 2000 have impacted significantly on the traffic accident statistics. Motorists currently have the choice of using the intersection or crossing over the Hawkesbury Road Bridge and accessing the highway either at Ferguson Road or Macquarie Road. The proposed closure of George Street to the highway (opposed by 22% of the public respondents) is no longer warranted.

The existing capacity problem at the intersection of Hawkesbury Road and Macquarie Road occurs between the hours of 3.00pm and 6.30pm Monday to Friday. During other times, the intersection operates at an appropriate performance level. The RTA is of the view that real improvements to the performance of the intersection during the afternoon peak could be made by undertaking measures in part identified as part of the medium term option in the report. They have also offered to undertake further investigation and analysis of this later this year.

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TRANSPORTATION & ROADS Item 16 - Ordinary Meeting, 10/9/02

The long-term options suggested by the report although well supported by the local community, has been estimated by the RTA to cost in the order of $30 Million as it will require the reconstruction of bridges over both the railway and highway, on/off ramps and associated bicycle and pedestrian facilities. The RTA has indicated that such expenditure can not be supported at this time. This is an acceptable and understandable position for the RTA, subject to a commitment from them to investigate and implement medium term measures that will address the performance of the intersection during the afternoon weekday peak period.

The longer-term scenario should still be pursued as part of future planning and investigations related to Hawkesbury Road, including the potential for widening of that road.

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TRANSPORTATION & ROADS Item 16 - Ordinary Meeting, 10/9/02

Attachment 1

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Attachment 1 Page 111

TRANSPORTATION & ROADS Item 16 - Ordinary Meeting, 10/9/02

Attachment 1

Page 112

NOTICE OF MOTION Ordinary Meeting, 10/9/02

ITEM NO: 17

SUBJECT: EXTENSION OF PUBLIC CONSULTATION AND NOTIFICATION PROCESS - SEPP 5, EAST BLAXLAND

FILE NO: X02/1129

By Councillor A Henson:

“1. That SEPP 5 for Renwick Close, East Blaxland have its exhibition period extended by four weeks.

2. That the notification process be extended to all residents of Maraket Avenue.

3. That the application be referred to the RTA in terms of Policy No.11 (SEPP 11).”

Page 113

NOTICE OF MOTION Ordinary Meeting, 10/9/02

ITEM NO: 18

SUBJECT: TOLL LANE, WENTWORTH FALLS

FILE NO: R23/0294

By Councillors A Searle and M Greenhill:

“That a report come forward to Council on the cost of ‘forming’ Toll Lane, Wentworth Falls within two Council meetings of this resolution being carried.”

Page 114

NOTICE OF MOTION Ordinary Meeting, 10/9/02

ITEM NO: 19

SUBJECT: 2005 NSW LOCAL GOVERNMENT ASSOCIATION ANNUAL CONFERENCE

FILE NO: C05403

By Councillors D Myles, T Hamilton and C Van der Kley:

“That the Council receive a report on the feasibility of tendering for the 2005 NSW Local Government Association Annual Conference.”

Page 115

NOTICE OF MOTION Ordinary Meeting, 10/9/02

ITEM NO: 20

SUBJECT: KATOOMBA GOLF COURSE REDEVELOPMENT

FILE NO:

By Councillors H Kozelj and C Gaul:

“That Council receive a report by the General Manager for the meeting of 24.9.02 on the Katoomba Golf Course redevelopment and that the report address the following questions:

1. Is the Development Agreement still between Council and Noroton Holdings Pty Ltd (ACN003025036)?

2. Does the Development Agreement require the developer to develop the club house prior to any development of the land and golf course?

3. Has Noroton Holdings purchased the clubhouse as per agreement?

4. Has Council received any payment from developers Noroton Holdings?

5. Why has a hurricane fence been installed around the three greens and on the boundaries on Acacia Street and Cliff Drive?

6. What can, or will happen if the Katoomba Golf Course is forced to shut its doors?

7. How much has Council spent to date on this redevelopment?

8. On 31.8.01 Noroton Holdings filed an application for a Winding Up Order. Does/did this have implications for the development agreement? Who is managing the agreement?”

Comment by Councillors Kozelj and Gaul:

In the interest of the community and public knowledge it is our duty as councillors to bring the above questions to Council’s attention.

This project has been going on for many years since 1987. However the last 18 months have had particular impact on the club members, guests and visitors. The recent installation of the fencing creates the impression that the club is no longer operational. In the past two years three temporary greens have been constructed in preparation for the promised commencement of the development. We believe that the club has done as requested and bent over backwards to assist and allow the works to commence.

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NOTICE OF MOTION Item 20 - Ordinary Meeting, 10/9/02

The club can’t sustain this uncertainty. We believe that due to the state of the course and the numerous delays, many of the members and guests are dissatisfied.

It is common knowledge that many members didn’t renew their membership and that the green fee income has reduced significantly. Many social clubs and guests that have frequented the club for many years aren’t interested in continuing to play on a sub-standard course. Obviously the club relies on this income to keep the doors open but with these major income streams diminishing the club Board of Directors and members must be very concerned regarding the future of the club.

After all this uncertainty the club is experiencing financial problems. The course has been visited recently and it is heartening that most of the course is in very good order and the green are in excellent condition except for the three temporary greens. We congratulate the Board of Directors and all volunteers on trying so hard to keep afloat and we recognise the desire out there for the course and clubhouse to be brought up to a standard, which matches the beauty of its surroundings, and to remain available to local residents.

Page 117

NOTICE OF MOTION Ordinary Meeting, 10/9/02

ITEM NO: 21

SUBJECT: NEW BUSHFIRE ACT

FILE NO:

By Councillor C Van Der Kley:

“1. That a report come to Council on the cost of implementing the New Bushfire Act and who is going to pay for it.

2. That Council writes to the State Member of the Blue Mountains Bob Debus and asks him to change the Act so landowners who are affected will be compensated by the State Government.”

Page 118

NOTICE OF MOTION Ordinary Meeting, 10/9/02

ITEM NO: 22

SUBJECT: INQUIRY INTO BOMBING OF COUNCIL

FILE NO:

By Councillor C Gaul:

“That Council writes to Premier Bob Carr requesting that his Government establish a judicial inquiry into the unsolved bombing of the Blue Mountains City Council Chambers in February 1992 so that justice can be said to be done.”

Comment by Councillor Gaul:

Mr Carr was quoted in the Sydney Morning Herald 8.5.94 as saying “ It was only luck that meant no-one was killed. By any test, this must make it a most serious crime. The citizens of New South Wales ought to be able to assume that the NSW Police Service would bring everything to bear on its investigation and not rest until it laid charges. We now know however that this investigation was allowed to peter out. It died with a whimper, it was quietly shelved.”

Page 119

NOTICE OF MOTION Ordinary Meeting, 10/9/02

ITEM NO: 23

SUBJECT: CHANGES TO WARD BOUNDARIES FOR 2003 LOCAL GOVERNMENT ELECTIONS

FILE NO: C02501

By Councillor C Gaul:

“1. That in response to changes to the Local Government Act 1993, amended on 1.8.02, Council notify, as close as possible to 10.9.02, the Electoral Commissioner of its intention to adjust its ward boundaries for the 2003 September election as proposed in the report to Council, Option 2, Item 3, Ordinary Meeting, 30.7.02.

2. That the appropriate consultation process be embarked upon.”

Comment by Councillor Gaul:

It is my understanding that Council is able to carry out the necessary consultation after 12.9.02. Penrith Council is currently exhibiting its proposed boundary changes having already notified the commissioner and its exhibition period extends from 26.8.02 to 9.10.02. This would allow this Council to honour the principle “of one person one vote” in 2003 rather than 2007.

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PRECIS OF SELECTED CORRESPONDENCE Ordinary Meeting, 10/9/02

ITEM NO: 24

SUBJECT: PRECIS OF SELECTED CORRESPONDENCE, 10/9/2002

FILE NO: C00680

Recommendation:

That the Precis of Selected Correspondence be received and appropriate letters forwarded where necessary.

1. 14/8/2002 - Alan Lane, Blackheath

Expressing appreciation for recent street sweeping work carried out in Wills and Dell Streets, Blackheath.

2. 15/8/2002 - The Secretary, Springwood Lions Club Inc

On behalf of the Springwood Lions Club, thanking a Council staff member for their involvement with the Club’s recent 40th anniversary celebrations.

3. 19/8/2002 - Cody Fuwa, Director, “Echoes in the Mountains”

On behalf of the executive crew members of the above production, expressing thanks for a staff member’s support in finding suitable locations.

4. 19/8/2002 - Joanne Evers, Winmalee

Thanking Council staff and relevant Councillors for replacing the vandalised playground equipment at the Winmalee Community Hall.

5. 20/8/2002 - R and G Starkey, Katoomba

Thanking Council for its quick response in removing graffiti from a toilet block located at Melrose Park.

6. 20/08/2002 - Wahroonga Rugby Club Inc

A thank you for hosting a morning tea and reception for the visiting Sanda Rugby School group and flagging next visit scheduled for 2004.

7. 23/8/2002 - Joy Hart, Secretary, Woodford Progress Association

Positive feedback on staff member’s interactions with the Association and the local community and commending the officer’s approach to communicating with residents.

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PRECIS OF SELECTED CORRESPONDENCE Item 24 - Ordinary Meeting, 10/9/02

8. 23/08/2002 - Martin Bowles, Chief Executive Officer, Wentworth Area Health Service

Responding to correspondence by Council, and a recent meeting between Council and Wentworth Area Health Service (WAHS) senior officers. The WAHS have been working to restore maternity services at Blue Mountains District Anzac Memorial Hospital (BMDAH) and now offers, as an initial step, blocks of days each week when birthing can once again occur. WAHS has successfully appointed two anaesthetists (to be shared with Nepean Hospital) and they will take up duty early in the New Year.

The future of BMDAH has been guaranteed with a commitment of $6M in this year’s NSW State Budget to redevelop the hospital site (including renewed and improved patient care areas throughout the hospital, purchase of a new CT scanner and the construction of a helipad). Additionally, the NSW Government has allocated $4M for the development of a mental health facility on the hospital site.

Blue Mountains residents have been assured that the WAHS is committed to ensuring a sustainable and safe maternity service is available for the Upper Mountains community as part of the acute general hospital services at BMDAMH.

9. 29/8/2002 - 62 Petitioners

Opposing the over-development of the Queen Victoria Hospital site in Tableland Road, Wentworth Falls.

10. 29/8/2002 - L Murphy, Secretary, Faulconbridge Community Centre and Parks Management Committee

Expressing appreciation on behalf of the Faulconbridge Hall Committee of a Council employee. It was hoped that Council would recognise the officer as an excellent employee for his wonderful ‘people’ skills, for his outstanding loyalty to BMCC, and for being the perfect gentleman.

11. 2/9/2002 - The Hon R Debus, Minister for the Environment

Concerning proposed amendments to the Threatened Species Conservation Act 1994, and commending Council on its initiative to include “Environmentally Sensitive Vegetation Units” within the provisions of its Local Environment Plan for the Blue Mountains LGA. Noting that this will assist in the protection of regionally valuable environments, such as the Hanging Swamp ecological communities.

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PRECIS OF SELECTED CORRESPONDENCE Item 24 - Ordinary Meeting, 10/9/02

12. 2/9/2002 - Patrick Davoren, Director, Research Agencies, Department of Education, Science and Training

Replying on behalf of the Minister for Science, the Hon Peter McGauran MP, and thanking Council for its recent letter to the Prime Minister, concerning Council’s opposition to the replacement research reactor in light of the recent discovery of a geological fault in the excavations for the reactor. Advising that the geological fault is not an earthquake fault line, and that the Australian Nuclear Science and Technology Organisation (ANSTO) in consultation with the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA), has commissioned geotechnical studies designed to provide a sound scientific basis for assessment of its significance.

Also noting that the findings, and proposals for addressing any issues they raise, will be conveyed to the Chief Executive Officer of the ARPANSA, Dr John Loy, who will assess ANSTO’s proposals and the results of technical investigations, and obtain independent advice and expertise as required. Dr Loy will ensure that the public is kept informed of ARPANSA’s decision making processes. Finally, advising that in the light of all the processes and scrutiny of these processes, the Minister considers that the further inquiry proposed by Council is unwarranted.

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RESPONSES TO QUESTIONS WITH NOTICE (30/7/02) Ordinary Meeting, 10/9/02

ITEM NO: 25

SUBJECT: MOTIONS FOR DEFERRAL

FILE NO: C00336

Question by Councillors C Gaul, A Henson and H Kozelj (30/7/02):

“When is a motion for deferral considered to be a ‘direct negative’?”

Response from General Manager:

Council’s Code of Meeting Practice states inter alia:

“An amendment shall be out of order and rejected by the Chairperson if it:

a) substantially alters the subject or the essential practical effect of the motion; or

b) amounts to a direct negative; or

c) has the effect of reversing an amendment already adopted; or

d) is substantially the same as an amendment previously rejected.

An amendment to defer a matter is an acceptable form of amendment.”

In general, as stated in Council’s Code of Meeting Practice, a motion or amendment to defer is not a direct negative to approve or refuse because it is not a determination but merely a procedural motion normally to enable more information to be obtained.

However, in some circumstances an amendment for deferral would be considered to be a direct negative should the deferral of the matter before the Council if carried have the effect of rendering the main motion incapable of being dealt with at a later stage.

An example would at Council’s meeting of 25 June 2002 where it was moved that “Council representatives attend the 2002 National General Assembly of Local Government to be held at Alice Springs from 3-6 November 2002”. An amendment to “defer the matter to Council’s Meeting of 12 November 2002” would be considered a direct negative as the amendment would have the effect of defeating the main motion or the purpose of the main motion once and for all. The proper means of opposing the original motion would be to vote against it.

As you are aware, the Chairperson has the duty to rule on the amendment in the first instance. However, Council’s Code of Meeting Practice sets out the procedure if a Councillor wishes to raise a Point Of Order and also sets out the procedure to be followed should a Councillor wish to dissent from the ruling of the Chairperson on a point of order.

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RESPONSES TO QUESTIONS WITH NOTICE (20/8/02) Ordinary Meeting, 10/9/02

ITEM NO: 26

SUBJECT: LINDEN OBSERVATORY AND SURROUNDING ESTATE

FILE NO: A70891

Question by Councillor A Henson (20/8/02):

“Has a reply come back from Mr. Debus, Mr. Bartlett and the National Trust to seek financial assistance for:

· the conservation of the Linden Observatory and surrounding estate.

· the ability for this historic site to continue to serve as a public learning facility according to the wishes of the late Mr. Kenneth Beames?”

Comment by Councillor Henson

This was from a motion put by Councillors Henson, Kozelj, Burridge, Gaul, Van der Kley and Searle on 30/4/02.

Response from General Manager:

Replies have been received from:

1. The Honourable R. Debus MP stating that the matter had been forwarded to the Minister for Urban Affairs and Planning.

2. Kerry Bartlett, Member for Macquarie advising of the possibilities of funding through the Cultural Heritage Projects Program.

A reply has not been received from the National Trust nor the Minister for Urban Affairs and Planning. Accordingly follow up letters have issued.

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RESPONSES TO QUESTIONS WITH NOTICE (20/8/02) Ordinary Meeting, 10/9/02

ITEM NO: 27

SUBJECT: TEN MATURE EUCALYPTUS OREADES (BLUE MOUNTAINS ASH) ON THE WESTERN SIDE OF QUEENS ROAD, KATOOMBA

FILE NO: R08/0046

Question by Councillor T Hamilton (20/8/02):

“Ten mature Eucalyptus oreades (Blue Mountain Ash) on the western side of Queens Road, Katoomba, just inside the grounds of the retirement village were chopped down on 31/7/02 and 1/8/02.

The trees formed part of a unique streetscape, as these trees only grow in this part of the mountains and these were magnificent specimens. Together with a row of equally beautiful trees on the opposite side of the street they formed a majestic entry into Queens Road. Now there is an ugly gap in the landscape and exposing the trees opposite to wind and storm damage.

The slope where the Euc. oreades once stood is very steep and if left unreplanted, it is feared that erosion will occur.

Many residents in the neighbourhood have been very distressed by the destruction of these trees and would like to know whether the correct TPO process was observed.

Upon what grounds was consent to cut down so many mature trees given?

Some residents believe these were heritage listed – were they?

Assuming the landowner is obliged to replant, does the Council have the power to decide which trees should be planted? One Council officer to whom several residents have spoken claimed that the Euc. oreades will be replanted. If this is the case will these trees be cared for properly or will they be victims like the many seedlings of the original trees which were also removed, leaving only weed species?”

Response from Group Manager, Environmental and Customer Services:

The approval to remove the trees was issued in response to an application under Council’s Tree Preservation Order. Of particular note during the assessment of the application was the substantial amount of dieback of the trees, the amount of root damage, the presences of borers in most of the trees, and the potential for the major structural deadwood in the trees to cause damage or injury to property and residents of the area.

The trees were not a heritage item and were not part of a heritage item.

The approval to remove the trees was subject to replanting. The approved replanting includes 15 trees of the same species, with additional landscaping.

Page 126

QUESTIONS WITH NOTICE Ordinary Meeting, 10/9/02

ITEM NO: 28

SUBJECT: COUNCIL REPORTS

FILE NO: C00097

Question by Councillors A Searle and M Greenhill (10/9/02):

“Since the 1999 Council election, how many reports have been ordered by the elected Council, what were the terms of the reports sought, and how many have in fact been reported back to Council? Please provide projected report-back dates for those reports that have not yet been delivered on by Council staff.”

Page 127

QUESTIONS WITH NOTICE Ordinary Meeting, 10/9/02

ITEM NO: 29

SUBJECT: LAWSON TOWN CENTRE RETAIL IMPACT STATEMENT - HILL PDA, JULY 1999

FILE NO:

Question by Councillor C Gaul (10/9/02):

“Why were the findings of the survey accompanying the Retail Impact Assessment accepted and reported on when basic methodology and reporting was inadequate, eg:

· Dates of some survey days were shown incorrectly. 4.3.99 was a Thursday not a Saturday and no specific times for interviews were recorded. · Several questions were not answered by all respondents. For example on the crucial Q9 re expenditure of respondents only 174 surveys out of the 200 were completed. · There was no corresponding table of findings to the Shopper Retail Expenditure question, Q9 in the report. This renders the survey largely meaningless but despite this major flaw the Retail Impact Assessment was used to overturn the recommendations of the Lawson Township Study by BBC Consulting. Why?”