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Agenda – Finance & Administration Committee 17/2/2010 - #2469272

FINANCE AND ADMINISTRATION COMMITTEE

17 FEBRUARY 2010

13 EASEMENTS FOR WATER INFRASTRUCTURE PURPOSES: CLIFTON BEACH TO PALM COVE - DIVISION 10 Liam Nicholas: 19/3/3-85: #2465015V3

RECOMMENDATION: 1. That Council negotiate an easement agreement with the registered land

owners of the following lots, to enable the alignment of the Trunk Potable Water Distribution Mains to traverse these lots.

• Lot 701 on SP201243, Lot 5 on RP881035, Lot 6 on RP881035, Lot 3 on

RP881035, Lot 102 on SP100572, Lot 904 on RP910470 and Lot 903 on RP910470, Captain Cook Highway, Palm Cove

• Lot 2 on SP101232, Lot 1 on RP724708, Lot 1 on RP724959 and Lot 1 on

RP731765, Captain Cook Highway, Clifton Beach

• Lot 27 on RP737050, Lot 28 on RP737050, Lot 30 on RP737050, Lot 31 on RP737050 and Lot 32 on RP737050, Ellison Street, Clifton Beach

2. That Council enter into Deeds of Access and Indemnity to allow for the

construction works prior to the issue of the easements. 3. Should the proposed acquisitions not be finalised or nearing completion within

four (4) months of the date of this resolution, then, in accordance with the Acquisition of Land Act 1967, Council commence the required action to resume the relevant areas.

4. Council delegate authority to the Mayor and Chief Executive Officer in

accordance with section 472 of the Local Government Act 1993 to negotiate, determine and finalise any and all matters associated with the proposed acquisition, easements and deeds of access and indemnity, including compensation, settlement and to execute any agreements and plans.

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INTRODUCTION: The purpose of this report is to request Council’s approval to proceed with obtaining easements in favour of Council over land for the installation of an underground Trunk Potable Water Distribution Mains from Paradise Palms to Palm Cove reservoir. BACKGROUND: The Northern Beaches water supply is currently supplied from the University Reservoir located at Captain Cook Highway and was built in 1993 with a storage capacity of 20 ML. It serves the suburbs of Caravonica, Smithfield and the Northern Beaches including Trinity Beach, Trinity Park, Kewarra Beach, Clifton Beach and Palm Cove. Due to the present and predicted future residential growth in the area there is a need for immediate augmentation of the existing trunk main and it has been identified that Council needs to rectify this by including water easements over the relevant tenures. PROPOSED ROUTE The proposed route for the Trunk Potable Water Distribution Mains is detailed in Drawings 60099222 - 206 to 60099222 - 220. The preferred Trunk Potable Water Distribution Mains alignment is situated on the following tenures:

• Council owned highway buffer strips; • Privately owned freehold land; • Captain Cook Highway, State controlled road held by the Department of

Transport and Main Roads (DTMR) • DTMR freehold intended for future road upgrades.

Easements are required for all proposed works on private and State owned freehold land. A number of alternate alignments were considered in order to minimise the impact of the proposed works and the final alignment is predominantly over Council land. The impact of the Trunk Potable Water Distribution Mains will be minor as the trench will be about two metres wide, there will be minimal vegetation clearing required and once the works are completed the trench will be refilled and revegetated at no cost to the property owners. The proposed Trunk Potable Water Distribution Mains alignment will be located within the toe of the sound mound and will be dedicated to Council should a future development application be received and approved. The preferred alignment is determined as below:

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Captain Cook Highway Paradise Palms to Beaver Street, Clifton Beach: The dedicated outlet main will be located on the eastern verge of the Captain Cook Highway. The preferred alignment has been co-ordinated with DTMR for the future upgrade of the highway. Beaver Street, Clifton Beach to the Palm Cove Reservoir: The dedicated outlet main will transition to the western verge of the Captain Cook Highway between Beaver Street and the Palm Cove Reservoir site. The components of the Ten Year Capital Works Program included in this project are:- • Palm Cove Reservoir Dedicated Inlet Main DN 450 (approximate length 4,980m); • Trunk Main DN 225 from Evergreen Street to Warren Road, Palm Cove (approximate

length 3,700m).

CONSIDERATIONS: Corporate and Operational Plans: This report was prepared in accordance with Corporate Plan goal 4.1 (To provide a robust, secure, high quality water supply to meet the growing needs of the community). Statutory: This acquisition of easements in favour of Council is in accordance with the Acquisition of Land Act 1967. Policy: This report has been prepared in accordance with Council’s Policy for the Acquisition/Resumption of land by Council for road or other purpose. Financial and Risk: Funding is available in the Water and Waste Capital Projects Budget 2009/10. Stamp duty and land tax should not payable on any transaction. Sustainability: The water easements will formalise the existing Trunk Potable Water Distribution Mains. The end result will be no net loss in visual amenity.

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CONSULTATION: A number of meetings and site inspections were held with the relevant authorities to determine the preferred route of the Trunk Potable Water Distribution Mains including Council, Department of Environment and Resource Management and DTMR. The relevant land owners were advised of the proposed Trunk Potable Water Distribution Mains when Council sought access to their properties for the preliminary design for the survey and geotechnical investigations. During the consultation process it was noted that at least one of the subject freehold property owners have objected to the proposed Trunk Potable Water Distribution Mains over their property. OPTIONS: 1. That Council negotiate an easement agreement with the registered land owners of

the following lots, to enable the alignment of the Trunk Potable Water Distribution Mains to traverse these lots.

• Lot 701 on SP201243, Lot 5 on RP881035, Lot 6 on RP881035, Lot 3 on

RP881035, Lot 102 on SP100572, Lot 904 on RP910470 and Lot 903 on RP910470, Captain Cook Highway, Palm Cove

• Lot 2 on SP101232, Lot 1 on RP724708, Lot 1 on RP724959 and Lot 1 on

RP731765, Captain Cook Highway, Clifton Beach

• Lot 27 on RP737050, Lot 28 on RP737050, Lot 30 on RP737050, Lot 31 on RP737050 and Lot 32 on RP737050, Ellison Street, Clifton Beach

That Council may enter into Deeds of Access and Indemnity to allow for the

construction works prior to the issue the easements.

Should the proposed acquisitions not be finalised or nearing completion within four (4) months of the date of this resolution, then, in accordance with the Acquisition of Land Act 1967, Council commence the required action to resume the relevant areas.

Council delegate authority to the Mayor and Chief Executive Officer in accordance with section 472 of the Local Government Act 1993 to negotiate, determine and finalise any and all matters associated with the proposed acquisition, easements and deeds of access and indemnity, including compensation, settlement and to execute any agreements and plans.

2. That Council defer action and risk unnecessary delays to this key infrastructure upgrade.

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CONCLUSION: That Council concur with the recommendation of this report.

ATTACHMENTS: Drawings 60099222 – 206 to 60099222-220 Locality Map Drawing – Buffer Strip/Sound Mound Linda Kirchner Manager Corporate Performance Brett Grosser General Manager Corporate Services

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Locality Map

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Buffer Strip/Sound Mound

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