maitland city council ordinary meeting agenda...2004/07/13 · ordinary meeting agenda 13 july,...

MAITLAND CITY COUNCIL

ORDINARY MEETING AGENDA

13 JULY, 2004

ORDINARY MEETING AGENDA 13 JULY, 2004

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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.................................................................................... 2

6.1 NEW MAYORAL CHAIN OF OFFICE.......................................... 2

7 PUBLIC ACCESS ....................................................................................... 3

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS .................................................................................................. 3

9 ITEMS FOR INFORMATION....................................................................... 4

9.1 COMMUNITY REFIT PROGRAM ................................................ 4

9.2 COUNCIL'S HOMEPAGE STATISTICS ...................................... 6

9.3 PRELIMINARY DETERMINATION BY NSW SCIENTIFIC COMMITTEE - LOWER HUNTER SPOTTED GUM IRONBARK FOREST................................................................... 7

9.4 REV UP FOR SUSTAINABLE WORK PRACTICES - GRANT SUCCESS .................................................................................. 13

10 OFFICERS REPORTS .............................................................................. 15

10.1 GENERAL MANAGER............................................................... 15

10.1.1 2004 HUNTER VALLEY STEAMFEST....................................... 15

10.1.2 MORPETH JAZZ FESTIVAL ADVISORY GROUP..................... 20

10.2 FINANCE AND ADMINISTRATION........................................... 22

10.2.1 MAITLAND NEW YEARS EVE GROUP..................................... 22

10.2.2 MG CAR CLUB NATIONAL RALLY ........................................... 24

10.2.3 MAITLAND NEW YEARS EVE CELEBRATION......................... 26


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10.3 SERVICE PLANNING AND REGULATION............................... 28

10.3.1 031787 DEMOLITION AND ERECTION OF MEDIUM DENSITY HOUSING - EIGHTEEN (18) DWELLINGS AND BOUNDARY ADJUSTMENT AT LOT 1 DP 10725, 28 EURIMBLA STREET, THORNTON AND LOT 2 DP 520629, 32 EURIMBLA STREET, THORNTON RECOMMENDATION: APPROVED................................................................................ 28

10.3.2 DA04 1766 TWO LOT SUBDIVISION LOT 206 DP 1047174 OXFORD PLACE MORPETH. RECOMMENDATION: APPROVAL ................................................................................ 52

10.3.3 EARLY LINKS INCLUSION SUPPORT SERVICE - LEASE AGREEMENT............................................................................. 62

10.3.4 MAITLAND SPORTS ADVISORY BOARD - CHANGES TO CONSTITUTION......................................................................... 64

10.3.5 CHILDHOOD IMMUNISATION MEMORANDUM OF UNDERSTANDING BETWEEN MAITLAND CITY COUNCIL AND HUNTER AREA HEALTH SERVICE.................................. 67

10.3.6 THIRD CROSSING OF THE HUNTER RIVER AT MAITLAND.. 69

10.3.7 ACQUISITION OF LAND - ANAMBAH REHABILITATION......... 73

10.3.8 MORPETH MEDICINE CHARITY HORSE RIDE 2004 .............. 75

11 NOTICE OF MOTION/RESCISSION......................................................... 78

11.1 TAREE AVENUE - NETBALL COURTS NOTICE OF MOTION SUBMITTED BY CLR HENRY MESKAUSKAS ........ 78

11.2 VACANT LAND - 12 FREWIN AVENUE, WOODBERRY NOTICE OF MOTION SUBMITTED BY CLR DAVID POWER. 80

11.3 TRIAL SHUTDOWN OF TRAFFIC LIGHTS AT INTERSECTION OF HIGH STREET AND ST ANDREWS STREET, MAITLAND NOTICE OF RESCISSION – SUBMITTED BY CLR HENRY MESKAUSKAS, CLR PAUL CASEY AND CLR WENDY WHITE ........................................... 82

12 QUESTIONS WITHOUT NOTICE ............................................................. 85

13 URGENT BUSINESS ................................................................................ 85

14 COMMITTEE OF THE WHOLE................................................................. 86

14.1 POTENTIAL SALE OF COUNCIL OWNED LAND.................... 86

14.2 STEAM HERITAGE PARK ........................................................ 87


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15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE .... 88

16 CLOSURE................................................................................................. 88


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 22 June 2004 be confirmed.

5 BUSINESS ARISING FROM MINUTES

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6 MAYORAL MINUTE

6.1 NEW MAYORAL CHAIN OF OFFICE

File No: 35/4

Author: Peter Blackmore Mayor

On Saturday 3rd July 2004 the Maitland Lions Club presented me with a new lightweight chain of office. Maitland Lions Club has celebrated their 50th year of service to the City of Maitland this year and wanted to provide a lasting gift to the city. The original chain of office as far as can be ascertained was presented to the city in 1944 and the name of each Mayor has been inscribed on this chain. Maitland Lions Club designed the Maitland Coat of Arms for the City & as a result is the only organisation in the City to use the Official Coat of Arms on stationery and club documents. The original Chain of Office is valued at $55,000 & would be irreplaceable should something happen to it. It is intended that the former Chain of Office be maintained as future Mayors of the City are elected and it be placed in a secure location for display purposes only.

RECOMMENDATION. That: Council resolves to accept the new Lightweight Chain of Office and thank the Maitland Lions Club for their interest and involvement in the activities of the City of Maitland as part of the 50th anniversary of the Lions movement in Maitland.

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7 PUBLIC ACCESS

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS

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9 ITEMS FOR INFORMATION

9.1 COMMUNITY REFIT PROGRAM

File No: 148/1

Responsible Officer: David Simm Manager Environmental Programs

Author: Duncan Jinks Trainee Environmental Health Officer

EXECUTIVE SUMMARY Council resolved at its meeting of 26th August 2003 to commit to the Community REFIT Program in conjunction with the lower hunter councils of Newcastle, Lake Macquarie, Cessnock & Port Stephens, along with Energy Australia and Hunter Water. Following extensive planning, the REFIT program was launched on Monday 21st June 2004 with an installation at Michael Hagan’s house (Newcastle Knights coach). Through this program 5,000 kits will be installed in the hunter region each year. A REFIT kit is made up of one AAA rated water saving showerhead, two energy efficient light globes, and a trigger nozzle for a garden hose. Along with the installation of these products, a complete water and energy audit will be conducted at each household involved in the project. The kits are being offered to residents for less than a third of their value, representing an excellent opportunity for Maitland residents to help reduce greenhouse gas emissions, and water usage. In addition to the support provided by Lower Hunter Councils, Energy Australia and Hunter Water, advice was recently received regarding the success of a regional grant application with the NSW Department of Environment and Conservation to further strengthen the project. An additional $60,000 was secured by Maitland and Newcastle Councils through the Our Environment It’s a Living Thing grant scheme, which will provide useful assistance in promoting the project and its environmental message, as well as providing for an additional 2,500 REFIT kits in the first year.

OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.

REPORT In 2003, following the completion of a pilot program, a partnership was forged between the Councils of Maitland, Newcastle, Port Stephens, Cessnock, & Lake Macquarie, along with Energy Australia and Hunter Water, to develop and deliver the Community REFIT project. Planning for this project has resulted in an official launch at the home of Newcastle Knights coach Michael Hagan.

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The project will facilitate the installation of approximately 5,000 REFIT kits throughout the hunter region each year over the life of the project. Each kit consists of one AAA


Community REFIT program (Cont.)

rated showerhead, two energy efficient light globes, one garden trigger nozzle, and a complete energy and water audit. While the kits have been valued at $150, they are being offered to residents in the lower hunter for $39 as a result of significant subsidies from all financial contributors. In addition to the support of each project partner, Maitland and Newcastle Councils joined efforts in an application for funding support for the Community REFIT project from the NSW Department of Environment and Conservation for a total of $60,000. Council has recently been notified of success in securing this $60,000 for promotional and educational support as well as being able to offer an additional 2,500 REFIT kits in the first year. A project hotline number has been established to take bookings for installations over the entire project area.

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9.2 COUNCIL'S HOMEPAGE STATISTICS

File No: 31/15

Responsible Officer: Graeme Tolhurst Group Manager Finance and Administration

Author: Toni Cliff Technical Support Officer

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.


REPORT April

2004 May 2004

June 2004

No. of visits to the MCC website 9,562 9,184 9,410

Council Information

Council Information

Council Information

Positions Vacant

Positions Vacant

Positions Vacant

Planning Planning Planning City

Information Library City Information

Top Five web pages with highest no. of visitors (not

homepage)

Library City Information Business

No. of rates paid electronically (depends on

instalment dates) 20 181 100

No. of Property Certificates paid electronically 2 3 4

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9.3 PRELIMINARY DETERMINATION BY NSW SCIENTIFIC COMMITTEE - LOWER HUNTER SPOTTED GUM IRONBARK FOREST

File No: 103/76

Attachments: Findings of the Scientific Committee Maps (2)

Responsible Officer: Peter Cameron Manager City Strategy

Author: Peter Cameron Manager City Strategy

EXECUTIVE SUMMARY The NSW Scientific Committee, established by the NSW Threatened Species Conservation Act 1995, has made a preliminary determination to list Lower Hunter Spotted Gum Ironbark Forest (LHSGIF) as an Endangered Ecological Community in the Sydney Basin Bioregion. The preliminary determination is included as Attachment 1, with this report. The Maitland LGA is partly contained within the Sydney Bioregion and contains significant areas of LHSGIF, as shown in Attachment 2 with this report. The purpose of this report is to advise Council of the preliminary determination as well as the general implications on areas containing LHSGIF in the Maitland LGA. Any final determination under the TSCA 1995 would mean that applications for development under Part 4 of the Environmental Planning & Assessment Act 1979, and activities under Part 5 of the EP&A Act 1979, must be assessed having regard to the endangered ecological community, including the content of any recovery plan prepared by the Department of Environment & Conservation (DEC) in due course. The public exhibition period for the preliminary listing will finish on 03 September 2004 and Council staff are currently seeking in-principle advice from the Department of Conservation & Environment regarding the implications of any listing on the outcomes in the Thornton North Master Plan. It is recommended that a further report to Council be presented in August 2004, once discussions with the DEC have taken place, to determine the nature of any submission from Council to the Scientific Committee.

OFFICER'S RECOMMENDATION THAT:

1. The report be received and noted.


Preliminary Determination by NSW Scientific Committee - Lower Hunter Spotted Gum Ironbark Forest (Cont.)

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2. A further report be presented to Council in August 2004, as the basis for a submission from Council on the preliminary determination.

REPORT Description of the LHSGIF Community Lower Hunter Spotted Gum Ironbark Forest is the name given to an ecological community in the Lower Hunter, which is dominated by Corymbia maculata (Spotted Gum), Eucalyptus fibrosa (Broad Leaved Ironbark) and Eucalyptus punctata (Grey gum). The community is described in more detail in Attachment 1. The community is predominantly found in the Central to Lower Hunter Valley, with a sizeable core of the vegetation community between Cessnock and Beresfield, extending into the Maitland LGA in the areas surrounding Donaldson and Bloomfield Collieries. The predicted distribution of LHSGIF in the Maitland LGA is shown in Attachment 2, based on vegetation mapping undertaken for Council (Lisa Hill 2003). The Maitland Greening Plan Council has previously considered the status of LHSGIF and other vegetation communities in the Maitland Greening Plan. At that time (January 2002) the LHSGIF community had not been nominated for listing by the Scientific Committee and Council sought to provide a framework for practical conservation outcomes in the Greening Plan. The Greening Plan was developed in consultation with a Coordinating Group, which included conservation and landowner representatives. The LHSGIF community was recognised as an important community in the Maitland LGA, including large areas of structurally intact vegetation in the south-east of the Maitland LGA. Council identified ambitious conservation targets in the Maitland Greening Plan, recognising the practical issues that need to be addressed by landowners and Council in the long-term. Issues such as the lack of funding for acquisition of vegetation and on-going maintenance requirements were highlighted and Council applied a conservation target for LHSGIF, which allowed for a limited amount of vegetation loss in exchange for long-term conservation outcomes. It is proposed to commence a review of the Maitland Greening Plan in the current financial year, in accordance with Council’s current Management Plan, and the status of the LHSGIF community will be a key consideration in any such review. The draft Regional Biodiversity Conservation Strategy As a member Council of LHCCREMS, Council has participated in the development of a draft Regional Biodiversity Conservation Strategy (RBCS) for the Lower Hunter and Central Coast. The draft Strategy has not been endorsed by Lower Hunter Councils at this stage but provides useful information in relation to the conservation status of vegetation communities.



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The current amount of LHSGIF in the Lower Hunter and Central Coast region is projected to be 31,617ha, which is approximately 48% of the amount of LHSGIF, which is predicted to have existed in the same region prior to European settlement in 1750. This percentage is relatively high compared to other vegetation communities in the Maitland LGA. However, the draft RBCS suggests that the LHSGIF community has a limited distribution and would meet the criteria for listing under the Environment Protection Biodiversity Conservation Act. Preliminary Listing The basis for the preliminary listing under the Threatened Species Conservation Act is described in Attachment 1. It includes a statement that the LHSGIF community is “widespread throughout the Central to Lower Hunter Valley (NPWS 2000)” and that “Clearing pressures from rural residential and residential subdivisions, as well as for rural activities (e.g. vineyards) continue to threaten the community, particularly in the Cessnock LGA”. Specific instances of proposed development in the Cessnock LGA are cited as well as the Donaldson and Bloomfield Collieries and the F3 to Branxton National Highway link. However, there is no mention of the Thornton North area in the Maitland LGA and/or the potential loss of vegetation in existing zoned areas at Ashtonfield. The preliminary listing acknowledges that, “much of the remaining LHSGIF … shows evidence of disturbance”. This includes, past logging practices, fire regimes, grazing and uncontrolled human access. It is concluded that, “Lower Hunter Spotted Gum Ironbark Forest in the Sydney Basin Bioregion is likely to become extinct in nature in New South Wales unless the circumstances and factors threatening its survival cease to operate, or it might already be extinct”. Discussion - Effect of the Listing

a) General Implications

Given that the Scientific Committee describes the LHSGIF community as “widespread”, it is unlikely to be extinct. Predictive mapping of vegetation by Council (Lisa Hill 2003) shows that there are a large number of LHSGIF remnants in the Maitland LGA, as shown in Attachment 2, including part of the core area of vegetation between Cessnock and Beresfield, which is referred to in the preliminary listing. The vegetation shown in Attachment 2 is of variable quality, ranging from dispersed, scattered trees with no understorey, to structurally intact areas of vegetation. In the majority of cases, the vegetation is located on privately owned, rural land and the key issue for Council will be the nature of planning provisions which apply to these areas. The status of zones and policies applying to these areas will be considered during the finalisation of the Maitland Rural Strategy and in the review of the Maitland Greening Plan.



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In all cases where approval is sought for removal of LHSGIF, an eight-part test will be required with rezoning and development applications to assess whether the proposed development will have a significant impact on endangered vegetation. Where Council believes that the proposed development will impact on LHSGIF, a Species Impact Statement must be prepared and the Director General of the Department of Environment & Conservation must agree to the development approval. Where development consent is not required under the Environmental Planning & Assessment Act 1979, a licence may still be required under the Threatened Species Conservation Act. However, routine agricultural activities, such as cropping or grazing, are allowed under threatened species regulations.

b) The Core Area of LHSGIF (between Cessnock and Beresfield) The core area of vegetation to the south-east of Ashtonfield is described as “heavily vegetated area to be retained” and as part of a “Primary Vegetation Corridor”, in the draft Thornton to Killingworth Sub-regional Strategy. The listing of LHSGIF would effectively reinforce the conservation priority in this area and strengthen the case for the provision of secure conservation reserves along Four Mile Creek. Council has not identified this core area for investigation in the Maitland Urban Settlement Strategy, with the exception of a partly cleared area adjacent to Four Mile Creek, which is identified for rural residential investigations. The integrity of the vegetation will be a key consideration during investigations and the Strategy will not result in significant threat to the core area of LHSGIF in the Maitland LGA. Developing residential lands at Ashtonfield and at Woodlands Estate, which contain remnant areas of LHSGIF, are mostly subject to existing approvals and will therefore not be significantly affected by a listing of LHSGIF as an endangered community. However, there are a few instances where zoned land is not subject to approvals and where Council is considering applications, which involve the proposed removal of LHSGIF. In these instances, there may be a need for further consultation and/or investigation. For example, rezoning application (RZ 98006) at Pacific Crescent in Ashtonfield.

c) Thornton North The greatest uncertainty created by the preliminary listing of LHSGIF is in relation to the Thornton North area, where much of the remaining vegetation is LHSGIF. Council has prepared a Master Plan for future development at Thornton North, which aims to balance development and conservation outcomes. Council has consulted with relevant state government agencies during the preparation of the Master Plan and there has been general agreement regarding the outcomes described for the area. There has also been recognition from the State government regarding the importance of the Thornton North area as an urban release opportunity in the Lower Hunter. The vegetation in the Thornton North area is of variable quality, ranging from dispersed, scattered trees with no understorey, to structurally intact areas of



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vegetation. The Master Plan proposes development in relatively constraint free areas and the retention of corridors and core areas of vegetation. Nevertheless, some loss of vegetation is proposed in light of the general suitability of the area for urban development (e.g. proximity to existing urban areas and railway lines) and to achieve a functional urban form in the long-term. Council is also preparing a Developer Contributions Plan and is assessing rezoning for parts of the Thornton North area. It is therefore important that Council consult with the Department of Environment & Conservation to determine the extent of the impact of the preliminary determination on the outcomes in the Thornton North Master Plan. This consultation is proposed at the end of July and will include input from representatives of the Department of Infrastructure Planning and Natural Resources.

CONCLUSION There are a large number of LHSGIF remnants in the Maitland LGA, including part of a core area of LHSGIF to the south-east of Ashtonfield and a number of existing zoned urban areas in the Maitland LGA. The listing of LHSGIF as an endangered community would not necessarily prohibit development in these areas but it would commonly require the preparation of a Species Impact Statement and approval by the Director General of the Department of Environment & Conservation prior to any development taking place. The Thornton North area includes a number of areas of LHSGIF, which have been considered in the preparation of the Thornton North Master Plan. However, it is unclear whether a listing of the LHSGIF community as endangered would impact on the proposed outcomes in the Master Plan. This is significant because Council requires reasonable certainty regarding development outcomes as the basis for infrastructure planning. It is proposed that a further report be presented to Council in August, following consultation with the DEC, as the basis for a submission to the Scientific Committee on the preliminary determination.

FINANCIAL IMPLICATIONS The listing of LHSGIF has the potential to impact on the degree of certainty for the provision of infrastructure at Thornton North, as described in this report. Financial impacts for Council will be further addressed in a report to Council in August 2004.

POLICY IMPLICATIONS The listing of LHSGIF as an endangered community has the potential to impact on Council policy in the Maitland Greening Plan and on outcomes in the Maitland Rural Strategy. It may also impact on policies in the Thornton North area. This will be further addressed in a report to Council in August 2004.

STATUTORY IMPLICATIONS The listing of LHSGIF would have statutory implications for development proposals in some instances, as described in this report, including the need for a species impact



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statement and approval from the Director General of the Department of Environment & Conservation.


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9.4 REV UP FOR SUSTAINABLE WORK PRACTICES - GRANT SUCCESS

File No: 55/16/1

Responsible Officer: David Simm Manager Environmental Programs

Author: Duncan Jinks Trainee Environmental Health Officer

EXECUTIVE SUMMARY Council recently received notification of success in its grant application for $20,000 for an industry specific educational program aimed at raising awareness of sustainable work practices in the automotive service, sales and repair industry within Maitland. Funding support will be used to fund the employment of a project officer, the coordination of workshops demonstrating sustainable work practices, local promotion of the project and its message, and the development of an industry specific resource kit for industry representatives. The primary mode of contact between council and the target group will be face-to-face through the employment of the project officer who will engage them in developing a resource kit containing educational materials and self-audit tools. This process is ultimately aimed at improving the sustainable management of air, water and waste specific to the automotive industry. The Rev Up Sustainable Work Practices program will be undertaken throughout the remainder of 2004, with project evaluation expected to take place in February and March 2005.


REPORT In May 2004, Council submitted a grant application with the NSW Department of Environment and Conservation requesting funding support for an industry specific educational program titled Rev Up Sustainable Work Practices. This project was designed to target the automotive service, sales and repairs industry in Maitland to raise awareness within this industry of practices that could not only improve the relationship with the environment, but also improve the overall operation of the industry. The grant application was submitted, as part of the Our Environment It’s a Living Thing grants program. The Program will consist primarily of face-to-face contact with the target group to engage and ultimately involve them in the development of an industry specific resource kit consisting of educational materials and self-audit tools. These activities


Rev Up For Sustainable Work Practices - Grant Success (Cont.)

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are ultimately aimed at an improvement in sustainable management of air, water waste and industry specific issues such as hazardous substances and noise. Council received notification in late June of its successful grant application for $20,000 to support the project. The project will now be implemented through the remainder of 2004 and is expected to be evaluated by March 2005.


10 OFFICERS REPORTS

10.1 GENERAL MANAGER

10.1.1 2004 HUNTER VALLEY STEAMFEST

File No: 35/21/1

Responsible Officer: Roger Stephan Executive Manager Economic Development & Marketing

Author: Roger Stephan Executive Manager Economic Development & Marketing

EXECUTIVE SUMMARY The purpose of this report is to provide Council with an overview of Hunter Valley Steamfest 2004.

OFFICER'S RECOMMENDATION THAT the overview of Hunter Valley Steamfest 2004 be received and noted.

REPORT The 19th annual Hunter Valley Steamfest was held from 16 – 18 April 2004 and attracted approximately 75,000 people to Maitland and the Hunter Region. Steamfest 2004 was the second Steamfest to be managed by Maitland City Council through Hunter River Country Tourism with the assistance of the Steamfest Advisory Board and Steamfest Working Group. Steamfest 2004 included attractions based around steam heritage and a range of family based activities designed to attract our target audiences of steam enthusiasts and families from Sydney, the Hunter, the Central Coast and other parts of regional New South Wales. The program included the following key components; Steam train excursions on 3801, 3830, 3112 (sourced through 3801 Ltd) to Newcastle, Singleton and Muswellbrook Tin Hare vintage diesels (sourced through the Rail Motor Society at Paterson) to Paterson “Show of Strength” and Road Building Display on the Steamfest Rally Ground by eleven road steam engines sourced from throughout New South Wales

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2004 HUNTER VALLEY STEAMFEST (Cont.)

Show ‘n’ Shine in Maitland Park attracting over 600 vehicles KO FM’s Juke Box Saturday Night in the Maitland Heritage Mall Amusements, stalls and street entertainment There were also activities at a number of “partner sites” including Richmond Vale Rail & Mining Museum, Walk Water Works, Morpeth, Stockland Green Hills and South Maitland Railways. Ticketing 2004 was second year of use of our automated ticketing system, Pass 3. Once again the system proved highly successful in managing pre and on site sales of over 50 train excursions. Pre-sales accounted for 74.1% of total sales – a figure, which has shown a steady increase over the past three years. The balance of tickets were consigned and sold through the Information Tent on the weekend or for the first time by volunteers in Newcastle and Paterson. An innovation for 2004 was web based ticket sales through the event site www.steamfest.com.au. Although only on sale for around two weeks a total of 4.1% of tickets were purchased via this means. Post event discussions with Provider tickets.com (a major web-based ticketing company) indicated that this was equivalent to sales experienced by major organisations such as the Sydney Symphony Orchestra for a similar timeframe. Train Excursions As a result of the increasing popularity of train excursions over the past few years – and which has seen a rise in ticket sales from $23,389 in 2002 to $72,640 in 2004 – the decision was made to introduce train excursions on the Friday of the event. Four excursions were offered and proved highly successful with 90.3% of tickets sold. A consequence of the popularity of the rail excursions was a degree of congestion in the Maitland Station area and, as a result of this, an imperative to further investigate crowd control and entertainment for passengers while they wait. An additional priority relates to the scheduling and adherence to timetable of the services themselves. The other addition to the Steamfest Train Excursions was the introduction of the “Pony Express” to Muswellbrook Races. This excursion was confirmed following extensive investigations into suitable locations for a “day trip” from Steamfest and was motivated by a desire to keep the event fresh and to cater to a potential new audience seeking a longer rail experience. At the time it was acknowledged that the initiative was a calculated risk given its considerably higher ticket price - $80 for a standard ticket or $90 for a luxury ticket. Feedback following the day was, however, extremely positive with 66% occupancy achieved and many passengers enquiring about future trips. The fact that the excursion fell just short of its budgeted income was – and is – seen as a positive

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http://www.steamfest.com.au/



investment in the development of new markets and it is likely that a similar activity will take place in 2005. Marketing 2004 was the final year of the triennial flagship events funding from Tourism New South Wales ($30,000 per year). A total of $37,326 was spent on public relations, television, radio and press advertising. A public relations consultant was also engaged to secure editorial coverage for the event. Marketing activities included television advertising and editorial (NBN), radio advertising (KOFM), press advertising (Maitland Mercury, Sunday Telegraph, Port Stephens Examiner, Central Coast Express, The Herald) and the updated website www.steamfest.com.au. These activities undoubtedly contributed to visitation to the event. Sponsorship A total of 33 sponsors invested in the event with a total of $41,280 sponsorship being achieved in cash or in kind ($7,000). Most of the business sponsors were Maitland based. Sponsorship did not reach the budgeted figure of $55,000 and as a result some ancillary activities were resized or not actioned. Nevertheless, the figure achieved was a creditable result and refinements to marketing of sponsorship opportunities should see a much higher result achieved for 2005. Volunteers In 2003 Hunter Valley Steamfest developed a structured volunteer program which attracted around 60 volunteers. The aim was to provide volunteers with a rewarding experience that would make them want to return in future years. The results of 2004 would indicate that this program achieved its goal. In 2004 there were over 90 volunteers working at Hunter Valley Steamfest in roles as varied as train and shuttle bus hosts, information and ticketing assistants, survey assistants, steam volunteers and at the Visitor Information Centre. Many of these were return volunteers who are also now assisting with other Council managed events throughout the year. Funding An overview of projected and actual income and expenditure follows. Ledger Name Budget Final Total Income Administration Sundry Income 1,000 1,000 Activities Sponsorship 55,000 41,280 Train Ticket Sales 50,000 72,639 Stall Site Fees 12,000 12,805 Bus Donations 500 1,969 Amusements 4,000 3,786

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http://www.steamfest.com.au/



Ledger Name Budget Final Total Promotion Merchandise 5,000 3,750 RFE Funding 30,000 30,000 Total Income 157,500 166,329 Expenditure Administration Salaries (Steamfest contribution to Tourism staffing)

12,200 12,200

Administration 7,500 2,988 Committee 750 376 Gaol Headquarters 1,000 387 Training 500 - Volunteers 3,000 1,140 Activities Logistics 17,000 16,515 Sponsorship costs 7,500 3,608 Train Hire 40,000 66,721 Road Steam 16,000 21,250 Entertainment 7,500 5,240 Sundry Activities 1,500 1,571 Juke Box Saturday Night 4,000 4,250 Promotion TV 12,000 13,393 Radio 6,000 4,091 Print Media 5,000 3,520 Public Relations 5,000 5,692 Design & Print 5,000 7,618 Newsletter 750 - Merchandise 5,000 3,012 Expenditure 157,200 174,744 RESULT Projected

surplus $300 Actual deficit $8,415

The net result achieved – and most particularly the final deficit of $8,415 – can be attributed to the following: Unforeseen additional costs associated with the transportation of road steam equipment to Maitland A shortfall (noted above) in sponsorships received Higher than expected costs associated with train hire (offset, in large measure, by higher than expected ticket sales) It should also be noted that Steamfest is a major undertaking that contributes millions of dollars to our local economy. In those terms – and while measures are in place to

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gain tighter control on costs – the final result was an excellent investment in a very good event. Future Directions 2005 will be a pivotal year for Hunter Valley Steamfest. The event will celebrate its 20th anniversary of operation and this should be seen as an opportunity to review its strategic directions and its positioning and resourcing within the Hunter and wider State events calendar. Steamfest has operated on the same successful formula throughout this time. To ensure it retains its relevance and interest for audiences it needs to remain fresh and offer new attractions. This is something to be addressed in planning for 2005. 2005 is also the 150th anniversary of rail in New South Wales and opportunities for linkages with this significant occasion should be investigated to ensure Steamfest’s involvement. Perhaps the greatest challenge for Hunter Valley Steamfest lies, however, in filling the gap left by the loss of triennial flagship event funding. A much more targeted sponsorship program is being implemented and costs will be more aggressively controlled. Nevertheless, as the true cost and contribution of the event is being more accurately assessed decisions will need to be made in the months ahead as to how much Council is prepared to invest in its tourism and events future. This issue may need to be addressed on a wider scale by Council in the months ahead.

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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10.1.2 MORPETH JAZZ FESTIVAL ADVISORY GROUP

File No: 35/21/4

Responsible Officer: Roger Stephan Economic Manager Economic Development & Marketing

Author: Rachel MacLucas Manager Tourism

EXECUTIVE SUMMARY The purpose of this report is to advise Council of the nominations that were received for the Morpeth Jazz Festival Advisory Group and to seek approval for the appointment of the recommended nominee’s.

OFFICER'S RECOMMENDATION THAT Council approve the Advisory Group membership outlined in this report

REPORT Following the Council election in April, it was necessary to declare positions on the Morpeth Jazz Festival Advisory Group vacant. In May, Council placed an advertisement calling for Nominations for the Morpeth Jazz Festival Advisory Board. Positions available included representatives from the tourism industry (2), the music industry (1), the wider business community (1) and the general community (1). Nominations were received from Brad Luke (Chamber of Commerce) – wider business community, Allan Ward (Allan Ward Music) – music industry, Trevor Richards (Campbell’s Store Craft Centre) – tourism industry and Gary Dean (Morpeth Pie Man) – tourism industry. No nominations were received for the general community representative. The Mayor and Cr Peter Garnham are the Councillor representatives on the Group. The nominees collectively represent a wide variety of experience with events, entertainment and the tourism industry that will assist the Morpeth Jazz Festival to continue to grow over the coming years. It is therefore proposed that their nominations be approved by Council.


MORPETH JAZZ FESTIVAL ADVISORY GROUP (Cont.)

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FINANCIAL IMPLICATIONS There are no financial implications arising from this report.

POLICY IMPLICATIONS There are no policy implications arising from this report.



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10.2 FINANCE AND ADMINISTRATION

10.2.1 MAITLAND NEW YEARS EVE GROUP

File No: 69/5

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Tracey Currie Executive Assistant & Community Events Co-ordinator

EXECUTIVE SUMMARY Following the Local Government Elections it is necessary to declare all positions vacant on committees of Council and call for nominations. The call for nominations for the group has been finalised and now requires formalisation by Council.

OFFICER'S RECOMMENDATION THAT The nominations received be accepted and those persons appointed as community representatives on the Maitland New Years Eve Group.

REPORT Council adopted the constitution and membership for the Maitland New Years Eve Group on 24 June 2003. The constitution specifies that positions must be declared vacant following a Local Government Election and new nominations called. The advertisement process has been completed with three nominations for positions of community representatives being received. Nominations were received from the following persons: Mr Geoff Robards Mr David Power Mrs Glenda Grugeon Both Mr Power and Mr Robards have been involved in the festivities for several years, Mrs Grugeon is local resident and a representative of Morpeth Public School. Positions exist for up to five community representatives on the Group, it is recommended that the three nominations be accepted so as planning may commence for the event. Other membership of the Group includes Clr Tony Keating, Mayor (or nominee), Community Events Co-ordinator and Group Manager Finance & Administration.


MAITLAND NEW YEARS EVE GROUP (Cont.)

FINANCIAL IMPLICATIONS This matter has no specific financial implications with this report.



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10.2.2 MG CAR CLUB NATIONAL RALLY

File No: 10/5

Responsible Officer: Graeme Tolhurst Group Manager Finance & Adminstration

Author: Tracey Currie Executive Assistant & Community Events Co-ordinator

EXECUTIVE SUMMARY Council has received an approach from the MG Car Club Hunter Region Branch seeking financial support of their National Rally to be held in Maitland over the Easter 2005 period.

OFFICER'S RECOMMENDATION THAT

1. Council support the MG Car Club National Rally with a donation of $5,000.

2. The $5,000 is to be made up of in-kind and cash contributions as outlined in this report.

3. Council fund the donation from within the existing budgetary allocation for Events & Festivals for 2004/05.

REPORT Council has received advice that the MG Car Club will be holding their National Rally in the City of Maitland over the Easter period in March of next year. The event is expected to bring 500-600 participants from all around the country to Maitland and the Hunter. Expected benefits to the city include the increased spending for accommodation (330 rooms), meals, fuel purchases, entertainment and shopping. Participants will arrive in the City on Good Friday for registration and informal welcome. Over the following three days events will be held in Maitland Park, Maitland Town Hall and other venues within and outside of Maitland. The final day will see a farewell breakfast in the Town Hall and a Delegates meeting. The Hunter Branch of the MG Car Club has approached Council seeking sponsorship of $10,000 to assist with the costs of holding the National Rally. Council has sponsored similar events such as the Triathalon and Rugby Knockout competition to the value of $5,000.


MG CAR CLUB NATIONAL RALLY (Cont.)

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It is felt that a contribution of $5,000 would allow Council to assist the Club with in kind sponsorship for their use of the Maitland Town Hall and road closures and equipment for activities in Maitland Park. It would also allow for a cash contribution towards the event.

FINANCIAL IMPLICATIONS The $5,000 donation to be funded from within the existing budgetary allocation for Events & Festivals for 2004/05.




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10.2.3 MAITLAND NEW YEARS EVE CELEBRATION

File No: 69/5


Author: Graeme Tolhurst Group Manager Finance & Administration

EXECUTIVE SUMMARY This report deals with a request from the New Year’s Eve Group to charge an admission fee to the 2004 Maitland New Year’s Eve celebrations to be held at Morpeth.

OFFICER'S RECOMMENDATION THAT The fees and charges outlined in this report be placed on public exhibition for a period of 28 days.

REPORT At the last meeting of the New Year’s Eve Group the decision was made to charge an entry fee to the Annual celebration to assist covering costs of the event. Since the commencement of the event crowd numbers have grown to the estimated 7,000 last year. The increased site and security costs have led the Group to consider the implementation of an entry fee for the event. It is proposed that the following charges (GST inclusive) be applied: Adult $2 Child 12 and under Free Child (13 and over) $2 Family Ticket $5 The above charges would need to be placed on public exhibition for a period of 28 days and included in Council’s fees and charges schedule.

FINANCIAL IMPLICATIONS This matter has no specific financial implications for Council.



MORPETH NEW YEARS EVE (Cont.)

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10.3 SERVICE PLANNING AND REGULATION

10.3.1 031787 DEMOLITION AND ERECTION OF MEDIUM DENSITY HOUSING - EIGHTEEN (18) DWELLINGS AND BOUNDARY ADJUSTMENT AT LOT 1 DP 10725, 28 EURIMBLA STREET, THORNTON AND LOT 2 DP 520629, 32 EURIMBLA STREET, THORNTON RECOMMENDATION: APPROVED

File No: 031787 Attachments: (3) Locality Plan

Development Plans Public Submissions

Responsible Officer: Stephen Punch Manager Development Services Author: Tracey Le Brun Town Planner Applicant: Thornton Developments Pty Ltd Proposal: Demolition and Medium Density Housing -

Eighteen (18) Dwellings and Boundary Adjustment

Location: Lot 1 Section L DP10725 and Lot 2 DP 520629, 28-32 Eurimbla Street, Thornton

Zone: 2(a) Residential

EXECUTIVE SUMMARY Development consent is sought from Council for Demolition of an existing cottage and Erection of Medium Density Housing - Eighteen (18) Dwellings and Boundary Adjustment at Lot 1 DP 10725, 28 Eurimbla Street, Thornton and Lot 2 DP 520629, 32 Eurimbla Street, Thornton. The subject land is zoned 2(a) Residential under Maitland Local Environmental Plan, 1993. Demolition and Medium Density Housing and Boundary Adjustment are permissible forms of development in the 2(a) Residential Zone with Council consent and are not inconsistent with the objectives of the zone. The proposal was placed on public exhibition from 22 May 2003 to 5 June 2003 and Council is in receipt of six (6) submissions of objection. The issues raised in the submissions relate to urban density, stormwater drainage, traffic congestion, overshadowing, overlooking and privacy, property devaluation, private covenants, noise, parking, pedestrian safety, open space and play areas, and replacement of old dwelling with units. These issues are addressed under Section 79C(1)(d) below. Potential impacts from the development include traffic, urban density, visual effects and stormwater drainage. These issues have been adequately addressed in section 79C(1)(b) below and in draft conditions of consent where appropriate.


031787 Erection of Medium Density Housing - Eighteen Dwellings Lot 1 DP 10725, 28 Eurimbla Street, Thornton and Lot 2 DP 520629, 32 Eurimbla Street, Thornton (Cont)

The proposal has been assessed with regard to relevant Section 79C Environmental Planning and Assessment Act 1979 heads of consideration, and, is recommended for approval subject to attached draft conditions of consent.

OFFICER'S RECOMMENDATION THAT: DA 03-1787 for Demolition of an existing dwelling and Erection of Medium Density Housing - Eighteen (18) Dwellings and Boundary Adjustment on Lot 1 DP 10725, 28 Eurimbla Street, Thornton and Lot 2 DP 520629, 32 Eurimbla Street, Thornton be approved, subject to the conditions of consent set out in the attached schedule.

REPORT

INTRODUCTION The subject land is located at Lot 1 DP 10725, 28 Eurimbla Street, Thornton and Lot 2 DP 520629, 32 Eurimbla Street, Thornton. (Refer to Attachment 1 for the Site Plan.) Lot 1 Section L DP 10725, 28 Eurimbla Street, Thornton has secondary frontage on Railway Avenue/Edwards Avenue. The subject land has a combined area of 6393m2, comprising 4047m2 at 28 Eurimbla Street, and, 2346m2 at 32 Eurimbla Street, Thornton. Each existing allotment contains a residential dwelling with improvements. Vehicle access for each dwelling is currently from Eurimbla Street. A roundabout is located on the corner of Eurimbla Street and Railway Avenue. The land is zoned 2(a) Residential under the Maitland Local Environmental Plan 1993.

PROPOSAL The proposal involves the demolition of an existing dwelling and improvements at Lot 1 Section L DP 10725, 28 Eurimbla Street, Thornton. In addition, a boundary adjustment is proposed between 28 and 32 Eurimbla Street, Thornton. An existing dwelling and improvements located at 32 Eurimbla Street, Thornton is to be retained on a smaller lot that will result from the boundary adjustment. The existing lots will change in shape and size in the following manner, 28 Eurimbla Street will increase in size to 5526.3m2 and 32 Eurimbla Street will decrease in size to 1136.7m2. The demolition and the boundary adjustment is associated with a medium density housing proposal to erect eighteen (18) two storey residential dwellings with attached garages. Units 2-8 and 11-18 inclusive have ground floor decks while units 1-8 and 11-18 inclusive have upper storey balcony treatments. Each dwelling has two bedrooms only and a single car garage. In addition, additional parking for residents (5 spaces) and visitors (5 spaces) is proposed within the development. The development plan indicates that access will be one-way through the development with a separate entry and exit point off Railway Avenue/Edwards

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Avenue. Landscaping is proposed within the development, in respect to private areas, and, an open space area with barbeque and a shelter located near the additional parking areas central to the site. (Refer to Attachment 2 for the Development Plan.)

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 subject land is zoned 2(a) Residential under Maitland Local Environmental Plan 1993. The proposed development is defined under the LEP as “Medium Density Housing”, Boundary Adjustment and Demolition which is a permissible land use in the 2(a) Residential zone with Council consent. The proposal is not considered to be inconsistent with the zone objectives, as follows. 2(a) Residential Zone

a) To provide for housing and associated facilities in locations of high amenity and accessibility.

b) To enable development for purposes other than residential only if it is compatible with the character of the living area and has a domestic scale and character.

c) To ensure that the development does not create unreasonable demands, in the present or in the future, for the provision or extension of public amenities or services.

The development is residential in purpose (b), and, is proposed to be located within an existing, older residential area within walking distance of core retail land, community facilities and services including a train station. The site is considered to be an area of high amenity and accessibility (a). The issue of a demand on public amenities and services will be addressed by requiring a Section 94 monetary contribution to be paid to Council prior to issue of the Construction Certificate (c).

Regional Environmental Plan The proposed development is considered consistent with the objectives and recommendations of the HREP.

State Environmental Planning Policies Not Relevant. Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition Not Relevant.

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Section 79C(1)(a)(iii) any development control plan Development Control Plan (DCP) 33 Subdivisions, DCP 22 Lower Hunter Urban Housing, DCP 31 Energy Efficiency and DCP 37 Advertising and Notification of Development Applications apply to the subject land. DCP 33 Subdivisions The proposal involves a boundary adjustment only with no new allotments created. The existing allotments are to change in shape and size with 28 Eurimbla Street will increase in size to 5526.3m2 and 32 Eurimbla Street will decrease in size to 1136.7m2. Each allotment is in excess of the minimum 450m2 area permitted for residential subdivision. No changes are proposed to the existing frontages, however, the length of 32 Eurimbla Street will decrease to 46.33 metres and the width of 28 Eurimbla Street will increase half-way down the allotment from 45 metres to 69.6 metres. The subject land has full access to all utility services and access to public roads. The proposed boundary adjustment is considered satisfactory under DCP 33. DCP 22 Lower Hunter Urban Housing The development is considered satisfactory under the DCP as a result of revised plans (dated May 2004) received at Council. However, minor plan amendments are required, and, it is proposed that they be addressed as draft conditions of consent:

• The use of mid-level vegetation or dense vegetation is to be deleted from the landscape plan and replaced by low and high level plant species with details provided to Council for reference;

• A wash tap is to be provided for wash down purposes and drainage to connect to the sewer in relation to the bin storage areas;

• Elevation details on the shelter and barbeque area and the location and treatment of the units mail boxes, are to be provided to Council for consideration prior to issue of the Construction Certificate; and,

• Amended plans to be provided detailing the location of the clothes drying areas or written confirmation on each unit’s use of an electric dryer.

DCP 31 Energy Efficiency The applicant has confirmed that each dwelling conforms with the minimum requirement for a 3.5 star rating. The hot water systems for the dwellings will be required to have a minimum of 3.5 star rating. Energy efficiency is considered adequately addressed in the development. DCP 37 Advertising and Notification of Development Applications The development was publicly exhibited from 22 May 2003 to 5 June 2003. A total of six (6) submissions were received which are discussed under Section 79C(1)(d) Public Submissions below.

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Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph) Not Relevant. 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 main issues of relevance to the proposed development are urban density, traffic and access, parking, stormwater drainage, visual impacts, public facilities and public services, and safety by design principles. Urban Density The proposed development is of higher density than surrounding residential development in the immediate locality, which is characterised by single, detached dwellings and a vacant residential allotment located at 24/26 Eurimbla Street. However, it is noted that fifteen (15) units are erected at 50 Eurimbla Street. The development is an example of urban consolidation which seeks to consolidate urban development in existing urban areas for effective use of existing public facilities and services, commercial and retail areas, and public transport. On that basis, while this development is significantly higher in density than adjoining residential development, it is not inconsistent with location in the 2(a) Residential zone. Traffic and Access The development has been assessed with regard to traffic and access impacts associated with the development and its location on the corner of Eurimbla Street and Railway Avenue/Edwards Avenue at Thornton. The volume of traffic generated by the development is not considered to have a significant impact on the surrounding road network. The location of one-way entry/exit driveway access onto Railway Avenue/Edwards Avenue is acceptable subject to a proposed central median being extended to a point six metres beyond the northern edge of the southern access with “No Right Turn” signage being installed opposite the driveway and “Keep Left” signage installed at the start of the median. “No Stopping” kerbside/roadside restrictions are to be installed on both the north side of Eurimbla Street over the development frontage to the roundabout to a point 9.5 metres east of the prolongation of the Edwards Street boundary, and, a length of six metres on the north side of both entry/exit driveways into Edwards Avenue. “Stop” restrictions are to be installed at the car park exits into Edwards Street. The internal circulation within the development has been assessed and is considered acceptable subject to adequate signposting and delineation of the circulating movement in the car park, including “Entry Only” and “Exit Only” signage at the car park entry and exits as appropriate. Lighting for the car park and car park accesses is required to be provided in accordance with Australian Standards requirements. In addition, a signposting and pavement plan is to be provided for approval prior to issue of the Construction Certificate.

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The issues of traffic and access including internal access arrangements are considered adequately addressed subject to the matters discussed above and other relevant matters attached to the draft conditions of consent being satisfactorily addressed prior to issue of the Construction Certificate. Parking The revised development plan and detail provided by the applicant indicates that adequate parking in the form of eighteen (18) single detached garages has been provided for the two bedroom dwellings in the development and five (5) car spaces for visitors with an extra space provided in excess of the required four (4) visitors car spaces under DCP 22. Five additional parking bays for residents have been provided in a central common area within the development. All of the units except Units 1 and 15 have the capacity for stack parking in front of each garage, and, it is recommended that two (2) of the extra common car bays be marked individually solely for use by the occupants of Units 1 and 15. The issue of parking is considered adequately addressed by the revised plans and the imposition of the controls listed. Storm Water Drainage The development plan indicates that roof water from Units 1 to 12 inclusive is to be disposed directly into the gutter. Roof water from the remaining units are to be disposed directly into the top of an on-site detention tank and an emergency flowpath is proposed to be located in a common open space area between Units 15 and 16. A leaf screen is to be situated at the outlet of the pit to capture leaves and litter. The pipe to the pit is to be sized to accommodate the 100 year flow to the on-site detention tank. An engineering assessment of the proposal requires that appropriate conditions of consent be applied in relation to the following matters:

• Inter-allotment drainage be provided along the south-eastern boundary of the development to permit drainage from Eurimbla Street into the drainage reserve at the rear of the development. A drainage easement is to be created and supported by an 88B Instrument. A plan showing all drainage lines is to be provided to Council for information purposes;

• The provision of a stormwater drainage detention system designed to Council’s Standards to reduce developed discharges to pre-development levels for all storms up to and including the 1 in 100 year event;

• The design, installation and maintenance of stormwater overflow, discharge and dispersal into the drainage reserve with the design being approved by Council prior to issue of the Construction Certificate;

• Stormwater runoff is to be collected and disposed to Council’s drainage system or by means of an inter-allotment drainage system; and,

• The provision of a sediment and erosion control plan to Council with the installation of such on site during site works.

The controls listed above are considered adequate to address the issue of storm water drainage in relation to the development. Visual Impacts

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The proposed development is significantly different from adjoining residential development in its visual appearance as a result of urban density and design characteristics indicated in the development plan. Revised plans have been received at Council which are generally satisfactory, however, the following design amendments are required to be addressed to soften the visual appearance of the development on the intersection of Railway Avenue/Edwards Avenue and Eurimbla Street, and, internal to the development.

• The use of mid-level vegetation or dense vegetation is to be deleted from the landscape plan and replaced by low and high level plant species with details provided to Council for reference;

• A wash tap is to be provided for wash down purposes and drainage to connect to the sewer in relation to the bin storage areas;

• Elevation details on the shelter and barbeque area and the location and treatment of the units mail boxes, are to be provided to Council for consideration prior to issue of the Construction Certificate; and,

• Amended plans to be provided detailing the location of the clothes drying areas or written confirmation on each unit’s use of an electric dryer.

Public Facilities and Public Services The issue of the provision or augmentation of public facilities and public services is adequately addressed by the imposition of a condition of consent requiring that a Section 94 monetary contribution be provided in relation to sixteen (16) dwellings prior to issue of the Construction Certificate. It is to be noted that an existing dwelling will be retained at 32 Eurimbla Street, and, the existing dwelling located at 28 Eurimbla Street is to be demolished. Due to the 2(a) Residential zoning on 28 Eurimbla Street, a dwelling entitlement already exists on the land with no further contribution required to the Section 94 monetary payment. Safety by Design An assessment of the development against safety by design principles identifies that Units 6-18 inclusive provide natural surveillance opportunities within the development from the unit’s frontage as a result of the location of these dwellings in rows. Additional resident parking and visitor parking is located centrally within the development at the common open space area and is also subject to natural surveillance. Internal lighting (vandal proof) for the common parking area and car park accesses to Australian Standard requirements are recommended. The rear of Units 11-18 inclusive back onto a drainage reserve which provides an opportunity for access to the rear of the units. However, it is to be noted that the fall of the land makes these units viewable to residents of Westerman Close, and, balcony treatments provide a surveillance opportunity for the occupants of Units 11-18 inclusive to note crime activity. Hiding opportunities as a result of landscaping may be minimised by limiting the use of mid-level vegetation or dense vegetation which could screen viewing corridors. The issue of safety by design is considered reduced by the imposition of controls as discussed.

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Section 79C(1)(c) the suitability of the site for the development The land is located in an existing, older residential area with access to all relevant utility services including sewer, water and power. The development will have access from public roads and is located within walking distance from public transport, public facilities and services, and core retail/commercial land. The subject land is located within an area of high amenity and accessibility. The road network is considered adequate to carry traffic generated from the development, however, a central median is to be constructed and extended on Railway Avenue/Edwards Avenue with signage to restrict access into the development. In addition, “No Stopping” kerbside/roadside restrictions are to be installed on the north side of Eurimbla Street over the frontage from the existing roundabout to a distance of 9.5 metres east along Railway Street/Edwards Avenue. The subject land backs onto a drainage reserve, and, appropriate conditions of consent have been applied in relation to stormwater drainage to ensure that the development does not have a detrimental impact on this area. No significant remnant vegetation or flora/fauna values are affected by the development. The site is considered suitable for the 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 placed on public exhibition for a period of 14 days from 22 May 2003 to 5 June 2003. As a result of the notification process, a total of six (6) submissions were received and are provided as Attachment 3 in this report. The main issues raised by the objectors are summarised below and comment provided: High urban density causing environmental impacts Planner's Comment An issue has been raised from public exhibition that the urban density of the development will result in environmental impacts, specifically drainage, sewer, noise and traffic. The proposal has been assessed with regard to the environmental impacts listed. It is noted that a drainage reserve exists at the rear of Units 11 to 18 inclusive. Storm water drainage is considered adequately addressed by requiring inter-allotment drainage, a storm water drainage detention system where appropriate (if the site cannot be drained to the street), and other appropriate conditions of consent. The development is not considered a significant traffic generator, however, conditions of consent have been applied in relation to internal and external access arrangements. A Section 50 Certificate is required to be obtained from the Hunter Water Corporation prior to issue of the Construction Certificate which is considered adequate to address the issue of sewer capacity. Noise generated from the development is expected to be residential in nature apart from traffic noise on the public roads. Construction noise will be temporary. The environmental impacts raised are considered adequately addressed by conditions of consent where appropriate, and, discussed in greater detail underneath.

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Storm water drainage Planner's Comment Submissions received at Council have raised concerns regarding stormwater drainage and flooding associated with the drainage reserve located at the rear of Units 11-18 inclusive. The subject land is not affected by the 1% Flood Standard adopted by Council. The plans submitted by the applicant have indicated that the site is to be either drained to the street or drained to an on-site detention tank. Leaf and litter controls are to be implemented with the tank. And, an emergency flowpath is to be located between Units 15 and 16. It is proposed to require that inter-allotment drainage be provided for those lots unable to drain to the street. A drainage easement is to be created for this purpose and a stormwater drainage detention system to be provided which is designed to reduce developed discharges to pre-developed discharges for all storms up to and including the 1 in 100 year event. Stormwater overflow, discharge and dispersal to the drainage reserve is to be approved by Council, and to be designed, installed and maintained to ensure that no erosion/scouring of water flow occurs in the reserve. Lastly, a sediment and erosion control plan is required to be prepared and installed during site works. These controls are considered adequate to address the issue of potential flooding on the lower parts of the subject land, and, stormwater drainage from the development. Existing traffic congestion exacerbated by proposal Planner's Comment Council’s Infrastructure Engineer has made an assessment of a Traffic Study submitted by the applicant. An analysis of the roundabout at the intersection of Railway Avenue/Edwards Avenue and Eurimbla Street indicates that in the year 2013 the overall performance of the is satisfactory with the intersection operating at a Level of Service “A”. The volume of traffic generated by the development is not considered to have a significant impact on the surrounding road network. The position of the proposed entry/exit driveway access on Edwards Avenue is acceptable subject to the construction of a central median being extended to a point six metres beyond the northern edge of the southern access with “No Right Turn” signage being installed opposite the driveway and “Keep Left” signage installed at the start of the median. “No Stopping” kerbside/roadside restrictions are to be installed on both the north side of Eurimbla Street over the development frontage to the roundabout to a point 9.5 metres east of the prolongation of the Edwards Street boundary, and, a length of six metres on the north side of both entry/exit driveways into Edwards Avenue. “Stop” restrictions are to be installed at the car park exits into Edwards Street. The provision of “Entry Only” and “Exit Only” signage at the car park entry/exits and a signposting and pavement plan is also to be provided. The issue of traffic congestion is considered adequately addressed subject to the matters discussed above and other relevant matters attached to the draft conditions of consent being satisfactorily addressed prior to issue of the Construction Certificate. Overshadowing Planner's Comment A concern has been raised from a resident on Westerman Close regarding overshadowing of a backyard. Properties located in the west or north such as on Westerman Close shall not be affected during Summer or Winter due to the north

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orientation. An assessment of the development indicates that that no significant overshadowing shall occur on other adjoining land as a result of the northern orientation of the subject land, setbacks on the public roads and road widths, the stepping back of the development from the corner of Railway Avenue/Edwards Avenue, the staggering of detached unit clusters and the broken rooflines associated with the clusters. The existing dwelling located at 32 Eurimbla Street is not considered affected by overshadowing. The dwelling located at 34 Eurimbla Street is not affected by overshadowing due to its location at the front of the allotment, however, minor overshadowing is expected to occur at the rear of the land. The issue of overshadowing is not considered significant and adequately addressed by the development plan. Privacy and overlooking Planner's Comment The issues of impact on privacy and overlooking are related and are thus addressed together. These issues have been raised in letters from Westerman Close, Edwards Avenue and Eurimbla Street received as a result of public exhibition. This issue relates to the two storey development and balcony treatments in the proposal. 26 Eurimbla Street and 6 Edwards Avenue are separated by road widths from the land and any viewing from windows in the upper storey is expected to be minor given the general nocturnal occupation of that part of the dwellings, and, the location of the living areas on the ground floor of each dwelling. In addition, no direct viewing into the backyard of 6 Edwards Avenue is possible given the location of that dwelling at the front of the lot. The remaining properties on Westerman Close have backyards that adjoin a drainage reserve in between the land subject to the development. The upper storey of the dwellings in the development are not comprised of living rooms therefore the use of the balconies or viewing from windows will be limited and not have a significant impact on adjoining Westerman Close. Property devaluation Planner's Comment The issue of property devaluation has been raised as a result of public exhibition. The proposed development is significantly higher in density to surrounding development. However, no information is available to suggest that approval of this development will result in the devaluation of adjoining property. Private covenants Planner's Comment The matter of private covenants has been raised from public exhibition. Council is not bound by private covenants and able to determine development applications in accordance with the requirements of the Maitland Local Environmental Plan 1993. Noise Planner's Comment The issue of noise from the development and existing traffic noise has been raised in two submissions received from public exhibition. The increase in density of residential development proposed on the land is likely to result in higher noise levels from the site than currently experienced from the subject land, which is characterised by one dwelling per allotment. Noise levels resulting from the development is not considered

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likely to be beyond permitted EPA levels for residential development. However, it is noted that traffic levels will increase on Railway Avenue/Edwards Avenue and add to existing traffic noise experienced in the area. The issue of traffic noise was raised in one submission to Council located at the roundabout intersection of Railway Avenue/Edwards Avenue/Eurimbla Street. This issue of traffic noise is problematic due to the development of the Somerset Park Estate to the north and future plans for land release in Thornton North. The roundabout intersection also receives traffic from Taylor Avenue and the older residential areas of Thornton, and, Eurimbla Street. The issue of existing traffic noise and an addition to the noise from the proposed development is acknowledged, however, the majority of traffic causing noise is associated with the Somerset Park Estate and other residential areas discussed, and, therefore should not be considered an impediment to issuing an approval for the development. Parking impacts Planner's Comment The revised plans submitted to Council provide adequate parking for the residents without recourse to stack parking, and, visitors to the site. However, an assessment of private driveway access lengths into garaging indicates that the majority of the dwellings apart from Units 1 and 15 are of sufficient width to permit stack parking for residents/visitors if required. It is to be noted that a total of five (5) additional residents car spaces are provided in a common parking area. It is considered prudent to mark two of the extra residents car spaces for the sole use of Units 1 and 15 to facilitate site amenity. In addition, five (5) visitors car spaces are also provided in the common parking area which is one space in excess of requirements. To ensure that on-street parking does not result on the Edwards Avenue/Eurimbla Street frontage in vicinity of the intersection, “No Stopping” restrictions kerbside/roadside restrictions are to be installed on both the north side of Eurimbla Street over the development frontage to the roundabout to a point 9.5 metres east of the prolongation of the Edwards Street boundary, and, a length of six metres on the north side of both entry/exit driveways into Edwards Avenue. The imposition of controls as discussed is considered sufficient to address concerns raised about parking impacts from the development. Pedestrian safety Planner's Comment A concern has been raised regarding pedestrian safety and potential impacts between motor vehicles and pedestrians as a result of the “poor” condition of the footpaths. This has been raised as an issue that could result due to traffic movements from the site. An assessment of the development has resulted in traffic controls on Edwards Street to control movement in and out of the site, and, restrict parking on the street in vicinity to the roundabout intersection. The location of the roundabout intersection will also restrict traffic movement from the site due to other road users (in motor vehicles). Council has a works program which may be used for footpath upgrading if required. The issue of pedestrian safety is considered adequately addressed by the development, however, an assessment on the condition of footpaths in the immediate area is recommended for both existing users and the future occupants of the proposed development.

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Open Space and play areas Planner's Comment A concern has been raised about the provision of open space and play areas for future occupants of the development. The development has satisfied the objectives and performance criteria for useable open space and met the minimum requirements for the provision of useable open space outlined in Development Control Plan 22 Lower Hunter Urban Housing. The development plan indicates that a common open space area with a barbeque is to be located centrally within the development. The augmentation, upgrading or provision of open space and recreation in the area and over the City has been addressed by requiring that applicant pay a Section 94 monetary contribution to Council for additional dwellings on the land prior to issue of the Construction Certificate. It is to be noted that this land is also within walking distance of public land zoned 6(a) Public Recreation located on Taylor Avenue in Thornton. The issue raised is considered adequately addressed in the development plan and by conditional consent. Replacement of existing old dwelling by units Planner's Comment The proposal will result in the demolition of an old dwelling located at 28 Eurimbla Street, however, the dwelling is not listed as being of heritage significance in the Maitland Local Environmental Plan 1993. Medium Density Housing is permissible with consent in the 2(a) Residential zone and therefore Council may consider approval of the development on merit subject to it complying with relevant standards and legislation. Section 79C(1)(e) the public interest The provision of varying sized residential development is considered within the local public interest.



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 proposal is defined as Demolition, Medium Density Housing and Boundary Adjustment, which are permissible with consent and consistent with zone objectives.

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Likely impacts from the development are considered adequately addressed by revised plans before Council and appropriate conditions of consent. Issues raised as a result of public exhibition are considered to be adequately addressed by revised plans and appropriate conditions of consent, however, it is acknowledged that the proposal is of higher density than surrounding residential development generally in the area, and, that existing traffic movements have increased both traffic movements and noise on Railway Avenue/Edwards Avenue. This matter of traffic noise and an increase in traffic movements is expected to increase particularly in the context of future land release associated with Thornton North. An assessment of the condition of footpaths in the immediate area is also recommended as part of Council’s works program. The proposed development has been assessed with regard to relevant Section 79C Environmental Planning and Assessment Act 1979 heads of consideration and is recommended for approval subject to attached conditions of consent

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SCHEDULE OF CONDITIONS COMPLIANCE Reason: The following condition(s) have been applied to confirm and clarify the terms of Council’s Approval.

1 The applicant shall comply with all conditions within this schedule prior to occupancy of the proposed development. 2 The proposed development is to be carried out strictly in accordance with the plans and documentation submitted with the application and any amendments to those plans arising through conditions to this consent. 3 The proposed development is to be carried out strictly in accordance with the Plans Revised May 2004 prepared by F. Torbica Architect submitted with the application, and any amendments to those plans arising through conditions to this consent. 4 The proposed boundary adjustment is to be endorsed by Council prior to issue of the Construction Certificate. 5 The proposed central median in Edwards Avenue is to be extended to a point six (6) metres beyond the northern edge of the southern access with No Right turn signage installed in the median opposite the driveway and Keep Left signage installed at the start of the median. The median is to be a 600 mm wide concrete designed and constructed to Councils requirements. 6 “No Stopping” kerbside/roadside restrictions are to be installed on: a) the north side of Eurimbla Street over the frontage of the development with the No Stopping to commence at the roundabout and terminate at a point 9.5 metres east of the prolongation of the Edwards Avenue property boundary. b) for a length of 6 metres on north side of both entry exit driveways in Edwards Avenue. 7 “Stop” restrictions are to be installed at the car park exits into Edwards Street. 8 Internal lighting (vandal proof) for the car park and car park accesses shall be installed to Australian Standard requirements. 9 Adequate signposting and delineation of the circulating movement in the carpark is to be provided including Entry Only Exit Only signage at the car park entry exits as appropriate. 10 The applicant is to provide for Council approval prior to the issue of the construction certificate a signposting/pavement marking plan. 11 Footway crossings on entry/exit driveways on Edwards Avenue are to be flared to an eight (8) metres width at the kerb. CARPARKING Reason: The following condition(s) have been applied to ensure the provision of adequate parking facilities constructed to a suitable standard commensurate with the demand likely to be generated by the proposed development.

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12 The provision of on-site parking in accordance with Council's Car Parking Policy adopted 14th October, 1986. For the subject application the required car parking has been assessed at a minimum of eighteen (18) residents car spaces and four (4) visitor’s car spaces. A total of twenty-two (22) car spaces are required. 13 The additional residents car parking in the common area is to be marked on the pavement. One space each is to be marked for the sole use of the occupants of Units 1 and 15. 14 An amended car park plan is to be provided which modifies one (1) of the visitor car spaces to accommodate parking for the mobility impaired. The minimum dimensions are 3.8 metres width by 5.4 metres in length. 15 All driveways, parking areas and vehicular turning areas are to be constructed of bitumen sealed gravel pavement or a higher standard. 16 All parking and loading/unloading bays, truck docks, driveways and turning areas are to be maintained clear of obstructions and under no circumstances are to be used for the storage of goods or waste materials. 17 All parking and loading bays shall be permanently marked out on the pavement surface, with loading bays being clearly indicated by means of appropriate signage. LANDSCAPING Reason: The following condition(s) have been applied to ensure that adequate provision is made for the landscaping of the site in association with the proposed development, to enhance the external appearance of the development, and to ensure that existing and proposed landscaped areas are appropriately maintained.

18 The landscaped area of the development is to be maintained at all times in accordance with the approved landscape plans. DESIGN Reason: The following condition(s) have been applied to ensure that:

i) Buildings are constructed in a manner which has regard for the constraints affecting the subject land.

ii) Buildings are constructed of suitable materials with respect to their function and location and that colour schemes and restoration works are appropriate and retain the integrity of existing structures. 19 All service pipes and vents shall be concealed within the external walls of the development. Access panels are to be provided as per the requirements of the relevant authorities. 20 The provision of external clothes hoists/clothes lines at the rate of 10 lineal metres per unit located and screened. This feature is to be marked on plans submitted as part of the Construction Certificate OR The provision of mechanical clothes dryers in each unit.

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21 The use of mid-level vegetation or dense vegetation is to be deleted from the landscape plan and replaced by low or high level plant species with details provided to Council for reference. 22 A wash tap is to be provided for wash down purposes and drainage to connect to the sewer in relation to the bin storage areas. 23 Fencing of the courtyard areas are to be 1.8 metres in height. 24 Elevation details on the shelter and barbeque area and the location and treatment of the units mail boxes, are to be provided to Council for consideration prior to issue of the Construction Certificate. 25 The external colour scheme is to be amended to include the revised colour detail received 10 June 2004. UTILITY SERVICES Reason: The following condition(s) have been applied to ensure that adequate utility installations are provided to the site to serve the development and to satisfy the requirements of the various servicing authorities.

26 Consultation with and compliance with the requirements of the Hunter Water Corporation. Documentary evidence from the Hunter Water Corporation shall be submitted to Council prior to the release of the Construction Certificate. 27 Consultation and compliance with the requirements of the following authorities: (i) Energy Australia (ii) Telstra (in particular, their requirements for Pre Provisioning Confirmation prior to commencement of construction work). CONTRIBUTIONS/FEES Reason: The following condition(s) have been applied to ensure that:

i) Where the proposed development results in an increased demand for public amenities and services, payment towards the cost of providing these facilities/services is made in accordance with Councils adopted contributions plan prepared via the provisions of section 94 of the Environmental Planning and Assessment Act, 1979.

ii) Council's administration expenses are met with respect to the processing of the application.

28 The payment of a monetary contribution in accordance with Council's policy adopted on the 1st September, 1995 for the Provision of public amenities and services within the Maitland Local Government Area as follows:- City Wide 1. Community Amenities & Services $13,424.00 2. Recreation & Open Space $5,216.00 3. Cycleway $1,232.00

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6. Urban Roads $512.00 8. Administration $1,536.00 East Sector 2. Recreation & Open Space $5,760.00 TOTAL $27,680.00 NOTE: The above rates are effective from 1st January 2004, and will be subject to inflation adjustment, calculated as at the date of payment. The method of adjustment shall be based on the Implicit Price Deflator (Total Public Gross Fixed Capital Expenditure) as published by the Australian Bureau of Census and Statistics. The above payment is to be made prior to release of the Construction Certificate. 29 A final survey plan endorsement fee applicable at the time of release of

plans shall be paid to Council prior to the release of the plan. (currently $165.00)

CONTRIBUTIONS/DRAINAGE Reason: The following condition(s) have been applied to ensure that where the proposed development results in an increased demand for drainage infrastructure, payment towards the cost of providing these facilities/services is made in accordance with either an adopted policy of Council or Councils adopted contributions plan prepared via the provisions of section 94 of the Environmental Planning and Assessment Act, 1979.

30 A Drainage Plan Checking Fee of $619.00, based on Council’s current Fees and Charges Schedule, must be paid prior to issue of the Construction Certificate. GENERAL PROVISIONS Reason: The objectives of the following conditions is to draw to the attention of the applicant and owner their responsibilities to comply with various provisions of the Environmental Planning and Assessment Act, 1979, Environmental Planning and Assessment Regulations, 2000, Local Government Act 1993; Regulations; Building Code of Australia and Local Policies relating to building construction and maintenance.

31 It is the Applicants responsibility to ensure compliance with the requirements of the Disability Discrimination Act, 1992 (DDA). Note: Compliance with the Building Code of Australia does not necessarily meet the requirements of the DDA. 32 A construction certificate is to be obtained prior to commencing construction works. The construction certificate application is to include detailed plans and specifications for the construction of the building/structure. 33 All aspects of the building design shall comply with the applicable performance requirements of the BCA for a Class 1(a) building so as to achieve and maintain acceptable standards of structural sufficiency, safety (including fire safety), health and amenity for the ongoing benefit of the community. Compliance with the performance requirements can only be achieved by: a) complying with the deemed to satisfy provisions, or

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b) formulating an alternative solution which: i) complies with the performance requirements, or ii) is shown to be at least equivalent to the deemed to satisfy provision, or c) a combination of a) or b). 34 All building work must be carried out in accordance with the provisions of the Building Code of Australia. 35 The building must comply with the Category 1 fire safety provisions applicable to the proposed new use. 36 The owner should note that the issue of this development consent does not amount to a release, variation or modification by Council of any covenant applicable to this property and that any action taken by the applicant in accordance with the consent which results in any loss or damage by way of breach of the covenant will not be the responsibility of Council. 37 Proposed structure is not to be located on or over the boundary line of the subject allotment. 38 The building shall be set out by a registered surveyor. A Survey Certificate shall be submitted indicating the location of the footprint of the building relative to the boundaries of the lot and where applicable other buildings. 39 The development or any portion of the development shall not be used or occupied until an “Occupation Certificate Application” has been received and determined by Council and an Occupation or Interim Occupation Certificate has been issued. Occupation certificate applications must be accompanied by the required fee and all associated information and certifications. To ensure occupation or use of the development can occur in a timely fashion, the occupation certificate application should be submitted at the same time as the final inspection is being requested. 40 Copy of the approved plans and specifications and consent shall be kept on the site at all times during construction. 41 The maximum gradient of the driveway to garage, carport and/or carparking area shall not exceed 1 in 5. This gradient commences at the footpath level of the front boundary. 42 (1) Building work that involves residential building work (within the meaning of the Home Building Act, 1989) must not be carried out unless the principal certifying authority for the development to which the work relates: (a) in the case of work to be done by a licensee under that Act: (i) has been informed in writing of the licensee's name and contractor licence number, and (ii) is satisfied that the licence has complied with the requirements of Part 6 of that Act, or (b) in the case or work to be done by any other person; (i) has been informed in writing of the person's name and owner-builder



permit, or (ii) has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in Section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs. (2) A certificate purporting to be issued by an approved insurer under Part 6 of the Home Building Act, 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that part. 43 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. 44 The proposed building works are to be constructed clear of the existing easement. 45 The applicant is required to submit to Council Notice of Commencement at least two (2) days prior to the commencement of construction works. 46 The applicant is required to submit to Council Notice of Appointment of the Principal Certifying Authority at least two (2) days prior to the commencement of construction works. 47 The requirements of the Hunter Water Corporation with regard to construction works over or adjacent to a sewer main are to be adhered to. 48 Inspections are required to be carried out at the following stages of the construction. Continuation of any further works is to be suspended until a satisfactory inspection has been carried out and a compliance certificate issued. a) The site if: i) any filling is disclosed; ii) it is excavated to a depth of more than 600mm, or any other unusual or abnormal conditions or circumstances are encountered. b) Footings - after trenches are formed and reinforcing steel is laid and fixed and prior to pouring concrete. c) Slabs - after site is formed, reinforcing steel is laid and fixed prior to pouring concrete. d) Floor Framing - after erection of bearers and joists and installation of termite control method and prior to placement of flooring materials. e) Frame - when construction has reached lockup stage with external cladding and roof material fixed but prior to fixing any internal linings or

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insulation. f) Wet Area Flashing - after application of an approval product but prior to its covering. Alternatively a certificate of installation may be submitted to Council from an approved flashing installer after its application but prior to calling for a final inspection. g) Stormwater Drains - after laying pipe work but prior to drains being covered. h) Final - on completion of all works BUT prior to occupation/use. NOTE: Minimum 24 hours notice will be required prior to each inspection. All inspections must be booked with Council by 3.00pm on the day before the inspection is required. Facsimile requests for inspections will not be accepted. The approved fee must be paid for the inspections. Inspection bookings can be made by telephoning the Council on (02) 4934-9700 in during normal office hours. 49 Unless otherwise approved by Council in writing; all building work associated with this approval shall be carried out between 7.00am and 6.00pm Monday to Fridays and 7.00am to 5.00pm on Saturdays with no work permitted on Sundays or Public Holidays that may cause offensive noise. 50 The residential dwellings and hot water systems must conform to a minimum 3.5 star rating with confirmation provided prior to issue of the Construction Certificate. 51 A final plan of survey and three (3) copies shall be submitted to Council for endorsement by the Council. SITE CONSIDERATIONS Reason: The objectives of the following conditions is to provide for a safe and healthy environment for the occupants of the allotment and to maintain an adequate level of safety and cleanliness for the local environment. 52 All excavated an/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 of 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. 53 All building refuse on this building site shall be stored in such a manner so as not to cause a nuisance to adjoining properties. 54 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

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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). 55 If the work: i) is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or ii) involves the enclosure of a public place a hoarding or fence must be erected between the work site and the public place. If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place. The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place. Any such hoarding, fence or awning is to be removed when the work has been completed. 56 A sign must be erected in a prominent position on the work: (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. This condition does not apply to: (i) building work carried out inside an existing building, or (ii) building work carried out on premises that are to be occupied continuously (both during and outside working hours) while the work is being carried out. 57 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. 58 The site is to be cleared of all building refuse and spoil immediately after completion of the building/structure. 59 No building materials, refuse or spoil is to be deposited on or be allowed to remain on Council's footpath.



60 Suitable and adequate measures are to be applied to restrict public access to the site and building works, materials and equipment. 61 The applicant is required to notify Council in writing prior to commencing building operations, of any existing damage to kerbing and guttering and/or footpath paving the absence of such notification shall signify that no damage exists and that the applicant will be liable for the cost of the reinstatement of any damage to kerbing and guttering or footpath paving which may be necessary after completion of the building operation. 62 Where a lot has frontage to existing concrete foot paving or a cycle path within the footpath, the location of the proposed vehicular driveway access is to be identified and the concrete paving removed over the width of the access. Access to the site by construction traffic will only be permitted at this location. Any damage to the remainder of the footpaving/cyclepath is to be reinstated by the property owner to Council's satisfaction. TRAFFIC/ROADS/FOOTPATH Reason: The following condition(s) have been applied to ensure that the surrounding road system, footpaths, access/egress and internal parking and maneuvering areas are designed and constructed to a standard adequate to service the proposed development.

63 Concrete kerb laybacks are to be constructed in accordance with Council's Standard Drawing SD50. Light Duty concrete kerb laybacks are to be constructed to the units in Eurimbla Street. Laybacks serving the internal roads from Edwards St are to be doubly reinforced with two layers of F72 mesh. The minimum thickness of such laybacks shall be 150mm. The top layer of reinforcement shall have 25mm clear cover to the top. The bottom layer of reinforcement shall have 50mm clear cover to the bottom. Only ready mixed concrete of 28 day compressive strength, not less than 32Mpa shall be used. Finish shall be plain concrete broomed finished unless some other finish has been specified in the Development Application. 64 Light Duty vehicular footpath crossings, to the units in Eurimbla Street,

shall be constructed as full width concrete slabs in accordance with the design criteria contained in Maitland City Council Standard Drawings SD68, SD77 and SD78. Concrete shall be 100mm thick, reinforced with F72 mesh with 25mm clear cover to the top. Only ready mixed concrete of 28 day compressive strength, not less than 20Mpa shall be used. Finish shall be plain concrete broomed finish unless some other finish has been specified in the Development Application.

65 Heavy duty vehicular footpath crossings, serving the internal roads to Edwards St, shall be constructed as full width concrete slabs in accordance with the design criteria contained in Maitland City Council Standard Drawings SD77 and SD78. Concrete shall be 150mm thick and doubly reinforced with two layers of F72 mesh. The top layer of reinforcement shall have 25mm clear cover to the top. The bottom layer shall have 50mm clear cover to the bottom. Only ready mixed concrete of 28 day compressive strength not less than 32Mpa shall be used. Finish shall be broom finished plain concrete only, unless some other finish has been specified in the Development Application.

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66 Barricades and lights are to enclose the whole of the vehicular crossing work areas, and are to be maintained for the duration of the work. Adjacent footpath areas are to be kept clear of debris etc. at all times and in a safe condition for pedestrian access.

67 Where concrete has been poured, the works shall be closed to traffic for seven days after the pour. After completion of works, and removal of formwork, the adjacent footpath shall be trimmed or filled along the edges of the works to an even grade of 1(V) to 4(H) maximum. Concrete surfaces shall be broom finished plain concrete only, unless some other finish has been specified in the Development Application. All edges and dummy joints finished with a 75mm edging tool. The kerb layback and footpath crossing slab shall not be integral, but be separated by a full depth bitumen impregnated joint filling strip.

68 Prior to issue of a Construction Certificate and consent under the Roads Act for works within the existing public road, fully detailed engineering plans shall be approved by Council. Council will conduct “critical stage inspections” during construction. The appropriate fees for these services shall be paid prior to issue of the Construction Certificate for these works.

69 Prior to issue of the Subdivision or Occupation Certificate, all works shall be carried out in accordance with the Construction Certificate and Council's standards.

70 A traffic control plan for works on the existing public road reserve shall be submitted to and approved by Council prior to the commencement of construction.

71 Existing gutter inverts no longer required are to be sawcut full depth, removed and replaced with full section concrete kerb and gutter for the full length of the gutter invert and the road shoulder and footpath reinstated.

DRAINAGE & SEDIMENT/EROSION CONTROL Reason: The following condition(s) have been applied to ensure that:

(i) Adequate sediment/erosion control structures are provided to prevent siltation of existing drainage systems and waterways;

(ii) Stormwater internal and external to the proposed development site is controlled to minimise the risk of flooding to upstream and downstream properties; and

(iii) Due regard is given to the development of flood liable land or land in the vicinity of flood liable land.

72 An Interallotment Drainage Line (IAD) is to be constructed along the

south eastern boundary of the development to provide drainage from the Eurimbla Street residual lot to the drainage reserve at the rear of the development. An easement is to be created to Drain Water (Desirably 1.5m wide, minimum 1.0m wide) over the drainage line in favour of the Lot benefited. All newly created easements are to be suitably described in an 88b Instrument. A plan showing the location of all stormwater drainage lines is to be submitted to Council for future reference.

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73 A stormwater drainage detention system is to be provided to the development. The system is to be designed to reduce developed discharges to predeveloped discharges for all storms up to and including the 1:100 year event. A Drainage Plan Checking Fee of $619, based on Council’s current Fees and Charges Schedule, must be paid prior to issue of the Construction Certificate.

74 Stormwater overflow, discharge and dispersal to the drainage reserve shall be designed, installed and maintained so as to ensure that no erosion or scouring of water flow occurs on the reserve. Such design shall be submitted for Council approval prior to the issue of a Construction Certificate.

75 Stormwater runoff from large impervious areas, driveways and roof areas is to be collected and disposed of to Council's drainage system or an appropriate inter-allotment drainage system in accordance with Council's publication "A Guideline for Stormwater Drainage Design". Where sealed internal driveways areas, greater than 30 square metres, discharge stormwater across the Council footpath then grated surface drains must be constructed across the property boundary line to the requirement of Council.

76 The site and its surrounding environs are to be protected from the effects of sediment and erosion by the application of generally accepted sediment and erosion control principles. In this respect, a sediment and erosion control plan shall be submitted to Council for reference, and site controls shall be established in accordance with that plan certified by a practising Engineer or suitably qualified person, must be submitted to Council prior to the issue of a Construction Certificate. Council must also receive Certification that the site controls are in place, prior to the commencement of works. STANDARD PROVISIONS Reason: The objective of the following conditions is to draw to the attention of the applicant and owner their responsibilities to comply with various provisions of the Environmental Planning and Assessment Act; Regulations; Building Code of Australia and Local Policies relating to building construction and maintenance. 77 Where the proposed development involves the disturbance of any existing survey monuments, those monuments affected will need to be relocated by a Surveyor registered under the Surveyors Act. A plan showing the relocated marks will then be required to be lodged as a matter of public record at the Land Titles Office. 78 An occupational health and safety plan is to be submitted to and approved by Council prior to the commencement of construction. Construction within the existing road reserve must not take place without the occupational health and safety plan being adhered to. 79 Provision of a distinguishing number approved by Council and clearly visible from the street.

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10.3.2 DA04 1766 TWO LOT SUBDIVISION LOT 206 DP 1047174 OXFORD PLACE MORPETH. RECOMMENDATION: APPROVAL

File No: DA04-1766 Attachments: Locality Plan

Development Plan Submissions

Responsible Officer: Stephen Punch Development Manager Author: Tracy Sharp Town Planner Applicant: Don Madden Proposal: Subdivision Location: Lot 206 DP 1047174 1 Oxford Place, Morpeth Zone: 2(a) Residential

EXECUTIVE SUMMARY Development consent is sought from Council for a two (2) lot subdivision at Lot 206 DP 1047174, 1 Oxford Place, Morpeth. The subject land is zoned 2(a) Residential under Maitland Local Environmental Plan, 1993. Subdivision is a permissible form of development in the 2(a) Residential Zone with Council consent and is not inconsistent with the objectives of the zone. The proposal was placed on public exhibition from 20 May 2004 until 3 June 2004 and Council is in receipt of six (6) submissions of objection. The issues raised in the submissions relate to the ability to re-subdivide land, water supply, and devaluation. Council resolved at the Approvals and Regulatory Meeting dated 12 August 2003 to prepare and exhibit Draft Development Control Plan No. 6 Raworth Residential Subdivision. The Draft Development Control Plan has been placed on pubic exhibition for a period of twenty – eight (28) days from 17 May 2004 to Monday 21 June 2004. Council received the subject application on the 13 June 2004, before the exhibition period of the draft DCP. The application has been assessed under the provisions of the Environmental Planning and Assessment Act 1979 and is recommended for approval subject to conditions of consent.


DA04 1766 Two lot subdivision Lot 206 DP 1047174 1 Oxford Place Morpeth (Cont)

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DA04 1766 for two (2) lot subdivision on Lot 206, DP 1047174 1 Oxford Place Morpeth be approved, subject to the conditions of consent set out in the attached schedule.

REPORT

INTRODUCTION The subject land is located at Lot 206 DP 1047174, 1 Oxford Place, Morpeth. (Refer to Attachment 1). The subject land is vacant and has an area of 2051 square metres with dual frontage to Oxford Place and London Avenue. The site has a length of 60.1 metres and a width 33 metres. The subject land is within the Morpeth Heritage Conservation Area and is subject to the provisions of Development Control Plan No 6 - Raworth.

BACKGROUND On the 26 March 2002 Council approved a subdivision to create 107 residential allotments, of which fifteen (15) were for “lifestyle” allotments and ninety-one (91) standard residential allotments. This area known as Morpeth Manor is subject to water servicing requirements. The Hunter Water Corporation approved a water servicing strategy prepared by the developer for a total yield of 238 allotments in the estate. Following the approval of the original subdivision, Council amended Development Control Plan No. 6 - Raworth on 4 July 2002 to advise future purchasers that the land in the Morpeth Manor Estate was constrained by water servicing. Council received a letter from Hunter Water Corporation dated 28 April 2004 indicating, “densification below RL 28m now need not be held up. We are satisfied that appropriate arrangements are in place to maintain adequate water services to those properties below RL 28m.” On the 12 August 2003 Council resolved to prepare and exhibit a Draft development Control Plan No. 6 Raworth Residential Subdivision. The objectives of the amendment are to preclude re-subdivision of the “Lifestyle“ allotments located towards the northern part of Morpeth Manor Estate. This will allow a visual transition between Closebourne and Morpeth House, both heritage items. The draft DCP was exhibited for a period of twenty-eight days from 17 May 2004 until 21 June 2004.



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PROPOSAL The applicant proposes a two (2) lot subdivision. Proposed lot 2062 will have an area of 1000 square metres with a frontage to both Oxford Place and London Ave and proposed lot 2061 will have an area of 1051 square metres with a frontage to Oxford Place only. (Refer to Attachment Two).

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 subject land is zoned 2(a) Residential under Maitland Local Environmental Plan 1993. The proposed development is defined under the LEP as “subdivision” which is a permissible land use in the zone with Council consent. The proposal is not considered to be inconsistent with the zone objectives, as follows: 2(a) Residential

a) To provide for housing and associated facilities in locations of high amenity and accessibility.

b) To enable development for purposes other than residential only if it is

compatible with the character of the living area and has a domestic scale and character.

c) To ensure that development does not create unreasonable demands, in

the present or in the future, for the provision or extension of public amenities or services.

The proposed subdivision complies with the objectives of the zone. Heritage Conservation The subject land is located within the heritage conservation area however the site is not listed as an item or adjoining an item. Clause 33 of the MLEP 1993 indicates controls to be implemented within heritage conservation areas. It is considered that the proposed subdivision will not impact upon the heritage significance of the heritage conservation area.

Regional Environmental Plan The proposed development is consistent with the objectives and recommendations of the Hunter Regional Environmental Plan.



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State Environmental Planning Policies Not Relevant. Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition Not Relevant. Section 79C(1)(a)(iii) any development control plan DCP No. 6 Raworth Residential Subdivision Council resolved at the Approvals and Regulatory Meeting dated 12 August 2003 to prepare and exhibit Draft Development Control Plan No. 6 Raworth Residential Subdivision. The Draft Development Control Plan has been placed on pubic exhibition for a period of twenty – eight (28) days from 17 May 2004 to Monday 21 June 2004. The delay in the exhibition of the amendments to DCP No 6 was due to the view that the tightening of the subdivision controls under DCP No 33 – Subdivisions should have been sufficient in themselves to prevent the resubdivision of the lifestyle lots at Morpeth Manor. The lodging of the current development application and discussions held with the owner point to the need for improved consistency between the two development control plans and the necessary amendments to DCP No 6 have been drafted and exhibited accordingly. The changes to DCP 6 seek to preclude the re-subdivision of “lifestyle” allotments located in the northern part of the Morpeth Manor Residential Estate to retain a visual transition between Closebourne (a State Heritage Item) and Morpeth House (a Regional Heritage Item) and standard sized residential allotments located to the south of the Morpeth Manor Residential Estate. Council received the subject application on the 13 May 2004, before the exhibition period of the draft DCP. DCP No. 33 Subdivisions The recent changes to DCP 33 say: - “Resubdivision (torrens title) of any allotment within an existing residential zoned subdivision shall not be permitted as a ‘stand-alone’ proposal. Minimum lot sizes of 450m² will only be permitted in the following circumstances: -

* Where an overall subdivision masterplan or precinct plan has clearly identified the number, location and distribution of minimum 450m² lots throughout the subdivision/precinct.

* where the subdivision to minimum 450m² lots forms an integral part of a total design scheme for the land – incorporates the actual building designs, driveways, open space areas, cut/fill details, stormwater drainage plans, shadow diagrams etc and will relate to dual occupancy (attached or detached) and medium density housing developments.



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In ‘heritage conservation areas’ minimum lot size and subdivision application requirements are to be in accordance with DCP 34 – Maitland Conservation Design Guidelines. In assessing an application for the resubdivision of an existing residential lot Council shall have regard to the circumstances and planning rationale that formed the basis for the creation of the parent lot subject to the application. Note: Not withstanding the lodging of a combined development application as described above, Council must also take into account in its assessment of an application any physical constraints and policies/development control plans relevant to the subject land. The two (2) proposed lots far exceed the minimum lot size of 450m² and are considered not to impact upon the heritage conservation area or the adjoining heritage items. Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph) Not relevant 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 Heritage The proposed development is located within a heritage conservation area and has been assessed by Council’s Heritage Officer who provided the following comments: - “I would recommend that a statement is required from the applicant in the context of the draft amendments to the DCP34. It is noted, however that the proposal for subdivision provides for a higher level of density in the vicinity of the St Johns site. It is considered that the larger livestyle blocks have the advantage of providing a more rural aspect in the setting of St Johns as viewed from Metford Road. It is considered that Draft DCP 34 is not applicable to this proposal as it is located in Morpeth Manor not Morpeth township (specifically Swan, High and James Streets). A statement of heritage impact is not considered necessary as the subject site does not contain a heritage item and is not adjoining a heritage item. In addition, the subject site is buffered from St Johns by No 5 Oxford Place and the landscape buffer along the northern edge of Morpeth Manor. Section 79C(1)(c) the suitability of the site for the development The land is zoned 2(a) Residential with access to all relevant services. The land is identified as within a heritage conservation area but does not contain or adjoin a heritage item. The site is accessible from both Oxford Place and London Ave.



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Section 79C(1)(d) any submissions made in accordance with this act or the regulations The development application was not required to be advertised or notified under the provisions of Council’s Development Control Plan No. 37 – Advertising/Notification of Development Applications or the Environmental Planning and Assessment Act 1979.

Public Submissions The development application and accompanying information were placed on public exhibition for a period of 28 days from 20 May 2004 to 3 June 2004. As a result of the notification process, a total of six (6) submissions were received and are provided as Attachment Three (3) of this report. The main issues raised by the objectors are summarised below and comment provided:

The understanding was that there could not be further re subdivision of land within the Morpeth Manor Estate

Planners Comment The delay in the exhibition of the amendments to DCP No 6 was due to the view that the tightening of the subdivision controls under DCP No 33 – Subdivisions should have been sufficient in themselves to prevent the resubdivision of the lifestyle lots at Morpeth Manor. The lodging of the current development application and discussions held with the owner point to the need for improved consistency between the two development control plans and the necessary amendments to DCP No 6 have been drafted and exhibited accordingly.

The question over future subdivision must lie with Council

Planners Comment

Council has addressed the issue of re-subdivision of the lifestyle allotments via the draft amendments to DCP No. 6. However the strict application of DCP No. 6 is not considered reasonable in this instance on the basis that the development application was lodged prior to the exhibition of the DCP amendments.

The proposal intends to break up another of the lifestyle lots that form a buffer between St Johns and the smaller residential lots to the south.

Planners Comment

Has the water issued been addressed?

Planners Comment



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Yes. Hunter Water Corporation has indicated that they are satisfied that appropriate arrangements are in place to maintain adequate water services to those properties below RL 28m.

If the subdivision is allowed to go ahead it will negatively affect out property values.

Planners Comment

There is no evidence to suggest that the subdivision will impact upon property values.

Submissions from public authorities Not relevant. Section 79C(1)(e) the public interest The proposed development is in the public interest.

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

POLICY IMPLICATIONS Council at its 12 August 2003 Ordinary meeting resolved to prepare and exhibit the amendments to DCP No. 6 Morpeth Manor.

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.



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SCHEDULE OF CONDITIONS COMPLIANCE Reason: The following condition(s) have been applied to confirm and clarify the terms of

Council’s Approval. 1 The proposed development is to be carried out strictly in accordance

with the Plans Unnumbered, Undated, 1 Sheet, submitted by Don Madden, as amended in red or where modified by any condition of this consent.

CONTRIBUTIONS/FEES Reason: The following condition(s) have been applied to ensure that:

i) Where the proposed development results in an increased demand for public amenities and services, payment towards the cost of providing these facilities/services is made in accordance with Councils adopted contributions plan prepared via the provisions of section 94 of the Environmental Planning and Assessment Act, 1979.

ii) Council's administration expenses are met with respect to the processing of the application.

2 The payment of a monetary contribution in accordance with Council's

policy adopted on the 1st September, 1995 for the Provision of Recreational Open Space, Recreational Facilities and Community Facilities for land within the Maitland Local Government Area as follows:- City Wide

1. Community Amenities & Services $ 1345 2. Recreation & Open Space $ 523 3. Cycleway $ 123 4. Urban Ro ads $ 52 5. Administration $ 150 6. East Sector - Recreation & Open Space $ 580 TOTAL $ 2773 NOTE: The above rates are effective from 1st January 2004, and will be subject to inflation adjustment, calculated as at the date of payment. The method of adjustment shall be based on the Implicit Price Deflator (Total Public Gross Fixed Capital Expenditure) as published by the Australian Bureau of Census and Statistics. The above payment is to be made prior to release of the final plan of survey.

3 A final survey plan endorsement fee applicable at the time of release of

plans shall be paid to Council prior to the release of the plan. (currently



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$126.50)

GENERAL PROVISIONS Reason: The objectives of the following conditions is to draw to the attention of the applicant and

owner their responsibilities to comply with various provisions of the Environmental Planning and Assessment Act, 1979, Environmental Planning and Assessment Regulations, 2000, Local Government Act 1993; Regulations; Building Code of Australia and Local Policies relating to building construction and maintenance.

4 Unless otherwise approved by Council in writing; all building work

associated with this approval shall be carried out between 7.00am and 6.00pm Monday to Fridays and 7.00am to 5.00pm on Saturdays with no work permitted on Sundays or Public Holidays that may cause offensive noise.

5 A final plan of survey and three (3) copies shall be submitted to Council for endorsement by the Council.

UTILITY SERVICES Reason: The following condition(s) have been applied to ensure that adequate utility installations

are provided to the site to serve the development and to satisfy the requirements of the various servicing authorities.

6 Consultation and compliance with the requirements of the following

authorities: (i) Energy Australia (ii) Telstra (in particular, their requirements for Pre Provisioning

Confirmation prior to commencement of construction work)

7 A Certificate under Section 50 of the Hunter Water Corporatisation Act, 1991, shall be obtained prior to endorsement of the final survey plan. Applications for Section 50 Certificates are to be made direct to the Hunter Water Corporation.

DRAINAGE & SEDIMENT/EROSION CONTROL Reason: The following condition(s) have been applied to ensure that:

(i) Adequate sediment/erosion control structures are provided to prevent siltation of existing drainage systems and waterways;

(ii) Stormwater internal and external to the proposed development site is controlled to minimise the risk of flooding to upstream and downstream properties; and

(iii) Due regard is given to the development of flood liable land or land in the vicinity of flood liable land.

8 On-site stormwater detention is to be provided for both lots of the

proposed subdivision and constructed in conjunction with any future building works. The detention systems are to be constructed in accordance with the requirements of Maitland City Council that are



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current at the time of building application. A Restriction As To User is to be created to protect the detention systems and should be worded similar to the following. “A stormwater detention system is to be provided to the requirements of Maitland City Council at the time of, or in conjunction with, the construction of a dwelling or any improvements on the lot. The stormwater detention system is not to be removed or altered without the express permission of Maitland City Council, the system is to be maintained in good working order at all times.” The Restriction is to be noted on the plan of survey and be suitably described in the 88B Instrument.


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10.3.3 EARLY LINKS INCLUSION SUPPORT SERVICE - LEASE AGREEMENT

File No: P34663

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Judy Jaeger Manager Community & Recreation Services

EXECUTIVE SUMMARY This report seeks approval to affix the common seal to lease documents between Maitland City Council and Early Links Inclusion Support Service Inc. who currently lease office space within the Shamrock Hill Multi-purpose Centre, Ashtonfield.

OFFICER'S RECOMMENDATION THAT Council authorise the affixing of the common seal to lease documents with Early Links Inclusion Support Service Inc.

REPORT Early Links Inclusion Support Service Inc., formerly known as Lower Hunter Early Childhood Support, has occupied office space at the Shamrock Hill Multi-purpose Centre since the centres opening in 1999. In an agreement dated 7 July 1998 between the Commonwealth of Australia and the Lessee providing funding for capital support, an amount of $155,000 was contributed on behalf of the Lessee to the Lessor to assist with the construction of the premises. Whilst an agreement was in place for the capital contribution, a lease agreement had not been negotiated at that time. Both parties would like to enter into a lease agreement to formalise Early Links Inclusion Support Service Inc. occupancy. Given their significant financial contribution to the centres construction, a lease amount of $50 per week has been negotiated and increasing in accordance with CPI. The Lessee will pay all utility costs. The areas that are part of the lease and currently used include Suite 4 (comprising Office 4, meeting room, Store Room 1, Kitchen and Lounge area) in the building. The lessees have agreed to allow temporary use of the premises by other people, such as the Electoral Commission on election days. Both Council’s solicitors and solicitors acting on behalf of Early Links Inclusion Support Service Inc. have agreed to the terms of the lease agreement. The provision of early childhood intervention services is a valuable service to the Maitland local government area and their continuance within the Shamrock Hill Multi-purpose Centre secures a permanent tenant under the community facilities models adopted by Council in January 2003.


Early Links Inclusion Support Service - Lease Agreement (Cont.)

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FINANCIAL IMPLICATIONS Subject to the resolution of the Council there will be an additional income of $2600 to the Community Buildings budget area.

POLICY IMPLICATIONS The recommended lease supports Council’s policy on partial cost recovery on its community and civic facilities.

STATUTORY IMPLICATIONS There are no statutory implications associated with this report.


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10.3.4 MAITLAND SPORTS ADVISORY BOARD - CHANGES TO CONSTITUTION

File No: 129/6

Attachments: Maitland Recreation Advisory Board Constitution


Author: Judy Jaeger Manager Community & Recreation

EXECUTIVE SUMMARY This report proposes minor changes to the Maitland Sports Advisory Boards’ constitution that reflect the strategic directions for recreation services as identified in the Maitland Recreation & Open Space Strategy Review.

OFFICER’S RECOMMENDATION THAT:

1. Council formally adopt the draft Constitution for the Maitland Recreation Advisory Board as attached to this report;

2. Council approve the establishment of the Maitland Recreation Advisory Board under Section 355 of the Local Government Act, 1993;

3. Council delegate, under Section 377 of the Local Government Act, 1993, to the Maitland Recreation Advisory Board the following power, as contained within Section 3 of the aforementioned Constitution –

“To raise revenue, in accordance with the Local Government Act 1993 and other applicable legislation, for the support of the Board’s objectives as contained within the adopted Constitution.”

REPORT In November 2002, Council established the Maitland Sports Advisory Board (MSAB) incorporating the Maitland Sports Council, which had been a separately incorporated body for some years. The Maitland Sports Advisory Board has been meeting regularly since 2002 with the following objectives:

• To provide advice to Council on the development, management and promotion of sport within the Maitland Local Government Area.


Maitland Sports Advisory Board - changes to constitution (Cont.)

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• To assist Council in determining and prioritising capital sports projects for grant and funding applications.

• To provide assistance, where appropriate, to Maitland sporting teams/individuals participating at State, National or International levels.

• To provide assistance to sporting groups within the Maitland Local Government Area.

The intention of the new Advisory Board was to act as a peer group through which sporting associations and groups can interact. Advice on sporting issues and development of facilities can be brought to the Council after discussions and consideration at the Advisory Board level. Council can also refer matters to the Advisory Board for consultation with appropriate groups and comment. The intention was to provide an integrated and structured approach to the development and management of sporting and recreation facilities. Representation to the MSAB was very much focused on sporting associations with only two (2) community representatives appointed by the Council. This has been reviewed and the outcomes of the Maitland Recreation & Open Space Strategy Review (MROSSR) incorporated in the draft constitution. The principle changes include:

• Delete “Sports” from the name and replace with “Recreation” • Membership shall be twelve (12) community representatives, not twelve (12)

from sporting associations and two (2) community representatives respectively • Quorum will change from nine (9) to eight (8) • Delete objective 3 from the existing constitution

The outcomes of the MROSSR identified that Maitland has a substantial amount of open space given the size of its population. The following assessment regarding adequacy of provision is based on community consultation and national recreation trends.

• The national data indicate that the most popular activities are walking and swimming and aerobics/fitness, and those indoor activities, such as yoga, are growing in popularity.

• The focus groups highlighted a need to more walking tracks, an indoor swimming centre, and a multi-purpose recreation centre. There were no requests for increased outdoor sporting facilities.

• The questionnaire responses highlighted a need for facilities for walking, year-round swimming, off-road cycling and passive recreation (picnics, barbecues, playgrounds).

The proposed changes to the Constitution reflect both the passive and active aspects of recreation allowing for a broader representation to the Board. The draft Constitution has been discussed and adopted by the current Maitland Sports Advisory Board.


Maitland Sports Advisory Board - changes to constitution (Cont.)

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


STATUTORY IMPLICATIONS The recommended changes to the Constitution comply with the requirements of the Local government Act, 1993.


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10.3.5 CHILDHOOD IMMUNISATION MEMORANDUM OF UNDERSTANDING BETWEEN MAITLAND CITY COUNCIL AND HUNTER AREA HEALTH SERVICE.

File No: 79/2

Attachments: Memorandum of Understanding Immunisation Services

Responsible Officer: David Simm Manager Environmental Services

Author: Stuart Dayman Snr. Environmental Health Officer

EXECUTIVE SUMMARY For approximately 10 years Council, in conjunction with the Hunter Area Health Service, have provided childhood immunisation service to the City as part of State and Federal Government childhood immunisation programs. Council has provided financial, clerical, and venue assistance to this important community service and has achieved outstanding success in ensuring opportunity for children within the city to be immunised free of charge. The attached memorandum of understanding has been initiated to formalise this successful partnership. It is the first partnership of its kind in New South Wales and is likely to serve as a model to be expanded across the State

OFFICER'S RECOMMENDATION THAT Council enters into the memorandum of understanding as affixed to this report.

REPORT Maitland City Council currently provides free immunisation clinics providing vaccination by fully qualified nurses against a variety of infectious diseases. Clinics are held at Maitland, Rutherford and Thornton four times a month. The clinics are operated and supervised by qualified nurses ensuring that children receive appropriate immunisation and that records are accurately kept and databases are maintained. All records of immunisation are forwarded to the National Immunisation Register. The affixed Memorandum of Understanding (MOU) will ensure continued positive outcomes such as improved age appropriate immunisation of children, a readily accessed pool of experienced nurse immunisers to continue the clinics, increasing


Childhood Immunisation Memorandum of Understanding between Maitland City Council and Hunter Health. (Cont.)

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clinic loads can be serviced and that follow up of overdue children requiring immunisation can be effectively managed. This initial MOU will be in place for a 12 month trial period after which time evaluation will occur with the intention of extending for a further 3 years.

FINANCIAL IMPLICATIONS There are no additional financial implications arising from becoming a signatory to the MOU.

POLICY IMPLICATIONS There are no additional policy implications arising from becoming a signatory to the MOU

STATUTORY IMPLICATIONS There are no additional statutory implications arising from becoming a signatory to the MOU


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10.3.6 THIRD CROSSING OF THE HUNTER RIVER AT MAITLAND

File No: 122/940

Attachments: Correspondence from RTA

Responsible Officer: Brad Everett Group Manager Service Planning & regulation

Author: Chris James Manager Assets & Infrastructure Planning

EXECUTIVE SUMMARY The RTA has requested that Council elaborate further on the merits and key issues associated with selecting WR1 as Councils preferred option for the Third Hunter River Crossing. This report provides Council with a response suggesting that further consideration can be given to alternative options provided the RTA can clearly demonstrate the positive and negative impacts


1. Council respond to the RTA as detailed in this report.

REPORT Council at its meeting of the 22nd June 2004 considered a report on theThird Hunter River Crossing short listed options and resolved:

1. Council provide comment to the Roads and Traffic Authority as detailed in this report;

2. Amend the report to include:

(a) in principle with the preferred option being WR1; and

(b) a strong case for the inclusion of a pedestrian/cycleway in the proposal

Comments were forwarded to the RTA as detailed in the Council report of the 22nd June. A response has been received from the RTA (copy attached) that states in part: Council’s preference on the WR1 (Western route Option) is noted. To assist the RTA in its evaluation of the short-listed options, it would be appreciated if Council could elaborate further on the merits and key issues considered in selecting WR1 as Councils preferred option.


Third Crossing of the Hunter River at Maitland (Cont.)

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It is understood that the preference for the western option WR1 over the eastern options ER1 and ER2 was based principally on the potential traffic impact on East Maitland as opposed to any clear merits of WR1. The lack of information on how the RTA proposes to manage the traffic impacts of the eastern options was a key consideration. Accordingly, Councils response to the request from the RTA for further detail should emphasise that Councils broad objective in examining the route options is to ensure that the project impacts on the Maitland community in the areas of safety, accessibility, amenity and environmental quality are fully considered in the selection process. Until the RTA demonstrates that there are identified mitigation measures to protect the residents of East Maitland it is difficult for Council to indicate that ER1 or ER2 is preferable or not to the WR1 route. In responding to the RTA correspondence it is recommended that the RTA be advised in the following terms

1. WR1 was selected in principle over the eastern options primarily because to date the proposed measures to address the traffic impact on East Maitland of the eastern options have not been clearly identified and demonstrated to Councils satisfaction.

2 It is recognised that

• the eastern routes can potentially provide a strategic transport corridor and enhanced long term planning outcomes for Council and the community over the western options, provided the East Maitland traffic impacts can be successfully managed.

• the issues north of the river are similar for all options and that the

key to the project is the successful connection of the route to the New England Highway.

3. Council is willing to further consider the eastern options provided the

RTA can clearly demonstrate how the eastern routes can be successfully integrated into the National, State and local road network. In this regard Councils raises the following issues and concerns that it considers should be addressed with respect to the eastern options.

• Impact of through traffic on the residential areas and local roads in

East Maitland and potential increased traffic volumes in residential areas

• Segregation between main through traffic routes and local traffic

routes



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• Clear identification of the resultant traffic movements and road network hierarchy that would be in place in East Maitland if an eastern route was selected. This should identify the consequences for the existing network including change in road function, traffic volumes, improvements required and local access alterations

• Safety on the roads for children, pedestrians and cyclists in the

adjacent local streets, particularly in the vicinity of the local high schools and special schools

• Heavy vehicles routes and impacts on local roads • Access to commercial and retail facilities • Existing traffic delays and congestion at the intersections of the New

England Highway/Melbourne Street and Melbourne Street/Lawes Street

• Flooding effects • Agriculture impacts south of the Hunter River • Impact on the residents of Pitnacree

4. Options to separate the local traffic between Maitland and East Maitland

should be explored as a possible solution to the Melbourne Street intersection problem

5. Similar to the eastern route proposals, no detail exists as to road

network improvements required in the locality of where the WR1 exit joins the existing regional road network. This detail is needed to assist the Council in identifying what additional locally funded road network improvements will be required to ensure the greatest benefits are gained.

6. In broad terms Council is seeking a commitment from the RTA that in

selecting a route the RTA will clearly demonstrate to Council that it knows where the traffic will go, where it will not go and what measures are proposed to achieve this traffic distribution

CONCLUSION The opportunity to provide the RTA with further comment and an indication of Councils direction in this matter is positive and welcome. It is essential that the construction of the Third River Crossing project result in the best outcome for Maitland and the Hunter Valley community together with the best value for State Government funding. The key factor for Council and the community, is the Roads and Traffic Authority assurance that the proposed mitigative and management measures associated with the preferred option are appropriate and the impacts and benefits of the proposal are acceptable.



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10.3.7 ACQUISITION OF LAND - ANAMBAH REHABILITATION

File No: P.21594

Responsible Officer: Brad Everett Group Manager Service Planning and Regulation

Author: Kevin Stein Design Co-ordinator

EXECUTIVE SUMMARY As part of the design of rehabilitation works for Anambah Road Waste Depot, it was identified that the un-named private road adjoining the site on the east would be required to be acquired to facilitate the rehabilitation of the site.


1. Compulsory acquisition of road adjoining to the east Lot A, DP 658314

2. The Common Seal be affixed to the documents associated with the acquisition

REPORT As part of the rehabilitation project of the former Anambah Road Waste Depot, it was identified that works would be required to be undertaken on a road adjoining the site to the east. Investigations into the road status reveal that the subject road was not a Public Road, the road is a Private Road created by a private subdivision being DP 22281 dated circa 1892. This subdivision was undertaken prior to the introduction of the Local Government Act and thus could only create private roads. These roads could become Public roads if : i) It could be shown that there was an intention to create the road as Public Road ii) The road was left open iii) Acceptance/usage of the road by the public iv) Expenditure of public monies Based on the criteria above, the road could not be considered to be a Public Road. The implications of the road being a Private Road requires Council to obtain consent of the owner or acquire the road to carry out the works. Investigation into ownership of the road is inconclusive. This is due to the length of time from original owner being


ACQUISITION OF LAND - ANAMBAH REHABILITATION (Cont.)

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deceased, subdivision of the land in or about 1892 and no title being issued for the road parcel. Advice received by Council indicates that the recommended course of action is for Council to compulsorily acquire the road. It is recommended that Council make a request for permission to compulsorily acquire the subject road for inclusion with the former Anambah Waste Depot land as community land. This would allow for the rehabilitation works to proceed in the most cost effective manner.





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10.3.8 MORPETH MEDICINE CHARITY HORSE RIDE 2004

File No: 122/944/3

Responsible Officer: Brad Everett Group Manager SP&R

Author: Ken Splatt Traffic Officer

EXECUTIVE SUMMARY This report details an application made by the co-ordinators of the proposed “Morpeth Medicine Charity Horse Ride 2004” to temporarily close various roads in Morpeth for the proposed event. This application was advertised for comments and submitted to the Local Traffic Committee (LTC) for consideration and the LTC has recommended that the proposed closures proceed.

OFFICER'S RECOMMENDATION THAT recommendations from the Local Traffic Committee be approved with the closure being on Saturday 7th August 2004 from 2.30 p.m. to 4.30 p.m.

REPORT The proposed “Morpeth Medicine Charity Horse Ride 2004” is to be held on Saturday the 7th August 2004 and the co-ordinators have applied for the following temporary road closures to be effected for the event: - Saturday the 7th August 2004 – 2.30 p.m. to 4.30 p.m.

• Edward Street between High Street and Duckenfield Road • Duckenfield Road between Edward Street and McFarlanes Road • James Street between Edward Street and Duke Street • Duke Street between James Street and John Street • Little James Street between Duke Street and Edward Street • John Street between Duke Street and Edward Street

The event was advertised for public comment in the Maitland Mercury on the 26th April 2004 for the statutory 28-day period and an information flyer distributed in the local area. No submissions were received during the advertising period and this was noted in the report to the Local Traffic Committee at the meeting held on 3rd June 2004. The Local Traffic Committee’s recommendation to Council is as follows: -

1. The following temporary road closures (for vehicular traffic only) be approved for the proposed "Morpeth Medicine Horse Ride 2004": -


MORPETH MEDICINE CHARITY HORSE RIDE 2004 (Cont.)

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• Edward Street between High Street and Duckenfield Road • Duckenfield Road between Edward Street and McFarlanes Road • James Street between Edward Street and Duke Street • Duke Street between James Street and John Street • Little James Street between Duke Street and Edward Street • John Street between Duke Street and Edward Street

2. Barricades and detour signs be installed at the following locations:-

• Edward Street at High Street • Duckenfield Road at McFarlanes Road • Duke Street at James Street • James Street at Duke Street

3. Barricades be easily removable to allow emergency vehicle access when

required;

4. The organisers liaise with Maitland Police Traffic Services prior to the event and comply with all Police requirements;

5. All closure areas be cleared of rubbish, debris and horse manure after the event;

6. Personnel be stationed at all barricade locations to assist with emergency vehicle access.

In order to meet Council’s statutory requirements for public exhibition and public information, the proposed event will be advertised as an approved event in the Maitland Mercury and public notices erected at the proposed road closure points at least one (1) week prior to the event taking place. Issues relating to the closure of streets require Council approval and this report is presented as confirmation of approval to temporarily close the requested streets for the running of the proposed event.



STATUTORY IMPLICATIONS The contents of this report are in accordance with Part 8, Division 1 of the Roads Act, 1993 and the Roads & Traffic Authority’s delegation to Council, in relation thereto.

CONCLUSION The “Morpeth Medicine Charity Horse Ride 2004” is an annual event that passes through the local area and terminates in Morpeth, at the Morpeth Common. The


MORPETH MEDICINE CHARITY HORSE RIDE 2004 (Cont.)

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proposed temporary road closures associated with this event are necessary to ensure the safety of participants and their animals, as well as the amenity of the local residents. The proposed temporary road closures, as proposed, are considered satisfactory to cover the event.


11 NOTICE OF MOTION/RESCISSION

11.1 TAREE AVENUE - NETBALL COURTS NOTICE OF MOTION SUBMITTED BY CLR HENRY MESKAUSKAS

File No: 101/13/1

Responsible Officer: Brad Everett Group Manager Service Planning & Regulatory

Clr Henry Meskauskas has indicated his/her intention to move the following Notice of Motion at the next Ordinary Meeting of Council on 13 July 2004, as follows: That: Council name the netball courts in Taree Avenue, Telarah, after Mrs Vi Denny-Bowtell. Comment: Mrs Denny-Bowtell has worked tirelessly as a volunteer for Western Suburbs Netball Club for the past 30 years. During this time she has also served as a member of the Maitland City Council Telarah Recreation Board. It is a privilege to put forward Vi Denny-Bowtell’s name for this honour.

COMMENT BY GROUP MANAGER Council from time to time receives proposals regarding the naming or renaming of parks and recreation areas including reserves and sporting fields. Whilst Council has a policy position on road and locality naming, no such policy exists for the naming of public reserves. A draft policy is currently being developed and will be presented to Council in the near future. In principle, Mrs Denny-Bowtell’s contribution to netball is acknowledged and it would be appropriate to seek comment and support from the Maitland Netball Association Inc. prior to a final decision being made by the Council. Maitland Netball Association Inc. has over 2000 members, some of which have contributed to netball over long periods of time in localities within the City. An approach to Maitland Netball Association Inc. will ensure that Council is consistent in its approach to the naming of recreation areas.



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NOTICE OF MOTION SUBMITTED BY COUNCILLOR Clr Henry Meskauskas (Cont.)


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11.2 VACANT LAND - 12 FREWIN AVENUE, WOODBERRY NOTICE OF MOTION SUBMITTED BY CLR DAVID POWER

File No: P15537


Clr David Power has indicated his intention to move the following Notice of Motion at the next Ordinary Council Meeting of Council on 13 July 2004, as follows: THAT: 1. Council determine the status of the vacant land at 12 Frewin Avenue,

Woodberry; 2. If the land is identified as Council- owned and operational land, then Council

move to dispose of the property by sale;; 3. If the land is identified as Council-owned and community land, then Council re-

classify the land to operational and move to dispose of the property by sale; 4. Proceeds of the sale of the property to be directed towards drainage and

internal road improvements at Woodberry Oval.

COMMENT BY GROUP MANAGER This site has been the subject of review by Council Officers during the past several months in conjunction with other Council owned properties in the Woodberry area. The Frewin Avenue land is classified as ‘Community’ land under the Local Government Act 1993 and will require reclassification to ‘operational’ land for Council to deal with this site. Initial investigations show that the Frewin Avenue site may be suitable for the relocation of the Council house recently purchased at 25 Hague Street, Rutherford. Such a relocation would afford Council the opportunity to maximise the potential of the Frewin Avenue site and at the same time offset costs associated with the purchase of the 25 Hague Street property. A report on the Council owned properties at Woodberry and options for these properties will be submitted to Council shortly..



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NOTICE OF MOTION SUBMITTED BY COUNCILLOR Clr Henry Meskauskas (Cont.)

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11.3 TRIAL SHUTDOWN OF TRAFFIC LIGHTS AT INTERSECTION OF HIGH STREET AND ST ANDREWS STREET, MAITLAND NOTICE OF RESCISSION – SUBMITTED BY CLR HENRY MESKAUSKAS, CLR PAUL CASEY AND CLR WENDY WHITE

File No: 222/273

Attachments: Report


Clr Henry Meskauskas, Clr Paul Casey and Clr Wendy White have submitted the following Notice of Rescission, as follows: “We, Councillors Henry Meskauskas, Paul Casey and Wendy White give Notice of Rescission of the following resolution of Council passed on Ordinary Meeting 24 June 2003. That the traffic committee be requested to consider a three (3) month trial prior to deciding on the removal of traffic lights at High and St Andrews Street, Maitland intersection” Comment by Group Manager The trial period commenced on 5 July 2004 for a period of three (3) months to gauge the benefits or otherwise of the possible permanent removal of the traffic lights. The Roads & Traffic Authority has approved the trial and it is proposed to report the outcomes to Council in November 2004. Council is strongly urged to retain the status quo and allow the trial period to run its course.


TRIAL SHUTDOWN OF TRAFFIC LIGHTS AT INTERSECTION OF HIGH STREET AND ST ANDREWS STREET, MAITLAND (Cont.)

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ATTACHMENT

COUNCIL REPORT 24 JUNE 2003

HIGH STREET, MAITLAND – CBD WESTERN ENTRY File No: 222/273 Responsible Officer: Brad Everett

Group Manager Service Planning and Regulation Author: Kevin Stein

Design Co-ordinator EXECUTIVE SUMMARY A petition opposing removal of traffic lights at High Street and St Andrews Street as part of proposed CBD Western Entry works has been received. It is proposed that the works will proceed without the removal of traffic lights, however, a request has been made to the Local Traffic Committee that the lights be covered for a 3 month trial prior to a decision on their removal. OFFICER'S RECOMMENDATION THAT the Traffic Committee be requested to consider a 3 month trial, prior to deciding on the removal of traffic lights at High and St. Andrews Street intersection. REPORT Public consultation for the High Street CBD Western Entrance works was undertaken. Council received a number of enquiries. These were about any loss of parking and type of tree and plant species. As no loss of parking was to occur associated with these works and the rationale for the species selection was explained, those persons were satisfied. The plan on display also indicated that consideration was being given to the removal of the traffic lights at the intersection of High and St Andrews Streets. The consideration was on the basis from observation and analysis of traffic figures that the lights' removal would not adversely affect traffic movements and was beneficial to the proposed works. A petition containing 23 signatures was received as follows:


TRIAL SHUTDOWN OF TRAFFIC LIGHTS AT INTERSECTION OF HIGH STREET AND ST ANDREWS STREET, MAITLAND (Cont.)

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"We, the undersigned, oppose the removal of the traffic lights at the intersection of High and St Andrews Streets". The plans were also submitted to the Traffic Committee for comment and a number of issues were raised in regard to the possible removal of lights. It was requested that a detail investigation into traffic and pedestrian movements be undertaken prior to a decision on the removal of the lights being made. The works are proceeding on the basis that the traffic lights are to be retained, however, it is felt that prior to any decision on their removal, a trial period of 3 months with investigation and monitoring of traffic and pedestrian movements occur. This would be subject to agreement of the Local Traffic Committee. 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.


12 QUESTIONS WITHOUT NOTICE

13 URGENT BUSINESS

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14 COMMITTEE OF THE WHOLE

14.1 POTENTIAL SALE OF COUNCIL OWNED LAND

File No: P39142

Responsible Officer: David Evans General Manager

Author: Roger Stephan Executive Manager Economic Development and Marketing

EXECUTIVE SUMMARY The purpose of this report is to inform Council of an offer to purchase Council owned land 2A zoned residential land in Rutherford.

OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:

• (c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business

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14.2 STEAM HERITAGE PARK

File No: 35/21/1

Responsible Officer: David Evans General Manager

Author: Roger Stephan Executive Manager Economic Development and Marketing

EXECUTIVE SUMMARY The purpose of this report is to inform Council of recent developments in relation to the siting and construction of a Steam Heritage Park for Maitland City.

OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:

• (c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business

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15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE

16 CLOSURE

maitland city council ordinary meeting agenda...2004/07/13 · ordinary meeting agenda 13 july,...

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