MAITLAND CITY COUNCIL ORDINARY MEETING AGENDA 24 JULY, 2007 ORDINARY MEETING AGENDA 24 JULY, 2007 TABLE OF CONTENTS ITEM SUBJECT PAGE NO 1 INVOCATION.............................................................................................. 1 2 APOLOGIES ............................................................................................... 1 3 DECLARATIONS OF PECUNIARY INTEREST ......................................... 1 4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING....................... 1 5 BUSINESS ARISING FROM MINUTES...................................................... 1 6 MAYORAL MINUTE.................................................................................... 1 7 PUBLIC ACCESS ....................................................................................... 1 8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS .................................................................................................. 1 9 OFFICERS REPORTS ................................................................................ 2 9.1 GENERAL MANAGER................................................................. 2 9.2 SERVICE PLANNING AND REGULATION................................. 3 9.2.1 DA 04-3580: TOURIST ACCOMMODATION FACILITY 15 ST. HELENA CLOSE (LOT 201 DP 1111493), LOCHINVAR RECOMMENDATION: APPROVAL ............................................. 3 9.2.2 DA 07-956 - HOME ACTIVITY (LASER HAIR REMOVAL) LOT 2, DP1075289, 19A DWYER STREET, OAKHAMPTON RECOMMENDATION: APPROVAL ........................................... 84 9.2.3 PROPOSED AMENDMENT OF MAITLAND ENVIRONMENT PLAN 1993-GILLIESTON HEIGHTS URBAN INVESTIGATION AREA, PART 2..............................................102 9.2.4 PROPOSED AMENDMENT OF MAITLAND ENVIRONMENTAL PLAN 1993 - ST JOHN’S COLLEGE AND CONFERENCE CENTRE, MORPETH ROAD, MORPETH.......117 9.2.5 GROUND CLOSURE POLICY ..................................................175 9.2.6 RESERVE NAMING PROPOSAL - MAITLAND SPORTSGROUND PRECINCT.................................................180 9.2.7 RESERVE NAMING PROPOSAL - ASHTONFIELD .................186 9.2.8 MAITLAND COMMUNITY SOCIAL PLAN.................................190 Page (i) ORDINARY MEETING AGENDA 24 JULY, 2007 9.2.9 SCHOOLS DAY OUT EVENT ...................................................194 9.2.10 FRIENDS OF MAITLAND CITY LIBRARY EXECUTIVE COMMITTEE NOMINATIONS...................................................196 9.3 ASSETS AND INFRASTRUCTURE PLANNING......................207 9.3.1 ROAD WIDENING, PATERSON ROAD, BOLWARRA .............207 9.3.2 MINUTES OF LOCAL TRAFFIC COMMITTEE 5 JULY 2007....211 9.4 FINANCE AND ADMINISTRATION..........................................222 9.4.1 STATEMENT OF INVESTMENTS AS AT 30 JUNE 2007.........222 9.4.2 REQUEST FOR FINANCIAL ASSISTANCE - BANKSTOWN COUNCIL ..................................................................................226 9.4.3 LEASE BY COUNCIL OF CAR PARKING AREAS OFF ST ANDREWS STREET MAITLAND FROM PRESBYTERIAN GLEBE TRUSTEES ..................................................................228 10 ITEMS FOR INFORMATION....................................................................231 10.1 CORRESPONDENCE ANALYSIS............................................231 10.2 KEY PERFORMANCE INDICATORS – JUNE 2007 ................233 11 NOTICE OF MOTION/RESCISSION........................................................250 11.1 ADMINISTRATIVE STRUCTURE NOTICE OF MOTION SUBMITTED BY CLR ARCH HUMPHERY...............................250 11.2 VANDALISM - COUNCIL PROPERTY NOTICE OF MOTION SUBMITTED BY CLR RAY FAIRWEATHER ...........................253 12 QUESTIONS WITHOUT NOTICE ............................................................255 13 URGENT BUSINESS ...............................................................................255 14 COMMITTEE OF THE WHOLE................................................................256 14.1 CONSIDERATION OF TENDERS - EXTENSION OF RUTHERFORD COMMUNITY CENTRE...................................256 15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE ...257 16 CLOSURE................................................................................................257 Page (ii) ORDINARY MEETING AGENDA 24 JULY, 2007 PRESENT 1 INVOCATION 2 APOLOGIES 3 DECLARATIONS OF PECUNIARY INTEREST 4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING • The minutes of the Ordinary Meeting of Council held 10 July 2007 be confirmed. 5 BUSINESS ARISING FROM MINUTES 6 MAYORAL MINUTE 7 PUBLIC ACCESS 8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS Page 1 ORDINARY MEETING AGENDA 24 JULY, 2007 9 OFFICERS REPORTS 9.1 GENERAL MANAGER No reports Page 2 ORDINARY MEETING AGENDA 24 JULY, 2007 9.2 SERVICE PLANNING AND REGULATION 9.2.1 DA 04-3580: TOURIST ACCOMMODATION FACILITY 15 ST. HELENA CLOSE (LOT 201 DP 1111493), LOCHINVAR RECOMMENDATION: APPROVAL File No: DA 04-3580 Attachments: Locality Plan Indicative Development Plans Public Submissions Hunter Water Corporation Correspondence Correspondence from RTA Draft LEP Amendment No 96 General Terms of Approval Responsible Officer: David Simm Manager Development & Environment Author: Anthony Calthorpe/Gary Hamer Town Planner Applicant: Hunter Land Proposal: Tourist Accommodation Facility Location: 15 St. Helena Close, Lochinvar Zone: 1(b) Secondary Rural Land & 7 (b) Environmental Protection (Buffer) EXECUTIVE SUMMARY The applicant, Hunter Land, seeks development consent from Council for a major tourist accommodation facility at 15 St. Helena Close, Lochinvar. The application was initially lodged in September 2004 and included a rezoning component to facilitate a residential subdivision as well as a tourist facility. The applicant amended the application so that it now contains only development that would be permissible (with Council consent) under the provisions of the Zone, thereby allowing Council to determine the tourist accommodation facility. An amendment to the Maitland LEP to allow the associated residential development remains outstanding with the Department of Planning at the time of writing. A draft development control plan is currently being exhibited for the residential component. It is to be noted that Council has received a separate development application for an ancillary waste water treatment plant to service the development. The waste water treatment plant has been designed to have a capacity that would service not only the tourist accommodation, but any future residential development. This will be the subject of a separate application to Council. Appropriate consent conditions are suggested for the tourist facility in the event that the waste water treatment plant was not to proceed with Hunter Water advising that there is sufficient servicing capacity if required. Page 3 ORDINARY MEETING AGENDA 24 JULY, 2007 04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont) A total of nine (9) submissions were received during the advertising and notification period which initially took place between 7 September to 5 October 2006 and again after the proposal was amended, between 5 March and 3 April 2007. There are a range of issues associated with the proposal including visual impact design, heritage, traffic and environmental issues. The application has been assessed against the requirements of Section 79C of the Environmental Planning and Assessment Act 1979 and is considered to be satisfactory. OFFICER'S RECOMMENDATION THAT: DA 04-3580 for a Tourist Facility on 15 St. Helena Close, Lochinvar (Lot 201, DP1111493) is approved, subject to the conditions of consent set out in the attached schedule. REPORT The purpose of this report is to provide Council with a summary of the development application in order to best inform the determination of the proposal. BACKGROUND The site is a large rural property to the west of the existing village of Lochinvar. The majority of the site’s history to date will be familiar to Council, however, the reports to Council of13 September 2005 and 16 November 2004 provide contextual information. As an update, the LEP amendment process remains ongoing, albeit it is entering the final stages with the Department of Planning. A separate development application will be required for any residential development if the LEP is gazetted by the Department Council has also received a development application (DA No. 07-880) for an ancillary waste water treatment plant to service the tourist facility, which would have the capacity to service not only the tourist facility but any future residential development on the remainder of the site. This application, while a consideration to the provision of service infrastructure to the development, shall be considered separately. It is to be noted that Hunter Water has provided correspondence indicating the ability to service the site by means of connection to reticulated water/ sewerage, which establishes the potential ability to service the site by two possible means. Lochinvar Structure Plan The urban expansion of Lochinvar was identified in the Lower Hunter Regional Strategy as a key land resource for future growth. Council prepared and exhibited the draft Lochinvar Structure Plan in December 2006. The site is within the identified boundaries of the study area and the development proposal, the subject of this Page 4 ORDINARY MEETING AGENDA 24 JULY, 2007 04-3580 Major Tourist Facility 201 1111493 15 St. Helena Close Lochinvar (Cont) report, is accounted for within the strategy as a possible outcome. At the time of this