MAITLAND CITY COUNCIL
Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that a Meeting of Maitland City Council will be held in the Council Chambers, Town Hall, High Street, Maitland, commencing at 5.30pm.
ORDINARY MEETING AGENDA
11 MAY 2010
DAVID EVANS GENERAL MANAGER
Please note:
In accordance with the NSW Privacy and Personal Information Protection Act, you are advised that all discussion held during the Open Council meeting is recorded for the purpose of verifying the minutes. This will include any discussion involving a Councillor, Staff member or a member of the public.
ORDINARY MEETING AGENDA 11 MAY 2010
TABLE OF CONTENTS
ITEM SUBJECT PAGE NO
1 INVOCATION ...... 1
2 APOLOGIES AND LEAVE OF ABSENCE ...... 1
3 DECLARATIONS OF INTEREST ...... 1
4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING...... 1
5 BUSINESS ARISING FROM MINUTES...... 1
6 MAYORAL MINUTE...... 1
NIL...... 1
7 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS ...... 1
8 PUBLIC ACCESS ...... 1
9 GENERAL MANAGER'S REPORTS ...... 2
9.1 REVENUE STRATEGY ...... 2
10 SERVICE PLANNING AND REGULATION REPORTS ...... 20
10.1 DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL...... 20 10.2 DA 09-2756 - 144 BED RESIDENTIAL CARE FACILITY, ANAMBAH ROAD RUTHERFORD SUBMISSION TO JOINT REGIONAL PLANNING PANEL ...... 66 10.3 ACCREDITATION OF COUNCIL BUILDING SURVEYORS ...... 131 10.4 ADOPTION OF DRAFT SENIORS LIVING AMENDMENTS TO MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITY WIDE 2006...... 135 10.5 GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN ...... 152 10.6 AMENDMENT TO MAITLAND LEP 1993 - CHISHOLM LOCAL CENTRE - ADOPTION ...... 186 10.7 REVIEW OF THE MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITYWIDE 2006 FOR THE GILLIESTON HEIGHTS CATCHMENT AREA...... 248 10.8 MAITLAND LOCAL STUDIES STRATEGY ...... 260
11 ASSETS AND INFRASTRUCTURE PLANNING REPORTS...... 265
11.1 GREEN STREET PROGRAM...... 265
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11.2 JOHNSTON RESERVE, MOUNT PLEASANT STREET - PROPOSED TRAFFIC CALMING ...... 269
12 FINANCE AND ADMINISTRATION REPORTS...... 273
12.1 FACEBOOK FOR MAITLAND CITY COUNCIL ...... 273 12.2 TOURISM EVENTS ...... 279
13 CITY WORKS AND SERVICES REPORTS...... 290
13.1 LITTER ...... 290
14 ITEMS FOR INFORMATION...... 297
14.1 COUNCILLOR MOTIONS...... 297 14.2 ENERGY AUSTRALIA HERITAGE AWARDS 2010 ...... 300 14.3 SECTION 94 QUARTERLY REPORT ...... 302 14.4 COUNCIL'S HOMEPAGE STATISTICS ...... 307
15 NOTICES OF MOTION/RESCISSION ...... 308
NIL...... 308
16 QUESTIONS WITHOUT NOTICE ...... 308
17 URGENT BUSINESS ...... 308
18 COMMITTEE OF THE WHOLE...... 308
NIL...... 308
19 CLOSURE...... 308
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PRESENT
1 INVOCATION
2 APOLOGIES AND LEAVE OF ABSENCE
3 DECLARATIONS OF INTEREST
4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING
● The Minutes of the Ordinary Meeting held 27 April 2010 be confirmed. 5 BUSINESS ARISING FROM MINUTES
6 MAYORAL MINUTE
Nil 7 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS
8 PUBLIC ACCESS
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9 GENERAL MANAGER'S REPORTS
9.1 REVENUE STRATEGY
File No: 2/35 Attachments: 1. Draft Revenue Strategy Responsible Officer: David Evans - General Manager Author: Phil Freeman - Manager Accounting Services
EXECUTIVE SUMMARY
Maitland City Council has a tradition of sound financial management, however it is becoming increasingly more difficult to respond to the financial pressures placed on the organisation. This Revenue Strategy demonstrates the increasing financial challenges facing Council, identifies revenue streams available to Council and recommends actions to increase Council’s revenue base.
OFFICER’S RECOMMENDATION
THAT the attached Draft Revenue Strategy be adopted.
REPORT This Revenue Strategy has been developed to provide Council with the framework and direction to assist in making decisions about managing, allocating and using its financial resources in a sustainable manner. The Strategy explores avenues to increase revenue to levels sufficient to adequately maintain existing service levels, improve the overall standard and condition of the City’s assets and deliver new facilities and enhanced service levels in line with community expectations.
The Strategy is also intended to inform discussion about the Council’s various revenue streams, through its identification of the various constraints and parameters which apply to Council’s revenue. In this context, the Revenue Strategy is a document which, together with Council’s other key strategic documents, will inform and assist the process of developing “Maitland 2021”, and discussions related to the longer term financial sustainability of the Council.
The Strategy provides a number of actions within each of Council’s available revenue streams, which will be subject to more detailed reports being brought back to Council.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
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REVENUE STRATEGY (Cont.)
General Manager's Reports
REVENUE STRATEGY
Draft Revenue Strategy
Meeting Date: 11 May 2010
Attachment No: 1
Number of Pages: 16
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Maitland City Council Draft Revenue Strategy
Table of Contents
Page
1. Executive Summary 1
2. Purpose 1
3. Principles 1
4. Background 2
4.1 The City’s Growth 2 4.2 Managing the City’s Assets 3 4.3 Increasing Costs 4 4.4 Cost Shifting 4 4.5 Restrictions on Revenue 5 4.6 Non Discretionary Expenditure 6 4.7 Likely Council and Community Future Infrastructure Requirements 6
5. Council’s Revenue Streams 7
5.1 Rates 8 5.2 Fees and Charges 10 5.3 Grants 11 5.4 Borrowings 11 5.5 Investments 12 5.6 Section 94 Developer Contributions 12 5.7 Other Revenue 13
6. Recommended Strategy 14
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REVENUE STRATEGY (Cont.) Maitland City Council Draft Revenue Strategy
Prepared 11/5/10
1. EXECUTIVE SUMMARY
This Revenue Strategy demonstrates the increasing financial challenges facing Council, identifies the revenue streams available to Council and recommends the following actions as means to increase Council’s revenue base.
• Review all current fees and charges and levels of cost recovery • Identify and seek additional grant funding • Incorporate discussion of rating, and avenues for special rate variations, into Council’s community strategic planning process • Review Council’s Annual Borrowing Policy • Review Council’s Investment Policy and cash flow processes • Review and monitor Council’s Section 94 Plans and Policies • Identify opportunities to rationalise Council’s asset base • Canvass community support to undertake entrepreneurial activities • Review Council’s service levels and methods of service delivery
2. PURPOSE
This Revenue Strategy has been developed to provide Council with the framework and direction to assist in making decisions about managing, allocating and using its financial resources in a sustainable manner. The Strategy will explore avenues to increase revenue to levels sufficient to adequately maintain existing service levels, improve the overall standard and condition of the City’s assets and deliver new facilities and enhanced service levels in line with community expectations.
The Strategy will provide a number of actions within each of Council’s available revenue streams, which will be subject to more detailed reports being brought back to Council.
3. PRINCIPLES
The following principles have been considered in the development of the Revenue Strategy:
• Revenue needs to be raised by Council in a sustainable manner. • A balance of the different revenue streams must be actively sought and maintained on an ongoing basis over the longer term. • Revenue policy is one of the tools used to assist in furthering Council’s broader adopted policy objectives.
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REVENUE STRATEGY (Cont.) • A balance of revenue contribution should be sought from the various elements of the community, including: o Ratepayers o Users of Council services o Visitors to the City o Other authorities o State and Federal Government grants and contributions o Development industry through Section 94 contributions
4. BACKGROUND
Maitland City Council has a tradition of sound financial management. However, it is becoming increasingly more difficult to respond to the financial pressures placed on the organisation. Council is facing a number of challenges, in the form of: • High population growth • Managing a large infrastructure base • Increasing costs • Cost shifting • Restrictions on revenue • Non discretionary expenditure • Likely Council and community future infrastructure requirements
4.1. The City’s Growth
Over the last five years Maitland has experienced consistently high population growth rates, bringing its population at 30 June 2009 to 69,154. The growth rate in 2008/09 of 1,236 people (1.8%) was the largest population increase for an inland local government area (LGA) in NSW and the 7th largest increase for an inland local government area in Australia. The Council’s adopted Urban Settlement Strategy is planning for significant growth in the LGA to continue over the next twenty years.
These increases in the population have placed, and will continue to place, considerable extra demand on both Councils infrastructure and services. Costs for providing services and maintaining the Council’s infrastructure base need to be balanced against the community’s needs and expectations, and a growing demand for such services.
To assist with the management of future growth in a sustainable manner, Council has commenced and/or completed a number of key strategic policy frameworks. These strategies will form the basis of Council’s 10 Year Community Strategic Plan and collectively they identify a range of actions and new major works for Council’s future consideration. In many cases, funding sources for such works are yet to be identified, however where possible avenues such as Section 94 contributions will and are being explored.
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REVENUE STRATEGY (Cont.) Some of the major strategies that will assist the Council to determine its immediate future priorities include:
• Asset Management Strategy • City Wide Section 94 Plan • Aquatic Feasibility Study • Library Strategic Plan • Central Maitland Structure Plan • Community Facilities Review • Open Space Review • Major Plans of Management (Walka / Maitland Park / Maitland No.1 Sportsground Precinct) • Administration Building Feasibility and Investigation • Waste Management Plan • Maitland Comprehensive LEP 2011 • Human Resource Strategy / Workforce Plan
The above documents will assist the Council to put in place a comprehensive and integrated planning framework. This document recognises that it is important that Council’s strategic planning processes are linked to its revenue strategy to enable proper consideration of funding opportunities for such works.
The Council also needs to carefully consider its own resourcing levels and plan to grow the organisation, where appropriate, to cater for the increasing demand upon its services. Such growth also needs to form an integral part of the overall revenue strategy.
4.2 Managing the City’s Assets
A fundamental part of Council’s responsibilities, and a significant part of the activities performed by the Council, is the maintenance, improvement and replacement of the City’s assets. Council’s adopted Asset Management Strategy establishes the following key principles in relation to the management of the City’s assets:
• Maintenance of existing infrastructure with the acquisition of additional assets or major upgrades only occurring through Section 94 funding combined with matching Council funds. • Continued focus of asset management on the core infrastructure that underpins Council services. • Provision of funding for replacement of assets. • Service levels remaining the same with a gradual and sustainable improvement through a funded replacement program. • Meeting all statutory and duty of care requirements. • Minimising whole of life costs. • Recognising that one off major capital projects, such as new facilities, will have to be funded by loan borrowings.
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REVENUE STRATEGY (Cont.) To confirm the state of Council’s financial position and to guide future planning, Council has developed a Ten Year Financial Planning Model. This model specifically links the Asset Management Strategy and supporting Asset Management Plans with the adopted Section 94 Plan.
The model is based upon an optimum position involving maintaining current service levels, fully funding replacement reserves and maintaining current levels of maintenance expenditure. This modelling allows Council to assess the additional revenue that will be required to fulfil the requirements of Councils adopted Asset Management Strategy.
4.3. Increasing Costs
The cost to Council of providing services is subject to various cost increases, including:
• Construction cost increases, which have been in the vicinity of 6.0% to 8.0% per annum for a number of years.
• State Government charges increasing beyond CPI and the rate pegging limit. An example of this is the EPA Waste Levy, which increased by 31% for 2009/10 (from $40.00 per tonne to $52.40 per tonne) and will increase by 25% in 2010/11 (from $52.40 per tonne to $65.30 per tonne). Other examples include the substantial increases over time that Council is required to contribute to the NSW Rural Fire Service and the NSW Fire Brigade and increases in street lighting costs.
4.4. Cost Shifting
Councils are subject to cost shifting, where the responsibility for, or merely the cost of, providing a certain service, asset or regulatory function is “shifted” from a higher level of government (Australian or State) onto Local Government without the provision of corresponding funding or the conferral of corresponding and adequate revenue raising capacity.
This includes the situation where local government agrees to provide a service on behalf of another sphere of government but funding is subsequently reduced or stopped, and local government is unable to withdraw because of community demand for the service. It also includes the situation where another sphere of government ceases to provide, or provides insufficient levels of a service, and local government steps in because of community demand for the service.
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REVENUE STRATEGY (Cont.) Examples of cost shifting experienced at Maitland City Council over the past 6 years include:
Increase Increase Actual Actual Cost % $ 2008/09 2002/03 Street lighting 46% 287,880 919,640 631,760 NSW Fire Brigade 34% 103,542 412,610 309,068 NSW Rural Fire Service 67% 63,106 157,194 94,088 State Government Waste 315% 1,904,720 2,509,816 605,096 Levy Total 2,359,248 3,999,260 1,640,012
The increase in CPI over the same 6 year period was 17%.
4.5. Restrictions on Revenue
Maitland City Council, like all other Council’s in NSW, faces a number of external factors that restrict its ability to raise its income. These factors include:
• Rate pegging - Councils in NSW are constrained in the amount of income that can be raised by levying rates on property owners through the State Governments rate pegging system. Under this system, Council’s are only permitted to increase their rates by the percentage announced each year by the Minister for Local Government (2.6% for 2010/11), meaning Councils rating income is not increasing at the same rate as Councils overall costs. E.g. Construction costs have been increasing at a rate of between 6% and 8% per year for a number of years. Whilst the current rate pegging system is under review and recommended for change by the Independent Pricing and Regulatory Tribunal (IPART), it is likely that rate pegging will remain a factor in some form, as regards levels of rate income for Councils.
• Grant funding – Other than the annual untied Commonwealth Financial Assistance Grant (FAG) and local roads grants paid to Council through the NSW Grants Commission ($5.9 M in 2009/10), the Library per capita grant ($157K in 2009/10), and some of the RTA road maintenance grants, Councils grant funding is generally uncertain, with the success or otherwise of grant applications being determined by the organisations offering the grants.
• Fees and charges – Although Councils are permitted to charge a fee for services they provide, Councils invariably provide services free of charge or set fees aimed at partial cost recovery only. There has been a trend in recent years for Councils to seek to expand the user pays system, however this has always been met with resistance from the interested user groups, citing that Councils should provide services for the public good. Consequently, Council’s community service obligation is a fundamental consideration when determining the fees and charges for community services and facilities.
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REVENUE STRATEGY (Cont.)
• Loan borrowings – Council is able to borrow additional money, in excess of its current annual loan drawdown, for major capital projects as a means of bringing forward major works. There is a constraint, however, on the amount that can be borrowed, being Councils ability to repay the additional debt.
4.6 Non Discretionary Expenditure
Council’s adopted budget for 2009/10 estimated a surplus of $7,265, made up as follows:
$’000
Total cash revenue 56,341 Less: Cash payments 59,274 Net operating deficit (2,933) Add: Funding from loans & reserves 2,940 Net cash surplus 7
Although Council is estimating revenue in 2009/10 of $56.3M, a breakdown, detailed below, reveals that the majority of these funds are earmarked for non- discretionary expenditure items.
$’000
Total revenue 56,341
Less: Non discretionary expenditure State Government waste levy 3,330 Street lighting 1,015 Contribution to NSW Fire Brigade 415 Contribution to NSW Rural Fire Service 150 Insurance 772 Domestic waste management service (excl waste levy & HP payments) 4,602 Valuation fees – Department of Lands 109 RSPCA contract fee 120 Loan & hire purchase repayments 2,669 Transfers to Section 94 reserves 3,240 Expenditure re: specific purpose grants received 5,267 Other non-discretionary expenditure 1,140 Employee costs 23,771 Total non-discretionary expenditure 46,600
Revenue available for discretionary expenditure 9,741
Thus, the amount of Council’s total revenue actually available for discretionary expenditure in 2009/10 is significantly reduced, and amounts to only $9.7M.
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REVENUE STRATEGY (Cont.) 4.7. Likely Council & Community Future Infrastructure Requirements
As previously identified, Council has commenced and/or completed a number of strategies to assist with the management and future growth of the city in a sustainable manner. These strategies collectively identify a range of major projects likely to be needed by a growing community over the next 10 years and beyond, including:
Indicative Project Cost Aquatic facility $6m to $15m Administration building $7m to $17m Town hall refurbishment $1m Maitland library relocation $6m Asset maintenance backlog $45m Maitland City Centre - Civic spaces / Mall $10m City appearances and presentation $1m pa Oakhampton / Walka recreation reserve $10m Maitland sportsground $12m Maitland park $10m Operational & corporate facilities - Mechanical workshop $3m - Depot improvements $3m - Materials reuse / recycling facility $2m - Corporate IT system replacement $2m Waste facilities $5m to $30m
Further, as Maitland’s population grows and the dynamic of the community changes, there will be demand for increased levels of service and additional services to be provided by Council.
The magnitude of the estimated cost of the projects listed above, combined with the cost of enhancing service levels and providing additional services, reinforces the need for the funding of them to be considered as part of the revenue strategy.
5. COUNCIL’S REVENUE STREAMS
There are a limited number of revenue streams available to Councils.
Section 491 of the Local Government Act, 1993, sets out the main sources of Councils income, being:
• Rates • Charges • Fees • Grants • Borrowings
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REVENUE STRATEGY (Cont.) • Investments
Section 94 of the Environmental Planning and Assessment Act, 1979, gives Councils the power to levy contributions from developers, under a strict legislative framework.
In addition to this, Councils may also obtain income from other business activities, including property rentals, tourism, parking fines and asset sales.
5.1. Rates
Income from rates generally forms the largest single portion of a Council’s total overall revenue. Rating income is generated from four rating categories, being farmland, residential, mining and business.
Maitland City Council’s rates base consists of approximately 26,700 rateable properties, encompassing the residential, farming, business and mining sectors. Rates income constitutes the primary revenue stream for Council and represents the funding source for the delivery of services to the Maitland community and the maintenance of a growing capital works program.
For 2009/10, Maitland City Council’s total budgeted revenue is $56.3 million (excluding non cash developer road and drainage dedications), of which $28.1 million will be generated from rating revenue.
Council’s ordinary rating revenue as a proportion of total revenue (excluding non cash developer road and drainage dedications) over the past 5 years was as follows:
Year % 2009 45.88% 2008 42.05% 2007 45.51% 2006 45.68% 2005 45.30%
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REVENUE STRATEGY (Cont.)
Maitland City Council Ordinary rates revenue to total revenue (excluding Gain on disposal assets & Non cash dedications)
48.00%
45.68% 45.88% 45.30% 45.51%
44.00% 42.05%
40.00%
36.00% 2005 2006 2007 2008 2009
An important statistic is revealed when comparing the ordinary rate revenue per capita that each of the Lower Hunter Council receives.
Ordinary rate revenue per capita 2008/09.
Council $ Maitland 385.57 Cessnock 470.47 Port Stephens 429.19 Lake Macquarie 357.35 Newcastle 511.43
Ordinary rate revenue per capita 2008/09
$540.00 $511.43
$500.00 $470.47
$460.00
$429.19
$420.00
$385.57 $380.00 $357.35
$340.00 Maitland Cessnock Port Stephens Lake Macquarie New castle
On a per capita basis, Maitland City Council’s rate revenue is the second lowest of the five Council areas, being approximately $44.00 lower than Port Stephens
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REVENUE STRATEGY (Cont.) Council, $85.00 lower than Cessnock City Council and $126.00 lower than Newcastle City Council.
This indicates that when the NSW State Government introduced rate pegging in 1977, Maitland City Council was in all likelihood receiving less rates on a per capita basis than all but one of the surrounding Councils. Due to the nature of rate pegging, Maitland Council was thus locked into the inequitable position of perpetually receiving less rate income than the surrounding Councils, reducing Council’s capacity to manage its assets sustainability. This situation can only be remedied by increasing rate revenue, through Council applying to the Minister for Local Government for a number of Special Rate Variations over the next 10 years.
Based upon its population of approximately 69,200 at 30 June 2009, if Maitland City Council received the same ordinary rate per capita in 2008/09 as Cessnock, Port Stephens or Newcastle Councils, the additional income raised would have been:
Average Rate Additional Rate Additional Comparable Per Capita Per Capita Rates Council $ $ $ Port Stephens 429.19 43.62 3,018,504 Cessnock 470.47 84.90 5,875,080 Newcastle 511.43 125.86 8,709,512
The additional rate income raised under these scenarios would significantly reduce Councils projected shortfall between income and expenditure over the next 10 years and help improve service levels and the condition of Council’s assets.
Due to the constraints placed on Councils by the State Governments rate pegging system, Council’s rating income is not increasing at the same rate as Council’s overall costs.
Council’s reliance on rating revenue, whilst low, at under 50% of total revenue, is something to be looked at in the broader context of all revenue streams. Although a rating increase, through seeking a Special Rate Variation from the Minister for Local Government, is an option available to Council, Council must continue to explore its revenue streams to ensure that rating revenue as a proportion of total revenue remains generally the same.
5.2. Fees and Charges
Council’s fees and charges relate to the recovery of service delivery costs by charging fees to users of Council services. These include Council’s waste facility, a wide variety of community facilities, including parks, sportsgrounds, Walka Water Works, community halls, the Town Hall, Senior Citizens Centre and swimming pools.
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REVENUE STRATEGY (Cont.) This revenue stream also includes regulatory and statutory fees including development application fees and fees for Section 149 (zoning) certificates, Section 603 (rates) certificates and construction certificates, however these fees are set by legislation.
Section 610D of the Local Government Act, 1993, provides that when determining a fee for service, a Council must take into consideration the following factors:
• The cost to the Council of providing the service, • The price suggested for that service by any relevant industry body or in any schedule of charges published, from time to time, by the Department of Local Government, • The importance of the service to the community, • Any factors specified in the Local Government (General) Regulations.
Further, in developing a conceptual framework for specific pricing policies, Council should consider a range of issues, including:
• That the setting of fees and charges is cognisant of Council’s environmental, social and financial objectives • That user based charges recognise the needs of the disadvantaged in our community and that where appropriate Council’s fee structures recognise the capacity to pay of those service users who may have a limited capacity to pay. • That Council’s fees and charges are reviewed annually taking into account any increases in the underlying rate of inflation. • That the optimum use of Council facilities and resources in the context of Council’s Asset Management Strategy is considered in the setting of user pays based fees and charges. • That community users of Council services are effectively consulted prior to the introduction of any new or varied service charges.
The pricing policy applied to a particular service is also guided by Council’s motivation for being involved in the service.
Following a recent preliminary review, it was determined that, in many cases Council’s current cost recovery ratio is very low. Consequently, there is scope for increasing, over time, the cost recovery level for selected services provided by Council. Such services may include use of sporting fields, parks, community facilities and swimming pools.
5.3. Grants
Council receives specific grants, both operating and capital, from the Federal and State Governments to support the funding of a range of Council services and major capital projects, including environmental projects, community service
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REVENUE STRATEGY (Cont.) programs, road safety programs, public library operations and road construction works.
This revenue stream also includes the Commonwealth financial assistance and local roads grants paid through the NSW Grants Commission.
Other than the annual untied Commonwealth financial assistance grant (FAG) and local roads grants ($5.9 M in 2009/10), the Library per capita grant ($157K in 2009/10), and some of the RTA road maintenance grants, Councils grant funding is generally uncertain and cannot be relied upon as a steady revenue stream.
5.4. Borrowings
Each year Council borrows funds for specific capital works projects, including road, drainage, access and bridge construction works. The current annual loan drawdown is $1 million.
One of the funding options open to Council is the raising of additional debt for the purposes of capital development.
It is recognised that long term borrowings can be a useful tool for funding the development of major new assets. It’s also recognised that while borrowings enhance the capacity of Council’s short term capital program, debt repayment and borrowing costs limit the capacity of future capital programs. It is therefore important that the utilisation of debt as a funding tool is applied judiciously.
5.5. Investments
Councils are limited by Section 625 of the Local Government Act, 1993, to the types of investments that can be made. Investments must be in accordance with the Local Government Act 1993 Investment Order, which is issued by the Minister for Local Government.
Further, in accordance with Division of Local Government guidelines, Council has adopted an Investment Policy, with its current Policy being last revised on 14 April 2009.
The principle objective of Council’s Investment Policy is for Council to adopt a prudent approach to investments with the primary focus being the preservation of capital.
Council’s cash flow is monitored on a daily basis, however given that the principle objective of Council’s Investment Policy is the preservation of capital, there is little scope available to Council to generate additional revenue from changes to its investment practices.
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REVENUE STRATEGY (Cont.) 5.6. Section 94 Developer Contributions
Section 94 of the Environmental Planning and Assessment Act, 1979, gives Council the power to levy contributions from developers for public infrastructure required as a consequence of their development.
Contributions may be in the form of cash payments, transfer or dedication of land to Council or the provision of a material public benefit (generally known as works in kind).
For a Council to levy contributions, there must be a clear nexus between the proposed development and the need for the public infrastructure for which the levy is being required. Consequently, there are limitations on the types of works that Section 94 funds can be utilised for, and a strict legislative framework that guides the collection and management of such funds.
5.7. Other Revenue
Council also receives income from various other sources. The levels of these revenue streams vary significantly on a year by year basis and include the following:
5.7.1. Asset Sales
Council has an extensive asset base, with the written down value of its land and buildings at 30 June 2009 totalling $251 million.
If an asset deemed surplus to requirements could be sold, not only would sales revenue be generated, there would be an ongoing reduction in maintenance costs currently being outlaid on maintaining the asset. Further, as properties move from Council to private ownership, Councils rate income would be enhanced to some extent.
A number of issues may arise in relation to the sale of Council assets, including: • Resistance from user groups • Negative response from the community in general • Lengthy reclassification process if the assets are built on Community land • Lengthy reclassification process if the assets were funded by S.94 developer contributions
However, it is envisaged that all of these matters can be addressed satisfactorily as the need arises.
5.7.2. Entrepreneurial Activities
Council’s entrepreneurial activities are currently limited to generating rental and lease income from property, merchandise sales and various tourism activities.
Any greater involvement in entrepreneurial activity as a means of generating additional revenue requires careful consideration in terms of:
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REVENUE STRATEGY (Cont.) • The levels of risk associated with any business venture • Remaining “competitively neutral”. i.e. ensuring there is no subsidisation of business costs from general revenue • Effective and appropriate utilisation of Council resources; and • The level of community support for such activities by Council.
5.7.3. Service Levels
Council provides a wide variety of services to the community. As the population grows, demand for the number of services and the level of service increases. Determining the right mix of services, the required service levels and appropriate service delivery methods for the Maitland community, whilst maintaining Council’s financial sustainability in delivering those services, is an ongoing challenge.
Council must therefore be mindful of the levels of service it provides and endeavour to provide levels of service which are adequate to meet the needs and reasonable expectations of the community. A service level will be determined initially, by the funding allocated to a particular service. Council therefore needs to assess whether the service levels set by the funding allocations provided meet the reasonable expectations of the community, whether they fall short of this reasonable expectation, or whether they exceed it.
6. RECOMMENDED STRATEGY
This strategy document provides a basis for the Council’s consideration of each of its revenue streams in working toward achieving a level of revenue which is sufficient to achieve and maintain service levels which meet the reasonable expectations of the community, improve and maintain the overall standard and condition of the City’s assets and deliver new facilities in line with the needs and expectations of the community.
Accordingly, this strategy makes the following recommendations with respect to each of the Council’s revenue streams:
6.1. Rates
Incorporate discussion of rating, and avenues for special rate variations, into the community engagement process associated with the development of “Maitland 2021” and related delivery programs.
6.2. Fees and Charges
Establish a methodology and framework to review all current fees and charges, and levels of cost recovery, mindful of Council’s community service obligations and relevant pricing policies.
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REVENUE STRATEGY (Cont.) 6.3. Grants
Actively identify and seek additional grant funding that may be available to Council from various sources to fund projects.
6.4. Borrowings
Review Council’s borrowing policy with a view to achieving a sustainable level of borrowings that will reduce the backlog of work required on assets, improve the condition of assets and maximise the amount of capital projects that may be undertaken.
6.5. Investments
Review Council’s Investment Policy and cash flow processes with a view to maximising returns on investments, whilst ensuring the preservation of capital.
6.6. Section 94 Developer Contributions
Review and monitor Council’s Section 94 Plans and Policies, particularly in response to legislative change.
6.7. Other Revenue
The following strategies are recommended for Council’s other revenue sources:
6.7.1. Asset Sales
Undertake a review of Councils operational holdings, for both land and buildings, to assist Council in identifying opportunities to rationalise its asset base. Any assets deemed surplus to requirements could be sold, generating sales revenue, reducing maintenance costs and increasing rating income.
6.7.2. Entrepreneurial Activities
Canvass community support for Council to undertake entrepreneurial activities that will generate sustainable net revenue.
6.7.3. Service Levels
Undertake a review of Council’s current service levels and service delivery methods to identify opportunities for reducing costs, enhancing efficiencies and releasing funds for other projects and/or services, whilst meeting the needs and expectations of the community.
Page (19) ORDINARY MEETING AGENDA 11 MAY 2010
10 SERVICE PLANNING AND REGULATION REPORTS
10.1 DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL
File No: DA 09-1398 Attachments: 1. Locality Plan (under separate cover) 2. Development Plans (under separate cover) 3. Illistrative Cross Sections, Shadow Diagrams & Site Plan (under separate cover) 4. Heritage Branch Correspondence (under separate cover) 5. Response to Submissions (under separate cover) 6. Public Submissions (under separate cover) Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation David Simm - Manager Development & Environment Stephen Punch - Principal Planner Author: Cindy Dickson - Town Planner
Applicant: Morpeth House Pty Ltd Owner: Morpeth House Pty Ltd Proposal: Stage 1 Civil Works, Excavation Works, Landscaping, Utility Connections and Demolition Works Location: Morpeth Road, Morpeth Zone: 2(a) Residential, 1(d) Rural Residential and 1(b) Secondary Rural Land
EXECUTIVE SUMMARY
Development consent is sought from Council for ‘Stage 1A’ of a staged aged care and residential development on land identified as Lots 2 and 3 DP841759 Morpeth Road, Morpeth. The subject proposal incorporates civil works, excavation works, landscaping, utility connections and demolition works.
The development application has been lodged as the first stage of master plan DA 08-2335 approved by Council at its Ordinary Meeting on 14 July 2009 as a deferred commencement consent. The master plan approval became operational as of 23 March 2010 under Section 80 of the Environmental Planning and Assessment Act when the Heritage Agreement (in accordance with the provisions of the Heritage Act) was signed between the Minister administering the Heritage Act and the owner of the subject site.
The land previously known as the St John’s Centre of Ministry is located within the Morpeth Heritage Conservation Area and is a key site in the history of Morpeth. In its context, setting, landscape, buildings, fabric and archaeology, the site retains
Page (20) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) tangible evidence of its central role in the establishment of European settlement in the Hunter Valley and in the founding and evolution of the Anglican Diocese of Newcastle. The site has played an ongoing role in the training of clergy as well as in education in the region.
The site contains significant heritage items including Closebourne House, Morpeth House and Brush Box Avenue which are listed on the State Heritage Register, in addition to being items of significance under the Maitland Local Environmental Plan 1993.
A Conservation Management Plan (CMP) was prepared for the site and endorsed by the NSW Heritage Office in 2005. The CMP established the parameters within which any future development on the site will take place. Following the CMP a rezoning under Amendment 97 to the Maitland Local Environmental Plan 1993 was granted in 2008 to facilitate the development of the site. In addition a master plan was developed and approved for the project under DA 08-2335. All components of the subject proposal in this report are permissible forms of development with Council consent and are consistent with the objectives of the zones. The master plan provides a framework within which future development can take place on the site and the subject proposal has largely incorporated the policies of the endorsed master plan.
The proposed development is classified as integrated development under the Heritage Act 1977 and requires consent from the Heritage Office of NSW. The ‘general terms of approval’ for the project master plan have been issued by the NSW Heritage Office.
The application was lodged in July 2009 and was exhibited for a period of 30 days, with this period being extended on three occasions due to the receipt of additional information. During the notification process thirteen (13) submissions were received. It should be noted that several members of the public lodged five (5) additional objection letters after their original submissions. The submissions raise objections primarily concerning landscaping, excavation works, utility services, boundary fencing, privacy and solar access. The issues raised are addressed within Appendix 5 to this report. A number of issues were worked through with the applicant during the assessment process and it is considered that the remaining issues are not sufficient to restrict the reasonable development potential of the site as approved under the master plan or warrant refusal of the application.
The application has been assessed against the requirements of Section 79C of the Environmental Planning & Assessment Act, 1979 and is considered satisfactory. Accordingly, it is recommended the application be approved subject to conditions.
OFFICER’S RECOMMENDATION
THAT Development Application 09-1398 for Stage 1 civil works, excavation works, landscaping, utility connections and demolition works on Lots 2 and 3 DP841759 Morpeth Road, Morpeth be granted consent under the Environmental Planning & Assessment Act, 1979, subject to conditions of consent set out in the attached schedule.
Page (21) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) REPORT
The development application seeks approval for ‘Stage 1A’ of a staged aged care and residential development on the subject site. The proposal incorporates civil works, excavation works, landscaping, utility connections and demolition works. It represents the first staged development application subsequent to the approval of the master plan for the site by Council on 14 July 2009 under DA 08-2335.
The proposal relates to preparatory works which will facilitate the future development of the site in accordance with the master plan. The works are primarily located to the central northern and western portions of the site. It should be noted that although building pads are proposed, no dwellings or buildings are proposed in Stage 1A.
The proposal incorporates the following:
Roads and Access • A main entry road from Morpeth Road; • A roundabout north of Morpeth House; • A new car parking area to the north east of Morpeth House; • Senior’s village road linked to the main entry boulevard south of Morpeth House; • Access to 12 senior’s village villas in the south; • Part of a loop road west of the main entry road; • Access to 7 residential and one farmlet lot west of the main entry boulevard; • External works including a CHR/AUL (Channelised Right/Auxiliary Left) intersection on Morpeth Road at entry, pedestrian crossing in Tank Street near intersection of Morpeth Road; and • Street lighting.
Infrastructure and Services • Provision for infrastructure services for 7 residential lots, 1 farmlet and 12 villa lots with capacity to be extended to serve lots in future stages; • Bulk earthworks on un-constructed roads for lead in infrastructure services; • Diversion of sewer rising mains from Lantry Close via a proposed new gravity sewer main to the south-west corner of the site; • Construction of swales to manage stormwater flows from proposed development; • New lead in services (gas and water) via Lantry Close; and • Disconnection of services from site to Lot 15 DP789717 and reconnection of new services from Raworth Avenue.
Other Site Works • Entry statement; • Landscaping planting – streetscape and section of southern boundary (including fencing); • Temporary signage (four signs); • Demolition, including removal of nine existing buildings; • Provision of erosion and sedimentation control measures to manage water quality during construction; and
Page (22) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) • Levelling of building pads for 8 residential lots and 12 seniors living villas.
The purpose of this report is to provide Council with an assessment of the development proposal to enable the determination of the application. The application is put before Council due to the cost of the development works and the receipt of thirteen (13) submissions during the notification process.
INTRODUCTION
The proposed development is located on the western side of the historic village of Morpeth on a site previously known as the St John’s Centre of Ministry. The site is 40.29 ha in area and is defined as Lots 2 and 3 DP841759. The north and eastern boundaries run along Morpeth Road and Tank Streets respectively. The southern and western boundaries adjoin existing residential subdivisions, with the southern area known as Morpeth Manor. The site is considered to be a prominent heritage icon within Morpeth and the wider Maitland Local Government Area.
The site gently slopes from the main high point at the centre of the site. The land falls to the south towards the adjacent residential development, west towards Tank Street and north towards Morpeth Road and Closebourne House. The highest point on the main ridge is occupied by the Morpeth House group, while the Closebourne House group is situated a short distance to the east on a slightly lower but more prominent section of the same ridge. The lowest points on the site are located near the two dams onsite. One dam is located at the north western boundary and the other is located adjacent to Tank Street. A small drainage depression discharges water from relatively small catchments into both of these locations. The topography of the site typically ranges in grades from 1 – 8%. An aerial photograph of the site is provided in Appendix 1.
The site is zoned partly 1(b) Secondary Rural Land, 1(d) Rural Residential and 2(a) Residential. A plan detailing the zoning areas on the site is provided in Appendix 1.
The proposed development is classified as integrated development under the Heritage Act 1977 and requires consent from the Heritage Office of NSW. The property is within the Morpeth Heritage Conservation Area as identified in the Maitland Local Environmental Plan 1993, is listed on the State Heritage Register and contains items of heritage significance including Morpeth House and Closebourne House. The property retains considerable cultural significance for its historic, architectural, landscape and social values.
BACKGROUND / SITE DESCRIPTION
The site originated in around 1821 as part of a grant of 2600 acres given by Governor Lachlan Macquarie to Lieutenant Edward Close. Historical buildings including Closebourne House and Morpeth House were constructed on the site in the mid 1800’s. Areas to the south of the Closebourne site were rezoned to residential in 1984 and 1992, which facilitated the development of land now known as the ‘Morpeth Manor Estate’ at Raworth. In 2004 a Conservation Management
Page (23) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) Plan (CMP) was completed by Design 5 Architects, which was endorsed by the NSW Heritage Office in 2005. The CMP established the parameters within which any future development on the site would have to take place. Using the CMP as the benchmark, a concept master plan was developed for the project and a rezoning under Amendment 97 to the Maitland Local Environmental Plan 1993 was granted in 2008 to facilitate urban development of the site.
A concept master plan for the site was then lodged with Council as an alternative to preparing a development control plan under Section 83C of the Environmental Planning & Assessment Act 1979. The master plan concept included provision for a total of 327 dwellings, comprising farmlets (rural/residential), standard residential and self care retirement living. A nursing home and respite centre to complement the self care retirement portion of the concept plan. In addition, landscaping and adaptive reuse of the heritage items was proposed. Council approved the master plan application on 14 July 2009 and the consent now provides a basis in which future development of the site should take place. The master plan approval became operational as of 23 March 2010 under Section 80 of the Environmental Planning and Assessment Act when the Heritage Agreement (in accordance with the provisions of the Heritage Act) was signed between the Minister administering the Heritage Act and the owner of the subject site. The purpose of the Heritage Agreement is to ensure the long term maintenance and survival of the cultural significance of the property and the significant heritage items on the property which will be appropriately conserved, adapted and reused.
The areas on the site relating to the subject proposal are substantially undeveloped. There is an existing rural entry road off Morpeth Road heading south towards Morpeth House. There are two existing brick residential buildings near the proposed roundabout and a one storey brick dwelling in the proposed car park area to the north of Morpeth House. The undeveloped area is generally open rural land with natural grass cover, with clusters of trees adjacent to the entry road and around Morpeth House.
PROPOSAL
The subject proposal has been lodged subsequent to the approval of the master plan (DA 08-2335) for the site. Under Section 83C of the Environmental Planning & Assessment Act 1979 the master plan sets out the concept proposal and the basis in which future development on the site is to take place. The subject application is a detailed proposal for Stage 1A of the development of the site.
The subject development approval as described in this report, incorporates the following:
Roads and Access • A main entry road from Morpeth Road; • A roundabout north of Morpeth House; • A new car parking area to the north east of Morpeth House; • Senior’s village road linked to main entry boulevard south of Morpeth House; • Access to 12 senior’s village villas in the south;
Page (24) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) • Part of a loop road west of the main entry; • Access to 7 residential and one farmlet lot west of the main entry boulevard; • External works including a CHR/AUL (Channelised Right/Auxiliary Left) intersection on Morpeth Road at entry, pedestrian crossing in Tank Street near intersection of Morpeth Road; and • Street lighting.
Infrastructure and Services • Provision for infrastructure services for 7 residential lots, 1 farmlet and 12 villa lots with capacity to be extended to serve lots in future stages where necessary; • Bulk earthworks on un-constructed roads for lead in infrastructure services; • Diversion of sewer rising mains from Lantry Close via a proposed new gravity sewer main to the south-west corner of the site; • Construction of swales to manage stormwater flows from proposed development; • New lead in services (gas and water) via Lantry Close; and • Disconnection of services from site to Lot 15 DP789717 and reconnection of new services from Raworth Avenue.
Other Site Works • Entry statement; • Landscaping planting – streetscape and section of southern boundary (including fencing); • Temporary signage (four signs); • Demolition, including removal of nine existing buildings; • Provision of erosion and sedimentation control measures to manage water quality during construction; and • Levelling of building pads for 8 residential lots and 12 seniors living villas.
The Development Plans are provided in Appendix 2.
PLANNING ASSESSMENT
The proposal has been assessed under the relevant matters for consideration detailed in Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as follows:
Section 79C(1)(a)(i) provisions of any environmental planning instrument
Local Environmental Plan
The site is zoned a combination of three separate zones, 1(b) Secondary Rural Land, 1(d) Rural Residential and 2(a) Residential. The prescribed zonings were adopted in 2008 in order to facilitate the development embodied in the master plan. All components of the proposal are permissible forms of development with Council consent in their respective zones. A plan detailing the zoning areas on the site is provided in Appendix 1.
Page (25) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) Each aspect of the proposal is considered to be consistent with the zone objectives as follows:
Zone Comment 1(b) Secondary Rural The proposal maintains the majority of the 1(b) zoned area as open space Land as per the recommendations of the CMP and master plan. The existing rural character, visual amenity and heritage significance of the land will not be compromised. 1(d) Rural Residential The semi-rural character of this environment will be retained and provide a transition between the residential and rural components of the development, further assisting in the maintenance of the rural character, visual amenity and heritage significance of the land. Services and facilities are available to the site and the development is therefore considered reasonable. 2(a) Residential The proposal is considered to be consistent with the residential zone objectives in that it would encourage housing in a location of high amenity and accessibility. Public amenities and services are available to the site and the site will operate under a Community Title Agreement with infrastructure within the site boundaries being funded and maintained by the applicant. Therefore no unreasonable demands will be placed on infrastructure in the present or in the future. The development is compatible with the heritage character of the area as it reflects the desired outcomes for the site that were identified under the CMP.
• Heritage Provisions
The land is located within the Morpeth Conservation Area as identified and adopted by Council’s LEP 1993 (clause 31 and schedule 1). The controls that apply to development within heritage conservation areas are provided by clause 33 of the Maitland LEP 1993. These provisions relate to controls on works within the area in order to protect the heritage significance of the conservation area, and Council’s requirement to assess the design and materials proposed in the construction of buildings within the heritage conservation area.
The site encompasses significant heritage items including Closebourne House and Brushbox Avenue which are listed on the State Heritage Register (item number 00375), in addition to Morpeth House which is listed as a Regional item of significance under the Maitland LEP 1993 (clause 31 schedule 2). Given its State significance, the entire site is protected by a Permanent Conservation Order under the Heritage Act 1977 (PCO 375) and the integrated development proposal was required to be referred to the Heritage Council for approval. The Heritage Council granted approval on 9 December 2009, which is provided as Appendix 4. In addition, the controls for development on items of heritage significance provided by clause 32 of Maitland LEP 1993 apply to the proposal. These provisions relate to controls on works on significant items and their surrounds to protect the heritage significance of the item.
The development has been assessed to be generally consistent with key Council policies which have been developed (including the Maitland Conservation & Design Guidelines) as well as the Conservation Management Plan adopted by the Heritage Office for the site. The proposal is considered appropriate in terms of:
Page (26) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) • Maintaining the heritage parameters and curtilage lines established under the CMP; • Preserving the rural character of the site and its view lines to minimise impacts on listed heritage items.
Heritage issues are further discussed in Section 79C(1)(b) within this report.
• Development control plan
Clause 57 of the Maitland LEP 1993 states that Council must not grant consent to development on land within an urban release area unless a development control plan has been prepared for the land. The requirement of this Clause has been satisfied through the provision of the approved master plan as a ‘staged development application’ under Clause 83C of the Environmental Planning & Assessment Act.
State Environmental Planning Policies
State Environmental Planning Policy - Housing for Seniors or People with a Disability 2004
State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies to the seniors living aspects of the proposed development. The purpose of the SEPP is to encourage the provision of housing which meets the needs of seniors and people with a disability. It directly applies to any person over the age of 55 years, people with a disability of any age and their family or carers.
The Policy aims to encourage the provision of housing (including residential care facilities) that will increase the supply and diversity of residences that meet the needs of seniors or people with a disability; make efficient use of existing infrastructure and services; and be of good design.
Whilst approval is not being sought for the seniors accommodation at this point in time, it is noted that several aspects of the subject proposal must be in accordance with the provisions of the SEPP, including footpaths, street lighting, drainage, privacy and solar access. In addition, the provision of service infrastructure shall ensure that the layout and future development is capable of achieving the objectives of the SEPP.
Part 2 Site-related requirements
An assessment of site-related requirements was undertaken under the master plan application and it was determined that the location of the development was appropriate in terms of its access to essential services and facilities. In relation to transport, a bus stop was approved under the master plan on the western side of the main entry road. This bus stop shall be constructed under the subject proposal and is considered appropriate to service the development.
Page (27) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) Part 3 Design requirements
The design principles provided under Part 3 Division 2 of the SEPP for the proposed seniors housing development must be adequately considered in the design of the proposal.
A comprehensive site analysis has been undertaken for the site which identified the site attributes and constraints. The analysis is reflected in the Conservation Management Plan that has been endorsed for the site. An assessment of the development has been undertaken by Council and the Heritage Office with regard to the heritage significance of the site and it is considered that the proposal shall retain, complement and sensitively harmonise with the heritage conservation area and the existing heritage items. Heritage issues are further discussed in Section 79C(1)(b) within this report.
Although no buildings are proposed under the current proposal, the policy contains provisions regarding drainage, privacy and solar access. The proposed development incorporates on-site stormwater detention in order to control and minimise the disturbance and impacts of stormwater runoff on adjoining properties. In addition, the proposed development has considered the visual and acoustic privacy of adjoining neighbours as well as the future residents of the village by the incorporation of landscape screening along the southern and western boundaries. The landscaping (including a 1.8m high fence) shall provide screening and accompanied with ample separation distance, there shall be a suitable level of amenity provided to existing and future residents. Further, the proposed development ensures adequate solar access to the main living areas and substantial areas of private open space of adjoining neighbours as well as future residents. A solar study was prepared by the applicant to ensure the best practicable outcome for solar access is achieved on the site and for adjoining properties. The study demonstrated that adjoining neighbours will be able to achieve 3 hours of direct sunlight between 9am and 3pm in mid winter to the living rooms and to at least 50% of the private open spaces. Furthermore, the SEPP requires the development to ensure adequate solar access for future residents. The provisions under Clause 50 state that an application cannot be refused if a minimum of 70% of the dwellings of the development receive a minimum of 3 hours sunlight between 9am and 3pm in mid winter. Therefore, although one of the two proposed future villa units will receive solar access for a time less than 3 hours, this is still considered satisfactory under the provisions of the SEPP. In the context of the whole development, a minimum of 70% of the dwellings will receive solar access in accordance with the SEPP provisions. The development is residential in nature and is generally compatible with the residential development to the south and west of the site. Drainage, privacy and overshadowing is discussed in further detail in sections 79C(1)(a)(iii) and 79C(1)(b) of this report.
The proposed location of footpaths and street lights for the development are considered practical and safe for pedestrians. Conditions of consent have been recommended to ensure these elements comply the provisions of this policy. Other design provisions contained in the policy concerning accessibility and useability will be assessed under future development applications for building works.
Page (28) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) State Environmental Planning Policy 64 – Advertising & Signage
Four temporary marketing and general information signs are proposed. The signs will provide information to the public about the development. The signs consist of a single three panel sign located on the corner of Tank Street and Morpeth Road and three individual panel signs, two facing Morpeth Road and one facing Tank Street. The signage component of the proposal satisfies the aims and objectives of SEPP64 in respect of its compatibility with the desired amenity and visual character of the heritage conservation area, its effective communication in the location and its appropriateness in terms of design, scale and form for both the building and the streetscape setting.
All other provisions outlined in SEPP64 including positioning of the signs are considered acceptable.
State Environmental Planning Policy 55 – Remediation of Land The purpose of this policy is to provide for a state-wide planning approach to the remediation of land. In particular this policy aims to promote the remediation of contaminated land for the purpose of reducing the risk of harm to human health or other aspects of the environment. The site has been investigated for the potential for contamination with Douglas Partners carrying out a Geotechnical and Contamination Assessment. The assessment found that there is a low risk of gross contamination on the site. A number of possible localised areas of ‘low risk’ contamination were identified including filling associated with the farm dam and playing field, a small building rubble stockpile, fuel storage area, disused effluent trench and a vegetable garden/orchard. However, the report concluded that the potential for contamination is low and if remediation is required, this would be expected to be localised. In order to determine any potential contamination, existing buildings on the site which are to be demolished or re-used will be subject to a hazardous materials audit (with particular attention given to asbestos potential). The application has been conditioned to ensure a hazardous materials audit and further assessment of identified areas of potential contamination is undertaken prior to any works commencing on-site.
State Environmental Planning Policy 44 – Koala Habitat Protection The subject site comprises predominately rural land with several designated areas containing trees within the proposed development areas. A Flora & Fauna Assessment was undertaken for the site which determined the site was not suitable for koalas, therefore the proposal is determined not to have a significant impact upon koala habitat.
State Environmental Planning Policy – Rural Lands (2008) SEPP Rural Lands applies to land within prescribed rural zones and provides considerations which must been undertaken during the subdivision or development of rural lands. The subject site does comprise areas of rural zoned land which aims to preserve the heritage of the site. The proposal will not jeopardise agricultural activities on the subject site or any rural land in the vicinity, therefore it is considered compatible with the SEPP.
Page (29) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition
No draft environmental planning instruments apply to the development.
Section 79C(1)(a)(iii) any development control plan
The following Development Control Plan Chapters are relevant to the Stage 1A application.
Maitland City Wide DCP Chapter – Raworth
This DCP chapter aims to ensure that development occurs in a comprehensive manner and in accordance with sound planning principles, and that new development on land located within the Morpeth Heritage Conservation Area is appropriate for its heritage setting. It seeks to ensure that an adequate visual buffer is maintained to Closebourne, Morpeth House and the Morpeth Township. In addition, the identification, protection and management of areas of Aboriginal heritage in consultation with the National Parks and Wildlife Service and appropriate Aboriginal groups is required. Lastly, it is expected that the aquatic environment in the locality will be protected by the incorporation of water management and erosion controls.
The DCP chapter initiated the establishment of a vegetated buffer to the north of the development known as ‘Morpeth Manor’. The buffer was to preserve the historic setting of the approach to Morpeth from Tank Street. The proposal to remove the existing buffer was considered appropriate under the approved master plan given that the intent of the DCP to maintain key view lines from the significant items was appropriately considered through the recommendations of the CMP. Therefore, the existing proposal incorporates the progressive removal of a section of the vegetated buffer on the southern boundary adjoining two levelled villa pads to allow for the installation of services. A narrower width landscaped area will be re-established immediately after the infrastructure and services have been installed and prior to any construction works for the buildings taking place, in accordance with the approved landscaping strategy under the master plan. The new planting will ensure a suitable level of amenity is still enjoyed by the existing adjoining residents.
Heritage Design Guidelines contained within the DCP chapter stipulate criteria that should be met for the Morpeth Manor subdivision. This includes a provision that ‘side and rear fences may be constructed of either timber palings or colourbond steel sheet… colourbond steel fences should be in a similar colour range, and all components of the framing should be in matching colour with no plain galvanized components exposed due to high reflectivity. Colourbond steel fences are inappropriate to side boundaries which face onto streets or pathways’. All components of the proposed mini-orb fencing on the southern boundary are of a dark earthy colour. In addition, this fencing shall only be placed upon the rear boundary. Therefore meeting the requirements of the DCP chapter. Fencing is discussed in further detail in Section 79C(1)(b) of this report.
Page (30) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) The subject proposal incorporates the removal and thinning of vegetation on the site and demolition of low significance buildings to maintain large areas of cleared land and key view lines, in accordance with the recommendations of the adopted CMP. These works shall appropriately maintain the site’s rural and cultural significance. Importantly, significant areas of the site have been isolated from the impacts of new development and views from the two 19th century houses north towards the Hunter River will be improved.
An Aboriginal Archaeological Assessment was prepared by Myall Coast Archaeological Services which concluded that the proposal does not appear to impact on Aboriginal objects. However, given the historical relationship of Morpeth with the Aboriginal community it is important that this record and understanding is not lost or impacted by the development. A condition of consent has been recommended to ensure that the development incorporates appropriate acknowledgement of the Aboriginal as well as post-European significance of the subject site. The Aboriginal study also recommends that National Parks and Wildlife Service and the Local Aboriginal Land Council be informed if any Aboriginal relics are found. Conditions have been incorporated to this effect.
Major drainage lines within the site have been retained in their natural form where possible and the layout of the development respects the natural topography of the land. Water Sensitive Urban Design (WSUD) measures have been employed to mitigate potential impacts of the new development on hydrology, local flooding and water quality.
The installation of the road entry and infrastructure services including water, sewer, telephone and electricity services shall ensure that the future residential development is capable of achieving the subdivision and design provisions contained in the DCP chapter. The road layout incorporates suitable area for vehicle manoeuvring and footpaths for pedestrian routes to activity nodes.
Heritage, landscaping, infrastructure and water management issues are further discussed in Section 79C(1)(b) within this report.
Maitland City Wide DCP Chapter – Maitland Conservation and Design Guidelines / Morpeth Management Plan
The land is located within the Morpeth Conservation Area and is subject to the design principles of the Maitland Conservation and Design Guidelines. This requires consent to be obtained for specific works and an assessment to be made of the potential impacts of the development on the heritage significance of the conservation area.
The provisions of the DCP state that: The relationship between the town and the rural surrounds should be maintained through the protection of (identified) significant view corridors; Non-rural development on surrounding rural land is not considered appropriate; Views from and to Closebourne House should be retained and emphasised;
Page (31) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) Development should appreciate the special character, features and setting of the area.
Morpeth has a high proportion of surviving commercial and private buildings from its middle to late 19th century establishment and growth phase. The town remains visually a river town and its rural views, low intensity development, distinctive subdivision pattern, landscape and streetscape elements are all notable characteristics. A key factor in the town plan is the location of the church at the top of the ridge, within clear view of Closebourne.
The subject site is located on a ridge of high land alongside the Hunter River, which was granted to EC Close in 1823. The site forms a large part of the rural edge to the Morpeth township and provides views out over the surrounding rural landscapes. It is also a visually prominent site on the approaches to Morpeth from both the south and the west.
Given that the rural expanse surrounding the significant buildings to the north and east of the site are being enhanced through the removal of intrusive buildings and insignificant vegetation, the development will not obstruct streetscape views of Closebourne House and Morpeth House and the rural character of the land and important view corridors will be maintained.
Morpeth Management Plan 2000 The Morpeth Management Plan 2000 is a Council Policy that was prepared to guide the future development for the entire Morpeth village. The overriding principles of the Management Plan establish the preservation, maintenance and enhancement of the village’s assets with a particular focus on heritage issues. The principles of the policy, as they relate to new development in the area were incorporated into the Maitland Conservation and Design Guidelines DCP chapter.
In relation to the subject site, a Conservation Management Plan was developed to provide specific guidance and recommendations for the future development of the subject site. The document underwent a high level of scrutiny and was endorsed by the NSW Heritage Office. It is considered that the CMP contains a range of more specific, robust controls, in addition to the Maitland Conservation & Design Guidelines and represent the overriding policies which relate to the subject site and prevail over the Morpeth Management Plan.
It should be noted however that in general the aims of the Morpeth Management Plan are promoted by the subject proposal, as it ensures the preservation of the rural character of the area.
The proposed development of the subject land is consistent with the principles of Council’s adopted Conservation & Design Guidelines. Further consideration of heritage related issues are provided in S79C(1)(b).
Maitland City Wide DCP Chapter – Car Parking Requirements
The Stage 1A proposal includes construction of the main entry drive into the site, including the reconfiguration of the main entry intersection providing a channelised
Page (32) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) right turn/ auxiliary left turn from Morpeth Road (CHR/AUL) type intersection. The intersection has been suitably designed to minimise traffic conflicts on Morpeth Road. This access point is also considered appropriate in terms of the relationship to the heritage elements of the site. The Traffic Impact Assessment completed for the master plan considered that the operation of this intersection would continue to be at acceptable levels once the site is fully developed.
A car parking area is also proposed to the north east of Morpeth House. The proposal does not involve the erection of any additional structures or change in use for the site, therefore no assessment of car parking numbers is required. The car parking spaces and aisle dimensions are suitable to function efficiently. In addition, the car park is substantially screened by existing trees and located in a slight depression obscuring it from view, having regard to the heritage significant buildings on the site.
All proposed roads, footpaths and the car park for the development are suitably provided with lighting, linemarking and signage to ensure vehicular and pedestrian safety.
Maitland City Wide DCP Chapter – Outdoor Advertising
Four temporary marketing and general information signs are proposed. The signs will provide information to the public about the development. The signs consist of a single three panel sign located on the corner of Tank Street and Morpeth Road and three individual panel signs, two facing Morpeth Road and one facing Tank Street. The proposed signs are considered compatible in terms of location, design and dimension.
Maitland City Wide DCP Chapter – Subdivisions
The subject proposal does not involve the subdivision of any land. It is however considered that the proposal takes future subdivision of the land into consideration by: o Protecting the rural character of the site in accordance with the approved master plan; o Providing appropriate utility services (electricity, water, sewer, telecommunications and drainage) which will eventually connect to future lots in an efficient, coordinated and cost effective manner; o Providing stormwater drainage systems to mitigate the impacts from future stormwater runoff; o Minimising soil erosion and sedimentation by implementing satisfactory control measures; o Provision of a suitable road network and pedestrian footpaths, generally in accordance with Council’s Manual of Engineering Standards, which will adequately service future allotments; o Provision of a bus stop within the site for improved access to public transport services;
Page (33) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) o Suitable protection of the heritage conservation area, significant buildings and potential archaeological relics on the site in accordance with the adopted CMP; o Maintaining maximum fill levels to suitable depths; o Provision of an appropriately sized and located entry feature to identify the site in the future.
It is noted that utility services, stormwater, traffic, heritage and bulk earthworks are discussed in further detail in a later section of this report.
Maitland City Wide DCP Chapter – Residential Design
The subject proposal does not involve the erection of any new buildings on the site. It is however considered that the proposal takes future building works into consideration. A preliminary assessment has been undertaken with regard to bulk earthworks, future building height bulk and scale, landscape design, privacy fencing, visual and acoustic privacy and stormwater management to ensure future compliance with the requirements of the Residential Design chapter is achieveable.
Bulk Earthworks and Retaining Walls Bulk earthworks under the current Stage 1A have been limited to the amount necessary for the installation of infrastructure and services, as well as benching of lots for future building works and subdivision. The earthworks generally include suitable batters, stormwater management and sediment and erosion control measures. Several elements have been considered by the applicant to determine the final benching design, including site topography, the requirements of SEPP ‘Housing for Seniors or People with a Disability’ 2004 and stormwater management.
Site grading of lots (residential and villas) will be undertaken to suit the new road and development layout. The proposed grading provides for approximately 1 metre of cut on the southern end of the link road and approximately 0.5 of fill on the main entry road near the intersection of the loop road for residential lots. The roads are graded to maximum slope of 5% with minimum grading in transitions to 0.5%. Bulk earthworks will enable all lots to slope towards the street at the front of the lots and minimise inter-allotment drainage. Small retaining walls of 200mm are proposed on the rear boundary of the future villa pads to the south. These walls are to be integrated into the fence line, shall provide a clear demarcation line and assist in the prevention of runoff onto adjoining properties.
The extent of fill on the southern boundary is demonstrated in the cross sections provided in the development plans, provided as Appendix 3. For the area behind the two villa pads proposed under the subject application, the fill height is a maximum of approximately 1250mm. It is considered that the level of the fill being placed on the two villa pads to the south of the site is in accordance with Council’s bulk earthworks policy given that the fill height is progressively decreased in height towards the boundary, stormwater will not be redirected or concentrated onto adjoining properties and the cut and fill batter will not exceed a slope of 3:1 (horizontal to vertical ratio). In addition, ample separation distances between the future buildings on the subject site and buildings on adjoining residential sites are provided. The bulk earthworks on the southern boundary will be undertaken in conjunction with fencing and a vegetative
Page (34) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) planting scheme to minimise issues regarding privacy and amenity. Works on the southern boundary are discussed further in this report.
Building Height, Bulk and Scale The future buildings proposed on the two benched villa lots are to be single storey in nature. The applicant has provided to scale cross sections and site plans detailing the works in the vicinity of the southern boundary. The plans show pre-development spot levels and contours of the site. In addition, post-development levels of fill, finished floor levels of future buildings and maximum building heights are provided. These cross sections demonstrate that the proposed level of fill on the site shall ensure that the finished height of the new development is not excessive and will relate well to the existing topography of the land, maintaining the amenity of adjoining properties.
Landscaping and Fencing Landscaping of 4 to 6 metres in width was approved on the southern boundary adjoining existing residential properties. The species selection included in the current proposal for the area behind the two benched villa pads shall provide an adequate level of amenity for adjoining residents. The trees shall allow penetration of sunlight in the winter months of the year. The proposed 1.8 metre solid mini-orb fencing shall provide adequate levels of visual and acoustic privacy, as well as security between the residential zoned properties. Given the nature of the development, the developer proposes to install and meet the cost of the boundary fencing. The fencing shall not have a detrimental impact upon the streetscape given it will not be visible from any significant heritage view points. The fencing selection is discussed further in section 79C(1)(b) of this report.
Views and Visual and Acoustic Privacy Visual privacy shall be achieved through the provision of 1.8m fencing, over 3 metres of landscaping including Pittosporum ‘screenmaster’ planting, tall trees and extensive separation distances. In addition, on lodgement of the building designs for buildings to be erected on the two villa pads (under DA 09-2696 currently being assessed by Council), it shall be ensured that the master plan concept designs for private open space areas adjoining the existing residential lots are complied with, with particular reference to the location of alfresco areas directly adjoining the primary areas of private open space for adjoining properties. These solutions shall minimise overlooking of private open space areas and obscure direct views between properties.
In terms of acoustic privacy, the policy requires that a separation distance of at least 3 metres is provided where no fencing or walls are provided between residential development. The development shall greatly exceed this separation distance requirement. Furthermore, seniors housing development is unlikely to result in acoustic problems, with residents typically wishing to enjoy a quiet environment.
Stormwater Management On-site detention of stormwater has been provided generally in accordance with Council’s Manual of Engineering Standards to ensure the rate of post-development stormwater discharge does not exceed that of pre-development stormwater
Page (35) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) discharge on completion of the future stages on the site. Stormwater is discussed further in section 79C(1)(b) of this report.
Maitland City Wide DCP Chapter – Advertisement/Notification of Development Applications
The application was initially advertised and notified as an integrated development for a period over 30 days in accordance with the Environmental Planning and Assessment Act 1979. This period was extended on three occasions due to the receipt of additional information. During the notification process thirteen (13) submissions were received. It should be noted that several members of the public also lodged five (5) additional objection letters after their original submissions. The submissions raise objections primarily concerning landscape planting along the southern boundary, excavation works, utility services, boundary fencing, privacy and solar access. A number of issues were worked through with the applicant during the assessment process and it is considered that the remaining issues are not sufficient to warrant refusal of the application. The issues raised in the submissions to Council’s formal exhibition of the development application are discussed within Section 79C(1)(d) of this report and further addressed within Appendix 5.
Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph)
There are no relevant regulations prescribed in relation to this proposal.
Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality
The key impacts associated with the proposed development include heritage, landscaping, traffic, drainage and infrastructure & services. These issues are addressed below:
Heritage
The subject site is listed on the NSW State Heritage register (item number 00375) and is protected by a Permanent Conservation Order under the Heritage Act 1977 (PCO 375). The proposal was therefore referred to the NSW Heritage Office seeking its ‘general terms of approval’. The site is within the Morpeth Heritage Conservation Area as identified in the Maitland LEP 1993 and is occupied by significant items Closebourne House built in 1827 and Morpeth House built in 1849.
The site is a key site in the history of the Hunter valley and is crucial to the identity of Morpeth. The principal buildings on the site are very fine examples of their period. They retain a significant amount of original fabric and high integrity. The present under-utilisation of the site, including its structures, landscape and spaces, poses a real and present threat to the conservation of those values which give it significance as well as to the significance and identity of Morpeth.
Page (36) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.)
The Conservation Management Plan (CMP) developed by Design 5 Architects lists all Heritage elements, including built form, landscape, setting, views or otherwise as well as setting down general principals and guidelines for any development of the property that might occur under the new zoning regime for the site. Maitland City Council, the NSW Heritage Office and proponents for the development of the aged care facility on the St Johns Ministry site have gone to considerable lengths to ensure the responsible management of the site, which is detailed in the recommendations of the CMP. The NSW Heritage Office endorsed the CMP in 2005.
Furthermore, the owner of the site has signed a Heritage Agreement with the NSW Heritage Branch to ensure the retention and conservation of the significant values of the site into the future, in accordance with the master plan consent.
Archaeological Heritage Aboriginal Archaeology The Aboriginal Archaeological Assessment prepared by Myall Coast Archaeological Services concluded that there were no places or relics of aboriginal archaeological importance located on the subject site, therefore the report indicates that there will be no impact on aboriginal places, objects or culture from the proposed development of the subject site. The report included a copy of correspondence received from the Mindaribba Local Aboriginal Land Council (LALC) in which the LALC agreed with the recommendations of the report and had no objections to the development proceeding. Given the historical relationship of Morpeth with the Aboriginal community it is important that this record and understanding is not lost or impacted by the development. A condition has been included to ensure that there be tangible acknowledgment and interpretation of Aboriginal contributions to the area pre and post European contact. The Aboriginal Study also recommends that Department of Environment & Conservation and the Local Aboriginal Land Council be informed if any Aboriginal relics are found. A condition has been incorporated to this effect in the recommendations.
Historical Archaeology The Conservation Management Plan endorsed by the Heritage Council states that those sites (known and potential) which are considered most significant, generally are located in areas identified to remain open space, without development. The only sites at risk of disturbance are located in the Morpeth House area and in the north- west of the site. The Heritage Office has imposed a condition stating that removal of relics of state significance is not approved and that proposed individual dwellings in sensitive locations may need design changes or even deletion, if required to avoid removal of archaeological relics of state significance. It is considered that imposition of this condition will mitigate any impact on archaeological relics.
Page (37) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) Built Heritage Demolition A number of buildings are proposed to be demolished on the subject site under the subject application. The structures that have been identified for demolition have moderate, little, neutral or intrusive significance and were nominated for demolition within both the adopted Conservation Management Plan and approved master plan for the site. The following structures are to be demolished (as detailed on drawing no: 08S169C-D04 in Appendix 2): • Garage – principals residence; • Vehicle shed; • Workshop/store (Nissan Hut); • Vice Principals Residence; • Davies & Storrs Residences; • Burgmann House Laundry; • Morpeth Road Cottages; • Store Ruin.
Key view lines from Morpeth House to the north and east will be restored with the removal of these buildings. Council’s Heritage Officer and the NSW Heritage Office raised no objection to the demolition of these elements.
Civil, Road and Drainage Works The proposed civil works have been sited and designed in accordance with the approved master plan and retain and respect the significant elements and attributes of the site.
The existing dams at Tank Street and in the northwest corner of the site are to be retained and no new works are proposed at this time. Several new roads in the development will be generally formed with grass swales and verges rather than concrete kerbs and gutters to reduce the impact of the roads on the rural setting. The swales will follow the natural contours and drainage lines of the site. These works are temporary until new ponds are built in later stages and shall have minimal impact on the rural setting of the site. Potential archaeological sites at the northwest dam and culvert will not be disturbed. An advice has been included in the draft consent conditions to ensure the transition from the swale verge treatment of the main entry road to the ring road kerb and guttering is carefully designed. The car park located to the northeast of Morpeth House will be substantially screened from Morpeth House by existing trees. The car park is also located in a slight depression obscuring it from view.
The 1926 driveway alignment will be removed from its existing location. This is considered an acceptable impact as it will be replaced with the more significant 1840s alignment, which focuses on Morpeth House itself. The layout of the development allows retention and conservation of the significant buildings, spaces and landscape elements, and maintains the rural setting of the key built elements and the significant views from Morpeth House and Closebourne House.
Page (38) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) Entry, Signage and Street Lighting It is intended that the Bishop Batty memorial gates will be retained and relocated to a new position, further south along the main entry road and close to the entrance to the ring road to the new residential development area. Thus the gates should still retain their historical associations with the entry drive. A new entry statement is proposed at the entrance to the Morpeth House precinct from Morpeth Road. The stone and concrete wing walls located either side of the main entry incorporates signage. The signage is simple and contemporary in design. The design of the new entry gateway is restrained and respects the significance and rural character of the site.
Temporary signage is also incorporated into the proposal. The location of these signs does not obscure views to and from Closebourne House and is temporary in nature, to be removed on completion of the development. The signage is of a size, location and design suitable for the site and conservation area.
Street lighting is proposed along the internal roads. The light fittings are of simple contemporary design, directed downwards so that there is limited light spill, minimising the impact on the rural landscape.
Landscape Heritage Curtilage and Setting A major impact of a development of this nature is likely to be that of impact on the setting and curtilage of Morpeth House and Closebourne House. The subject site has been subdivided in the past for a residential development (Morpeth Manor estate) to the south of the current boundary by the previous owners (Church). The adopted CMP established curtilage lines which determined the extent to which the site can be developed whilst still preserving a rural character, view-lines and minimising impact on listed heritage items.
Tree Removal and Planting Key view lines from Morpeth House to the north and east will be restored with the removal of the substantial avenue of trees along the existing entry drive. In accordance with the master plan, the trees that were planted by ex-servicemen and community groups along the entry road in the 1970’s will be retained where possible on the western side of the drive where they do not intrude on the views of Morpeth House or re-planted in another suitable location.
A large Queensland Kauri Pine (graded 1 – exceptional significance under the CMP) located adjacent to the new link road to the north-east of Morpeth House is to be retained. A condition has been included in the draft consent to ensure an arborist is engaged to assess the potential impact of the proposed road and civil works on the root system of the tree and provide a strategy for its conservation prior to works being carried out and the monitoring of its condition after works have been undertaken. This shall ensure the long term health and survival of the significant tree.
Page (39) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) The only (grade 2 - high significance under the CMP) trees to be removed at this stage are those located where bulk earthworks are to be carried out for the formation of new access roads and benching of sites for new residential units and installation of services. These trees are primarily located in the Morpeth Road west paddock, northwest of the roundabout. A substantial group of these trees will be retained as the Red Gum Forest Reserve as approved under the master plan. The existing jacarandas to the east of the tennis court will remain. Some trees will also be retained along the Morpeth Road frontage west of the main entry.
A large number of the tall pines south of Morpeth House have died and/or fallen in recent years. Some of the remaining trees are in very poor condition and require removal. This will have some impact on the overall setting of the house and as part of the ongoing development of the site new trees will be planted in their place. This detail is to be included in the staged development application for the redevelopment of Morpeth House.
Amendments were made to the proposal reducing the number of plantings along the Tank Street frontage and changing the species selection to Jacaranda’s in order to maintain the significance of the Brush Box Avenue and views from the St James Church.
Footpaths and Fencing
A new stabilised gravel footpath is to be provided along Morpeth Road, equivalent to the length of the property boundary frontage. The existing stone kerb is to be lifted to so that a new kerb ramp may be formed for the pedestrian crossing. The original stone blocks will be reinstated as part of the new kerb, rather than being replaced with new. The internal footpaths are proposed of an earthy toned broom finish concrete which harmonises with the character of the site.
The boundary along Morpeth Road and Tank Street will be defined with a rural split post and rail fence. The fence maintains the rural character of the site. It is also proposed to line the southern and western boundaries of the site with a single continuous mini-orb fence between the villa lots and adjoining existing residential development. The fencing material and colour ensures the fence is visually recessive. From the Morpeth cemetery precinct the views of this fencing are obscured by the existing Morpeth Manor development. Similarly, from Metford Road looking north, the proposed fencing will sit behind the Morpeth Manor Estate. Therefore the fencing will not obstruct significant views and vistas. Fencing is discussed further in the landscaping section of this report.
Other issues Heritage Agreement The NSW Heritage Act 1977 makes provision for the owners of properties listed on the State Heritage Register to enter into a ‘Heritage Agreement’ with the NSW Heritage Office concerning the restoration and ongoing maintenance of all retained heritage buildings and contains provisions regarding the funding arrangements for these works. The owner of the site has entered into a Heritage Agreement with the NSW Heritage Council to ensure that:
Page (40) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) Restoration works to Closebourne House and Morpeth House linked with early stages of the proposed development are carried out in accordance with the objectives of the endorsed CMP; Continued maintenance of Closebourne House and Morpeth House is undertaken in perpetuity.
Interpretation Given the substantial nature of the proposed development, it is considered that the applicant should be required to prepare and implement an interpretation plan to ensure the significance of the subject site is understood by the community. This plan should incorporate acknowledgement of the Aboriginal as well as post-European significance of the subject site. A condition has been included to this effect.
Conclusions The proposal is generally consistent with the requirements of Maitland City Council and the NSW Heritage Office. It is also considered that the proposal is in accordance with the policies of the endorsed CMP and the approved master plan. The Heritage Office has recommended approval of the application subject to General Terms of Approval. In addition, Council’s Heritage Officer has also recommended approval of the development subject to conditions of consent.
Flora and Fauna
The proposed works under Stage 1A are primarily confined to the open paddock areas of the site. However, it is proposed to remove or thin several stands of less significant trees on the site in order to enhance historically significant views throughout the property in accordance with the adopted CMP and master plan for the site. Where possible, trees on the western side of the entry road will be retained if unaffected by construction works until the new planting has established. Likewise some trees (including an area adjoining the southern boundary) will need to be removed due to infrastructure servicing and bulk earthworks requirements and supplementary screen planting will be installed (as discussed in detail in the below section of this report).
A flora & fauna assessment for the proposal was undertaken by Harper Somers O’Sullivan Pty Ltd in October 2008 for the approved master plan. The report determined the likelihood of the proposed development having significant effects on any threatened species, populations or ecological communities listed within the Threatened Species Conservation Act, 1995. The assessment detailed that the tree removal nominated in the subject proposal (as identified on the tree removal plan provided within Attachment 2 to this report) is unlikely to have any significant impact upon populations of any known or potentially occurring threatened species or communities on the site. The report also considered it unlikely that the proposal would have a significant impact upon a local population such that local extinctions would occur or that the development would significantly affect populations or habitat availability for any listed migratory species, nor upset migratory patterns.
A Seven Part Test was also undertaken for the site in accordance with Section 5A of the Environmental Planning & Assessment Act 1979 under the master plan application. The Seven Part Test indicated that it is unlikely that any significant
Page (41) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) impacts would occur to populations of any known or potentially occurring threatened species, provided that recommendations provided within the report were enacted. These recommendations required that native species should be included in the landscaping. Eucalyptus glaucina species, the retention of Eucalyptus tereticornis species on the site where possible and included in the landscape planting given they are a food source for swift parrots. The recommendation also suggested the retention of mature trees bearing hollows where possible and the provision of artificial nest boxes and the presence of an ecologist on site during the removal of any hollow bearing trees on the site. These recommendations have generally been incorporated into the subject stage 1A proposal. In addition, a condition of consent has been recommended to ensure that the development is undertaken generally in accordance with these recommendations.
Landscaping
The landscape character of the site will be largely defined by the surrounding rural setting.
Landscaping in this application includes the following elements:
• The main entry statement; • Tree planting along the main entry drive; • Tree planting along the Tank Street boundary; • Fencing along the Morpeth Road and Tank Street boundaries; • Construction of a crushed sandstone/gravel footpath along the Morpeth Road frontage; • Construction of a broom finished concrete footpath along internal roads; • Turfing of nature strips and swales; • Bollard style lighting for internal footpaths; and • Shrub planting around proposed Morpeth House carpark.
Landscaping plans are included within Appendix 2.
It is proposed to remove the existing trees and scattered shrubs along the current entry road and replace them with native evergreen canopy trees that maintain views from Morpeth House down to the river and from the entry road across to Closebourne House.
In addition, the existing entry gates will be relocated further back into the property along the entry road which will be realigned to more closely reflect the original alignment of the entry road into Morpeth House. The carriageway is proposed to be constructed of asphaltic concrete with the entry also marked with stone pavement threshold which will replace the existing steel entry grid. The carriageways will be separated by a grassy median with crossfall off the edges with no kerbs or gutters. The batters at the top of the entry road at the new roundabout will be temporarily turfed and will be landscaped and form an integral part of the overall design for the redevelopment of Morpeth House. A 1.5 metre wide all weather concrete footpath will be constructed on the western side of the entry road which will provide pedestrian access into the site.
Page (42) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.)
The main entry to Morpeth House from Morpeth Road will be marked by new sandstone and concrete entry feature walls and low mass planting comprising a combination of exotic and native species. The walls will be located back from the property boundary with diagonal splays either side. The entrance to the property will be marked with four Moreton Bay Figs, Ficus macrophylla, and an avenue of Port Jackson Figs, Ficus Rubiginosa continuing up the drive towards the roundabout. The planting of these trees will be informally staggered along the eastern side of the entry road to open up views of Closebourne House when driving up the main entrance, and also reinstate views from Morpeth House towards the river.
The boundary along Morpeth Road and Tank Street will be defined with a rural split post and rail fence, with a crushed sandstone path along Morpeth Road. Both the fence and footpath will be setback into the property to give good separation between the pedestrian footpath and the road carriageway. Part of the fence at Tank Street will be disconnected and stepped back to allow pedestrian access into the front paddock.
Several jacaranda trees, Jacaranda mimosaefolia, will be planted along the Tank Street boundary behind the post and rail fence. The location of these trees maintains the significant view corridors from the High Street intersection and St James Church. The plantings are also located a suitable distance from the Brush Box Avenue in order to preserve the integrity of views from Tank Street to the avenue on the ridge line.
Council’s ‘Greening Plan’ recommends plant species that are suitable for planting in the area and it is considered that the landscape concept plan is generally in accordance with the recommendations of the Greening Plan.
Southern Boundary Line Landscaping Scheme
Under the master plan application (DA 08-2335), a landscaped edge and fence line for tree planting along the southern and western boundaries was approved in concept to provide screen planting to the adjacent residential development. It was proposed that the existing tree planting within a buffer zone from the boundary would be sequentially removed and a new 1.8m high fence installed along the boundary. Following the installation of the fence and services new tree planting (as detailed in the cross sections shown below) were to be installed in a four to six metre wide zone (for the southern boundary) along the fence line prior to the commencement of construction works for buildings. The following plan excerpts are of approved concepts under the master plan DA 08-2335 which relate to the southern boundary, in addition to the cross section proposed under the subject application:
Page (43) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.)
Figure 1 - Average section of garden for north facing villa as approved under the master plan
Figure 2 - Average section of garden for south facing villa as approved under the master plan
Figure 3 – Cross section of area relating to two villa pads on the southern boundary for the subject proposal (refer to appendix 2 for full plan)
Page (44) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.)
Note: These images are for soley the purpose of graphically describing the removal of existing boundary line plants within 3-4 meter of the property boundary and their replacement with new screening plants prior to the removal of remaining trees during the actual construction of the adjacent stage (see Staging Plan). They are therefore not meant to represent the final fence and landscape screening designs that will be finalised in a later DA.
Figure 4 – Landscape margins for vegetation removal on southern boundary
It was also approved under the master plan that the removal of existing screening vegetation along the southern boundary would be undertaken in stages to enable progressive establishment of the new landscaping. The applicant has advised that each stage of the development equates to approximately 1 years worth of development. The removal of vegetation on the southern boundary under the subject application is necessary in order to carry out infrastructure placement and benching for two retirement village pads. The only plants that will be removed initially are those required to allow for lot benching and equipment access for utility trenching and placement. The new planting provides vegetative screening using a variety of shrubs and trees with an emphasis on native species.
The area between the southern boundary line and edge of the two building pads to the south of the site will be fenced off for the entire length of the adjoining properties boundary and replanted in the area of tree removal (which will be undertaken immediately after site benching and prior to full home construction). It should be noted that the permanent fencing can only go in once the clearing and benching is completed (prior to that a construction fence will be in place). The landscaping strategy is in accordance with the master plan consent. This strategy allows for landscape planting to be established prior to construction works for the buildings taking place.
It is also proposed to line the southern and western boundaries of the site with a single continuous mini-orb fence between the villa lots and adjoining residential development. The master plan approved a 1.8 metre fence for the southern and western boundaries adjoining residential properties, however, a condition of consent was included under the master plan (condition number 7) which stated that the specific details of this site fencing (including material) should be submitted in conjunction with the landscaping plan for each stage of the development.
Page (45) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) The fencing will be erected in stages in conjunction with development that occurs along the boundary. The applicant proposed the fencing type for reasons of enhanced security, safety and privacy. In addition, the fencing will be maintained as a common element on the site and thus its maintenance and eventual replacement is paid for through fees charged to the senior residents by village management. The applicant therefore seeks a high quality, low maintenance and long lasting fencing type to keep the fees as low as possible for seniors who reside in the village.
The primary concerns regarding the fencing type are related to heritage conservation, namely direct visual impact to significant precincts/buildings on the site and important view lines as outlines in the CMP. The smaller mini-orb profile and colour of dark dusty brown is visually recessive and will integrate with other architectural design elements of the project such as street lighting, street furniture roofing materials and architectural details on buildings. From the Morpeth cemetery precinct the views of the boundary fencing are obscured by the existing Morpeth Manor development. Similarly, from Metford Road looking north, the proposed fencing will sit behind the Morpeth Manor Estate. The fencing will also sit behind seniors villas and will not be visible from Morpeth House on the completion of the development. The CMP and Heritage Impact Statement for the site did not raise any concerns regarding the use of mini-orb fencing in this location on the site. Further, the NSW Heritage Council issued general terms of approval for the site and did not indicate concerns with the proposed fencing material.
Figure 5 – Looking north west onto Morpeth Manor from Metford Road
It is therefore concluded that the mini-orb fencing will have minimal impact on any of the site’s significant heritage values. It should be noted that in further stages of development within the site, Council will be reviewing fencing in all areas to ensure that no mini-orb fencing is visible from significant heritage precincts/buildings on the site, including Morpeth House.
Page (46) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.)
Combined with the fencing, the planting scheme provides separation and maintains an adequate level of amenity for the adjoining residents from the new development. In accordance with the requirements of the Dividing Fences Act 1991, new fencing shall be coordinated in consultation with the adjacent land owners.
Traffic
This stage of the development relates to civil, landscaping and utility connections, therefore no significant increase in traffic is anticipated at this point in time. All vehicle movements to and from the site will be via the existing site access and egress points with the majority of traffic using the main site entrance located on Morpeth Road. Construction traffic will access the site outside of peak hours to minimise any impacts on local traffic movements.
The Stage 1A proposal includes construction of the main entry drive into the site, including the reconfiguration of the main entry intersection providing a channelised right turn/ auxiliary left turn from Morpeth Road (CHR/AUL) type intersection. This access point is considered appropriate in terms of the relationship to the heritage elements of the site. The Traffic Impact Assessment completed for the master plan considered that the operation of this intersection would continue to be at acceptable levels of service once the site is fully developed.
The intersection upgrading works required for Morpeth Road will necessitate an increase in pavement width on the southern side of the existing road. The implications of these works are that it will involve the removal of approximately 15 trees that have some association with war veterans. A condition of consent has been recommended to ensure these trees are replaced to a standard suitable to Maitland City Council through negotiations with the appropriate persons (Maitland RSL). The removal of these trees was considered necessary in order to ensure that the road works did not compromise the fig trees located on the northern side of Morpeth Road on ‘Fig Tree Hill’. It should be noted that some minor trimming of branches on the fig trees may still be required.
The proposed main entry road incorporates a grassed median with swales on either side of the road to collect and disperse stormwater runoff. A concrete footpath will be located on the western side to provide a pedestrian connection from Morpeth Road to Morpeth House. The internal private residential road will comprise a flush concrete kerb on one side and concrete kerb and gutter on the other. The residential roads will contain a concrete footpath on one side of the road pavement with a nature strip between the road and path for landscaping and planting. The retirement village road will include concrete kerb and gutter on the lower side and flush kerb on the upper. There will be a concrete path on one side with a nature strip for landscaping. Also included in the Stage 1A application is the construction of the Morpeth House car park, which is in accordance with the provisions of the master plan. All roads within the development are proposed as private roads.
It is proposed to locate a new bus stop within the site for the use of residents which will be serviced by Hunter Valley Buses. Modelling of internal roads and access
Page (47) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) including a turning path analysis has demonstrated that that large vehicles (including buses, garbage trucks and emergency vehicles) can adequately access the site.
To enable the safe crossing of pedestrians from the site to Morpeth, a zebra type crossing is proposed across Tank Street near the intersection of Morpeth Road and Tank Street. The provision of a pedestrian crossing at this location will enhance pedestrian safety as well as aid in reducing traffic speeds approaching the intersection.
The site is currently open, grassed and contains a number of tracks conductive to pedestrian movement through the site. Hard surface pedestrian footpaths are proposed within the development on one side of all roadways to the key internal buildings, the residential entry on Morpeth Road and the north eastern corner of the site to link the Swan Street commercial precinct. In addition, a compacted gravel footpath is proposed along the Morpeth Road frontage. Council took into account the requirements of the Disability Discrimination Act 1992 in the assessment of the footpath along Morpeth Road, in addition to the advice of the NSW Heritage Office. It is considered that the provision of a gravel footpath is the most suitable means of providing a pedestrian link along Morpeth Road whilst still maintaining the rural aspects and heritage significance of the site. The locations of these footpaths are in accordance with the approved master plan and are considered appropriate in providing connection points for residents.
Drainage/Water Quality
All of the residential area including the main entry road will drain via swales into an existing dam in the north-west corner. The seniors village lots to the south will also drain initially via piped drainage in the developed area and then via temporary swales into the existing dam located on the eastern boundary near Tank Street. Plans detailing flow paths in Stage 1A are shown in Appendix 2. Stage 1A proposes no works to the existing dams. The existing dams coupled with the proposed swales are adequate to mitigate the small increase in post development flows and volumes proposed under the subject application.
The provision of on-site detention shall ensure peak stormwater flows do not exceed existing rates and that no additional adverse affects from stormwater discharge will occur from the development works. In addition, there is currently no stormwater management system in place to control stormwater flows from the southern half of the site. The proposed development will capture most of the stormwater runoff (including all stormwater from pervious areas such as roofs and roads), directing it to both the street system and the on-site stormwater controls prior to discharge to the east towards Tank Street. Therefore the development will eliminate most of the flows across the southern boundary. Stormwater runoff from the landscaped area behind the properties (of between 4 to 6 metres) on the southern boundary will be collected and conveyed by a pipe along the southern boundary. Subsoil drainage will be provided in conjunction with the stormwater system. The proposed stormwater controls are generally in accordance with the provisions of Council’s Manual of Engineering Standards.
Page (48) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) Erosion and sediment control measures have been incorporated into the proposal, which include sediment fences, mesh and gravel inlet filters and geotextile inlet filters. In addition, topsoil and earth stockpiles will be located away from trees and drainage lines to minimise any negative impacts. Conditions of consent have also been recommended to ensure the provision of adequate sediment and erosion control structures. These measures shall minimise any impacts of erosion from the proposed works.
Infrastructure and Services
Water Hunter Water Corporation has advised that the existing water supply has sufficient capacity to cater for the proposed development. An extension of a new 200mm diameter water main will be required from Raworth Avenue via Lantry Close and pedestrian access way. For the subject proposal, the internal reticulation system begins at the western boundary (Lantry Close access way) and reticulates around the proposed future road network which requires bulk earthworks preparation for the utility services to be installed.
A separate fire main will run parallel to the potable water main with standing pipe hydrants throughout the development to meet the Australian Standard and NSW Fire Brigade requirements.
The house located on the western boundary of the site (near the eastern end of Lantry Close) which is connected to the water supply within the site will be reconnected to the proposed water main extension from Raworth Avenue.
Sewage Hunter Water has previously advised that there is sufficient capacity in the system to service the development. Concept plans have been provided for sewage on the site. Sewage will be disposed of to either Maitland No 9 pump station or via Maitland No 24. Dwellings in Lantry Close currently connected to sewer through the site will be rerouted to a new gravity main. The main will run parallel with the western boundary inside the subject site to connect to the existing Hunter Water Corporation manhole located to the southwest of the site, which shall prevent any disturbance to the adjoining properties.
Hunter Water Corporation are the approval body for these works. The applicant has advised that discussions are ongoing regarding provision of sewer infrastructure. The requirement to gain a Section 50 Certificate from Hunter Water Corporation prior to the construction of any dwellings in the subsequent stages will ensure appropriate services are made available on the site.
Electricity The sites electrical services will be supplied from the Energy Australia High Voltage network aerial based cabling system reticulated along Morpeth Road. The subject proposal consists of electrical and communications underground infrastructure incorporating low voltage cabling serving the areas within the staging plan. No aerial cabling will be visible in the finished development except the temporary aerials currently on the site. These will be removed as the development proceeds further
Page (49) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) with other stages being constructed. Two Kiosk Pad Mount substations will be installed to serve the development with Kiosk 1 dedicated to the northern residential area and Kiosk 2 dedicated to the seniors living areas. The areas selected for both substations will be concealed from general view limiting the visual impact while allowing access to the substations by the supply authority. As with standard residential areas connection to the various buildings on the site will be via electrical termination turrets commonly seen through suburbs utilising underground supply cabling.
The house located on the western boundary of the site (near the eastern end of Lantry Close) which is connected to the electricity supply within the site will be reconnected to the proposed underground extension from Raworth Avenue.
Street lighting will also be provided to the roads and car parking area on the site in accordance with the Australian Standard and State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.
Telecommunications Telstra will be supplying the site with a combination of copper and fibre optic cabling infrastructure which will provide telephone, internet and TV services throughout. All communications cabling will be installed through underground conduits.
Gas Currently there are no reticulated gas supply services to or on the site. Jemena Gas Networks (NSW) has advised that gas is available in Canterbury Drive, Morpeth approximately 800 metres south west of the site. Jenema Gas Networks (NSW) has indicated to the applicant that they will bring gas supply to the western site boundary of the site via Raworth Avenue, Lantry Close and the access way from Lantry Close to the site. Reticulation routes for gas will share trenches will telecommunications and electricity supply routes. Gas reticulation pipes will be laid in readiness for completion of the feeder system from the access way located at the end of Lantry Close.
Section 79C(1)(c) the suitability of the site for the development
An extensive heritage assessment of the site has been undertaken to ensure its suitability for the development. A Conservation Management Plan (CMP) was completed in and endorsed by the NSW Heritage Office in 2005. The CMP established the parameters within which any future development on the site would have to take place. The most prominent outcome of the CMP process was the establishment of curtilage lines which determined the extent to which the site can be developed whilst still preserving a rural character, view-lines and minimising impact on listed heritage items spaces and views.
An LEP amendment was then approved in 2008 to rezone the site to accommodate the proposed development which reflected the heritage parameters established by the CMP. On 14 July 2009 Council also approved a conceptual master plan for the site which sufficiently demonstrated that there will not be an unacceptable burden on
Page (50) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) existing infrastructure and services within the area, in addition to ensuring that adequate transport, medical, commercial, support, recreation and community facilities were available to the residents.
The rezoning, CMP and master plan have created a suitable basis for the progression of the development on the site. Extensive research has been undertaken concluding that the site is suitable for the proposed development.
Section 79C(1)(d) any submissions made in accordance with this act or the regulations
Public Submissions The development application and accompanying information were initially placed on public exhibition for a period of 30 days from 27 July 2009 to 10 August 2009. This period was extended on three occasions due to the receipt of additional information. As a result of the notification process, a total of thirteen (13) submissions were received. It should be noted that several members of the public also lodged five (5) additional objection letters in addition to their original submissions.
The main issues raised in the submissions primarily concern landscape planting along the southern boundary, excavation works (fill levels), utility services, boundary fencing, privacy and solar access. The main issues are briefly addressed below. A complete summary of all the issues raised is addressed in Appendix 5 and a copy of the submissions is provided in Appendix 6.
A number of issues were worked through with the applicant during the assessment process. It is considered that the remaining issues are not sufficient to restrict the reasonable development potential of the site as approved under the master plan.
1. Landscape buffer along the southern boundary Several submissions sought retention of the existing landscape buffer along the southern and western boundaries of the site. Planner's Comment
A landscaping scheme was approved under the master plan application for both the southern and western boundaries to ensure the residents of adjoining properties maintain a suitable level of amenity. Typical cross sections and landscaping plans have been provided within Appendix 2 demonstrating that this landscaped area has been incorporated into the subject proposal for the area behind the two proposed villa pads on the southern boundary.
The landscaping along these boundaries will be undertaken early in the development process to ensure that some screening is provided before the erection and occupation of any new buildings in these areas. Trees of approximately 2.5 metres in height and Pittosporum screen master planting will be planted within the area adjoining the southern boundary immediately after the installation of utility services and completion of earthworks within 3 to 4 metres of the boundary. This approach is in accordance with the master plan and facilitates the establishment of planting prior
Page (51) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) to any building construction works taking place. Furthermore, only portions of the boundary will be developed at any given time, which shall allow for the staged removal and replanting of vegetation along the boundary line, minimising impacts on adjoining neighbours. Under the existing proposal 3 trees to the rear of each villa unit (therefore a total of 6) will be re-planted.
It should be noted that the existing trees planted along this boundary which are proposed for removal were planted less then a decade ago, have no heritage value and were placed there for the benefit of the subject site to screen views from Closebourne and Morpeth House to the Morpeth Manor subdivision. Throughout the assessment process it has been established that views from Closebourne and Morpeth House will not be significantly impacted by the removal of this vegetation.
2. Utility services A number of submissions raised concerns regarding connection to utility services. It was suggested that removing the sewage lines from the existing property boundaries and placing them on one of the access roads would result in the proposed villas being built up to a significant height to enable drainage back to the road, compromising privacy of adjoining owners. Several submissions also raised the concern that stormwater drainage was insufficient, causing stormwater to run onto neighbouring properties. Planner's Comment
Placing the sewer lines on the southern boundary of the development would have no significant impact on the level of excavation to be undertaken to the southern area of the site. Several elements have been considered by the applicant to determine the height of the villa pads to the south of the site, which include site topography, the requirements of State Environmental Planning Policy ‘Housing for Seniors or People with a Disability’ and stormwater management. This issue is discussed in detail under the ‘privacy’ heading below. It should be noted that the proponent re-located the sewer lines from the property boundaries and into the location of the internal access roads to minimise impacts upon adjoining neighbours. In order to proceed with the development the developer will be required to lodge an application for a Section 50 Compliance Certificate with Hunter Water (including a final design) for sewer services. The location of the sewer line will be a consideration of the Hunter Water Corporation through the Section 50 process.
Currently there is no stormwater management system in place to control stormwater flows from the southern half of the site, hence the existing catchment surface flows onto the adjoining properties to the south. The proposed development will capture most of the stormwater runoff (including all stormwater from impervious areas such as roofs and roads), directing it to both the street system and the on-site stormwater controls prior to discharge to the east towards Tank Street. Therefore the development will eliminate most of the flows across the southern boundary. Stormwater runoff from the landscaped area behind the properties (of between 4 to 6 metres) on the southern boundary will be collected and conveyed by a pipe along the southern boundary. Subsoil drainage will be provided in conjunction with the stormwater system. The proposed stormwater controls are generally in accordance
Page (52) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) with the provisions of Council’s Manual of Engineering Standards and will prevent concentrated discharge from entering adjoining properties.
3. Boundary Fencing Several objections were received in relation to the fencing proposal of mini orb colourbond (brown/charcoal in colour) on the southern and western boundaries. Several residents expressed a preference for timber paling construction. They considered metal fencing to be untenable and raised issues of radiant heat and change in ventilation pattern produced by metal fencing which would adversely impact their existing vegetation. The residents also raised concerns that the metal fencing was not in accordance with heritage restrictions in the area. Planner's Comment
The choice of 1.8m mini-orb fencing is consistent with the heritage values outlined in the CMP, is not prohibited under Council regulation and is widely used throughout the Local Government Area. A condition of the master plan consent (condition number 7) stated that details of the site fencing were to be submitted to Council for approval in conjunction with the landscape plan for each stage of the development. The mini-orb fencing on the boundaries adjoining the residential land to the south and west was proposed by the applicant because its smaller pattern and dark earthy colour is visually recessive and will last substantially longer and remain in better visual condition than a timber fence. The Dividing Fences Act provides for fences which may be installed on a property boundary, however, the proponent must work with each property owner to resolve issues related to existing boundary line fences. The building of the fence will be undertaken in a coordinated manor adjacent to earth works occurring along the boundary line. The proponent will offer to each property owner along the boundary where earth works occur on the boundary (in the stage in which they occur) to have their entire shared boundary (shared with the subject site) fenced whether or not the earth works effect their entire boundary. This is so they can have a consistent fence line along their boundary. This proposal is however subject to further earth works under subsequent stages, therefore the temporary removal of the fencing is required to allow these additional works to occur. This is unlikely to occur more than once on any given property and will be done in coordination with all adjoining property owners. This consultation would extend to coordinating to ensure that animals are safely contained.
4. Privacy and Excavation Works A number of submissions raised concerns regarding the height and slope of fill from the villa pads to their property boundaries to the south of the site. The submissions largely concern the invasion of privacy once the buildings are erected on the levelled pads. Planner's Comment
A 1.8m high solid fence and vegetative planting scheme of between 4 and 6 metres has been proposed along the southern boundary of the site adjoining residential properties to minimise issues regarding privacy and amenity. Under the existing application, the dwelling on the neighbouring property to the rear of the two benched
Page (53) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) lots is located over 8 metres from the boundary, with the attached garage for the dwelling being 3 metres from the boundary. This provides a separation distance of over 12 metres between the dwelling on this site and any future building on the subject site (with a separation distance of over 7 metres between the garage of the neighbouring property and any future building on the subject site). This separation distance is greater than that provided between most residential zoned properties across the Local Government Area.
Several elements have been considered by the applicant to determine the final benching design, including site topography, the requirements of SEPP Seniors Living and stormwater management. SEPP seniors living requires all seniors villas (continually from their front door) to be connected by a pathway of no more than 5% grade to all village amenities and open space. The grade of the southern hill side (and most everywhere else on the site is over this statutory limit). This has required that the overall slope be slightly ‘flattened’ in many areas to achieve such access requirements. This has been achieved in two ways. 1) running the roads horizontal to the hill’s slope allowing for most roads to have grades of less than 5% and 2) cutting and filling of the site creating ‘tables’ of land with no more than a 5% grade from top to bottom so that the villas connected to the roads have foot path connections from the road to their front doors of less than 5%.
In order to keep fill at the boundary as low as possible cuts have been made up slope (towards the centre of the site which create one of these tables). Fill closer to the boundary is intended to be kept at the most minimal levels possible (which is a maximum of approximately 1250mm for the two villa pads proposed under the subject application) and then battered down towards the boundary over several metres. Specific designs for later stages have not been completed but a similar strategy will be employed to minimise the need for fill or retaining, which has been demonstrated in a comprehensive privacy study undertaken by the applicant and provided as Appendix 3.
The second element driving the grading result is stormwater management. Nearly half the site’s southern boundary (starting in the south western corner) runs along the same topographic level making the site’s southern boundary effectively flat from a stormwater flow perspective. Draining storm water from this quadrant of the site requires the creation of minimum grades to allow for flow of storm water from this corner towards the east and eventually to the stormwater detention ponds and ‘tank’ along Tank Street. To address the 100 year storm events as well as general rain events this flow also occurs on the road surfaces. This required that the roads have a minimum 1% grade or tilt from the existing flat east west grades. These tilts to create road flow were kept to the absolute minimum so that any fill required was also kept to a minimum along the southern boundary.
Finally the boundary line (villas) on the southern side of the site’s most southern road cannot be lower than the kerb because they are required to be above the level of 100 year stormwater flows captured in the roadways. Again to keep fill near the boundary to a minimum the finished floor level of these buildings will be a minimum of 100mm above the 100 year storm water flows.
Page (54) ORDINARY MEETING AGENDA 11 MAY 2010
DA 09-1398 - STAGE 1 CIVIL WORKS, EXCAVATIONS, LANDSCAPING, UTILITY CONNECTIONS & DEMOLITION WORKS - LOT 2 AND PART LOT 3 DP841759, MORPETH ROAD, MORPETH RECOMMENDATION: APPROVAL (Cont.) It is considered that the level of the fill being placed on the two villa pads to the south of the site is in accordance with Council’s bulk earthworks policy given that the fill height is progressively decreased in height towards the boundary, stormwater will not be redirected or concentrated onto adjoining properties and the cut and fill batter will not exceed a slope of 3:1 (horizontal to vertical ratio). In addition, the combination of ample separation distances between buildings, the extensive landscaping planting scheme and a 1.8 metre fence shall ensure the design is sensitive to the privacy of adjoining properties.
5. Solar Access It was raised that there will be a lack of natural sunlight during winter to adjoining properties. The previous trees allowed filtered light through whereas buildings will not. Planner's Comment
Council’s Citywide DCP Chapter Residential Design specifies guidelines to ensure adequate solar access. The policy states that any development should not reduce the sunlight available to windows of living areas of adjacent dwellings and at least 50% of the principal area of private open space to less than 3 consecutive hours between 9.00am and 3.00pm on the winter Solstice (June 21). Where existing overshadowing is already greater than this, sunlight should not be reduced by more than 20%. Council also reserves the right to request shadow diagrams with respect to development if there is potential for significant loss of solar access to adjoining lots. Under the existing proposal, the applicant has undertaken a comprehensive solar study for the southern boundary of the site. It is noted that existing solar access is restricted (filtered sunlight) to a degree by the existing tree buffer along the boundary. The shadow diagrams provided demonstrate that the proposal shall not reduce the solar access of adjoining neighbours by more than 20 percent from the existing conditions and these properties shall still receive sunlight for 3 consecutive hours to at least 50% of their private open space and living areas.
Submissions from public authorities