Agenda of Ordinary Meeting

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.

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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.

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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

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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:

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.

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.

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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.

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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.

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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.

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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.

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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;

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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

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

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 northwest 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

NSW Heritage Office

The application was referred to the Heritage Office for issue of its General Terms of Approval given its classification as an Integrated Development under Section 91 of the Environmental Planning and Assessment Act 1979. The sites of Morpeth House and Closbourne House are listed on the State Heritage Register. An application under Section 60 of the Heritage Act will also be required for development of this land.

The NSW Heritage Council’s Approval Committee considered the proposed development at its meeting on 9 December 2009. The Committee recommended approval of the development subject to General Terms of Approval. The response from the Heritage Office is included as Appendix 4 to this report and the General Terms of Approval have been incorporated into the attached schedule of conditions.

Page (55) ORDINARY MEETING AGENDA 11 MAY 2010

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

POLICY IMPLICATIONS

This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS

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

CONCLUSION

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

The subject land contains a master plan development approval to facilitate the development of the site in accordance with the endorsed “Morpeth House and St John’s College Morpeth Conservation Management Plan – August 2005”. The current proposal is generally consistent with the endorsed master plan and CMP.

In accordance with the conditions of consent relating to the master plan approval, a Draft Community Management Statement has been approved by Council. In addition, the principal owner of the land has entered into a Heritage Agreement with the NSW Heritage Council to ensure the implementation of the master plan and maintenance of the significant heritage buildings on the site.

Page (56) ORDINARY MEETING AGENDA 11 MAY 2010

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

APPROVED PLANS AND DOCUMENTATION

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

Plan Ref. Sheet Rev n Revision Prepared by: No No No Date (consultant) Job No. S08-027 – Stage 1 Roads DA L00 to L09 B 24.11.09 Oculus Job No. S08-027 – Stage One Roads L201 to L205 B 24.11.09 Oculus Job No. S08-027 – Stage One Roads L206 B 20.11.09 Oculus Job No. S08-027 – Stage One Roads L207 B 24.11.09 Oculus Job No. S08-027 – Stage One Roads L301 D 24.11.09 Oculus Job No. 09/105 – Intersection Design Plan DA01 A - HDB Job No. S08-027 – Stage One Residential L501 B 27.8.09 Oculus Job No. S08-027 – Stage One Residential L502 C 27.8.09 Oculus Proposed Mini-Orb Fencing - - - Retirement by Design Drawing No. A13553-TYP 3 A 18.2.10 Antoniades Architects 08S196C-SK33 33 A 7.8.09 Hughes Trueman 08S196C-D16 16 D 2.9.09 Hughes Trueman

Note: This development approval incorporates the following (as detailed on the above plans): o Stage 1 civil works; o Stage 1 utility connections; o Demolition works; o Drainage works; o Excavation works; o Landscaping works; o Fencing; o Signage; o Internal road works; and o Road works on Morpeth Road.

Page (57) 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.) CERTIFICATES

2. Prior to the commencement of works an application for a Construction Certificate shall be submitted to, and be approved by, the Accredited Certifier.

3. Prior to the commencement of works inside the property authorised under this consent, the accredited certifier shall be provided with a copy of correspondence from Hunter Water endorsing the servicing strategy for the development.

4. At the completion of works inside the property authorised by this consent, a certificate of compliance under Section 50 of the Hunter Water Act 1991 for this development, shall be submitted to the Accredited Certifier.

5. The applicant shall submit to Council, “Notice of Appointment of the Principal Certifying Authority” at least two (2) days prior to the commencement of construction works.

COMPLIANCE

6. Written evidence of consultation and compliance with the requirements of the following authorities must be submitted to Council prior to issue of construction certificates relating to the relevant areas where works are proposed: (i) Hunter Water Corporation; (ii) Energy Australia; (iii) Telstra (in particular, their requirements for Pre Provisioning Confirmation prior to commencement of construction work); (iv) Jemna (reticulated gas supply).

LANDSCAPING

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

8. The proposal shall be undertaken in accordance with the recommendations of the Flora and Fauna Assessment undertaken by Harper Somers O’Sullivan Pty Ltd, dated October 2008.

9. The area between the southern boundary line and edge of the two building platforms to the south of the site shall be landscaped immediately after establishment of services and earthworks in this location.

10. Landscaping to the southern boundary shall incorporate both Pittosporum screenmaster planting and advanced trees of approximate height 2.5 metres.

Page (58) 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.)

CARPARKING

11. All driveways, parking areas and vehicles turning areas shall be constructed with a bitumen or segmental paver surface (on a granular pavement base), or as reinforced concrete.

12. All parking bays shall be delineated. “Visitor parking” spaces shall be signposted.

ROADS (public road reserve)

13. Intersection treatments within Morpeth Rd and Tank St shall be provided in accordance with Council’s Manual of Engineering Standards, which includes the following: Main Entry (off Morpeth Rd) - i) an auxiliary right-turn lane (CHR) ii) an auxiliary left-turn lane (AUL) iii) full width pavement rehabilitation or reconstruction within the turning movement area of the throat of the intersection iv) a full width second coat bitumen seal over the limits of the intersection works vii) Existing street trees that are relevant to veteran personnel along the south side of Morpeth Rd, that are disturbed by construction works shall be replaced in accordance with Council’s requirements as part of the intersection works Closebourne House Access (off Morpeth Rd) – viii) an auxiliary right-turn lane (AUR), ix) a full width second coat bitumen seal over the limits of the intersection works Temporary construction access x) an intersection treatment in accordance with Council’s Manual of Engineering Standards.

14. A stabilised bound natural stone footpath 1.5m wide, within Morpeth Rd equivalent to the length of the property boundary frontage shall be provided, making connection to the existing gravel path at the end of the existing roll-kerb.

15. Street lighting related to the works required by this consent within Morpeth Rd and Tank St shall be provided in accordance with Australian Standard AS 1158.

16. Prior to the issue of a compliance certificate with respect to the intersection works, all necessary road widening within the property, sufficient to contain those

Page (59) ORDINARY MEETING AGENDA 11 MAY 2010

CIVIL WORKS (public road reserve)

17. Prior to commencement of works (temporary and permanent) within the public road reserve; i) an engineering design shall be submitted to Council for approval ii) consent under the Roads Act for the approved works, shall be issued by Council and prior to the issue of that approval, a financial bond for the value of the works (at an amount determined by Council) shall be submitted to Council; iii) all relevant Council fees shall be paid iv) a traffic control plan in accordance with the RTA publication “Traffic Control at Worksites” shall be submitted to, and be approved by, Council. vi) details of a stormwater drainage system providing for the collection of runoff from the new intersection works in Morpeth Road to be directed to the southern drainage system in Morpeth Rd shall be submitted to Council for approval.

ROADS (within property)

18. The internal road configuration and construction details shall be determined by an engineer and shall provide for the following: i) carriageway widths that cater for the projected traffic volumes, parking requirements and vehicle manoeuvrability ii) the swept paths catering for busses, garbage collection, emergency services and construction traffic. iii) necessary infrastructure including a suitable pavement with an asphaltic concrete or reinforced concrete wearing surface, concrete kerb and gutter, stormwater drainage and concrete footpaths.

STORMWATER (within property)

19. A stormwater drainage system shall be provided for: i) Major and minor flow systems, and ii) On-Site Detention (OSD) where peak stormwater flows discharging from the site shall be restricted to pre-developed levels for all storm events up to and including the 1% AEP storm event, and iii) entrapment of gross pollutants, nutrients and hydrocarbons generated from the contributing ground-surface catchment areas, in accordance with a design prepared by a suitably qualified person and Council’s Manual of Engineering Standards.

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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.) 20. A report by a Geotechnical Engineer certifying the structurally adequacy of any constructed earth structure for the purposes of stormwater detention, shall be submitted to Council.

21. An inter-allotment drainage system shall be provided along the southern boundary of the site with grated pits for each allotment for the collection of stormwater runoff.

CIVIL WORKS – Internal Roads and Drainage

22. Prior to issue of a Construction Certificate for the roads and drainage works, an engineering design shall be prepared, for approval.

EROSION CONTROL

23. The site and its surrounding environs shall be protected from the effects of erosion (as water and wind borne particles) and off-site “vehicle tracking”, by the application of adequate controls. Details in accordance with Council’s Manual of Engineering Standards and the manual, “Managing Urban Stormwater” shall be submitted as part of the Construction Certificate application.

HERITAGE

24. Prior to the commencement of any works on site an archival recording shall be undertaken in accordance with the NSW Heritage Office Heritage Information Series, ‘How to Prepare Archival Records of Heritage Items’ and ‘Photographic Recording of Heritage Items Using Film or Digital Capture’. The recordings shall be undertaken by a suitably experienced heritage specialist in the field. Four copies of the recording shall be produced for distribution to the NSW Heritage Office, the State Library of NSW, Maitland City Council and the owner.

25. A large Queensland Kauri Pine (Grade 1, exceptional significance under the CMP) located adjacent to the new link road to the north-east of Morpeth House is to be retained. An arborist shall be 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. The arborist shall then monitor the tree’s condition and carry out any necessary arboricultural works to the tree and its root system prior to and/or during the proposed road and civil works to ensure its long term health and survival.

26. All trees shall be retained on the site with the exception of those trees: • affected by construction of either public or private roads/car parks; • affected by installation of services; • affected by bulk earthworks (eg: building platforms); or • included on the tree removal plan.

Page (61) 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.)

27. Significant trees as identified in the Conservation Management Plan (endorsed by the Heritage Council of NSW on 5 October 2005), including the large red gums immediately to the south west of the new residential sites (within the redgum grove and west of Robinson House) are to be retained and protected during the proposed works.

28. A comprehensive and ongoing log of existing service infrastructure lines shall be undertaken throughout the course of the project. The log should incorporated into a detailed map and provided to Maitland City Council prior to issue of the occupation certificate for each stage of the development.

NSW HERITAGE COUNCIL – GENERAL TERMS OF APPROVAL

29. The approval should generally be in accordance with the following documents: 33.1 Statement of Heritage Impact dated July 2009 prepared by Design 5 Architects; 33.2 Statement of Environmental Effects with Appendices A to G and H to J dated July 2009; 33.3 Drawings showing electrical and communications services revision D dated 23 July 2009 prepared The Consultancy Group; as amended by the following conditions:

30. All workers on the site shall be informed of possible Aboriginal occupation and if in the process of land preparation artefacts are found, the work must cease immediately and the Local Aboriginal Land Council and NPWS be informed in order to obtain the necessary permits to carry out further work.

31. An interpretation plan shall be prepared by the applicant and approved by the Director, Heritage Branch prior to the issue of the Construction Certificate beyond State Two of the proposed development on site. The plan must also incorporate an acknowledgement of the contributions of Aboriginal occupants of the area in pre and post European contact periods.

32. The interpretation plan shall be implemented to the satisfaction of the Director, Heritage Branch, prior to the issue of construction certificate beyond stage five of the proposed development on the site.

33. An application under Section 60 of the Heritage Act shall be submitted and approved by the NSW Heritage Council prior work commencing.

Page (62) 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.) GEOTECHINCAL

34. The recommendations of the preliminary Geotechnical and Contamination Assessment prepared by Douglas Partners dated August 2009 shall be carried out on the site prior to any development being undertaken on the site.

HOURS OF WORK

35. Unless otherwise approved by Council in writing, all work shall be carried out between the hours of: a) 7.00am to 6.00pm Monday to Friday b) 7.00am to 5.00pm Saturday

SITE CONSIDERATIONS

36. Prior to commencement of works in areas identified as having potential contamination or hazardous materials under the Geotechnical and Contamination Assessment undertaken by Douglas Partners (dated August 2009, project no. 31995.02) a further hazardous materials audit and assessment of identified areas of possible contamination on the site shall be undertaken in accordance with the recommendations of the assessment. Should any hazardous or contaminated materials be located on the site they shall be removed and disposed of to an appropriate authorised facility.

37. You are advised that where any demolition, alteration or renovation works that encounter asbestos or products containing asbestos, the materials encountered shall be managed in accordance with the provisions of the O.H.S Act 2000, O.H.S Regulation 2001 and A.S 2601-2001 and the requirements of NSW Work Cover.

38. All excavations and backfilling must be executed safely, in accordance with appropriate professional standards and be properly guarded and protected to prevent them from being dangerous to life or property.

39. All excavated and/or filled areas are to be retained or battered and suitably drained so as to prevent any subsidence of the area and constructed so as to deny any flow or water into or around the building or neighbouring buildings or onto neighbouring land.

Where a retaining wall is planned for this purpose and such wall exceeds 1.0m in height at any point from finished ground level, plans and specifications of the construction shall be approved by Council before works commence. Plans and specifications of retaining walls greater than 1.0m in height must be certified by a practicing professional engineer. Note: The submission of a separate Development Application is not required for a retaining wall associated with this approval and indicated on the approved plans.

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

i) Must preserve and protect the building/structure from damage, and ii) If necessary, must underpin and support the building/structure in an approved manner, and iii) Must, at least 7 days before excavating below the level of the base of the footings of a building/structure on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building/structure being erected or demolished.

The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this condition, whether carried out on the allotment of land being excavated or on the adjoining allotment of land (includes a public road and any other public place).

41. A sign must be erected in a prominent position on the work site: i) stating that unauthorised entry to work site is prohibited, and ii) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted during work hours. Any such sign is to be removed when the work has been completed.

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

43. The site is to be cleared of all building refuse and spoil immediately after completion of the works.

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

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

46. Suitable and adequate measures are to be applied to restrict public access to those areas of the site subject to works and associated storage of materials and equipment.

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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.) ADVICES

A Provision and details of effective landscaping within Precinct G as identified in the Conservation Management Plan (endorsed by the Heritage Council of NSW on 5 October 2005) shall be submitted to Council under the relevant stages of development in order to provide a buffer between the Morpeth House group and the new development.

B You are advised that consultation with the Morpeth Museum should be undertaken in relation to the storage and/or display of any artefacts not being used on site or otherwise controlled by Heritage Office of New South Wales.

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

D You are advised that the existing pipeline west of the site through lots 1, 2 & 3 DP4923 is not a pipe under the care and control of Council, and which may not be covered by an easement in favour of the property the subject of this consent.

E You are advised that the transition of the road infrastructure, in particular surface drainage provisions, at the junction of the access roads and Morpeth Rd, should adopt a soft engineering approach to ensure that drainage exit points merge sympathetically with the drainage swale along Morpeth Road.

F Removal of relics of state significance is not approved. Proposed works in archaeologically sensitive locations, as identified by the Conservation Management Plan, may need design changes or even deletion, if required, to avoid removal of archaeological relics of state significance. Detailed archaeological assessment will need to be submitted with separate applications for specific development in these areas.

G You are advised that in regard to road and drainage works, those works must be carried out and/or dedicated to Council, prior to issue of any future Occupation Certificate.

H The group of tall pines to the south of Morpeth House proposed for removal due to their poor condition are to be replaced with a new species of similar scale to reinstate their landmark qualities. Landscape plans shall be submitted and approved by Council under the relevant stage of development in order to provide a buffer between the Morpeth House group and the new development.

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10.2 DA 09-2756 - 144 BED RESIDENTIAL CARE FACILITY, ANAMBAH ROAD RUTHERFORD SUBMISSION TO JOINT REGIONAL PLANNING PANEL

File No: DA 09-2756 Attachments: 1. Locality Plan 2. Draft JRPP Report Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation David Simm - Manager Development & Environment Stephen Punch - Principal Planner Author: Belinda Barrie - Town Planner

EXECUTIVE SUMMARY

Joint Regional Planning Panels came into force on the 1st July 2009. These panels were established by the Department of Planning as independent bodies to determine regionally significant Development Applications as prescribed by State Environmental Planning Policy (Major Development) 2005 (the SEPP).

Council officers have finalised their assessment of the second Development Application to be determined by the Hunter and Central Coast Joint Regional Planning Panel (JRPP).

DA 09-2756 involves the construction of a 144 bed Residential Care Facility at Anambah Road, Rutherford.

The application requires determination by the JRPP because the value of works is over $10 million which triggers Clause 13B(1)(a)of the SEPP.

The application is scheduled to be determined at the JRPP meeting on the 27th May 2010. The location of the meeting is to be confirmed.

The assessment report has already been submitted to JRPP. Council is able to make its own independent submission indicating its position on the application, which is to be lodged with the JRPP within the specified submission period, and this report recommends that a submission supporting the proposal be made.

OFFICER’S RECOMMENDATION

THAT Council make a written submission to the Hunter and Central Coast Joint Regional Planning Panel indicating its support to the proposal within the JRPP submission period.

REPORT DA 09-2756 proposes a 144 Bed Residential Care Facility and associated amenities at Anambah Road, Rutherford. The development is proposed to be constructed in the following stages:

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DA 09-2756 - 144 BED RESIDENTIAL CARE FACILITY, ANAMBAH ROAD RUTHERFORD SUBMISSION TO JOINT REGIONAL PLANNING PANEL (Cont.) • Stage 1 – Construction of the North and South Wing, and the Central Service Core, which includes 54 low care places, 36 high care places, 18 dementia places, all support facilities (including the kitchen, dining areas on each floor, common areas in each wing, common bathrooms and laundry), facilities such as a café, beautician/ hairdresser, men’s shed and multi-purpose rooms, carparking and landscaping.

• Stage 2 – Construction of the East Wing, containing the remaining 36 low care beds, as well as the balance of the carparking and landscaping.

The attached report contains a full assessment under Section 79C(1) of the Environmental Planning and Assessment Act 1979 as well as development plans.

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

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

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

CONCLUSION A full assessment has been completed pursuant to Section 79C(1) of the Act and submitted to the JRPP for determination. This assessment concludes that the proposed residential care facility is appropriate for the site and will build upon and strengthen the range of aged care facilities available to the Maitland community. This report provides Council with sufficient information to enable its own independent submission to be taken into account by the JRPP in its determination of the Development Application.

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DA 09-2756 - 144 BED RESIDENTIAL CARE FACILITY, ANAMBAH ROAD RUTHERFORD SUBMISSION TO JOINT REGIONAL PLANNING PANEL (Cont.)

Service Planning and Regulation Reports

DA 09-2756 - 144 BED RESIDENTIAL CARE FACILITY, ANAMBAH ROAD RUTHERFORD SUBMISSION TO JOINT REGIONAL PLANNING PANEL

Locality Plan

Meeting Date: 11 May 2010

Attachment No: 1

Number of Pages: 1

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DA 09-2756 - 144 BED RESIDENTIAL CARE FACILITY, ANAMBAH ROAD RUTHERFORD SUBMISSION TO JOINT REGIONAL PLANNING PANEL (Cont.)

Service Planning and Regulation Reports

DA 09-2756 - 144 BED RESIDENTIAL CARE FACILITY, ANAMBAH ROAD RUTHERFORD SUBMISSION TO JOINT REGIONAL PLANNING PANEL

Draft JRPP Report

Meeting Date: 11 May 2010

Attachment No: 2

Number of Pages: 60

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DA 09-2756 - 144 BED RESIDENTIAL CARE FACILITY, ANAMBAH ROAD RUTHERFORD SUBMISSION TO JOINT REGIONAL PLANNING PANEL (Cont.)

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DA 09-2756 - 144 BED RESIDENTIAL CARE FACILITY, ANAMBAH ROAD RUTHERFORD SUBMISSION TO JOINT REGIONAL PLANNING PANEL (Cont.)

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10.3 ACCREDITATION OF COUNCIL BUILDING SURVEYORS

File No: 103/2 Attachments: Nil Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation David Simm - Manager Development & Environment Author: Chris Thompson - Senior Health & Building Surveyor

EXECUTIVE SUMMARY

Accreditation of Council Building Surveyors was raised in the Campbell Inquiry into the Quality of Buildings in 2002. On 1 March 2010 legislation was introduced establishing a framework for the accreditation of Council Building Surveyors. From 1 September 2010 all building certification undertaken by Council must be carried out by Accredited Certifiers (Building Surveyors). This requirement has financial and operational implications to Council.

OFFICER’S RECOMMENDATION

THAT the contents of the report be noted and the General Manager be delegated to act on behalf of Council to determine applications for accreditation by relevant staff.

REPORT History

Council Building Surveyors historically have been responsible for the approval and policing of construction work in NSW. In 1997-1998 the NSW Government sought to achieve efficiency gains and increased choice and competition by allowing this work to also be carried out by the private sector.

The Environmental Planning and Assessment Act 1979 (EP&A Act) was amended in 1998 to enable accredited persons within the private sector to certify building and subdivision works. It was perceived that a private certification system would reduce application processing times, reduce holding costs associated with delays in the assessment process and improve the service to applicants.

As there were no practitioners in the private sector at that time, the void was filled by ex-Council Building Surveyors after attaining accreditation. Accreditation was obtained through the Building Surveyors and Allied Professions (BSAP) Accreditation Board. In May of 2002 the Department of Planning took over the administration of the BSAP Accreditation Scheme due to alleged poor administration procedures.

In 2002 the Campbell Inquiry into the quality of buildings, conducted by a committee of Parliament, concluded that the building regulatory system in NSW was complex, and lacked coordination, understanding and professionalism. The inquiry recommended increased regulation of builders and other practitioners in the building industry. This resulted in the establishment of the Building Professionals Branch within the Department of Planning in January 2004. In March of 2004 the

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ACCREDITATION OF COUNCIL BUILDING SURVEYORS (Cont.) Environmental Planning and Assessment Act was amended, empowering the Building Professionals Branch to audit Councils in their role as Certifying Authorities.

The Building Professionals Act and Regulation commenced on 1 March 2007 and established the Building Professionals Board as an independent statutory body, reporting to the Minister for Planning. The Act incorporated the scheme for Accredited Certifiers.

In July 2008 the Council of Australian Governments (COAG) agreed to develop a national trade licensing system as part of its agenda to increase Australia’s productivity. The accreditation of Council Building Surveyors (Certifiers) was the NSW Government’s response to this resolution.

A model for the accreditation of Council Building Surveyors was placed on exhibition in 2008. The Building Professionals Board conducted a series of information sessions across the State during 2009. Consultation also took place with the Local Government Shires Association (LGSA), and the Development and Environmental Professionals Association (DEPA). After consideration of submissions from the Australian Institute of Building Surveyor (AIBS), regional professional groups and individuals an amended model was placed on exhibition in late 2009.

On 1 March 2010 legislation introduced a framework for the accreditation of Council Building Surveyors. All Council building certification must be carried out by Accredited Certifiers from 1 September 2010. No Council staff are currently accredited under the BPB scheme.

The Building Professionals Board

The Building Professionals Board is a statutory body established under the Building Professionals Act 2005 that is responsible to the Minister for Planning. It comprises eight members with knowledge and/or experience in fields relevant to the position.

The website of the Building Professionals Board lists it duties as the follows:

(i) The Board accredits building practitioners to issue construction, occupation, subdivision, compliance and complying development certificates. (ii) It investigates and hears complaints against Accredited Certifiers and audits Certifiers and Councils in their certification role. (iii) It facilitates training for Accredited Certifiers, provides information to the public about how projects are certified and assists consumers in locating a Certifier. (iv) The Board provides expertise to the accreditation and disciplinary process for those certifying construction , ensures certifiers are subject to an independent process of scrutiny and provides consumers with confidence that their homes are being constructed in accordance with approved plans to a satisfactory standard.

Accreditation Scheme Time Line

The scheme, in the longer term, will have one system of accreditation for certifiers in private industry and in local government. In the meantime transitional arrangements

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ACCREDITATION OF COUNCIL BUILDING SURVEYORS (Cont.) are in place to provide ample opportunity for Council officers to become accredited. These transitional arrangements are as follows;

Council has until 1 September 2010 to ensure that a sufficient number of accredited persons are available to undertake certification duties. This typically relates to the issue of complying development certificates, construction certificates, occupation certificates, compliance certificates and undertaking mandatory inspections at various stages of building work. Certain work involving subdivision or strata work, or the issue Part 4A certificates not involving building work, do not have to be undertaken by an accredited person.

From September until 28 February 2013 a transition period allows for Council Building Surveyors (Certifiers), not yet certified to attain accreditation or alternatively to apply for a higher level of accreditation. Beyond this period any Council Officer seeking accreditation will be required to go through the same application process as those within the private sector.

Levels of Accreditation and Applications

The accreditation process aims to place individuals within a specific level of accreditation according to qualifications, experience and competence. There are four accreditation levels; A1, A2, A3 and A4 with several bands within those levels. A1 (Accredited Certifier Building Surveying Grade 1) is the highest level of accreditation while A4 is the lowest level of accreditation (Building Inspector). The extent of work undertaken by a certifier is limited to the accreditation level awarded.

Application for accreditation whilst made by the individual is required to be supported by Council. It is the responsibility of Council or the delegated officer to determine whether the applicant has sufficient qualifications and experience, is a fit and proper person and able to competently undertake the duties for the level sought. Council has to consider relevant guidelines when assessing accreditation applications. Once the application is endorsed it is submitted to the Buildings Professional Board for determination. Once accredited, certifiers are not required to be reassessed by a subsequent employing Council.

Implications for Council

The Building Professionals Board is responsible for the accreditation of Private and Council Certifiers. The Board is also empowered under the Building Professionals Act to audit the work and activities of Accredited Certifiers and Councils. Complaints against council accredited officers may be investigated by the BPB. This is an additional layer of control to that which currently exists over Council and it’s staff.

Council has a number of responsibilities associated with the accreditation scheme. These includes recording information relating to the Certifier and the projects undertaken by the officer, as well as ensuring insurance coverage for Accredited Officers. This is not significantly different from the current operations of Council and is not anticipated to be a significant cost. The requirement for council staff to be accredited is discussed within the Financial Implications section of this report.

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ACCREDITATION OF COUNCIL BUILDING SURVEYORS (Cont.) CONCLUSION This report has not attempted to debate the alleged short comings of the existing certification process within Councils nor the perceived improvements to be gained by the accreditation of Local Government Building Surveyors. The 1 September 2010 deadline provides a relatively limited period of time for staff to prepare applications for endorsement by Council and the subsequently submission of documentation for approval by the Building Professionals Board. Consistent with ensuring the efficient ‘day to day’ operations of Council, it is recommended that the General Manager be delegated the authority to assess and endorse applications for accreditation.

FINANCIAL IMPLICATIONS This matter is likely to have financial impact on Council and will need to be allowed for in future budgets. The initial application for accreditation does not incur a fee, however accreditation renewals to March 2013 will cost $250 per applicant. There is no indication what the fee will be beyond this date. Private sector accreditation is currently $1500.

Additionally, Council Accredited Certifiers will be required to undertake continuing professional development as approved by the Building Professionals Board. The Board will require Certifiers to undertake specific training ranging from one to five days annually. Additional CPD activities will be required be completed each year however these are minimal being four hours approved CPD in the first year, six hours in the second year and eight hours in the third year. It unknown what the requirements will be beyond 2013.

As there are number of variables involved, it is difficult to accurately determine the cost of meeting CPD requirements. Council has eight building surveying staff likely to require accreditation. As a guide, the Australian Institute of Building Surveyors currently conducts CPD seminars/workshops attended by Building Practitioners from both the private and public sector. The average hourly cost of these activities is $61.00. Based on the minimum 11 hours attendance requirement for the first year, cost per individual is $660 (or $7,269 for all staff). At the other end of the scale should maximum attendance within the first year at 39 hours be required, the cost per individual cost is $2380 (or $26, 170 for all staff). It is however anticipated that these costs will be covered from existing training budgets.

POLICY IMPLICATIONS A specific policy addressing accreditation of Council Building Surveyors is not required. It is considered that a procedure to address the cost of meeting accreditation provisions, including the loss of work time in attending workshops/seminars can be incorporated within existing HR policy documentation.

STATUTORY IMPLICATIONS Compliance with the Building Professional’s Board Accreditation Scheme for Councils is required under the provisions of the Building Professionals Amendment Act 2008 and amendments made by the Building Professionals Amendment (Accreditation of Council Employees) Regulation 2010, the Environmental Planning and Assessment Act 1979 and Regulation 2000.

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10.4 ADOPTION OF DRAFT SENIORS LIVING AMENDMENTS TO MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITY WIDE 2006

File No: 103/41/10 Attachments: 1. Submission in response to the draft amendments to the Maitland Section 94 Contributions Plan 2. Draft Amendments & Contribution Tables Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation Monica Gibson - Manager City Strategy Author: Amanda McMahon - Development Contributions Coordinator

EXECUTIVE SUMMARY

In March 2010 Council resolved to proceed with the exhibition of the draft Amendment to the Maitland Section 94 Contributions Plan (Citywide) 2006 relating to Seniors Living Developments.

Exhibition of the draft Plan took place from 15th March to 19th April 2010 and one submission was received in response. The submission supports the adoption of amended occupancy rates as proposed in the amendment but proposes that the draft plan remains inadequate in addressing the nexus between contributions, and demand for services resulting from Seniors Living Development. These concerns have been considered in the finalisation of the draft Plan, but no further changes are proposed.

Accordingly, the final draft Maitland Section 94 Contributions Plan (Citywide) 2006 Revision is now presented to Council with a recommendation that Council formally adopt and make the Plan.

OFFICER’S RECOMMENDATION

THAT

1. In accordance with Clause 94EA (1) of the Environmental Planning & Assessment Act and Clause 31 (ii) (b) of the Regulation, Council approve the Citywide Section 94 Contributions Plan (2006) May 2007 Revision with the amendments as detailed in this report.

2. Council give public notice of its decision within 28 days of the date of this meeting.

REPORT Following investigations into the levying of developer contributions on Seniors Living developments, a review of the Maitland Section 94 Contributions Plan (Citywide) 2006 was undertaken and draft amendments presented to Council in March 2010. Council resolved to proceed with public exhibition of the draft amendments.

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ADOPTION OF DRAFT SENIORS LIVING AMENDMENTS TO MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITY WIDE 2006 (Cont.) As the statutory exhibition period for a draft Section 94 Plan is 28 days, the draft plan was exhibited from 15th March to 19th April 2010, with submissions accepted up until the 19th April.

This report discusses the results of the exhibition processes and recommends that Council proceed with the making and adoption of the Citywide Plan.

SUBMISSION Council received one submission in respect of the proposed amendments to the Maitland Section 94 Contributions Plan (Citywide) 2006 relating to Seniors Living. The submission addresses Seniors Living development generally and, more specifically, the Morpeth House Heritage Estate development. It is not the intent of this report to consider issues relating to specific development applications which are considered as part of the development assessment process. A copy of the submission is included as Attachment 1 to this report and the key issues relating to Seniors Living developments generally that have been raised in the submission have been summarised below;

Reduced Mobility

“It should be noted that the reduced mobility experienced by Seniors will invariably result in a reduced usage of community services and facilities”

Seniors are defined as people of 55 years or more and includes healthy active people. The age of 55 was selected for use in the Seniors Living SEPP as it is the age at which some people can gain access to reserved superannuation funds and often make choices about housing which would suit their needs for the next 25 or more years of life. It is a common misconception that seniors are frail and unlikely to utilise community services and facilities.

A survey of seniors in eight NSW local government areas undertaken by the Department of Urban Affairs and Planning (1996) found that seniors moved into multi-unit housing either to reduce the time and effort they spent on maintaining a house or to lower their costs. Seniors were attracted to multi-unit housing because of: • Less maintenance • Greater mobility (ie ability to go away without worrying) • Greater personal and property security • Adequate sized rooms. • Lower costs

In other words, many seniors in our community have housing needs based on location and manageability. Apart from these factors, their housing needs and their usage of community services and facilities are no different from people of a younger age.

Nexus

“While the current s94 contributions plan provides a good nexus between demand for services and facilities for residential development, it does not provide the same

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ADOPTION OF DRAFT SENIORS LIVING AMENDMENTS TO MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITY WIDE 2006 (Cont.) level of information in regards to the nexus between Seniors Living development and demand for services and facilities.”

All forms of residential development, which result in additional population, require a range of community facilities and services to support the needs of that population. The Maitland Section 94 Contributions Plan (Citywide) 2006 provides a nexus between the anticipated population increase within the LGA and additional community facilities needed to serve that population. The plan does not need to distinguish between residential and Seniors Living developments.

Recreation and Open Space Facilities

“An approach should be adopted which calculates (the Recreational and Open Space Levy) having regard to Recreational and Open Space facilities to be provided by the developer, and the physical ability of residents to utilise Council Recreational and Open Space Facilities.”

The provision of Private Recreational and Open Space Facilities within developments does not negate Council’s obligation to provide community or public Recreational and Open Space facilities for the incoming population.

Citywide Road and Traffic Facilties

“Basing road and traffic contributions solely on occupancy rates fails to take into account the reduced kilometers travelled by Seniors, or the inability of seniors to drive and/or utilise roads altogether.”

Ongoing development in the Maitland LGA results in the need to upgrade local and arterial road facilities. The Maitland Section 94 Contributions Plan (Citywide) 2006 apportions costs between existing and all future residents equally as the provision of a safe and efficient road network is essential for all residents, regardless of the level of use.

Cultural and Community Services

“Again the current plan does not allow for the offset of contributions based on the facilities to be provided (by the development).”

The provision of Private Cultural or Community Facilities within developments does not negate Council’s obligation to provide Cultural and Community facilities for the incoming population.

Citywide Cycleways

“Given their (Seniors) physical capability and average age it is unlikely Seniors will use bicycles altogether. The ability, if any, for senior’s residents to utilise cycle paths needs to be considered in determining the final contributions amounts”

Council is committed to the development of a safe and practical cycleway network for all residents of the Maitland LGA, regardless of their age.

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ADOPTION OF DRAFT SENIORS LIVING AMENDMENTS TO MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITY WIDE 2006 (Cont.) Reassesment of Contributions

“It is requested that the Draft plan be amended to acknowledge that some Seniors Living Developments….do provide at least some portion of the services/facilities which the contributions plans seek to cover.”

Section 2.9 of the contributions plan allows for an application to be submitted in conjunction with a development application for the reassessment of the development contribution payable. This may result in the contribution being reduced or waivered or modified depending on the justification and merit of the particular application. No further changes are therefore considered warranted.

CONCLUSION

The proposed amendments to the Maitland Section 94 Contributions Plan (Citywide) 2006 have been prepared, exhibited and reviewed in accordance with all relevant legislation and recommended practices.

As there are no outstanding matters, the Plan is now presented to Council with the recommendation that it is adopted with the amendments as discussed in this report, and that they come into effect on the date that public notice is given.

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

It is anticipated that the proposed amendments will not have a net effect on the cash flow or funds received under the Section 94 Plan.

POLICY IMPLICATIONS This matter is proposing the amendment of an existing Council Policy in relation to the funding of future public services and amenities to cater for the anticipated growth in the local government area.

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

The Citywide Section 94 Contributions Plan has been prepared in accordance with the requirements of the Environmental Planning and Assessment Act 1979, as amended, the Environmental Planning and Assessment Amendment (Development Contributions) Act, 2005 and the Department of Planning’s Development Contributions Practice Notes, 2005

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ADOPTION OF DRAFT SENIORS LIVING AMENDMENTS TO MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITY WIDE 2006 (Cont.)

Service Planning and Regulation Reports

ADOPTION OF DRAFT SENIORS LIVING AMENDMENTS TO MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITY WIDE 2006

Submission in response to the draft amendments to the Maitland Section 94 Contributions Plan

Meeting Date: 11 May 2010

Attachment No: 1

Number of Pages: 7

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ADOPTION OF DRAFT SENIORS LIVING AMENDMENTS TO MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITY WIDE 2006 (Cont.)

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ADOPTION OF DRAFT SENIORS LIVING AMENDMENTS TO MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITY WIDE 2006 (Cont.)

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ADOPTION OF DRAFT SENIORS LIVING AMENDMENTS TO MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITY WIDE 2006 (Cont.)

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ADOPTION OF DRAFT SENIORS LIVING AMENDMENTS TO MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITY WIDE 2006 (Cont.)

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ADOPTION OF DRAFT SENIORS LIVING AMENDMENTS TO MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITY WIDE 2006 (Cont.)

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ADOPTION OF DRAFT SENIORS LIVING AMENDMENTS TO MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITY WIDE 2006 (Cont.)

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ADOPTION OF DRAFT SENIORS LIVING AMENDMENTS TO MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITY WIDE 2006 (Cont.)

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ADOPTION OF DRAFT SENIORS LIVING AMENDMENTS TO MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITY WIDE 2006 (Cont.)

Service Planning and Regulation Reports

ADOPTION OF DRAFT SENIORS LIVING AMENDMENTS TO MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITY WIDE 2006

Draft Amendments & Contribution Tables

Meeting Date: 11 May 2010

Attachment No: 2

Number of Pages: 4

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ADOPTION OF DRAFT SENIORS LIVING AMENDMENTS TO MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITY WIDE 2006 (Cont.)

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ADOPTION OF DRAFT SENIORS LIVING AMENDMENTS TO MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITY WIDE 2006 (Cont.)

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ADOPTION OF DRAFT SENIORS LIVING AMENDMENTS TO MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITY WIDE 2006 (Cont.)

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ADOPTION OF DRAFT SENIORS LIVING AMENDMENTS TO MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITY WIDE 2006 (Cont.)

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10.5 GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN

File No: 103/133 Attachments: 1. Locality Plan 2. Gillieston Heights Area Plan Responsible Officer: Monica Gibson - Manager City Strategy Leanne Harris - Group Manager Service Planning and Regulation Author: Mark Roser - Strategic Town Planner

EXECUTIVE SUMMARY

At its meeting of 11 April 2006, Council adopted the Gillieston Heights Area Plan (GHAP) for the Gillieston Heights Urban Release Area (GHURA). The GHAP addresses the residential area of Gillieston Heights east of Cessnock Road and includes a precinct plan which provides guidelines for development in this locality.

On 15 January 2010, Amendment No.101 of the Maitland Local Environmental Plan 1993 was gazetted which included an addition to the urban release area of Gillieston Heights west of Cessnock Road, and rezoning of this land for residential purposes. To ensure consistency with the GHAP and subsequently compliance with the provisions of Clause 57 (2) of the Maitland Local Environmental Plan 1993, a precinct plan for the western precinct of Gillieston Heights has been prepared.

The purpose of this report is to present to Council the draft precinct plan for the Gillieston Heights West precinct of the GHURA and to review the format and structure of the GHAP to accommodate the draft Gillieston Heights West Precinct Plan. It is recommended that the draft Gillieston Heights West Precinct Plan and amended GHAP be placed on public exhibition.

OFFICER’S RECOMMENDATION

THAT

1. Pursuant to clause 18 of the Environmental Planning and Assessment Regulation 2000, the Draft Gillieston Heights West Precinct Plan and amendments to the Gillieston Heights Area Plan be exhibited as an amendment to the Maitland Citywide Development Control Plan for a period of 28 days.

2. At the completion of the exhibition period the matter be reported back to Council with any submissions made during this time.

REPORT Currently the Gillieston Heights Area Plan provides development objectives and requirements only for land to the east of Cessnock Rd. The inclusion of land to the west of Cessnock Rd in the urban release area of Gillieston Heights, as identified in the Maitland Urban Settlement Strategy 2008, and receipt of the western precinct plan has prompted the review of the GHAP to accommodate the western precinct

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GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.) and reflect the structure and format of other area plans for urban release areas in the Maitland Local Government Area.

It is proposed the GHAP will consist of two (2) parts, the GHURA guidelines and the Precinct Plans. Part A of the GHAP outlines the general development guidelines and provisions that apply to the GHURA. These guidelines draw from the requirements of Clause 57 of the Maitland LEP 1993 that outlines the matters to be addressed in a development control plan, however Clause 57 is not completely satisfied by the making of the Gillieston Heights Area Plan.

Development objectives and controls for each of the development precincts are established in Part B. A precinct plan and development principles are to be prepared and adopted for the precinct prior to the determination of any development application for urban purposes in that precinct.

Precinct plans must be consistent with the GHAP and are to be prepared by developers and/or landowners, to the satisfaction of Council. The precinct plans will form part of the GHAP with the GHAP being a chapter of Council’s City Wide Development Control Plan. New or revised precinct plans must therefore be exhibited and adopted in accordance with the Environmental Planning and Assessment Act 1979 and associated regulations. Upon adoption and approval, the Precinct Plan will satisfy the requirement of Clause 57 of the Maitland LEP 1993.

Precinct plans prepared for the GHURA will provide for the following:

• Transport hierarchy for vehicles, public transport, pedestrians and cyclists;

• Landscape strategies;

• Stormwater drainage;

• Amelioration of natural hazards;

• Identification of significant sites requiring more detailed development guidelines;

• School sites and areas of community use including recreation, open space land and neighbourhood shops;

• Measures to reduce noise and vibration associated with the railway, vehicular traffic and extractive industries;

• Protection of scenic values, significant vegetation communities, Aboriginal and European Heritage sites.

The precincts and staging of development are closely linked to the requirements of Council’s City Wide Section 94 Contributions Plan, and other major infrastructure providers such as Hunter Water Corporation in respect to water, sewer and recycled wastewater.

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GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.) Draft Gillieston Heights West Precinct Plan

Council has received a draft precinct plan for that area in the GHURA bound by Cessnock Road to the east, Gillieston Road to the north, South Maitland Rail Line to the west and rural land to the south. This precinct is referred to as the Gillieston Heights West Precinct. A map of the subject area is appended to this report as Attachment 1.

The draft Gillieston Heights West Precinct Plan includes a series of tables detailing key urban design elements addressing objectives and requirements to be achieved in the development of this precinct. This is supported by a plan identifying a road hierarchy, pedestrian and cycle networks, stormwater management and preferred land use patterns. A copy of the draft Gillieston Heights Precinct Plan and supporting tables are appended to this report as Attachment 2.

The Gillieston Heights West precinct contains a number of key development sites which require specific guidelines to achieve desired development outcomes for the locality. These key development sites include:

• Land adjoining Cessnock Rd This locality is a key gateway to the GHURA and wider urban area of Maitland from the south. The objectives of the precinct plan for these sites are to ensure that future development does not result in significant detrimental visual impact at a key gateway. The integration of housing with existing established vegetation and additional landscape enhancement is a key component for development in this area. Similarly, noise attenuation associated with this high traffic area will form an integral part of the final urban design layout, with no direct access to Cessnock Rd from new dwellings.

• Rural/Flood Fringe Interface The objective for this key development site is to ensure that future urban development does not result in significant detrimental visual impact when viewed in connection with adjoining rural and flood liable land (wetlands). The precinct plan provides for urban design features that contribute toward an open pedestrian environment with shared open space access, appropriate landscaping and rural views. Consistent with Council’s Flood Policy, all housing is to be above the 1%AEP Food Level.

• Land adjoining South Maitland Rail Line The South Maitland Rail Line is a potential source of noise and vibration for new residential development in the Gillieston Heights West precinct. The objective of the precinct plan for these sites is to ensure appropriate attenuating measures are included in subdivision designs between the source and receiver and that buildings are designed to relevant standards associated with noise and vibration from train movements.

• Mine Subsidence Area The Gillieston Heights locality has a history of underground mining and mineral extraction. The western precinct supported much of the associated mining infrastructure and entrance to the mines. An area adjoining the South Maitland Rail Line has been identified as unstable and unsuitable for residential development. The

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GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.) MSB have provided advice with regard to “no development” areas and areas suitable for light weight construction. The objective of the area plan for these sites is to ensure the safety of housing development in this precinct.

• Land Surrounding Air Services Australia Beacon The western precinct surrounds land which supports a visual beacon for aircraft navigation in the region. The objective of the precinct plan for this area is to ensure future residential development adjoining this site considers the operational requirements of this facility. Air Service Australia has set a height requirement buffer for development around the beacon.

CONCLUSION

The Gillieston Heights West precinct contains seven (7) separate landowners and adjoins the Gillieston Heights Village residential area to the east, north and south. The exhibition of the draft Gillieston Heights West Precinct Plan will provide the opportunity for all affected landowners and surrounding residents to consider and make comment on development principles guiding future urban development of this locality.

FINANCIAL IMPLICATIONS This matter has no financial implications on Council’s adopted budge.

POLICY IMPLICATIONS There are no policy implications at this stage. Once the precinct plan is adopted it will form part of the Gillieston Heights Area Plan which is a chapter of the City Wider DCP.

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

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GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.)

Service Planning and Regulation Reports

GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN

Locality Plan

Meeting Date: 11 May 2010

Attachment No: 1

Number of Pages: 1

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GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.)

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GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.)

Service Planning and Regulation Reports

GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN

Gillieston Heights Area Plan

Meeting Date: 11 May 2010

Attachment No: 1

Number of Pages: 27

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GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.)

MAITLAND CITY COUNCIL

CITY WIDE DEVELOPMENT CONTROL PLAN

GILLIESTON HEIGHTS AREA PLAN

This chapter comprises part of the Maitland City Wide Development Control Plan and has been prepared in accordance with the provisions of the Environmental and Planning Assessment Act, 1979. This chapter is to be read in conjunction with the whole document.

This chapter was adopted 2nd April 2006 to be included in the City Wide Development Control Plan, and amended on ……. to include the Gillieston Heights West Precinct Plan.

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GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.)

TABLE OF CONTENTS

1 - PRELIMINARY

1.1 Introduction 2 1.2 Subject land 2 1.3 Commencement 2 1.4 The Purpose of the Area Plan 2 1.5 Relationship with other Plans 2 1.6 Format of the Area Plan 3

PART A –GILLIESTON HEIGHTS URBAN RELEASE AREA 4

2 – AREA WIDE DEVELOPMENT OBJECTIVES & REQUIREMENTS 6

2.1 Desired Future Outcomes 2.2 Traffic, Road Design, Pedestrian/Cycleway Networks 8 2.3 Subdivision Design 9 2.4 Building Form 10 2.5 Provision of Essential Infrastructure 11 2.6 Visual and Scenic Amenity 12 2.7 Water Cycle Management and Sediment and Erosion Control 13 2.8 Flooding 14 2.9 Landscaping, Streetscape and Open Space Areas 14 2.10 Bushfire Protection 15 2.11 Salinity/Acid Sulfate Soils 16 2.12 Noise and Vibration 16 2.13 Floodplain and Environmental Protection areas 16 2.14 Heritage 17 2.15 Key Development Sites 17

PART B – PRECINCT PLANS 18

3 – GENERAL PRINCIPLES FOR PRECINCT PLANS 18

3.1 Purpose of Precinct Plans 18 3.2 Matters for consideration in Precinct Plans 18

4 – GILLIESTON HEIGHTS EAST PRECINCT 19

4.1 Precinct Plan 19 4.2 Subdivision Design 20 4.3 Key Development Site – Commercial Centre & Community Facility 20 4.4 Key Development Site – Development adjoining Cessnock Rd 21 4.5 Key Development Site – Rural Land/Flood Fringe Interface 22

5 – GILLIESTON HEIGHTS WEST PRECINCT 23

5.1 Precinct Plan 23 5.2 Subdivision Design 23 5.3 Traffic Access 23 5.4 Key Development Site – Land Adjoining South Maitland Rail Line 25 5.5 Key Development Site – Land Surrounding Air Service Aust. Beacon 25

Page (160) ORDINARY MEETING AGENDA 11 MAY 2010

GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.) 5.6 Key Development Site – Mine Subsidence/Unstable Land 26 5.7 Key Development Site – Land Adjoining Cessnock Road 26 5.8 Key development Site – Land Adjoining Poultry Farms 26

REFERENCES

Maitland City Wide Development Control Plan

Maitland City Council – Manual for Engineering Standards

Page (161) ORDINARY MEETING AGENDA 11 MAY 2010

GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.)

MAITLAND CITY WIDE DCP

GILLIESTON HEIGHTS AREA PLAN

1. PRELIMINARY

1.1 Introduction

This document is called the Gillieston Heights Area Plan, and forms part of the Maitland City Wide Development Control Plan. This Area Plan consists of a written statement, Precinct Plans and the Gillieston Heights Master Plan to guide future development of the area.

1.2 Subject land

This Area Plan applies to land identified in the Gillieston Heights Urban Release Area, shown as Figure 1.

1.3 Commencement

This Area Plan (chapter) was adopted by Council on 11 April 2006, and came into force on 20 April 2006.

1.4 Purpose of the Area Plan

The purpose of the Area Plan is to give detailed guidance to people wishing to carry out development within the Gillieston Heights Urban Release Area. This chapter provides more detailed provisions than those contained in the Maitland Local Environmental Plan 1993, and indicates certain objectives, requirements and development standards for the area, not otherwise included in the broader Maitland City Wide DCP.

1.5 Relationship with other Plans

Where there is any inconsistency between this Area Plan and any environmental planning instrument, the provisions of the environmental planning instrument shall prevail. An environmental planning instrument includes a State Environmental Planning Policy (SEPP), a Regional Environmental Plan (REP), and a Local Environmental Plan (LEP).

This Area Plan should be read in conjunction with all chapters or sections of the Maitland City Wide DCP and any Council’s policies, particularly the Manual for Engineering Standards.

Where there is an inconsistency between this Plan and any future Development Control Plan or amendments to the Maitland City Wide DCP, the provisions of the later plan shall prevail.

1.6 Format of Area Plan

This chapter comprises two parts; Part A: Gillieston Heights Urban Release Area development controls and Part B: Precinct Plans. These two parts should be read together, and all development must be in accordance with Part A and Part B. Where there is any inconsistency between Part A and Part B, the Precinct Plan shall prevail.

Part A outlines the general development guidelines and provisions that apply to the Gillieston Heights Urban Release Area. These guidelines draw from the requirements of Clause 57 of the Maitland Local

Page (162) ORDINARY MEETING AGENDA 11 MAY 2010

GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.) Environmental Plan 1993 that outlines the matters to be addressed in a development control plan, however Clause 57 is not satisfied by the making of the Gillieston Heights Area Plan.

Development objectives and controls for each of the development precincts are established in Part B A precinct plan and development principles are to be prepared and adopted for the precinct prior to the determination of any development application for urban purposes, in that precinct. Precinct plans are to be prepared as amendments to the Gillieston Heights Area Plan and by virtue to the Maitland Citywide Development Control Plan.

Upon adoption and approval, the Precinct Plan will satisfy the requirement of Clause 57 of the Maitland Local Environmental Plan 1993.

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GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.) Figure 1. Gillieston Heights Urban Release Area

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GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.) Figure 2 - Gillieston Heights Master Plan

Maitland LEP No 81 refers to the Gillieston Heights Master Plan to guide future development of the site. A copy of the Master Plan which sets out the broad land use concepts for the site appears below.

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GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.) Part A – Gillieston Heights Urban Release Area

2. Area-Wide Development

Objectives and Requirements

2.1 Desired Future Outcomes

The objectives and desired future outcomes expected as a result of this Area Plan are for Council and the community to have clear direction and clarity as to the expected residential character and future neighbourhood amenity of the area, and to ensure that all development respects the natural and man- made constraints of the land, and is designed to be sympathetic to the surrounding environment.

All development should demonstrate consistency and consideration of the following principal desired future outcomes for Gillieston Heights Urban Release Area.

1. To provide walkable neighbourhoods with convenient access to neighbourhood shops, community facilities and other services, with less dependence on cars for travel

2. To foster a sense of community and strong local identity and sense of place in neighbourhoods

3. To provide for access generally by way of an interconnected network of streets and paths which facilitate safe, efficient and pleasant walking, cycling and driving

4. To ensure active street-land use interfaces, with building frontages to streets to improve personal safety through increased surveillance and activity

5. To facilitate new development which supports the efficiency of public transport systems, and provides safe, direct access to the system for residents

6. To facilitate appropriate mixed use development which is compatible with residential amenity, capable of adapting over time as the community changes, and which reflects community standards of health, safety and amenity

7. To provide a variety of lot sizes and housing types to cater for the diverse housing needs of the community at a density that can ultimately support the provision of local services

8. To ensure key environmental areas such as waterways, vegetation, land resources, and areas of cultural significance and scenic value are protected

9. To provide for an integrated and sustainable approach to the design and provision of open space and urban water management

10. To ensure cost-effective and resource efficient development to promote affordable housing

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GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.) 2.2 Traffic, Road Design, Pedestrian/Cycleway Networks

Objectives Requirements

• To ensure road design reflects the function • The road pattern for the area should be of the road, the needs of the road user, developed generally in accordance with the with sound engineering practice and concepts of the Gillieston Heights Master connectivity to existing and future Plan and Precinct Plan responding to development topography, minimising acoustic impacts, earthworks and following detailed survey • To provide a safe, continuous and and subdivision planning appropriate level of pedestrian and cycleway access linking new development • Road layouts, design geometry, with established urban areas, parks and intersections and construction should satisfy public transport the requirements of Council’s Subdivision Guidelines within the City Wide DCP and the • To provide a mix of on road and off road Manual for Engineering Standards cycle routes • Development shall take into account road • To provide a permeable and widening works and intersection upgrades interconnected street structure to offer a identified by the Roads & Traffic Authority choice of routes and distribute traffic load and in the Maitland Section 94 Contributions throughout a number of connection points Plan (City Wide) 2006

• No new future lot shall have direct vehicular access to Cessnock Road (MR No 195)

• Flood free access is to be available to all proposed allotments

• The road design should allow for passive surveillance and access to public open space from adjoining residences

• Traffic and Transport Studies are required to be submitted with Development Applications for subdivision to determine the extent of road works, intersection upgrades and ancillary vehicular and footpath/cyclepath infrastructure requirements generated by the development

• Cycleways are to be provided for generally in accordance with the Precinct Plan and Maitland Bike Plan 2005

• Pedestrian paths and cycle paths are to be provided within subdivisions that link the community, open space, schools and neighbourhood shops to existing and future residential development. Shared off-road paths shall be located adjacent to stormwater control corridors, open space and the collector road verges (footway)

2.3 Subdivision Design

Objectives Requirements

• To ensure that subdivision provides a safe • Development Applications for subdivision and positive character, enhances must include Staging Plans, an analysis and accessibility, minimises visual impacts, statement as to the intentions and compliments the surrounding area, and philosophy of proposed layouts, lot sizes, promotes the principles of ecologically shapes and likely development densities, so

Page (167) ORDINARY MEETING AGENDA 11 MAY 2010

GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.) sustainable development that residents have a clear understanding of the likely future neighbourhood character • To ensure that development respects the constraints of the site, and provides for a • A variety of lot sizes and shapes are to be range of lot sizes and shapes appropriate provided to cater for the housing needs of to the community’s housing needs the community, including opportunities for small lots, small lot housing and medium • To create a series of residential density in areas with high neighbourhood neighbourhoods with a distinct landscape amenity. Allotment yields should be and built form character to create a sense maximised in response to the constraints of of identity the land

• Lot sizes and dimensions should be in • To provide a range of public facilities in accordance with the requirements set out in appropriate locations and in sequence with Council’s Subdivision Guidelines chapter of the land development the City Wide Development Control Plan

• To allow view sharing and ensure privacy • Subdivision design must have regard to between lots minimising any adverse visual impacts of development when viewed from public roads and surrounding properties. Development adjacent to Cessnock Road (MR No 195) must be orientated and dimensioned so as to make provision for housing of a high quality architectural appearance

• Subdivision design and lot layout must ensure that any future residential housing will not be adversely affected by noise or vibration from traffic along Cessnock Road (MR No 195), nor any other adjoining land uses. Independent acoustic and vibration reports prepared by suitably qualified professionals identifying potential impact and mitigating measures shall be submitted with DA’s for subdivision

• Details of any proposed fencing adjacent to Cessnock Road (MR No 195) shall be submitted to Council for approval with Development Applications. Such fencing must be installed at the subdivision development stage to the satisfaction of Council

• Subdivision design must consider any lands identified as being potentially contaminated

2.3 Subdivision Design (cont)

Objectives Requirements • Subdivision layout and lot orientation should maximise privacy, private open space areas, solar access and energy efficiency. In this regard streets should generally be aligned north/south and east/west, subject to site constraints such as topography

• Subdivision designs should incorporate crime prevention strategies and principles to promote personal safety and casual surveillance such as those adopted within CPTED (Crime Prevention Through

Page (168) ORDINARY MEETING AGENDA 11 MAY 2010

GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.) Environmental Design)

• Subdivisions must include conveniently located open space areas that compliment the broader city wide open space networks

• Subdivision design must take intro account and identify any land containing items or sites of potential Aboriginal Heritage significance

2.4 Building Form

Objectives Requirements

• To ensure that development responds to • Housing is to be consistent with the the constraints of the land, and is standards and requirements of the integrated with existing development to Residential Design chapter of the Maitland provide attractive streetscapes and vistas, City Wide DCP enhancing the overall character and neighbourhood amenity • Housing design and scale must respond to the site constraints, so as to minimise • To provide for ecologically sustainable acoustic impacts, external earthworks and building design that is compatible with the prevent excessive cut/fill and retaining walls scale and character of surrounding development, that maximises privacy, • Building bulk is to be broken up by safety and security, and that respects the articulating external walls, providing scenic and visual attributes of the area openings, protrusions, verandahs, fenestration and various building materials, finishes and colours, so as to provide for visual relief and attractive streetscapes

• Development is to respect the character and amenity of adjoining development, with medium density housing to be provided on suitably orientated and sized allotments that have high amenity near facilities, open space and public transport

• All corner dwellings are to address both sides of the street

• Dwellings with a boundary to openspace areas are to address the openspace area and provide low visually permeable fencing

2.4 Building Form (cont)

Objectives Requirements • Housing must be designed to be energy efficient through the use of insulation, orientation, passive solar design, cross ventilation and other energy saving techniques, notwithstanding the requirements of BASIX

•

• Car accommodation is to be sited and designed so as to not dominate the streetscape and frontage of allotments, enhancing the areas visual appearance

Page (169) ORDINARY MEETING AGENDA 11 MAY 2010

GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.)

2.5 Provision of Essential Infrastructure

Objectives Requirements

• To ensure the provision of essential • The provision of energy, communications, infrastructure to all development in an water supply and sewage management to all efficient and economic manner that development. Evidence that relevant agency minimises environmental impacts approvals and/or satisfactory arrangements have been obtained, shall be provided to Council with Development Applications for subdivision

• All services are to be placed underground and are to minimise any environmental, visual and safety impacts

• All new development shall be connected to a reticulated recycled wastewater system where provided

• To ensure that satisfactory disposal of effluent for existing dwellings and the Oakwood Village development is maintained

2.6 Visual and Scenic Amenity

Objectives Requirements

• To protect the scenic values of the • Where practicable, existing vegetation is to landscape and environment, particularly by be maintained and enhanced (particularly providing for an attractive entrance to the along ridgelines, slopes and the visually City of Maitland, and encouraging sensitive areas), so as to provide buffers development to be unobtrusive and and landscaped visual relief within sympathetic to the surrounding rural setting subdivisions and housing development

• To ensure that residents benefit from views • New landscaping shall be provided in to the surrounding landscape when using visually prominent locations throughout public streets and openspace subdivisions, particularly adjacent to the visually sensitive areas, including road reserves where practicable, to provide visual relief to the built elements and protect the areas scenic amenity

• Development adjacent to Cessnock Road is to be suitably landscaped and maintained so as to provide for an attractive streetscape

• Development within and adjacent to the visually sensitive areas shall be suitably designed so as to respond to topographic constraints. Fencing in these areas shall be compatible with the adjoining rural character and may include timber post and rail style

• Council require that a Visual Impact Assessment be undertaken to accompany Development Applications for subdivisions and development that are likely to have a visual impact on the area. Such

Page (170) ORDINARY MEETING AGENDA 11 MAY 2010

GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.) assessments may include proposed ameliorative measures to be incorporated within the development, such as dwelling designs, building materials, colour schemes and landscaping.

• Development adjacent to the rural zones and flood prone lands are to be suitably designed so as to be compatible with the existing rural landscape and setting

2.7 Water Cycle Management and Sediment and Erosion Control

Objectives Requirements

• To protect and enhance the water quality, • A Stormwater Drainage Analysis, water quantity and habitat value of addressing the management of water quality downstream waterways and environment, and quantity (having regard to all including Wallis Creek and the Hunter contributing catchments and downstream River water bodies), the 1% AEP Hunter River Flood Level and the 1% AEP storm event, is • To prevent erosion and run-off during site to be submitted with Development preparation, construction and the ongoing Applications for subdivision use of the land to minimise cumulative impact on receiving waterways • Developers will be required to produce a “Sediment and Erosion Control Plan” in • To identify existing natural drainage paths accordance with the NSW Department of and manage them according to the Housing guidelines Managing Urban requirements of DECCW Stormwater: Soils and Construction – the “Blue Book” as part of the application for subdivision. The plan will also include practical measures for mitigating erosion and controlling sediment during construction. Other detailed plans may be requires as a condition of any subdivision approval

• Existing natural drainage lines should form part of a stormwater and runoff drainage management system utilising soil conservation measures (including detention basins and or wetlands) to alleviate stormwater peaks and retain sediments and pollutants. Any water control structures installed on the site are to be used solely for the purpose of sedimentation and pollution control purposes. No harvesting of water from any watercourse may occur without a license issued by the appropriate government agency

• Stormwater controls must comply with the requirements of Council’s Manual of Engineering Standards

• All water and drainage management must be consistent with the Maitland Section 94 Contributions Plan (City Wide)

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GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.)

2.8 Flooding

Objectives Requirements

• To ensure that residential land is flood free • Minimum floor level of any habitable space for the 1% AEP storm event, and to provide in a residential dwelling constructed on land safe access/egress for residents in times of to which this Area Plan applies must comply flooding with Council’s Flood Standard for the locality

• Development should be consistent with the objectives and guidelines presented in Council’s Citywide DCP – Hunter River Floodplain Management Chapter

• Development Applications for subdivision must demonstrate that suitable flood free access is available to all proposed allotments

• Existing major natural drainage lines and watercourses are to be retained wherever possible, and preferably rehabilitated through comprehensive re-planting with indigenous plant species, rather than being piped and filled

2.9 Landscaping, Streetscape and Open Space Areas

Objectives Requirements

• To provide landscaping appropriate to the • Landscaping Plans are required with nature and scale of development that Development Application, and include enhances the local character and details for all streets and public open spaces streetscape, supports retention and identifying appropriate street tree species, regeneration of ecological corridors and fencing requirements, landscape elements provides visual interest and a suitable and waterbodies backdrop to the built form • Landscaping will be required on land adjacent to Cessnock Road (MR No 195), so as to soften the visual impact of all built elements, creating attractive streetscapes when viewed by passing traffic and pedestrians

• Street tree planting is to be carried out as part of subdivision design and road construction. Street trees are to be planted to provide a physical barrier to traffic, to contribute to traffic calming, provide shade on footpaths and enhance the view of corridors in all subdivision designs and housing developments

• Existing trees are to be retained wherever possible within road reserves and along allotment boundaries

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GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.)

2.9 Landscaping, Streetscape and Open Space Areas (cont)

Objectives Requirements • The natural character of all ridgelines, knolls and hillsides are to be protected by retaining any vegetation or introducing new landscaping to ensure the visual impact of development is minimized, particularly within and adjacent to the visually sensitive areas

• Natural watercourses are to be protected and revegetated where appropriate to enhance the visual amenity, prevent soil erosion, and to protect the quality of receiving waters

• Open space areas, footpaths and cyclepaths are to be suitably located and designed to provide linkages to surrounding development in accordance with this Area Plan and the Draft Maitland Section 94 Contributions Plan (City Wide) 2005. Such areas are to have good surveillance and safety, particularly at night time, and are to be easily maintained and appropriately landscaped

2.10 Bushfire Protection

Objectives Requirements

• To ensure that development is designed to • Areas identified as having a bushfire threat reduce the risk of bushfire to people and are to be managed to minimise potential risk property to people and property

• All development is to be designed in accordance with the NSW Rural Fire Service (RFS) – Planning for Bushfire Protection 2001

• Fire protection measures must be capable of being maintained by owners and users. Asset protection zones must be contained wholly within the subject development site

2.11 Salinity / Acid Sulfate Soils

Objectives Requirements

• To manage any risk to the environment in • Subdivision applications should include regards to salinity and acid sulfate soils relevant assessment and geotechnical investigation regarding salinity and acid sulfate management to determine (if any) specific measures are needed

• Potentially contaminated lands shall be investigated and suitably remediated, where

Page (173) ORDINARY MEETING AGENDA 11 MAY 2010

GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.) required,

2.12 Noise and Vibration

Objectives Requirements

• To ensure that future residential • Residential subdivision and development is development is not adversely affected by to be located and designed so as to comply any noise and vibration from existing or with the relevant standards and criteria for future land uses, including roads noise and vibration contained within relevant legislation, including the RTA’s Environmental Criteria for Road Traffic Noise and the DECCW standards at the time

• Appropriate acoustic and vibration controls are to be provided by means of separating the source and receiver. Acoustic protection shall include building design techniques, landscaping and buffers which do not detract from the streetscape and visual appearance of the area

• Council require acoustic and vibration assessments with relevant Development Applications that adjoin existing or potentially incompatible land uses, including traffic noise on Cessnock Road (MR No 195)

2.13 Floodplain and 7(c) Environmental Protection areas

Objectives Requirements

• To ensure that the floodplain and • A limited number of large allotments will be environmental protection zone are considered in the 1(a) Prime Rural and 7(c) sustainably managed, with a limited Environmental Protection General zones. number of large allotments Any future dwellings within or adjacent to these lots must be located so as to comply with Council’s Flood Standard.

• Access to such allotments shall be flood free and at appropriate gradients, with minimal earthworks

• Any fencing of allotments in these areas shall be of timber post and rail style or similar, to minimise any visual impacts and so as to not restrict or divert flood waters

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GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.) 2.14 Heritage

Objectives Requirements

• To ensure that any areas or sites of • Archaeological investigations and studies indigenous heritage are suitably identified, are required for subdivision development, to managed and where necessary conserved determine the extent of any aboriginal sites, relics or areas of significance, including • To ensure that development does not appropriate management and conservation adversely impact upon any items of measures proposed European heritage • Appropriate European heritage assessment is required for development in the vicinity of any items of heritage significance contained in the Maitland Local Environmental Plan 1993

2.15 Key Development Sites

Objectives Requirements

• To ensure that key development sites are The following sites or land uses shall be properly designed and planned for within included in the relevant precinct plans and be Precinct Plans located and designed so as to comply with the provisions, standards and requirements of the Area Plan and the broader Maitland City Wide DCP.

• Neighbourhood shops: to include adequate car parking and landscaping, providing for an attractive architectural appearance and streetscape, that will have a positive social and economic impact on the local neighbourhood

• Noise generating land uses: to include suitable buffers and treatment to building to ensure compliance with relevant standards.

• Schools and community facilities: to include landscaping, safe pedestrian and traffic management, including bus bays and adequate parking

• Existing rural land uses: ensure that existing rural land uses are able to continue to operate, and be managed so as to be compatible with any new development

• Development adjoining existing urban areas: shall be consistent with, and provide for a compatible interface so as not to adversely impact upon the amenity of existing urban development and residents

• Residential areas adjoining flood fringe – ensure that the conservation of the environmental protection zone for wetlands occurs and ensure flood fringe areas are suitably managed

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GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.)

Part B – Precinct Plans

3 General Principles for Precinct Plans

3.1 Purpose of Precinct Plans The Gillieston Heights Urban Release Area is characterised by a number of precincts or catchments due to site constraints, infrastructure provisions, existing development and land ownership.

Precinct Plans must be consistent with the Gillieston Heights Master Plan and will be prepared by developer’s and/or land owners, to the satisfaction of Council, and adopted by Council for inclusion within this Area Plan that forms part of the City Wide DCP.

Precinct Plans must be adopted by Council prior to determination of any development application for residential subdivision of land. The Precinct Plans shall be consistent with, and relate to land areas included within specific stages as shown in the adopted Staging Plan in Section 2.2.

The precincts and staging of development should considered the requirements of Council’s Citywide Section 94 Contributions Plan and other major infrastructure providers such as Hunter Water Corporation in respect to water, sewer and recycled wastewater.

3.2 Matters for Consideration in Precinct Plans In addition to any site specific issues, all Precinct Plans must include the following:

(a) a transport movement hierarchy showing the major circulation routes and connections to achieve a simple and logical movement system for vehicles, public transport, pedestrians and cyclists, including an off-road footpath/cyclepath along the entire frontage of Cessnock Road (Main Road No 195), plus internal paths and off-road shared footpath/cyclepaths

(b) an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public domain and private land, particularly adjacent to Cessnock Road (Main Road No 195),

(d) amelioration of natural and environmental hazards, including bushfire, flooding and any archaeological or site contamination constraints,

(e) identification of any significant development sites within the Gillieston Heights Urban Release Area that require detailed urban design controls,

(f) the potential school site and neighbourhood shops, including provisions for appropriate traffic management facilities and parking,

(g) amelioration measures to protect future residential development from fumes, vibration and noise generated by traffic in accordance with the relevant Department of Environment and Conservation criteria and any relevant Australian Standards,

(h) the establishment of a 20 metre landscaped buffer zone (incorporating 10 metres for road widening) on land fronting Cessnock Road (Main Road No 195) north of Russell Street, with no direct vehicular access to the land from Cessnock Road,

(i) a mixture of residential development that reflects the capabilities and constraints of the site including slope, drainage, noise and vibration, as well as bushfire risk,

Page (176) ORDINARY MEETING AGENDA 11 MAY 2010

GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.) (j) the protection of scenic values and significant vegetation on the site

(k) the estimated dwelling density or lot yields for each precinct

(l) background studies, reports, site surveys and investigations

(m) buffer areas and protection from the existing rail line, undermined areas and Cessnock Road

4 Gillieston Heights East Precinct Plan

4.1 Precinct Plan This Precinct Plan applies to land shown in Figure 3

The Precinct Plan and the following development objectives and requirements are to be read in conjunction with Part A. All development in the Gillieston Heights East Precinct is to comply with this Precinct Plan and the provisions of Part A.

All development is subject to appropriate zoning controls and the provisions of the Maitland Local Environmental Plan 1993.

4.2 Subdivision Design

Objectives Requirements

• To create a subdivision pattern that • The road pattern for the area should be reinforces the desired character and developed generally in accordance with the setting of the Gillieston Heights East concepts of the Gillieston Heights Master precinct and ensures the retention of Plan and Gillieston Heights East Precinct existing significant viable vegetation Plan responding to topography, minimising and trees. acoustic impacts, earthworks and following detailed survey and subdivision planning

• To design a layout that connects with • Development shall take into account road other Precincts, in accordance with the widening works and intersection upgrades Figure 3. identified by the Roads & Traffic Authority and in the Maitland Section 94 Contributions • To locate land uses in locations that Plan (City Wide) 2006 are generally consistent with the Gillieston Heights Master Plan (Figure • No new future lot shall have direct vehicular 2) and Council policies. access to Cessnock Road (MR No 195)

• To create lot and landscape buffers to • Pedestrian paths and cycle paths are to be the precinct edges where it abuts provided within subdivisions that link the existing development, wetlands and community facilities, open space, schools existing roads. and neighbourhood shops to existing and future residential development. Shared off- • To encourage a walkable road paths shall be located adjacent to neightbourhood throughout the precinct stormwater control corridors, open space and the collector road verges (footway). Links with other precincts are to be provided at the strategic access points on Cessnock Rd.

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GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.)

4.3 Key development sites – Commercial Centre and Community Facilities

Objectives Requirements

• To incorporate a Commercial Centre • The Commercial Centre is to have easy that provides a range of shopping and and direct pedestrian, cyclist and vehicle community support facilities and access to the surrounding residential activities commensurate with its role in a area and good visibility from the main hierarchy of centres across the Maitland access route. It is to be located local government area. generally in accordance with Figure 3.

• To create a transport hub at the • The street structure adjoining the Commercial Centre, by providing good Commercial Centre is to be designed to connectivity to the Centre for accommodate or facilitate buses and pedestrians, cyclists and public bus stops. transport. • Neighbourhood shops or commercial development within the 3(a) General Business zone is not subject to the landscape buffer requirements adjacent to Cessnock Road (MR No 195) as shown in the Eastern Precinct Plan, except for the 10 metres of road widening. Notwithstanding this, such development must include appropriate landscaping as part of the overall design

• Development, which is located adjacent to Cessnock Road (MR No 195), including the land zoned 3(a) General Business should be appropriately designed so as to provide a high quality architectural appearance with visual interest, particularly by discouraging bulky buildings and blank walls

• The school is to be located on a collector road close to the Commercial Centre to encourage use of the Centre.

4.4 Key Development Sites – Development Adjoining Cessnock Road

Objectives Requirements

• To ensure that development does not • The establishment of a 20m buffer result in significant detrimental visual (incorporating 10m for road widening impact at a key gateway to the Gillieston and a 10m landscape setback) on land Heights release area or to visually on the eastern side of Cessnock Road, prominent locations. north of Russell Street. Details of the landscape buffer is to be provided in a • To ensure that future residential landscape plan with any development development is not detrimentally application for the site. An independent impacted by road traffic noise. acoustic report shall be submitted with any DA identifying levels of impact and noise attenuating measures for future residential development in accordance with DECCW and RTA traffic noise standards.

Page (178) ORDINARY MEETING AGENDA 11 MAY 2010

GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.) • The buffer setback zone adjacent to Cessnock Road (MR No 195) should include a local subdivision street and landscaping to assist in providing separation to traffic noise and a streetscape view of the front of dwellings and landscaped gardens

• No future lot shall have direct access onto Cessnock Road (MR No.195).

• Fencing of allotments along the boundary of Cessnock Road shall be of consistent materials and colour and shall form an integral part of the landscape plan provided with the DA. Fencing shall not form a prominent element in the landscape along the road corridor.

4.5 Key Development Sites – Rural Land/Flood Fringe Interface

Objectives Requirements

• To establish an attractive visual • A perimeter road (with development on appearance of development adjoining one side only) shall be provided around rural land or flood liable land. the edge of the Precinct where it adjoins flood prone land, rural land or land • To limit potential conflicts between zoned 7(c) Environmental Protection urban and rural land. General.

• An off-road shared path shall be provided on the lower side of the perimeter road to create a continuous pathway.

• Fencing is to make a positive contribution to the visual appearance of development, and will be consistent with the objectives of this Area Plan. Fencing adjacent to the boundaries of the surrounding rural lands and visually sensitive areas shown on the Precinct Plan shall be unobtrusive, compatible with the rural character, and may include timber post and rail style. Details of fencing is required to be submitted to Council with Development Applications

• Development adjacent to rural zones and flood prone lands are to be suitably designed so as to be compatible with the existing rural landscape and setting.

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GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.)

5 Gillieston Heights West Precinct Plan

5.1 Precinct Plan This Precinct Plan applies to land shown in Figure 4

The Precinct Plan and the following development objectives and requirements are to be read in conjunction with Part A. All development in the Gillieston Heights West Precinct is to comply with this Precinct Plan and the provisions of Part A.

All development is subject to appropriate zoning controls and the provisions of the Maitland Local Environmental Plan 1993.

5.2 Subdivision design

Objectives Requirements

• To create a subdivision pattern that • Pedestrian paths and cycle paths are to be reinforces the desired character and provided within subdivisions that link the setting of the Gillieston Heights West community facilities, open space, schools precinct and ensures the retention of and neighbourhood shops to existing and existing significant viable vegetation future residential development. Shared off- and trees. road paths shall be located adjacent to stormwater control corridors, open space • To design a layout that connects with and the collector road verges (footway). other Precincts, in accordance with the Links with other precincts are to be provided Figure 4. at the strategic access points on Cessnock Rd. • To locate land uses in locations that are generally consistent with the • The subdivision layout and lot orientation Gillieston Heights West Precinct Plan should maximize privacy, private open and Council policies. space areas, solar access and energy efficiency. • To create lot and landscape buffers to the precinct edges where it abuts • The subdivision design is to provide for lot existing development, wetlands and frontages addressing streets, drainage existing roads. reserves and open space. Where this is unavoidable, boundary fencing shall be of • To ensure that development respects an open style and of consistent materials the constraints of the site. and colour.

• To encourage a walkable neightbourhood throughout the precinct

5.3 Traffic and Access

Objectives Requirements

• To ensure road design reflects the function • Road layouts, design geometry, of the road, the needs of the road user, intersections and construction should satisfy with sound engineering practice and the requirements of Council’s Subdivision connectivity to existing and future Guidelines within the City Wide DCP and the development Manual for Engineering Standards

• To provide a safe, continuous and • Development shall take into account road appropriate level of pedestrian and widening works and intersection upgrades cycleway access linking new development identified by the Roads & Traffic Authority with established urban areas, parks and and in the Maitland Section 94 Contributions public transport Plan (City Wide) 2006

• To provide a mix of on road and off road • Each development area is required to have

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GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.) cycle routes access to a minimum of one of the strategic access intersections as identified in Figure • To provide a permeable and 4. The northern development area fronting interconnected street structure to offer a Gillieston Rd is required to have access to choice of routes and distribute traffic load Vintage Drive as well as the upgraded throughout a number of connection points intersection at Gillieston Road.

• No new future lot shall have direct vehicular access to Cessnock Road (MR No 195)

• Flood free access is to be available to all proposed allotments

• Road reserve widening must be provided for lots fronting Ryans Rd and Kiah Rd in accordance with Council requirements. Reconstruction of these roads for their full length providing continuous access to the intersection points shall be undertaken in accordance with Council standards.

• Cycleways are to be provided for generally in accordance with the Gillieston Heights West Precinct Plan and Maitland Bike Plan 2005

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GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.)

5.4 Key Development Site – Land Adjoining South Maitland Railway

Objectives Requirements

• To ensure that future residential • No residential development is to occur within development is not adversely affected by 60m of the western boundary of Lot 1 DP any noise or vibration from use of the 986923. South Maitland Rail line. • A noise and vibration assessment, prepared by suitably qualified consultants, is to accompany development applications for land adjoining the South Maitland Railway.

• Appropriate noise mitigating measures are to be provided, in accordance with recommendations of the acoustic report, for any land adjoining the South Maitland Railway.

• Residential subdivision and development is to be designed so as to comply with the relevant standards and criteria for noise and vibration contained within the relevant RTA and DECCW standards at the time.

• Appropriate noise and vibration controls are to be provided by means of separating the source and receiver, including landscaping and buffers which do not detract from the streetscape and visual appearance of the area. Applying building design techniques to new housing is strongly recommended.

5.5 Key Development Site – Land Surrounding Air Services Beacon

Objectives Requirements

• To ensure the continued safe and • No part of any building within the 150m appropriate operation of the Air Services buffer of the DVOR vector shall protrude Beacon. above RL 42mAHD.

• Any landscaping of lots within the 150m buffer of the DVOR vector shall be maintained below RL42mAHD.

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GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.)

5.6 Key Development Site – Mine Subsidence Unstable Lands

Objectives Requirements

• To ensure that development is designed to • Development is not to occur within 60m of reduce the risk to people and property from the western boundary of Lot 1 DP 986923, mine subsidence and unstable land. as shown in Figure 4.

• To identify land not suitable for residential • Development is not to occur in the western development. portion of Lot 1 and 2 DP 1136352 as shown in Figure 4.

• Development on Lot 5 DP 868890 and Lots 1 & 2 DP 1136352 zoned residential 2(a) as shown in Figure 2, shall be limited to a maximum of two storey brick veneer construction unless otherwise approved by the Mine Subsidence Board.

5.7 Key Development Site – Land Fronting Cessnock Road

Objectives Requirements

• To ensure that development does not • Any development application for subdivision result in significant detrimental visual of Lot 1 DP 197680 shall make provision for impact at a key gateway to the Gillieston road connection from Cartwright Street Heights release area or to visually through the site to enable future access to prominent locations. the south of the precinct.

• To ensure that future residential • A 10m wide landscape buffer, wholly development is not detrimentally contained within the affected lots, is required impacted by road traffic noise. for lots adjoining Cessnock Rd. The landscape buffer setback is to include elements to assist with reducing traffic noise from Cessnock Rd with details provided in a landscape plan with any development application for the subject lands.

• Applications for the subdivision of land adjoining Cessnock Rd are to include an Acoustic Report identifying the level of impact in relation to RTA and DECCW standards, and appropriate noise mitigating measures.

5.8 Key Development Site – Land Adjoining Poultry Farms

Objectives Requirements

• To ensure the future surrounding • Development is not to occur in areas subject residential community are protected from to odour levels greater than 2 odour units as odour impacts from the Poultry Shed identified in the Gillieston Heights West operations. Precinct Plan, unless evidence is provided that the poultry operations have ceased.

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GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.)

Figure 3 – Gillieston Heights East Precinct Plan

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GILLIESTON HEIGHTS WEST DRAFT PRECINCT PLAN (Cont.) Figure 4 – Gillieston Heights West Precinct Plan

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10.6 AMENDMENT TO MAITLAND LEP 1993 - CHISHOLM LOCAL CENTRE - ADOPTION

File No: RZ09/004 Attachments: 1. Submissions 2. Proponent Response 3. Revised Planning Proposal Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation Monica Gibson - Manager City Strategy Author: April McCabe - Strategic Project Planner

EXECUTIVE SUMMARY

The Department of Planning determined the planning proposal for the creation of a new local centre at Chisholm through the gateway process and approved it for consultation as notified by letter dated 22 January 2010. Consultation on the draft amendment to the Maitland LEP 1993 was conducted for 14 days, as required by the gateway determination, was held from Monday 8 March and concluded on Monday 22 March 2010.

The relevant documentation was made available on Council’s website and at the Maitland and Thornton Branch Library as well as Council’s Administration Building. Notice of the exhibition period was providing in the local newspaper and on Council’s website. Adjoining property owners were notified via letter as well as R.O.I Pty Ltd (owners of Thornton Shopping Centre) who were notified as significant interest had been previously expressed to Council in relation to the planning proposal for the Chisholm Local Centre.

One (1) submission was received by Council which identified three (3) key issues. In finalising the LEP amendment to facilitate the creation of a new local centre, Council has considered the submission received. To progress the rezoning of this site and to reinforce the scale and role of Chisholm as a local centre, it is proposed that: The area zoned for commercial be reduced to 2.5ha; A 0.5:1 floor space ratio be applied to the commercial zoned area; and DCP provisions and design guidelines be prepared to ensure quality planning and design outcomes for the Chisholm Local Centre site.

OFFICER’S RECOMMENDATION

THAT

1. In accordance with s.58 of the Environmental Planning and Assessment Act 1979, Council vary the planning proposal for the Chisholm Local Centre to include the proposed FSR provisions and reduced commercial area and resubmit the planning proposal for approval by the Department of Planning; and

2. Following a revised gateway approval and in accordance with section 59 of the Environmental Planning and Assessment Act 1979, Council submit, to

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AMENDMENT TO MAITLAND LEP 1993 - CHISHOLM LOCAL CENTRE - ADOPTION (Cont.) the Department of Planning, the final proposal to amend the Maitland LEP 1993 for the creation of a new local centre at Chisholm; and

3. In accordance with s74C of the Environmental Planning and Assessment Act 1979, amendments to the Maitland Citywide Development Control Plan be prepared to incorporate design guidelines for the Chisholm Local Centre.

REPORT The purpose of this report is to:

Outline the process of consultation;

Provide a summary of issues raised through consultation; and

Recommend the appropriate zoning outcome for this proposal.

Background At the 24 November 2009 meeting, Council endorsed a planning proposal to be submitted to the Department of Planning for their consideration through the gateway planning process. The planning proposal recommended the progression of a draft amendment to Maitland LEP 1993 to facilitate the creation of a new local centre at Chisholm to support the growing residential community of Thornton North. The Department of Planning determined the planning proposal through the gateway process and approved it for consultation as notified by letter dated 22 January 2010. The gateway determination noted that the planning proposal submitted was in a form that was suitable for community consultation and that it specifically required Council:

to publicly exhibit the planning proposal for a period of 14 days;

that no consultation was required with State or Commonwealth public authorities; and

that the amending LEP be finalised within 6 months of the date of the determination.

Policy Context The creation of a new local centre at Chisholm is supported by an establish policy framework. The Thornton North Structure Plan was adopted by Council in December 2003 and subsequently endorsed by the Dept of Planning. The structure plan provides a clear vision for the creation of a new residential neighbourhood and states that “Thornton North is envisaged as a local community in harmony with its rural surrounds; a place with its own identity that is attractive to be in, and from surrounding areas” (p.12) This vision also outlines the need for a new centre to support the significant residential development. This states that “at the core will be a new local centre with local shops, a primary school and perhaps a community centre. Linking the site to

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AMENDMENT TO MAITLAND LEP 1993 - CHISHOLM LOCAL CENTRE - ADOPTION (Cont.) this centre will be a wide avenue lined with trees, forming a memorable feature and allowing extensive views to the rural surrounds” (pg 12) The preparation of the structure plan considered the impact of increased population to determine the need for additional community services and identified a range of facilities needed to support residential development, including a small group of shops and professional consulting rooms. To implement this, the structure plan identified as a key feature the creation of a central village. It is envisaged that the local centre will “consist of a small group of local shops and possibly a community centre with a pre-school / child care centre [and that it] has been centrally located along the main entrance avenue to encourage viability, vitality and close proximity to the majority of residents” The Thornton North Area Plan was prepared and adopted by Council in February 2008. This document provides detailed development controls which implement the principles and policies outlined in the Structure Plan. Within the Thornton North Area Plan, the provision of a future centre is identified as a ‘Key Development Site’ within the Waterford County Precinct (pg. 24). The objectives for this site are to: • Incorporate a future local centre that provides a range of shopping and community support facilities and activities commensurate with its role in a hierarchy of centres across the Maitland LGA; • Create a transport hub at the local centre, by providing good connectivity to the centre for pedestrians, cyclists and public transport ; and • Create a critical mass of residential dwellings close to or within the centre to provide out of hours activity. The Activity Centres and Employment Clusters Strategy was adopted by Council in January 2010, providing a framework to guide the future growth and prosperity of Maitland’s centres and employment lands for the next 20 years. The strategy aims to create high quality places, strengthen existing activity centres and employment clusters and cater for growth of centres and clusters to provide a range of facilities, services and activities to serve the needs of the Maitland community. The strategy is based on a network and hierarchy framework which supports the key objectives of the Department of Planning’s state-wide draft centres strategy and also provides a clear definition as to the vision, role and function of activity centres and employment clusters. The definition of a network (the spatial pattern of provision) and hierarchy (the role and relationship) ensure growth considers the overall network and how they interrelate. The strategy outlines a vision for the Chisholm Local Centre as being: “Located within one of Maitland’s newest residential neighborhoods’, the provision of a local centre at Chisholm is critical to the creation of a more sustainable community. The Chisholm Local Centre will provide for the convenience needs of the surrounding residents and rural areas in the north-east of the LGA.

The central location will enhance accessibility with connections to public transport, provision of an adequate road network supported by safe, pleasant pedestrian and cycleway links. Creating a place that residents can connect with and form a strong identity with is essential to ensuring Chisholm grows into a viable local centre supporting a vibrant new community”.

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AMENDMENT TO MAITLAND LEP 1993 - CHISHOLM LOCAL CENTRE - ADOPTION (Cont.) Facilitating the development of a local centre at Chisholm aims to implement Council’s policy framework for this urban release area and provide a range of convenience retail activities to cater for the ‘everyday’ needs of the surrounding residential neighbourhood. The scale, role and function of the Chisholm local centre will support the higher order Town Centre at Thornton and provide a well-designed, walkable and convenient activity centre for the new residents of Thornton North to create a strong community focal point.

In April 2010, the Department of Planning released the report ‘Promoting Economic Growth and Competition through the Planning System’. The task of this review was to “provide specific recommendations that would assist in improving opportunities for economic growth and to ensure that the planning process does not unreasonably restrict competition by creating barriers” for new entrants into the market. On 19 April 2010, the Minister for Planning, The Hon Tony Kelly MLC announced that recommendations to “increase competition and lower prices for consumers will be implemented”. This includes recommendations such as: • A Competition State Environmental Planning Policy (SEPP) be developed to clarify that competition between individual businesses is not in itself a relevant planning consideration; • Any restriction on the number of a particular type of retail store or any proximity restriction contained in a LEP or DCP is invalid; and • Considering ways to increase opportunities for competition by allowing more types of shops into centres that currently only permit ‘neighbourhood shops’;

Consultation Consultation on the draft amendment was conducted for 14 days, as required by the gateway determination and was held from Monday 8 March to Monday 22 March 2010. Notice of the exhibition period was provided in the local newspaper and on Council’s website. In addition, adjoining property owners were notified via letter. R.O.I Pty Ltd, owners of Thornton Shopping Centre, were notified as a significant interested had been previously expressed to Council in relation to the planning proposal for the Chisholm Local Centre.

The approved planning proposal and relevant supplementary information was made available electronically on Council’s website and paper copies at the Thornton and Central Maitland Branch Libraries as well as Council’s Administration building.

One (1) submission was received during the consultation period. The submission was supported by a supplementary report from an economic planning consultant. The submission and supplement are included as Attachment 1 to this report.

The proponent has provided a response to the issues raised in the submission, which is included as Attachment 2.

There were no other enquires made about the draft planning proposal.

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AMENDMENT TO MAITLAND LEP 1993 - CHISHOLM LOCAL CENTRE - ADOPTION (Cont.) A summary of key issues raised in the submission and Council’s response are provided below.

Summary of Submission and Response

One (1) submission was received by Council from Don Fox Planning on behalf of R.O.I Pty Ltd with supplementary information prepared by Leyshon Consulting. The following are the key issues outlined in the submission:

1. Total land area to facilitate the creation of a new local centre is excessive. The land area identified for rezoning to 3(a) General Business is significantly larger than that of Thornton Town Centre and could potentially accommodate development of a shopping centre more typical in scale and function with a town centre such as Thornton, Raymond Terrace Marketplace, Gowrie Street Mall, Singleton, Muswellbrook Fair and Morisset Square. If this was to occur, it would be inconsistent with Council’s strategy.

Activity centres are more than just places for commercial and retail activity. They are places where people go to socialise, access services and community facilities, to shop and to work. They provide opportunities for residents, workers and visitors to actively participate in community life and enjoy the lifestyle that the Maitland LGA has to offer.

The Chisholm Local Centre site is being developed within a new urban release area and unlike those building within existing centres, has the advantage of minimal physical constraints. This enables the local centre to be planned and designed in such a way that reflects the spaciousness desired by the community and required by Council’s established planning framework for this urban release area.

The submission provides a comparison of the total land area proposed for the Chisholm Local Centre to other larger centres (as identified above) within the wider region. However the comparison does not acknowledge the specific planning and property conditions and constraints that apply to each centre and that all the alternative centres identified have developed within an existing town centre setting where alternative built form solutions, such as taller buildings and denser development outcomes, are required.

In addition, the comparison of total land area and the potential retail floorspace has not taken into consideration the car parking, traffic infrastructure landscaping and public space requirements and the proposed mix of land uses and activities to be accommodated within the identified site at Chisholm.

2. The Gateway Determination notice issued from the Department of Planning incorrectly describes the planning proposal as being to “facilitate the creation of a new town centre” at Chisholm.

The new activity centre at Chisholm has in all documentation been categorised as a local centre and as detailed in the planning proposal, the Maitland LEP 1993 zoning outcome to facilitate the new local centre is a 3(a) General Business zone.

Council officers have spoken to the Department in regards to this drafting matter and have been advised that the description as stated on the gateway determination

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AMENDMENT TO MAITLAND LEP 1993 - CHISHOLM LOCAL CENTRE - ADOPTION (Cont.) notice does not affect the validity of the determination and the progression of the planning proposal.

3. The timing for the rezoning and potential development of the Chisholm Local Centre is premature given the early stage of residential subdivision and development in Thornton North and the imposed cap of residential lots in relative to the provision of necessary infrastructure.

To date, land accommodating a total of 2,500 lots has been rezoned as a part of the stage 1 release of the Thornton North urban release area, with further LEP amendments currently progressing. Throughout the preparation of the Thornton North planning framework, the need for a new local centre to support the increased residential population of the Thornton North urban release area is clearly established. The role of the Chisholm Local Centre relative to the Thornton Town Centre has remained constant.

The approval of residential subdivisions in the Thornton North urban release area is subject to the provision of infrastructure and plans are in place to ensure the required delivery of local and regional infrastructure to service the site.

Council and other infrastructure providers are continuing to progress the development of this urban release area through the:

Investment of $20 million by Hunter Water in water, sewer and recycled water infrastructure specifically to service the area; and

The completion of regional transport infrastructure such as the Weakleys Drive intersection.

The rezoning of land for the purpose of a new local centre, which is required to service the eventual population of this urban release area, is not considered premature, rather it is a proactive step towards the logical implementation of the Thornton North Structure Plan and the vision of Council’s adopted land use strategies.

Proposed variations to Planning Proposal There is strong policy and strategic support for the Chisholm Local Centre to provide a mix of commercial, residential, community activities within an accessible and vibrant activity centre. In consideration of the issues identified and the desired outcome for this activity centre, it is proposed that two (2) variations to the planning proposal be made prior to its finalisation. 1. It is recommended that the area to be zoned 3(a) General Business for the proposed Chisholm Local Centre be reduced from 3.2ha to 2.5ha. This size reduction is proposed to ensure that a suitable area for the commercial uses of the activity centre can be provided, with community and residential outcomes to occur within the existing residential zone. Amendments to the Thornton North Area Plan within the Maitland Citywide DCP can be prepared to ensure that the policy and design outcomes of the Chisholm Local Centre can be addressed. 2. It is recommended that a 0.5:1 floor space ratio (FSR), specific only to the Chisholm Local Centre be applied to the area zoned 3(a) General Business.

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AMENDMENT TO MAITLAND LEP 1993 - CHISHOLM LOCAL CENTRE - ADOPTION (Cont.) Clause 22 of the Maitland LEP 1993 sets out the FSR for commercially zoned land in Maitland. Land that is zoned 3(a) General Business has a 2:1 FSR. It is proposed to establish a reduced FSR for the Chisholm Local Centre to respond to the spacious character of the area and to ensure that the scale of this activity centre reflects its role as a local centre within the Maitland LGA.

Progression of Planning Proposal

If the recommended variations are adopted by Council, the Chisholm planning proposal would need to be revised and be resubmitted to the Department of Planning under s.58 of the EP&A Act 1979 for approval and continuation through the gateway process. A revised planning proposal is attached to this report (Attachment 3), with revisions marked in underlined text. Once the revised approval is gained, Council officers will forward the final planning proposal to the Department of Planning for the drafting of the legislation. The legislation will then be sent for approval of the Minister for Planning to amend the Maitland LEP 1993 for the creation of a new local centre at Chisholm.

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

POLICY IMPLICATIONS This amendment to Maitland LEP 1993 continues the implementation of the Thornton North Structure Plan and is consistent with the desired role of the Chisholm Local Centre within Council’s adopted Activity Centres and Employment Clusters Strategy. Therefore this matter supports the implementation of the established planning policy for the Thornton North Urban Release Area.

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

This report recommends an approach that is consistent with the Environmental Planning and Assessment Act 1979.

CONCLUSION The provision of a local centre in this location will provide a range of convenience retail activities to cater for the ‘everyday’ needs of the growing residential neighbourhood of Thornton North and to provide a community focal point. The mix of uses and activities reflects Council’s stated desired future outcome for this new centre as outlined in the Activity Centres and Employment Clusters Strategy. The anticipated planning and design outcomes for the site can continue to be achieved with the recommended variations to the planning proposal. Together with new DCP provisions and design guidelines, a mix of activities will be supported and encouraged within a vibrant, well-designed and accessible local centre, supporting the new residents of Chisholm and providing future opportunities for the location of small business enterprises and economic growth.

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AMENDMENT TO MAITLAND LEP 1993 - CHISHOLM LOCAL CENTRE - ADOPTION (Cont.) The preparation and approval of this amendment to Maitland LEP 1993 is the next stage of rezoning for the Thornton North urban release area and is critical to implementing the aims of the Thornton North Structure Plan and ensure the sustainable development of this urban release area.

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AMENDMENT TO MAITLAND LEP 1993 - CHISHOLM LOCAL CENTRE - ADOPTION (Cont.)

Service Planning and Regulation Reports

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Submissions

Meeting Date: 11 May 2010

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Proponent Response

Meeting Date: 11 May 2010

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Service Planning and Regulation Reports

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Revised Planning Proposal

Meeting Date: 11 May 2010

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AMENDMENT TO MAITLAND LEP 1993 - CHISHOLM LOCAL CENTRE - ADOPTION (Cont.)

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AMENDMENT TO MAITLAND LEP 1993 - CHISHOLM LOCAL CENTRE - ADOPTION (Cont.)

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AMENDMENT TO MAITLAND LEP 1993 - CHISHOLM LOCAL CENTRE - ADOPTION (Cont.)

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AMENDMENT TO MAITLAND LEP 1993 - CHISHOLM LOCAL CENTRE - ADOPTION (Cont.)

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AMENDMENT TO MAITLAND LEP 1993 - CHISHOLM LOCAL CENTRE - ADOPTION (Cont.)

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AMENDMENT TO MAITLAND LEP 1993 - CHISHOLM LOCAL CENTRE - ADOPTION (Cont.)

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AMENDMENT TO MAITLAND LEP 1993 - CHISHOLM LOCAL CENTRE - ADOPTION (Cont.)

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AMENDMENT TO MAITLAND LEP 1993 - CHISHOLM LOCAL CENTRE - ADOPTION (Cont.)

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AMENDMENT TO MAITLAND LEP 1993 - CHISHOLM LOCAL CENTRE - ADOPTION (Cont.)

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AMENDMENT TO MAITLAND LEP 1993 - CHISHOLM LOCAL CENTRE - ADOPTION (Cont.)

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AMENDMENT TO MAITLAND LEP 1993 - CHISHOLM LOCAL CENTRE - ADOPTION (Cont.)

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10.7 REVIEW OF THE MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITYWIDE 2006 FOR THE GILLIESTON HEIGHTS CATCHMENT AREA

File No: 103/41/10 Attachments: 1. Proposed amendments to the Maitland Section 94 Contributions Plan Citywide 2006 Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation Monica Gibson - Manager City Strategy Author: Amanda McMahon - Development Contributions Coordinator

EXECUTIVE SUMMARY

In April 2006 Council resolved to adopt the ‘Maitland Section 94 Contributions Plan City Wide 2006’. The plan enables developer contributions to be levied on residential development within the Maitland Local Government Area and provides for specific additional contributions to be applied on a catchment basis, for the provision of services and amenities within that particular development catchment.

One such development contributions catchment area within the plan is the Gillieston Heights Contributions Catchment. The catchment area contains the Gillieston Heights Urban Release Area and levies for additional roadworks and cycleways required solely as a result of development within the catchment area.

Recent LEP amendments and current draft LEP amendments have increased the amount of land in the adopted Gillieston Heights Urban Release Area. As a result, it is both timely and necessary to review the boundaries of the Gillieston Heights catchment area and the works required specifically for the development catchment within the Citywide S94 plan.

The revised Maitland Section 94 Contributions Plan City Wide 2006 is now presented to Council for consideration with a recommendation to proceed to public exhibition.

OFFICER’S RECOMMENDATION

THAT

1. Pursuant to Clause 28 of the Environmental Planning and Assessment Regulation, Council exhibit the Draft Amendments to the Maitland Section 94 Contributions Plan Citywide 2006 for the Gillieston Heights Urban Release Area for a minimum of 28 days. 2. A further report be presented to Council outlining the results of the exhibition process.

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REVIEW OF THE MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITYWIDE 2006 FOR THE GILLIESTON HEIGHTS CATCHMENT AREA (Cont.) BACKGROUND The Maitland Section 94 Contributions Plan City Wide 2006 was adopted by Council in April 2006, becoming effective in May 2006. The plan enables developer contributions to be levied on residential development within the Maitland Local Government Area and provides for additional contributions to be applied on a catchment basis, specifically for the provision of services and amenities within the identified development catchment.

One of the development contributions catchment area within the Section 94 plan is the Gillieston Heights Contributions Catchment. This catchment area is based on the Gillieston Heights Urban Release Area (URA) and currently levies for the construction of two signalised intersections on Cessnock Road and a cycleway / shared path from the URA back to Maitland Train Station. These works are required solely as a result of development within the Gillieston Heights catchment area.

PROPOSED AMENDMENTS TO SECTION 94 PLAN Boundary Adjustment

Recent LEP amendments and current draft LEP amendments have altered the adopted boundary of the Gillieston Heights URA, including additional land west of Cessnock Road, both to the north and south of the existing catchment boundary as identified in the section 94 plan. (Refer to Figure 1 below)

Figure 1 : Proposed Amendments to the Gillieston Heights Catchment Area

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REVIEW OF THE MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITYWIDE 2006 FOR THE GILLIESTON HEIGHTS CATCHMENT AREA (Cont.) The development of the additional land is dependent on the access provided by the construction of the signalised intersections at Vintage Drive and Heyes Street, and will also increase the demand for a cycleway / shared path to connect Gillieston Heights to Maitland Park. These infrastructure works are already included within the Section 94 plan for the Gillieston Heights catchment, and it is appropriate to amend the Gillieston Heights catchment area within the Plan to include the additional land now contained within the Gillieston Heights URA. The proposed Gillieston Heights catchment area (page 12 of the Section 94 plan) is shown as an attachment to this report.

It is anticipated that an additional 430 lots will be provided within the catchment area from the amendment to the boundary.

Road and Traffic Facilities

As part of the consultation during the rezoning, the RTA requested that Cessnock Road be restricted to left in / left out only or closed at all existing and proposed intersections through Gillieston Heights, from Gillieston Road to south of Russell Street. The only exceptions would be the intersections of Vintage Drive and Heyes Street (4-way signalised intersections), Gillieston Road (CHR type intersection ) and Scenic Drive (seagull intersection).

Works required to achieve this outcome would include the construction of a central concrete median along Cessnock Road and closure of some side streets including the reinstatement of footpaths, nature strips and suitable landscaping. These works are required directly as a result of development within the Gillieston Heights URA.

It is proposed that this work be included as an item within the works schedule for the Gillieston Heights catchment area. Amendments to the Section 94 Plan to achieve this are shown on pages 46, 62 and 75 included as an attachment to this report.

It is proposed that this work would be funded through additional contributions received into the plan through the additional lots resulting from the proposed boundary amendment. In this way the proposed amendments do not alter existing contributions required for Gillieston Heights Road and Traffic Facilities which are currently $3,440 per lot.

Cycleways

As part of this review, the cost estimate for the proposed cycleway / shared path has been re-evaluated in accordance with current construction costs. The estimate to construct the works has doubled from $550,000 to $1.1M. With the inclusion of the proposed additional land within the catchment area it is estimated that only $760,000 in developer contributions will be received without significantly increasing contributions required for Gillieston Heights Cycleways from future development within the Gillieston Heights URA.

Whilst it is acknowledged that the contributions received will not be sufficient, it is not considered fair or reasonable to levy future development within the catchment area at a significantly higher rate than the development that has been levied under the current rates, in order make up the shortfall in funds. Rather, it is proposed that the

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REVIEW OF THE MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITYWIDE 2006 FOR THE GILLIESTON HEIGHTS CATCHMENT AREA (Cont.) scope of works will be reviewed over time to ensure that the cycleway / shared path can be constructed within the limits of the funds received. Alternatively, other sources of funding could be sourced to make up the shortfall.

The proposed amendments to the Section 94 Plan for the revised cycleway estimate are shown on pages 51,53 and 73 included as an attachment to this report. The amended figure of $702,530 shown on these pages is the 2006 figure, prior to indexation, for consistency. There is no change to the contributions proposed for Gillieston Heights Cycleway which is currently $468 per lot.

Recreation and Open Space

It is acknowledged that, as a result of the additional population within the Gillieston Heights Catchment area, an additional local playground will be required within the Gillieston Heights URA. The preferred location for this playground, which will be included in a future Gillieston Heights Precinct Plan, is within the northern area of the western precinct (Gillieston Road).

This playground is not currently included within the works schedule of the Section 94 Plan. It is proposed that a Material Public Benefit Agreement be negotiated with the developer to make provision for this local playground. Details of such an agreement would be subject of a separate report to Council at a later stage.

CONCLUSION The proposed amendments to the Maitland Section 94 Contributions Plan City Wide 2006 will provide funding for essential infrastructure required as a result of the development of the Gillieston Heights Urban Release Area.

Therefore the proposed amendments to the section 94 plan for the Gillieston Heights catchment area are now presented to Council for consideration with a recommendation to proceed to public exhibition.

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

It is anticipate that the proposed amendments will not have a net effect on the cash flow or funds received under the Section 94 Plan.

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

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REVIEW OF THE MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITYWIDE 2006 FOR THE GILLIESTON HEIGHTS CATCHMENT AREA (Cont.)

Service Planning and Regulation Reports

REVIEW OF THE MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITYWIDE 2006 FOR THE GILLIESTON HEIGHTS CATCHMENT AREA

Proposed amendments to the Maitland Section 94 Contributions Plan Citywide 2006

Meeting Date: 11 May 2010

Attachment No: 1

Number of Pages: 7

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REVIEW OF THE MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITYWIDE 2006 FOR THE GILLIESTON HEIGHTS CATCHMENT AREA (Cont.)

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REVIEW OF THE MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITYWIDE 2006 FOR THE GILLIESTON HEIGHTS CATCHMENT AREA (Cont.)

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REVIEW OF THE MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITYWIDE 2006 FOR THE GILLIESTON HEIGHTS CATCHMENT AREA (Cont.)

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REVIEW OF THE MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITYWIDE 2006 FOR THE GILLIESTON HEIGHTS CATCHMENT AREA (Cont.)

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REVIEW OF THE MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITYWIDE 2006 FOR THE GILLIESTON HEIGHTS CATCHMENT AREA (Cont.)

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REVIEW OF THE MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITYWIDE 2006 FOR THE GILLIESTON HEIGHTS CATCHMENT AREA (Cont.)

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REVIEW OF THE MAITLAND SECTION 94 CONTRIBUTIONS PLAN CITYWIDE 2006 FOR THE GILLIESTON HEIGHTS CATCHMENT AREA (Cont.)

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10.8 MAITLAND LOCAL STUDIES STRATEGY

File No: 86/28 Attachments: 1. Final Strategy Report (under seperate cover) Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation Lynn Morton - Manager Community and Recreation Services David Simm - Manager Development & Environment Author: Keryl Collard - City Librarian Clare James - Heritage Officer

EXECUTIVE SUMMARY

The Maitland Local Studies Strategy presents a new vision for the management of the City’s documentary historical resources.

It seeks to develop and support a community network of agencies, groups and individuals interested and involved in the City’s heritage. This will be achieved through the provision of a centralised database for electronic access to Maitland’s diverse historical resources, and the generation of best practice management and preservation guidelines.

The strategy has been developed over a period of approximately twelve months with the assistance of a community consultative group who have met with Council officers on a monthly basis.

A Project Report has been produced which details the development of the Local Studies Strategy, provides an analysis of local history provision, presents a vision for the City’s documentary resources and sets out an action plan for the implementation of the Strategy over a five year time frame.

OFFICER’S RECOMMENDATION

THAT the Maitland Local Studies Strategy be adopted in principle, with implementation subject to available resources and grant funding.

BACKGROUND

A report was presented to Council in March 2009 which supported the development of a strategic framework to provide direction for the management and preservation of Maitland’s documentary heritage.

The objectives of the project were to establish and facilitate partnerships with individuals, groups and organisations that hold documentary material of significance to the history and heritage of Maitland. In addition, it was the objective to identify best practice management guidelines for the development, conservation, access, storage and promotion of collections.

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MAITLAND LOCAL STUDIES STRATEGY (Cont.) At the outset of the project, extensive research was undertaken to in order to design a suitable project format. With the exception of a small number of overseas examples, the inclusive, broad community-based approach to the management of local history appeared to have little precedent. While Maitland City Library currently manages a central repository of local archival material, valuable collections are known to have been developed throughout the community by other organisations and individuals. It was considered a priority to generate a community-based network and harness the community knowledge base available on local history.

REPORT

PROCESS

A community based working group was convened at the commencement of the project consisting of skilled individuals with relevant local historical research experience.

The group consisted of:

Cameron Archer Tocal Agricultural College Ann Campbell Maitland Family History Circle Keryl Collard City Librarian, MCC Joe Eisenberg Cultural Director, MCC Cynthia Hunter Historian Clare James Heritage Officer, MCC Ruth Trappel Maitland Historical Society Brian Walsh Tocal Agricultural College Janis Wilton University of New England Peter Woodley Information Systems Coordinator, MCC

The objectives of the group, who met on a monthly basis, were to guide the development of the Strategy. This involved creating a shared vision for the development and management of the City’s documentary heritage, including identification of the existing provision of resources held by Council, community groups, organisations, and individuals. In addition, the group considered how the collections could be integrated into a coordinated strategy which addresses development, management, access and preservation issues.

Given the importance of linking the Strategy to genuine local issues, a detailed survey was formulated by the project group and distributed to 124 user groups. There was a generally poor return rate of the survey, and as a result ongoing consultation with user groups has been integrated into the implementation plan for the Strategy. The results of the survey are critical to the proposed generation of a database and local studies website, which will provide a single entry point for locating historical information about Maitland.

The project endeavoured to consult with all agencies holding material relevant to the City of Maitland. As a result, and with the assistance of the project group, a vision to guide the future development and management of documentary history and heritage was determined as follows:

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MAITLAND LOCAL STUDIES STRATEGY (Cont.) The Maitland Local Studies Strategy will seek to develop and support a community network of agencies, groups and individuals interested and involved in the City’s heritage. This will be achieved through the provision of a convenient and centralised base for electronic access to Maitland’s diverse historical resources, and the generation of best practice management and preservation guidelines.

The Maitland Local Studies Strategy Final Report was prepared by Council Officers who participated in the project group. In addition to presenting the Maitland Local Studies Strategy, the report provides a detailed outline of the methodology and development of the Strategy, an analysis of survey results, conclusions drawn from the data analysis, and an action plan for the Strategy’s implementation.

KEY OUTCOMES

A series of seven key areas, with timeframes for implementation, have been identified to assist in making the Maitland Local Studies Strategy vision a reality.

1. Developing a shared vision for the development and management of the city’s documentary heritage (2009- 2010)

2. Understanding and documenting the extent of local history and heritage resources (2009-2010)

3. Establishing a single electronic gateway to local history and heritage resources (2010-2012 - subject to future grant funding)

4. Making best practice standards for access to and preservation of resources available to all stakeholders (2010-2012)

5. Establishing partnerships between community groups, government departments, organisations and individuals (2009-2014)

6. Capitalising on opportunities for the creation of digital content (2011-2014)

7. Facilitating research, funding and marketing of local studies resources for the City of Maitland (2011-2014)

Highlights of the Strategy are identified below.

Development of an Electronic Gateway to Historic Resources

One of the principal aims of the Strategy is to create a database and local studies website to provide a single entry point for locating historical information about Maitland. The establishment of an electronic gateway is pivotal to the establishment of shared access to Maitland’s local history. Grants to assist in this part of the strategy have been investigated. An application under the Building Community Partnerships was unsuccessful in 2009, but as a result of this process, clear and very specific requirements have been developed which will be applied to future grant applications.

The database and website will be designed to service the community at large with equitable and wide access to resources of historical significance. It will provide

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MAITLAND LOCAL STUDIES STRATEGY (Cont.) assistance to community groups in the management and preservation of their records and will build opportunities for networking and partnerships.

Importantly, electronic access to the City’s historical photographic collection will also be provided for the first time.

Best Practice Guidelines

The Strategy proposes the development of best practice standards for the preservation of documentary and photographic resources. They will be developed to address issues and concerns expressed by local organisations and will have important application as an educational resource. A successful application was made in 2009 by Maitland City Council under the Powerhouse Museum Regional Services program. This will result in specialist expertise from the Sydney Powerhouse Museum being made available to assist in the development of best practice standards for the care, handling and storage of photographs and disaster management.

Connections Newsletter

A newsletter will be produced on a quarterly basis and circulated to community groups from a broad range of backgrounds. The purpose of the newsletter is to maximise access to information about the care and management of local collections.

It is envisaged that the newsletter will be used as a central vehicle for the realisation of a number of the Strategy objectives.

IMPLEMENTATION

The Local Studies Strategy will operate under a 5 year framework, with Maitland City Library driving the implementation of actions. It is anticipated that project groups, including Council Officers, stakeholders and service providers, will be established to administer and achieve specific actions, such as a coordinated approach to annual History and Heritage Week events.

CONCLUSION The Maitland Local Studies Strategy will have relevance to individuals, community groups and organisations who manage documentary material relating to the history of Maitland. Through the proposed development of a ‘gateway’ database and website, it will provide a resource for researchers, historians, and students locally, nationally and internationally.

FINANCIAL IMPLICATIONS The major proportion of the Strategy has no financial implications for Council. It will be implemented through the actions of Maitland City Library and the Maitland Heritage Officer in developing networks, managing resources and establishing guidelines.

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MAITLAND LOCAL STUDIES STRATEGY (Cont.) It is proposed to seek grant funding and/or sponsorship for the amount of $50,000 to develop a web-based database to facilitate access to the scope, subject and location of resources held by stakeholders throughout the community. This will include a website which will have wide application for researchers and further development of resources. Development of the database and website is subject to available grant and/or sponsorship funding.

Additionally, a range of external funding options in the form of grants and sponsorship will be pursued as part of the Strategy to facilitate the creation of local studies content.

The production of the quarterly Connections newsletter includes a printing cost estimated at $2,500 per annum. It is proposed that printing costs will be sourced from current operational budgets within the Library and the Heritage/Conservation Sections.

POLICY IMPLICATIONS The Local Studies Strategy has implications for the Maitland City Library Collection Development Policy, as well as the access policies of distributed collections held by stakeholders. The Library’s Collection Development Policy is currently under review and criteria for the selection of local studies resources will be incorporated into the revised document. Access to distributed collections will be determined by the organisation, group or individual owning and maintaining the collection.

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

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11 ASSETS AND INFRASTRUCTURE PLANNING REPORTS

11.1 GREEN STREET PROGRAM

File No: 122/938/2 Attachments: 1. Rutherford Green Street Concept Plan Responsible Officer: Chris James - Group Manager Assets & Infrastructure Planning Author: Kevin Stein - Manager Design and Technical Services

EXECUTIVE SUMMARY

Housing NSW has launched a “Green Street” program to improve the environment around public housing areas. As part of the program a site in Alexandra Avenue, Rutherford has been identified. Housing NSW is seeking agreement with Council to facilitate delivery of the project involving the planting and maintenance of advanced tree species.

OFFICER’S RECOMMENDATION

THAT

1. Council enter into an agreement with Housing NSW for the Green Street Project in Alexandra Avenue, Rutherford; 2. Council provide as part of the project up to two plants per household as part of the Council greening program.

REPORT In November 2009, the Green Street Program was launched as a new Housing NSW $30 million program to improve the environment around many public housing areas. The projects include planting street trees in selected main streets, community gardens, and neighbourhood parks. The aim of the scheme is to improve the aesthetics of an area and have a positive impact on the quality of life in social housing. It also has the positive environmental benefit of reducing CO² in the atmosphere. Housing NSW has identified a potential site being Alexandra Avenue, Rutherford: a copy of the concept plan is included in the attachments. To progress the project, Housing NSW has initiated discussions with Council and wishes to enter into a Memorandum of Understanding with Council. The project will be undertaken by Housing NSW which will involve community consultation, design, supply, planting, and maintenance of the trees for a 12-month period. The $350,000 cost of the project will be met by Housing NSW which has requested that Council contribute an additional number of plants that will be given to residences within the area to plant in front yards to enhance the greening project. These plants will be sourced from part of Councils annual greening program and is estimated to be approximately 150 plants.

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GREEN STREET PROGRAM (Cont.) The trees to be planted within the street will be advanced species, 200 to 400 litres in size. Housing NSW in conjunction with Council will undertake consultation with the community. Council will be consulted on both the location and species of the trees to be planted. During the twelve month maintenance period, Housing NSW will be responsible for the watering and general maintenance of the trees and replacement of damaged or vandalized trees. Following the maintenance period, the trees will become a Council asset and the ongoing maintenance will be Council responsibility in line with Councils current maintenance practices. Housing NSW proposes to plant the trees in May/June 2010.

CONCLUSION The Housing NSW proposal is a large scale project with the potential to realise significant positive environmental and visual benefits for the local residents and the broader community. It will enhance the streetscape of Alexandra Avenue and surrounding area. The scheme as proposed by Housing NSW will not impact on Council existing programs or service. The majority of the project is on Councils roads and parks and accordingly Council approval is required for the project to proceed. It is recommended that Council enter into an agreement with Housing NSW to implement the Green Street Scheme in Alexandra Street, Rutherford.

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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GREEN STREET PROGRAM (Cont.)

Assets and Infrastructure Planning Reports

GREEN STREET PROGRAM

Rutherford Green Street Concept Plan

Meeting Date: 11 May 2010

Attachment No: 1

Number of Pages: 1

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GREEN STREET PROGRAM (Cont.)

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11.2 JOHNSTON RESERVE, MOUNT PLEASANT STREET - PROPOSED TRAFFIC CALMING

File No: 140/5 Attachments: 1. Proposed Traffic Calming Plan Responsible Officer: Chris James - Group Manager Assets & Infrastructure Planning Stephen Hawes - Manager Infrastructure Planning and Administration Scott Henderson - Infrastructure Planning Engineer Author: Kenneth Splatt - Traffic Officer

EXECUTIVE SUMMARY

At the Ordinary Council Meeting held 14 April 2009, Council resolved to investigate the installation of speed humps on the approaches to Johnston Reserve Maitland, as a means to reducing the incidence of anti-social behaviour in the area. The investigation has confirmed that speed humps and signage are the most suitable measures at this time to address the issue.

Council will also request additional surveillance by the Police to coincide with the installation together with monitoring by Council Rangers.

OFFICER’S RECOMMENDATION

THAT speed humps with associated signage and linemarking be installed on Mount Pleasant Street at both approaches to the adjacent Johnston Reserve.

REPORT This report is submitted for Council approval to undertake works. At its Ordinary Meeting held on 14 April 2009, Council considered a report on a petition from residents in Mount Pleasant Street, Maitland, regarding the misuse of playing fields located on Johnston Reserve. The petition cites that playing fields are being vandalised by cars driving on the playing surfaces and that there are noise and traffic issues associated with this activity.

Council resolved:

THAT

1. Council investigate the installation of speed humps on the approaches to the reserve; installation of appropriate signage at these points indicating the prohibited uses on the reserve; and the reinforcing of the signage by appropriate markings on the road. 2. Council request additional police patrols and Council surveillance. 3 Cost effective fencing be considered for inclusion in future Capital Works Programs.

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JOHNSTON RESERVE, MOUNT PLEASANT STREET - PROPOSED TRAFFIC CALMING (Cont.) Council officers have investigated the use of speed humps as a visible reminder that vehicles are entering a playing field area where children are likely to be playing. This will be reinforced with the addition of signage which also indicates the prohibition of vehicles on the playing fields.

The Local Traffic Committee has recommended the installation of speed humps and other regulatory signage as reported to Council on 27 April 2010.

Once the appropriate signage and speed reduction measures are in place, Council officers will liaise with Police and Council rangers regarding surveillance of the area.

Investigations are continuing into cost effective fencing to be considered for inclusion in future programs.

RECOMMENDATION It is recommended that speed humps, with associated signage and linemarking, be installed on each approach to Johnston Reserve on Mount Pleasant Street as shown on the attached plan.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates. Funding is available in the Traffic Facilities Program area to undertake these works.

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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JOHNSTON RESERVE, MOUNT PLEASANT STREET - PROPOSED TRAFFIC CALMING (Cont.)

Assets and Infrastructure Planning Reports

JOHNSTON RESERVE, MOUNT PLEASANT STREET - PROPOSED TRAFFIC CALMING

Proposed Traffic Calming Plan

Meeting Date: 11 May 2010

Attachment No: 1

Number of Pages: 1

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JOHNSTON RESERVE, MOUNT PLEASANT STREET - PROPOSED TRAFFIC CALMING (Cont.)

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12 FINANCE AND ADMINISTRATION REPORTS

12.1 FACEBOOK FOR MAITLAND CITY COUNCIL

File No: 111/2 Attachments: 1. Facebook page and demographics Responsible Officer: Rachel MacLucas - Manager Tourism Author: Emma Shanks - Public Relations Officer

EXECUTIVE SUMMARY

This report evaluates Maitland City Council’s six month trial of the social networking site FACEBOOK and recommends that council continue to use the site permanently.

OFFICER’S RECOMMENDATION

THAT Council continue to use FACEBOOK permanently as an informal communication tool and continually research and investigate the use of other relevant social networking sites as appropriate.

And that the status of the ‘Maitland City’ Facebook page is updated to Council in a quarterly media report.

REPORT In recent years e-social networking sites such as FACEBOOK have become a popular medium for communication amongst people aged 10 – 54 years.

Maitland City Council has been trialling the use of FACEBOOK as a way of entering the e-social networking arena.

‘Maitland City’ is the council’s FACEBOOK page name and it is updated daily by the Economic Development and Marketing Officer.

The daily updates include:

• ‘Status up-dates’ about news and community events

• Pictures of recent events

• ‘news alerts’ about any relevant information or news at Council

• Informal event invitations

• Updated information about the latest ‘road closures’ or community announcements

• A ‘posting wall’ where ‘fans’ of the Council can comment on upcoming events, pictures, news and planning

• Give-aways including tickets to various council hosted events

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FACEBOOK FOR MAITLAND CITY COUNCIL (Cont.) The ‘Maitland City’ page currently has 472 fans and is continuing to grow each week. Please refer to attachment 1. for demographic information. Fans regularly interact with the page, leaving positive comments and community updates, as well as uploading their own photos and entering various council give- away competitions. A small selection of comments/posts:

• post: Westpac Rescue Helicopter Service --Maitland Volunteer Group, is always looking for new volunteers -- are you interested ?? Post a message – Peter.

• post: Celebrate Youth Week in Maitland at Hunter Impro Network's Youth Week Impro Workshop - Sunday 11th April

In response to the Tourism Campaign TV ad: • comment: Loving the Hunter Valley, the best place to live!

In response to the Maitland TASTE Festival: • comment: eat drink sooooooooo much to do you gotta luv it!

In response to the Maitland Library VOCAL program: • comment: excellent concept!

Overall, the page receives positive and constructive comments from its fans and the general public. No controversial or inappropriate comments have been made to date.

CONCLUSION Maitland City Council’s FACEBOOK page, ‘Maitland City’ has been well received in the community and is proving to be a useful and cost effective communications tool for Maitland City Council.

FACEBOOK offers a contemporary method of engagement to community members including those who may not easily or actively be engaged in other ways. It also highlights Maitland City Council as progressively moving towards and embracing new communication technologies.

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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FACEBOOK FOR MAITLAND CITY COUNCIL (Cont.)

Finance and Administration Reports

FACEBOOK FOR MAITLAND CITY COUNCIL

Facebook page and demographics

Meeting Date: 11 May 2010

Attachment No: 1

Number of Pages:

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FACEBOOK FOR MAITLAND CITY COUNCIL (Cont.)

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FACEBOOK FOR MAITLAND CITY COUNCIL (Cont.)

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FACEBOOK FOR MAITLAND CITY COUNCIL (Cont.)

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12.2 TOURISM EVENTS

File No: 139/6 Attachments: Nil Responsible Officer: Graeme Tolhurst - Group Manager Finance and Administration Author: Rachel MacLucas - Manager Tourism

EXECUTIVE SUMMARY

The purpose of this report is to provide Council with the outcome of the 25th Hunter Valley Steamfest and detail the planning process for 2011. The report further outlines plans and progress on the development of two new tourism events within the City – the World’s Biggest Sleepover and Doggy Fun Day.

OFFICER’S RECOMMENDATION

THAT

1. The report be received and noted. 2. The shortfall of $9,000 be included as an addition to the Management Plan for 2009/2010. 3. Council recognise the contribution of the many volunteers, staff and their partners as integral to the success of Hunter Valley Steamfest. 4. Council endorse new dates for the World’s Biggest Sleepover and the development and organisation of Doggy Fun Day.

REPORT 1. Hunter Valley Steamfest

The 25th annual Hunter Valley Steamfest was held in Maitland from 17 – 18 April 2010. The event again centred around the Maitland Railway Station, Church Street, Maitland Park and the Steamfest Rally Ground. A range of sites around the City also hosted activities including the Federation Centre, St Mary’s Church, Grossman and Brough Houses, Richmond Vale Railway and Mining Museum and Morpeth.

For the 25 year celebrations, Steamfest featured all the regular range of activities including steam and vintage diesel train excursions, traction and portable engine displays, Powerhouse Museum exhibition, market stalls, street entertainment, amusements, Show ‘n’ Shine in Maitland Park, miniature and trackless train rides as well as helicopter rides.

In addition to these regular activities a number of new initiatives were instigated including a stage in the station forecourt with a live entertainment program throughout the weekend, historic guided tram tours, guided heritage walking tours, kids adventureland, the Powerhouse Museum speakers program and the Grand Parade on the Steamfest Rally Ground.

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TOURISM EVENTS (Cont.) Another initiative that was undertaken in conjunction with the Maitland Historical Society was the development and publication of the 25 year history of Hunter Valley Steamfest.

Around 100 members of the community offered their time and service as members of the “Steam Team” and were essential to the successful operation of the Festival. These volunteers along with staff and their partners banded together as a united team working long hours to create a fun, friendly and enjoyable weekend. In recognition of their efforts a Steamfest After Party is being held in the Maitland Gaol Auditorium on 6 May, which will include finger food, entertainment as well as presentation of service certificates to all volunteers. For those who have served five years with Steamfest they will also receive their five year service badge.

In addition to these volunteers there are a number of organisations that were particularly helpful in planning the 2010 program. These include: Steamfest Planning Group, Working Group, RailCorp, Australian Rail Track Corporation (ARTC), Heritage Express and the Powerhouse Museum and their input was integral to the events success.

Particular areas of note relating to the 2010 event include:

Rail Services

In 2010 there were three providers of rail services at Hunter Valley Steamfest: Heritage Express (NSW Rail Transport Museum), the Rail Motor Society from Paterson and CityRail. These operators supplied a variety of locomotives including: steamers 3526, 3642 and for the first time the recently restored and Powerhouse Museum owned 3265, CPH vintage diesels and the CityRail Hunter cars.

Over 35 excursions were offered visiting Newcastle, Broadmeadow, Dungog, Paterson and Branxton.

The following table shows the availability of seats, seats taken and overall occupancy rate for steam and vintage diesel trains in 2009 and 2010.

Year Seats Available Seats Taken Occupancy

2009 5,870 3,274 55.7%

2010 6,179 4,792 84.2%

For the first time family tickets were offered at Steamfest with 16% of tickets sold falling into this category.

Great Train Race Triple Parallel Run

The highlight of the weekend was undoubtedly the Great Train Race Triple Parallel Run, which was held on Sunday morning and involved three steam locomotives (3265, 3642 and 3526) racing against two Tiger Moth aircraft from the Royal Newcastle Aero Club from Hanbury Junction in Newcastle to High Street Station in Maitland.

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TOURISM EVENTS (Cont.) This excursion had arisen from an idea from a community member around the time of the 2009 event to attempt to have a Quadruple Parallel Run. A proposal was sent to key stakeholders including coal companies, RailCorp and the ARTC. Despite signs of encouragement from all parties, safety and logistical considerations meant that the Quad Run was not feasible for 2010. However ARTC agreed to entertain the idea of the Triple Parallel Run and once formal approval was received their support was overwhelming.

The triple parallel run used the main down, coal down and up main lines, with all freight and coal traffic held back on the up coal line for the duration of the excursion. This effectively meant that both ARTC and CityRail Hunter had to halt their services for approximately 60 minutes whilst the locomotives were assembled and ran the race. A formal letter of thanks has been sent to ARTC and RailCorp and a presentation will be made to them at the After Party.

Without the cooperation and enormous support of the staff at both ARTC and RailCorp in the months leading up to and during Steamfest the overall event operations could not have happened and they should be commended for their efforts.

Passengers on the Race Trains were provided with a commemorative badge as part of their ticket price and those who travelled on the trains to Broadmeadow received a complimentary breakfast cooked by the Charlestown Lions Club, whilst they waited for the trains to reassemble.

The Race ran smoothly on the Sunday morning and was the successful culmination of twelve months planning. In the end the Race was won by 3265 in a photo finish with 3642. A video that was take from 3265 can be seen on YouTube by searching for Steamfest.

Rally Ground

In early 2010, the State Government approved the Rally Ground as the formal “Home for Steamfest”, with the $1 million previously received by Council to be invested in the development of the grounds and the erection of a “shed” for the housing and restoration of steam equipment within the Council’s care and control.

Initial ground works were undertaken prior to the event, which included the levelling of Stages 1 and 2, the installation of a formal crossing to Stage 2 and installation of a floor pad for the erection of a large marquee.

The Steamfest Rally Ground is now one of the most popular attractions of the event. Featuring the biggest ever presence of traction and portable engines seen since the event started, vintage farm machinery, tractors and trucks and a viewing platform, around 15,000 people passed through the Rally Ground over the weekend. This program of activities was developed and managed by the Maitland Steam and Antique Machinery Association who are in the second year of a three year contract. Once again this proved to be highly successful with the Association members working tirelessly in the lead up to and on the weekend to ensure an exceptional program was delivered. The Association should be congratulated for their efforts.

A new initiative on the Rally Ground, which was managed by Council was the Kids Adventureland, which incorporated a jumping castle, plaster painting, coal shovelling

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TOURISM EVENTS (Cont.) competitions, balloon sculpting and live entertainment. This proved very popular with children patronising the area all weekend.

The major new initiative for the Rally Ground in 2010 was the Powerhouse Museum Marquee, which included their model displays plus the inaugural Speakers Program, with speakers presenting on topics that ranged from the restoration of trains, to caring for model collections, transport through time and an inspirational talk by Steve Gower, CEO of the Australian War Memorial, on his experiences with and love of rail journeys. The Powerhouse Museum also initiated the inaugural “Trainspotting” Photographic Competition, which attracted over 6,000 entries worldwide with the winners announced and on display at Steamfest.

Throughout the year the Powerhouse Museum hosted a number of the Planning Group meetings and were active participants in the strategic direction for 2010 and as such they should also be congratulated on their efforts.

Green Steam

In a continuing effort to reduce the carbon footprint of Steamfest, management will work with Council’s environment section over the coming weeks to finalise the 2010 initiative to offset emissions from the rail component of the event.

When purchasing tickets customers were provided with the option of paying an additional $2:00 per ticket to offset their excursion. In total 986 seats or 20.5% of tickets sold were Green Steam.

Visitation

In 2010 Hunter Valley Steamfest attracted around 80,000 visitors to the City. These visitors were primarily sourced from the Hunter Region, regional New South Wales (north and northwest) and Sydney. The primary demographic was families with a secondary audience of seniors.

A number of coach companies operated tours to the event from the Blue Mountains, Sydney and the UK (with visitors from the UK and USA).

Steamfest has traditionally had a visitation pattern of around two thirds repeat to one third new visitors. In 2010 anecdotal evidence and pre-event ticket sales would suggest there was an extraordinary increase in first time visitors (many attributed to the exposure in the NRMA Open Road magazine), whilst repeat visitation remained strong. Accommodation in the City was also at a premium.

The Great Train Race Triple Parallel Run also acted as a catalyst for many enthusiasts and visitors from interstate and overseas attending the event in 2010.

Income and Expenditure

The Steamfest budget was developed to incorporate a greater range of activities in 2010 to ensure a suitable celebration was in place to commemorate the 25 year milestone. As a result both projected income and expenditure was increased.

Ticket sale income was up as was stall site fees and Rally Ground income (refer table below).

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TOURISM EVENTS (Cont.)

Area 2010 2009

Tickets $110,550 $80,955

Stalls $27,860 $25,725

Rally Ground $13,705 $8,464

A large portion of the increase in ticket sales can be attributed to the re-introduction of specialty train excursions, which have a significantly higher per head cost than shuttle excursions.

Expenditure was also up with the most significant increase being in the entertainment costs.

Whilst Council had agreed at its meeting of 10 November 2009 to underwrite Hunter Valley Steamfest 2010 to a maximum of $40,000 it is pleasing to report that whilst the final result is still being calculated the anticipated worst case deficit will be in the vicinity of $7,000 - $9,000 excluding GST.

Marketing Profile

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

Paid marketing activities included advertising:

Print media –

• The Newcastle Herald – Weekender • Hunter Monthly IMag • XP Traveller • B1 posters through the RailCorp (Countrylink and CityRail network statewide)

Electronic media –

• 15 and 30 second advertisements on NBN and Ten (Hunter, Central Coast, Mid North Coast and Tamworth windows) • 30 second advertisements on KOFM

Paid marketing activities amounted to $36,400 ex GST and included advertising, printing and merchandise costs.

Unpaid media coverage achieved for Hunter Valley Steamfest included:

• The Hunter Post

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TOURISM EVENTS (Cont.) • Newcastle and Lake Macquarie Post • Lower Hunter Star • The Maitland Mercury • The Newcastle Herald • The Newcastle Herald – Weekender • The NRMA Open Road • Daily Telegraph – Best Weekend supplement • Manning River Times (Taree) • Cessnock Advertiser • Hunter Monthly IMag • Railway Digest • NSW RailCorp Employees newsletter (circulated to 12,000 staff) • RailCorp, RTM websites • Display posters on all railway stations on the CityRail and Countrylink network statewide • Two outdoor billboards – 1 x Hunter Street, 1 x Wickham Station courtesy of RailCorp • CityRail Hunter Update – distributed to all CityRail customers • Powerhouse Museum members magazine • Channel 9 (Sydney) National Nine News syndicated across NSW • Radio stations KOFM and ABC Newcastle, South East (Bega) and the ABC Statewide program

The event also had a significant presence and commentary on YouTube and other online rail and steam forums.

The advertising space rate if Council were to have purchased this free coverage was $233,354 ($2,781 radio), ($56,455 television) and ($174,118 press). These figures exclude The Open Road, Powerhouse Museum and RailCorp publications and poster distribution and as such the real value would have been well in excess of $250,000.

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

Conclusion

Hunter Valley Steamfest 2010 was a success for both visitors and exhibitors, with strong growth in attendance numbers. The event generated positive media coverage for the City and attracted many new visitors who may not normally make Maitland their destination of choice.

Planning will now commence for the 26th Hunter Valley Steamfest to be held in Maitland from 16 – 17 April 2011.

2. World’s Biggest Sleepover

Background

A report was presented to Council on 19 January 2010 on the development of the third flagship event for the City, the World’s Biggest Sleepover. As reported:

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TOURISM EVENTS (Cont.) “The primary target audience for the World’s Biggest Sleepover will be the residents of Maitland. The aim is to encourage them to invite friends and relatives to come to Maitland on the weekend of 10 – 11 July 2010 to participate in the Sleepover. Visitors may stay with residents, participate in an overnight activity or stay in commercial accommodation facilities throughout the City. The secondary audience will be visitors from outside the Hunter Region, who may be attracted to particular events on the program through the marketing campaign and will utilise commercial accommodation.

The broad program of activities that will occur over the weekend will provide residents and visitors with a plethora of choices to occupy their time and reinforce the reputation of Maitland as a friendly, welcoming and vibrant City.

Maitland Tourism will develop and manage a core program of activities for the weekend, which will include 1 – 2 feature events at key locations throughout the City. However to expand the program on offer businesses, community groups and individuals will be encouraged to host their own events and activities.

It is important to know that whilst the highlight of the weekend is the sleepover on Saturday 10 July the program of activities will be designed to be held throughout the entire weekend.

Potential events that might be organised by the community throughout the weekend could include but are not limited to:

• All night movie marathon

• Vintage and veteran car show

• Indoor bowling competition or other sporting carnival

• Events or activities that relate to discovering family history, heritage etc.

• Family, workplace and school reunions

• Markets and fetes

• Group sleepovers

• Speed dating or other events for singles

These parties will take on the ‘ownership’ of these activities with Maitland Tourism staff available for support throughout the planning process. Their events will be registered and promoted as key activities via the website and marketing plan for the Sleepover.

Information relating to the Sleepover is currently being distributed to residents, local businesses and community groups to advise them of the event and encourage their involvement and where appropriate meetings will be held to ensure a comprehensive and complementary program for the event is developed”.

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TOURISM EVENTS (Cont.) Proposed new date

Following distribution of the business prospectus for participation and resulting consultation with a number of businesses there is an indication that a change of dates to the warmer months of the year could generate increased business support and be more conducive to a “sleepover” from the perspective of a consumer. As a result it is proposed to change the date for the inaugural sleepover from 10 – 11 July 2010 to 22- 23 January 2011.

As a result of this feedback from business communication with community groups and the general public was suspended until a decision on the future dates was determined. January was chosen as it falls within school holidays and is traditionally a quiet time within the City so a series of activities could assist with boosting the economy in a period that would generate new income.

Brand development and marketing materials for the event are now being finalised, so pre marketing of the event can commence now, enabling a long lead time to generate interest and community support for the event.

Conclusion

Whilst the World’s Biggest Sleepover has the potential to rapidly become one of the City’s major tourism events, tapping into Visiting Friends and Relatives market, it is important that the most appropriate date be chosen to maximise its success. The formula of the event means Council will be reliant on business and community groups and individuals running their own sleepover events, therefore a change of date timed to build on a noted down period in trade will help to secure the support required for its winning operation.

3. Doggy Fun Day

The Maitland Tourism Strategic Plan Framework has the identification and planning of a fourth and final flagship tourism event for the City, to sit alongside Hunter Valley Steamfest, the Bitter & Twisted International Boutique Beer Festival and the World’s Biggest Sleepover.

In the latter half of 2009 Maitland City Council was approached by Mr Roy Duffy, who is the organiser of Doggy Fun Day, an event he launched in 2007, which is held in Empire Park opposite Bar Beach in Newcastle. Mr Duffy, a retired business man with links to Maitland, expressed interest in “handing over” the event to an appropriate body with the view that they would take it to the next level of development and turn it into a true tourism event, attracting visitors from intrastate, interstate and internationally.

On the basis of this approach, staff of Maitland City Council attended the 2009 Doggy Fun Day in Newcastle to gain first hand knowledge of the event. Attendance numbers were in the many thousands (both human and canine), the range of activities entertaining and the surprising lack of “evidence” of such a large number of dogs in the one area was very impressive. Further investigation into the event was undertaken subsequent to this visit and it is now believed that relocating Doggy Fun Day to Maitland could establish the fourth flagship event for the City quite simply and easily with the potential audience vast.

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TOURISM EVENTS (Cont.) Background

Doggy Fun Day was launched in 2007 (as Doggy Day Out), which was held in Empire Park opposite Bar Beach in Newcastle as a fund raising venture for Cooks Hill Surf Life Saving Club as part of the Australia-wide, Year of the Lifesaver activities. The event was also held there in 2008 and again in 2009 under its current name of Doggy Fun Day.

In its current form, Doggy Fun Day is a one day event which attracts approximately 15,000 people and their pets. Included within the program for Doggy Fun Day are a diverse range of activities, appealing to a wide range of participants. These activities include, but are not limited to, dog races and parades, photo competitions and exhibitions, pet care information sessions, market stalls, including stalls selling food and children’s activities including clown performances and face painting.

Redevelopment and new location:

It is proposed that a redeveloped Doggy Fun Day be established in Maitland to be held as a weekend event from 4 – 5 September 2010 with a view to it becoming an annual event.

Final location for the main program of activities is yet to be determined however would be scoped over the coming month and could potentially include Maitland Park, the No. 1 Sportsground, Harold Gregson Reserve or Walka Water Works.

Proposed program:

Maitland Tourism would develop and manage the core program of activities for the weekend however to expand the program on offer businesses could also host their own events and activities that were canine friendly.

The underlying theme of the event is that it must be fun (and not too serious) – a rare opportunity to celebrate pet ownership in a relaxed, enjoyable and communal forum, it is also an opportunity to educate pet owners and the community and facilitate a “short term” freedom to enjoy the City with your pet.

Potential activities that might be held over the weekend include but are not limited to:

• sporting and endurance competitions

• novelty events such as: dancing with dogs, dog art exhibitions, dog fashion parades, speed dating with your dog, dog karaoke

• competitions such as: the dog look-a-like competition, skateboarding competition for dogs, flag retrieving competitions

• exhibitions and displays by guide dogs, armed forces dogs, police dogs, working dogs

• themed outdoor movies, featuring dogs, where dog attendance is encouraged

• stalls selling dog products, dog well being, dog fashion and accessories, canine café

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TOURISM EVENTS (Cont.) • free health checks, discounted micro chipping and registration, distribution of pooper scoopers

• stalls and representation by selected animal welfare groups

• live entertainment and celebrity dogs

Marketing:

As mentioned earlier in the report marketing for events has the potential to show the City in an interesting and dynamic light and often has the capacity to cut through where general tourism marketing may not.

According to the Australian Companion Animal Council, Australia has one of the highest levels of pet ownership in the world with almost two thirds of Australian households currently owning at least one pet.

Hosting Doggy Fun Day would enable Maitland City Council to actively engage with this large sector of the community – both residents and visitors - demonstrating an understanding of the needs of pet owners and providing an opportunity to open dialogue and educate in a fun and friendly manner. The primary target audience for the event would be pet owners from the Hunter Region, Central Coast and Regional NSW. A secondary target would be potential pet owners and families.

Aside from marketing the event through traditional advertising including television, radio, print and social media, the opportunities for positive and extensive public relations exposure is enormous as a result of the many photo opportunities and human interest stories featuring mans best friend that would present themselves.

Finances

An agreement with Roy Duffy would see the transfer of the organisation of Doggy Fun Day to Maitland City Council for $1.00. This would be the only fee applicable throughout the lifespan of the agreement.

Whilst Doggy Fun Day has been a largely free event, it has been self funding through sponsorship, stall income and entry to some paid activities and competitions.

A separate agreement with an external organisation would also be negotiated for securing sponsorship with a 20% commission applicable to all monies obtained.

Financially all income and expenditure for the event would become the responsibility of Maitland City Council however a cost neutral budget would be developed in line with other tourism events in the City. Within this budget a $1,000 contribution to an animal welfare organisation would be included annually.

This agreement also confirms that no other Doggy Fun Days can be held within a three hour driving radius of Maitland LGA.

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TOURISM EVENTS (Cont.) Conclusion

Doggy Fun Day has the potential to be the fourth tourism flagship event for the City. It provides a structure already in place along with extensive contacts and recognition in the market place, which will provide a leveraging point for Council.

It will attract a different audience to the other events within the City, thereby showing its diversity, openness and community focus.

It is recommended that Council sign the agreement with Mr Duffy and proceed with planning for the first Maitland Doggy Fun Day in September.

CONCLUSION Tourism events continue to play an important role in the marketing and visitation to the City of Maitland.

The 25 year celebrations of Hunter Valley Steamfest were a great success with excellent weather, enormous crowds, extensive community support and a diverse and interesting program of activities. The media coverage showcased the City in a positive light and the economic boost is estimated to be over $1.5 million. All those involved with the event should be congratulated.

The World’s Biggest Sleepover is positioned to become an enormous event for the City capitalising on the Visiting Friends and Relatives market and actively engaging the community to be involved. A rescheduling of the date to January will ensure it reaches its maximum potential.

Doggy Fun Day presents Maitland with an exciting and original opportunity to capitalise upon an established, but often neglected, market. It has the potential to quickly become one of the City’s most recognised and well loved events.

FINANCIAL IMPLICATIONS Hunter Valley Steamfest will have a shortfall of $7,000 - $9,000. This will need to be funded in the current Management Plan. The World’s Biggest Sleepover and Doggy Fun Day will have no financial implications.

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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13 CITY WORKS AND SERVICES REPORTS

13.1 LITTER

File No: 61/6 Attachments: Nil Responsible Officer: Wayne Cone - Group Manager City Works and Services Author: Ian Wakem - Manager Civil and Recreation Works

EXECUTIVE SUMMARY

In response to a resolution of Council on 8 December 2009, this report provides Council with information on current litter collection activities organised by various sections of Council and improvements to litter collection made by the Council’s City Works and Services Group. The report also provides details of Council’s litter awareness and education programs, and enforcement activities.

Options for increasing litter collection activities in the future are discussed in the report and recommendations provided for consideration by Council.

OFFICER’S RECOMMENDATION

THAT

1. Council list additional hours of operation for Council’s existing mechanical suction sweeper for consideration in the 2011/2012 Operational Plan. 2. Council list for consideration in the 2011/2012 Operational Plan the establishment of a maintenance team to collect litter, clean out drainage pits and carry out other maintenance tasks.

REPORT Council resolved at the Council Meeting on the 8 December 2009, that a report be provided to Council regarding litter patrols in Maitland, the current level of activity on roadside litter clean ups, and clean ups around Council owned car parks and other facilities. The report was also to include costing on potential part time litter patrols, and be presented in time for Council’s consideration for possible inclusion in the 2010/2011 budget.

This report provides the requested information to Council with several options and recommendations presented for consideration to maintain and increase litter collection activities in the future.

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LITTER (Cont.) Litter Collection and Control Activities

Council currently takes a broad approach to litter collection and control that includes the following:

1. Litter collection on mowed grass roadsides and verges

Recreation works staff currently collect litter from the verges of Les Darcy Drive (New England Highway) in Maitland on a regular basis. Otherwise, there is no regular scheduled litter collection for the grassed road verges in the Maitland City Council area.

Council staff who are mowing road verges in the urban areas are instructed to collect litter from the area to be mown prior to mowing. This is reinforced with the staff from time to time.

2. Carparks

Council currently owns fifty eight (58) public carparks across the city. Those carparks in the central business district (CBD), some local shopping centre carparks (Rutherford, Tenambit, Woodberry and East Maitland behind the IGA Supermarket) and Walka Recreation Reserve carpark are swept by Council’s mechanical suction sweeper on a weekly basis, as per the current street sweeping weekly schedule. The mechanical suction sweeper collects litter as well as dirt, grit and other debris.

Two (2) carparks in the CBD are currently leased by Council and available for use by the general public. These carparks are required to be maintained by Council under the lease agreements and are swept on an as needs basis.

Other than the above, the rest of the public carparks are swept on request.

Many Council carparks contain public litter bins. These bins are serviced as part of the regular waste collection runs by the Waste Services section.

3. Public Recreation Parks, Reserves and Sporting Grounds

Each recreation works team collects litter from areas that they are responsible for, prior to mowing. The frequency of this litter collection depends on the category of the park or facility eg Maitland Park will generally have a weekly litter collection whereas a park in a residential area, with a different categorisation, may have the litter picked up every three (3) to four (4) weeks.

Recently, staff on return to work programs have been utilised to undertake additional litter collection activities in the high profile parks, reserves and recreation facilities.

4. Drainage Systems

Council currently has 8,403 drainage pits and headwalls, 236 kilometres of drainage pipeline and culverts, 130 trash and gross pollutant traps and 65 detention ponds within Council roads and reserves. These drainage structures collect litter and debris which is targeted for removal to allow the drainage

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LITTER (Cont.) systems to function properly and to prevent litter, grit and other debris washing into the city’s 100km of constructed wetlands and water courses, 9 km of Council-maintained natural creeks, and the other creeks and tributaries of the Hunter River.

Council currently hire a purpose-built vacuum truck for approximately six (6) months per annum to clean out stormwater drainage pits and pipelines. Current resource levels allow a cleaning cycle of around four (4) years to inspect, clean (where required), and record work done, on all drainage pits and some sections of pipeline that are easily accessed for inspections and cleaning from these drainage pits.

Council’s gross pollutant traps and detention ponds are also cleaned on a programmed basis, within the funding levels available.

5. Streetsweeping

Street gutters are swept by Council’s mechanical suction sweeper in accordance with the established street sweeping weekly schedule. This results in the CBD areas being swept once or twice per week, the industrial areas are swept bi-monthly and the residential streets progressively, suburb by suburb, generally resulting in each street being swept (if needed) once a year.

Sweeping the street gutters is beneficial in removing the build-up of dirt, grit and litter from the gutters, which would otherwise wash into the drainage systems and ultimately into open waterways. Cleaning of street gutters also helps to decrease weed growth in gutters and drains.

6. Part Time Litter Collection

Current resource levels permit part time litter collection work to be done at the Mt Vincent landfill site. Occasional one off clean ups occur along roadsides, such as Mt Vincent Road, and in reserves, when the presence of litter is identified by staff or the community. The current part time collection also involves the removal and disposal of illegally dumped rubbish.

7. Clean Up Australia Day

Council participates every year in the Keeping Australia Beautiful Clean Up Australia Day, encouraging schools, businesses and the community to actively take part in the day.

8. Conservation Volunteers Australia (CVA)

Council uses CVA to undertake environnmental works on Council sites, during which time any litter present on site is cleaned up.

9. Waste Targeted Events

Council undertakes multiple events throughout the year to target specific types of waste at free drop off collection days. These include the Drummuster empty chemical container collection, Clean Out Chemical collection, Ewaste electronic

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LITTER (Cont.) equipment collection and Second Hand Day collection of unwanted household items such as clothing, toys and blankets.

10. Events Recycling

Council encourages recycling at events such as Steamfest to reduce waste to landfill and to allow more efficient usage of bins on event sites. This helps to ensure rubbish is not discarded off premise or allowed to be carried by the wind off site.

11. Litter Education

Currently Council is undertaking a litter campaign in association with Singleton Council and the Department of Environment, Climate Change and Water with a grant from the "Don't be a Tosser" program. The campaign has been running over two years targeting holiday periods, such as Easter, to educate tourists coming to the area about littering, it’s impacts and likely fines. The project has seen information and giveaways being placed in many motels in both Council areas, the visitor information centres and the driver reviver on the F3 freeway.

Whilst this project is targeting all litter thrown out of cars, there is a particular focus on cigarette butts, with reusable personal ashtrays being offered through motels and on the F3 freeway, and cigarette butt bins proposed to be placed in known litter areas.

In 2008 this project included a clean up along the New England Highway, through the Roads and Traffic Authority, to coincide with the targeted holiday period. This provided a basis for a survey to identify whether the message of the campaign was working. An inspection of the highway following the holiday period showed the highway remained relatively clean.

12. Signage

"Dob in a Dumper" signage is placed at known illegal dumping sites to encourage the community to notify Council of illegal dumping acts. In recent years Council has been trialling new signage through the Keep Australia Beautiful group with the Packaging Stewardship Forum, which depicts pictures of the area without rubbish, to show how pristine the area can look without litter. These signs appear to be reducing the level of illegal dumping occurring at these sites and are a reminder to the community to respect the area they live in.

13. Enforcement

Complaints registered through the customer request system are forwarded through to the Council Rangers for them to evaluate whether any details of the person responsible for the dumping can be found, prior to removal of the litter. If the person or persons responsible can be identified then enforcement action can be taken.

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LITTER (Cont.) NOTE: Items 7 to 13 above are managed by the Development and Environment Division of the Service Planning and Regulation Group.

Options to Increase Litter Collection

Increased litter collection can be delivered in a number of ways with a range of costs. Some of these are as follows:

1. Part-time Litter Collection

Part time litter collection can be provided utilising casual or temporary labour with hired vehicles and equipment, or by diverting existing Council maintenance crews from other works. For more significant quantities of litter and rubbish, a Council work crew, with a loader and truck, can be used to carry out the clean up work.

The indicative costs for this work ranges from $350 per day to $1,500 per day. Part time litter collection for one day per week results in estimated costs commencing at $18,000 per annum.

It is noted that due to restrictions on funding, when Council crews are diverted from other works there is a corresponding reduction in the amount of planned maintenance work that can be done in a certain area or on a particular work type.

2. Establish a Full-time Maintenance Team (including litter collection)

A two (2) person maintenance team could be established to primarily collect litter, but also undertake weed and grass chipping, drainage pit cleaning and other miscellaneous maintenance tasks.

A litter collection schedule would be developed to ensure that priority areas (eg. verges of the New England Highway, Rutherford Youth Space, etc.) were serviced regularly and consistently. This team could also undertake such tasks as weed and grass removal in high profile areas, not currently maintained regularly by Council’s Recreation Works staff. Apart from a small utility vehicle, the tools and equipment required would be minimal.

The approximate cost of operating this team would be $126,000 per annum, and an initial one-off purchase cost of a small utility vehicle of approximately $25,000.

3. Mechanical Suction Sweeping Activities

Maitland is continuing to grow, with new residential areas (eg. Chisholm) currently under construction. These new residential areas will require maintenance and street cleaning. To maintain a satisfactory level of cleanliness of all of the city’s streets in the future, an increase in the street sweeping will be essential.

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LITTER (Cont.) Following are several options for increasing street sweeping:

3.1 Increase hours of operation of Council’s existing mechanical suction sweeper

(i) Retain the current five (5) shifts per week for the suction sweeper but extend the hours of operation of the machine with a different operator, for a period of two (2) to five (5) hours per day five (5) days per week. The approximate cost of this initiative would range from $45,000 to $110,000 per annum.

On the basis that the city is continuing to grow, this option should, as a minimum, allow Council to maintain existing levels of service for street sweeping. An increase in the service levels can be achieved, but this will depend on the total number of hours increase in street sweeping as a result of any additional resource allocation by Council.

(ii) Suction sweeper operator to work regular 38 hours over four (4) days, in lieu of five (5) days. The suction sweeper is then available to be operated by another employee on the fifth working day in each week, increasing street sweeping activities by eight (8) hours per week. The approximate cost of this initiative would be $35,000 per annum.

On the basis that the city is continuing to grow, this option should allow Council to maintain existing levels of service for street sweeping.

3.2 Utilising Council’s existing suction sweeper, for two (2) staff shifts each work day.

The approximate cost of this initiative would be $156,000 per annum. This option would allow Council to increase it’s level of service for street sweeping significantly.

Implementation of this option would require the changeover period for replacement of the street sweeper to be decreased, due to the increased streetsweeper vehicle usage each week, and this could result in some additional capital costs for Council over a period of time.

3.3 Purchase a second mechanical suction sweeper for two (2) shifts each work day.

The approximate cost of this initiative would be a capital cost of $290,000, for the purchase of the suction sweeper, with an ongoing cost of $156,000 per annum. This option would allow Council to increase it’s level of service for street sweeping substantially and provide the most reliable and consistent service.

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LITTER (Cont.) In summary, initial increases in the operation of the mechanical suction sweeper of between eight (8) and twenty five (25) hours per week would provide a cost effective way to increase the street sweeping activities. If approved, this option would need to be reviewed after twelve (12) months of implementation to determine whether a further increase in street sweeping is required as the city grows. More significant resource allocations will be required to substantially improve levels of service.

CONCLUSION Currently there is a broad approach taken by a number of sections of Council in regards to litter collection, education, awareness and enforcement. It is envisaged that this will continue in the future.

Recreation Works staff regularly collect litter from the road verges of Les Darcy Drive and from recreation areas, before they are mown. The weekly street sweeping schedule has been amended to increase the frequency of sweeping in several high profile streets and carparks by reducing the frequency of sweeping in other streets, where the lesser frequency still provides an adequate service level.

Minor adjustments to Council’s litter collection and street sweeping activities will continue to be made where possible within the existing resource levels available.

FINANCIAL IMPLICATIONS Options for significantly increasing litter collection and street sweeping were provided for consideration in the development of the draft 2010/2011 budget. These options were raised at Council briefings for discussion, however limited available funding has resulted in these not being included in the current draft budget.

This matter has no direct financial impact upon Council's adopted budget for 2009/2010 or the 2010/2011 budget proposals, however should the officer’s recommendations in this report be adopted, funding will be required to be listed for consideration in the 2011/2012 budget to resource the additional litter collection initiatives.

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

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

Page (296) ORDINARY MEETING AGENDA 11 MAY 2010

14 ITEMS FOR INFORMATION

14.1 COUNCILLOR MOTIONS

File No: 35/61 Attachments: Nil Responsible Officer: Graeme Tolhurst - Group Manager Finance and Administration Author: Nicole Kelly - Corporate Support Assistant

EXECUTIVE SUMMARY

The following report details the current status of Councillor motions which are currently being actioned by Council Officers.

OFFICER’S RECOMMENDATION

THAT the information contained in this Report be noted.

REPORT

See attached report.

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COUNCILLOR MOTIONS (Cont.) matter to be included on agenda at first FMC meeting to be held July 2009 Applicationgrant for 09. Nov submitted funding Grant application In unsuccessful. discussions HCRCMA with as to viability. Reported to the Council meeting 2010. 11 May Information is being collated for report Tenders have been called. called. been have Tenders A report to be presented to Councilthe next meeting. 1. Council support the introduction of Flood Educational Educational Flood of introduction the support Council 1. Awareness Signs in the most suitable non-residential locations ; cost most the for designs submit to invited be Schools Local 2. effective and informative sign; and 3. Council the reward school thewith winning design. a report brought back to Council on the findings. The report also also report The findings. the on Council to back brought a report to look at the cost and timeframe to build public toilets where City. the throughout required 1. A report be brought back to Council regarding Litter Patrols in in Patrols Litter regarding Council to back brought be A report 1. Maitland; on activity of level on current information include to report The 2. roadside litter clean ups and clean ups around Council owned facilities, other and parks, car 3. The report to also include costing on potential part time litter patrols and to be presented in time for Council consideration for 2010/2011 budget. THAT: 1. Call tendersmedia print / as quotations perorder for requirement all to of Council theratepayers; fulfil Local advertising Government through those Act,2. in obligations Include newspaperto circularisation to reach the vast majority of the general public and ratepayers. areas and the numbers in general order public and 57/1 THAT: 61/6 THAT: 101/26 That Council conduct an inventory of the City's public toilets and COUNCILLOR MOTIONS REPORT INVENTORY OF EDUCATIONAL AWARENESSSIGN IN MAITLAND ITEM NO. SUBJECT FILE NO. COUNCIL RESOLUTION CURRENT STATUS DATE OF OF DATE 9/06/2009 15.1 - FLOOD OF MOTION NOTICE 8/12/2009 15.1 PATROLS - LITTER OF MOTION NOTICE MEETING 10/02/2009 15.1 - TOILETS - PUBLIC OF MOTION NOTICE 13/10/2009 15.2 COUNCIL ADVERTISING 5/1

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COUNCILLOR MOTIONS (Cont.)

Submission be madewill to October conference. 1. That Council make a submission to the LGA Annual Annual LGA the to a submission make Council That 1. Conference in October 2010 expressing Council's concern about a Council having to fund an appeal against a JRPP decision thewhere decision of the JRPP is different to that of the Council submission. 2. Council officers prepare support material and submit the with motion. 3. Call for reporting on the performance of JRPPs including details of appeals against JRPP decisions. 103/10 THAT: COUNCILLOR MOTIONS REPORT FUNDING OF APPEALS NSW TO LAND & ON DECISIONS COURT ENVIRONMENT PLANNING REGIONAL JOINT THE FROM PANEL ITEM NO. SUBJECT FILE NO. COUNCIL RESOLUTION CURRENT STATUS DATE OF OF DATE MEETING 23/03/2010 15.1 - COUNCIL OF MOTION NOTICE

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14.2 ENERGY AUSTRALIA HERITAGE AWARDS 2010

File No: 96/10 Attachments: Nil Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation David Simm - Manager Development & Environment Stephen Punch - Principal Planner Author: Clare James - Heritage Officer

EXECUTIVE SUMMARY

The Maitland City Heritage Group has been recognised with an award under the Energy Australia Heritage Awards 2010 for the publication ‘Hearths and Homes: Maitland Architecture 19 Decades of Residential Design’. The Highly Commended award is the second to be received by the Group for books produced as part of the historical publication series. Twenty projects were recognised under the State wide 2010 Awards program under a range of categories.

OFFICER’S RECOMMENDATION

THAT the information contained in this Report be noted.

REPORT

Hearths and Homes: Maitland Architecture 19 Decades of Residential Design is the sixth publication in a series including:

• Bourke Street, Maitland; Cynthia Hunter 1999; • Horseshoe Bend Maitland; Cynthia Hunter 2001; • Hay Barns and Dairy Buildings of Maitland; Clive Lucas Stapleton and Partners 2002; • Time Gentleman Please, Maitland’s Hotels Past and Present; Cynthia Hunter and Ranald Boydell 2004; • Out of the Closet; Maitland’s Water Stories; Cynthia Hunter 2006

The publication series aims to promote an understanding of the historical significance of Maitland region and as a result, produce a rich resource relating to the heritage values of the City.

Hearths and Homes incorporated a multi faceted approach to raise community awareness of the residential architectural qualities of the area.

The project consisted of:

• Initial project promotion through local media,

• Commissioning of research by a professional historian including contact with persons who have indicated an interest in the project;

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ENERGY AUSTRALIA HERITAGE AWARDS 2010 (Cont.) • Production of a detailed research document for lodgement in Council’s Local studies collection, and other research resource centres in the region;

• Production of a complimentary heritage walk booklet demonstrating architectural styles over 19 decades;

• Public launch of the publication including a public address by the author.

• Distribution of publications to commercial sales outlets, local libraries, Council’s Customer Service Counter and the Maitland Visitor Information Centre.

The result has been the production of a reference book that assists readers to date their houses. Examples of recently conserved or restored houses, well illustrated in colour, indicate standards of maintenance given by many home owners today, to preserve their intrinsic values, whatever the period of the construction or socio economic standing of their owners.

The publication engaged individual property owners and residents in the history of their homes. This provided an opportunity for Council to raise awareness of the collective value of their buildings and to promote other heritage services and funding opportunities such as the Heritage Advisory Service and the Local Heritage Fund.

Careful consideration was given in the project planning to ensure that the property owners featured in the book were consulted.

The project was managed by Council’s Heritage Officer, Clare James who had regular consultation with the Maitland City Heritage Group. The Group is made up of 15 members drawn from community groups and Council representation. They were involved throughout the project reviewing the project brief, draft study, sourcing historic photographs and assisting in the promotion of the projects. A special working group was formed to launch the publication.

The Highly Commended award presented during the 2010 National Trust Heritage Week recognised the project with the following Citation:

AWARD NAME: Interpretation and Presentation

AWARD CATEGORY: Corporate / Government

ENTRY NAME: Hearths and Homes: Maitland Architecture

AWARD RECIPIENT: Maitland City Heritage Group

CITATION:

The buildings of Maitland are a rich record of the history of the city. This project has combined professional research and presentation, community consultation, education and promotion through walking forms to produce a well documented and approachable history of Maitland’s built heritage. The project stands out from others of its kind through a rare combination of scholarship and community ownership.

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14.3 SECTION 94 QUARTERLY REPORT

File No: 103/41 Attachments: 1. Balance Summaries for the 1995 Mialtnad Section 94 Contributions Plan and the Maitland Section 94 Contributions Plan (Citywide) 2006 Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation Monica Gibson - Manager City Strategy Author: Amanda McMahon - Development Contributions Coordinator

EXECUTIVE SUMMARY

This report provides the Council with information in relation to Section 94 contributions, including fund balances and commitments as of 31 March 2010. This information is based upon the projects adopted as part of the 2009/2010 Management Plan, income received from December to March 2010, and Council resolutions and decisions in relation to Section 94 projects.

OFFICER’S RECOMMENDATION

THAT the information contained in this Report be noted.

REPORT

Introduction

Section 94 contributions that are currently received by Council have been levied through one of three Section 94 Contributions Plans; • The (Repealed) 1995 Maitland Section 94 Contributions Plan • The Maitland Section 94 Contributions Plan (City Wide) 2006 • The S94A Levy Contributions Plan 2006 and must be expended in accordance with the requirements of the relevant plan. No payments were received into the Thornton North Section 94 Contributions Plan 2008 prior to 31 March, 2010.

The purpose of this report is to provide Council with an overview of the Section 94 income received through Section 94 contributions and interest during the March 2010 quarter, current expenditure commitments and subsequent Section 94 fund balances at 31 March, 2010.

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SECTION 94 QUARTERLY REPORT (Cont.) The 1995 Maitland Section 94 Contributions Plan

As at 31 March, 2010, the balance of funds held by the Council from the 1995 Maitland Section 94 Contributions Plan was $5,891,468 including income for the March quarter of $27,090 and interest of $84,789.

Current Council commitments from this plan total $5,109,471.

Total uncommitted funds remaining at 31 March, 2010 are $781,997 and a break down of these is shown in the attachment to this report. This figure does not include funding required for the construction of the 25 metre heated pool at the Maitland Aquatic centre, should the grant application be successful.

The Maitland Section 94 Contributions Plan (CityWide) 2006

As at 31 March, 2010, the balance of funds held by the Council from the Maitland Section 94 Contributions Plan (CityWide) 2006 was $3,781,027 including income for the March quarter of $248,359 and interest of $54,418.

Council commitments from this plan total $665,089.

Total uncommitted funds remaining at 31 March, 2010 were $3,115,938 and a break down of these is shown in the attachment to this report. This figure does not include funding required for the construction of the 25 metre heated pool at the Maitland Aquatic centre, should the grant application be successful.

The S94A Levy Contributions Plan 2006

As at 31 March, 2010, the balance of funds held by the Council from the S94A Levy Contributions Plan 2006 was -$177,168 including income for the March quarter of $46,492 and interest paid of $2,458.

Current Council commitments from this plan total $25,514.

Total uncommitted funds remaining at 31 March, 2010 were -$177,168. Whilst the uncommitted funds are negative adequate contributions will need to be received by Council prior to the transfer of funds to the adopted projects.

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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SECTION 94 QUARTERLY REPORT (Cont.)

Items for Information

SECTION 94 QUARTERLY REPORT

Balance Summaries for the 1995 Mialtnad Section 94 Contributions Plan and the Maitland Section 94 Contributions Plan (Citywide) 2006

Meeting Date: 11 May 2010

Attachment No: 1

Number of Pages: 2

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SECTION 94 QUARTERLY REPORT (Cont.)

Page (305) ORDINARY MEETING AGENDA 11 MAY 2010

SECTION 94 QUARTERLY REPORT (Cont.)

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14.4 COUNCIL'S HOMEPAGE STATISTICS

File No: 31/15 Attachments: Nil Responsible Officer: Graeme Tolhurst - Group Manager Finance and Administration Author: Adam McCarthy - Systems Administrator

EXECUTIVE SUMMARY

This report provides statistics about Council’s web site. The statistics contained in the report allows Council to identify the type of services being accessed or used by the public and other organisations

OFFICER’S RECOMMENDATION

THAT the information contained in this Report be noted.

REPORT

February March 2010 April 2010 2010 No. of visits to the MCC 30,900 27,555 30,696 website No. of visits to the 299 327 418 Community Directory Top Five web pages with Online Online Online highest no. of visitors (not Mapping Mapping Mapping homepage) Positions Positions Positions Vacant Vacant Vacant News Library Search Search Search Library Library News News No. of rates paid electronically (depends on 293 167 47 instalment dates) No. of Property Certificates paid 56 59 73 electronically

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15 NOTICES OF MOTION/RESCISSION

Nil 16 QUESTIONS WITHOUT NOTICE

17 URGENT BUSINESS

18 COMMITTEE OF THE WHOLE

Nil 19 CLOSURE

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