maitland city council ordinary meeting agenda...2004/12/14 · ordinary meeting agenda 14 december,...

MAITLAND CITY COUNCIL

ORDINARY MEETING AGENDA

14 DECEMBER, 2004

ORDINARY MEETING AGENDA 14 DECEMBER, 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 MINUTES ................................................................................. 1

7 PUBLIC ACCESS ....................................................................................... 1

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS .................................................................................................. 1

9 OFFICERS REPORTS ................................................................................ 2

9.1 GENERAL MANAGER................................................................. 2

9.1.1 COUNCIL SPONSORSHIP - STARSTRUCK............................... 2

9.2 SERVICE PLANNING AND REGULATION................................. 4

9.2.1 DA 04-3639 PROPOSED FENCE LOT 105, DP 248905, NO. 16 PURDOM CLOSE THORNTON. RECOMMENDATION: DEFERRAL .................................................................................. 4

9.2.2 04-3811 TWO STOREY DUPLEX LOT 48 DP 1060780 25 HARGREAVES CIRCUIT, METFORD RECOMMENDATION: APPROVAL ................................................................................ 22

9.2.3 DA04-1689 - DETACHED DUAL OCCUPANCY CONSISTING OF AN EXISTING DWELLING-HOUSE AND A NEW TWO-STOREY DWELLING ON LOT 190 DP 539135 NO 66 BRUNSWICK STREET EAST MAITLAND. RECOMMENDATION: APPROVAL ........................................... 47

9.2.4 DA04-2954 - THREE (3) UNIT MEDIUM DENSITY DEVELOPMENT COMPRISING AN EXISTING DWELLING-HOUSE AND TWO (2) NEW DETACHED DWELLINGS AND AN EXTENSION TO THE EXISTING DWELLING-HOUSE LOT 1 DP 199005 NO 36 BONAR STREET MAITLAND. RECOMMENDATION: APPROVAL ........................................... 71


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9.2.5 DA04-2527 THREE (3) UNIT MEDIUM DENSITY DEVELOPMENT COMPRISING THE EXISTING DWELLING-HOUSE AND TWO (2) NEW SINGLE STOREY DETACHED UNITS AND TWO (2) LOT TORRENS TITLE SUBDIVISION ON LOT 18 DP 10725, NO 47 KARUAH STREET THORNTON. RECOMMENDATION: APPROVAL .................... 93

9.2.6 DA 03-4703 SIX (6) UNIT MEDIUM DENSITY DEVELOPMENT AND STRATA TITLED SUBDIVISION ON LOT 5 DP 258312, NO 41 ALLIANCE STREET EAST MAITLAND. RECOMMENDATION: APPROVAL ......................126

9.2.7 04-2897 ADDITIONS TO TOURIST ACCOMMODATION COMPRISING A MANAGER'S RESIDENCE & ONE ADDITIONAL ACCOMMODATION UNIT. LOT 102, D.P 867100, 147 SWAN ST MORPETH. RECOMMENDATION: APPROVAL ...............................................................................166

9.2.8 033788 RURAL RESIDENTIAL SUBDIVISION - TWO (2) LOTS INTO FOUR (4) LOT 1 DP 817015, 36 MT. VINCENT ROAD AND LOT 1104 DP 1013857, 11 MT. VINCENT ROAD, EAST MAITLAND RECOMMENDATION: REFUSAL................185

9.2.9 04/2505 SUBDIVISION OF 1 LOT INTO 51 LOTS RIVER ROAD, WINDELLA. RECOMMENDATION: APPROVAL.........202

9.2.10 DA 02-2554 DETERMINATION OF EXISTING UNAUTHORISED STABLES LOTS 14, 13 AND 12 DP 9990947 27, 25 AND 23 WALLACE STREET, SOUTH MAITLAND ................................................................................278

9.2.11 REQUEST FOR ASSISTANCE WITH DRAINAGE ISSUES IN COLLINSON STREET, TENAMBIT...........................................294

9.2.12 TIDY TOWNS PROGRAM 2004................................................301

9.2.13 MAITLAND RUGBY FOOTBALL CLUB PROPOSAL................303

9.2.14 PROPOSED AMENDMENT TO MAITLAND LEP 1993 - REZONING OF LAND ALONG MAITLAND RIVERBANK.........326

9.2.15 ABERGLASSLYN INVESTIGATION AREA - PROPOSED MASTERPLAN AND REZONING OF LAND AT ABERGLASSLYN......................................................................332

9.2.16 AFFIXING COMMON SEAL – MAITLAND COMMUNITY OPTIONS PROJECT.................................................................344

9.2.17 MORPETH MUSEUM - REVIEW OF EXENDITURE CLAUSE IN CONSTITUTION ...................................................................346


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9.2.18 FUTURE ROLE OF LOCAL GOVERNMENT IN FOOD REGULATION ...........................................................................348

9.3 FINANCE AND ADMINISTRATION..........................................352

9.3.1 WRITING OFF SUNDRY DEBTOR ACCOUNTS......................352

9.3.2 DEALING WITH DIFFICULT CUSTOMERS..............................354

10 ITEMS FOR INFORMATION....................................................................357

10.1 PUBLIC SUBMISSIONS - FINANCIAL REPORTS AND AUDITOR'S REPORTS FOR YEAR ENDED 30 JUNE 2004 ...357

10.2 COUNCILLOR MOTIONS.........................................................358

10.3 KEY PERFORMANCE INDICATORS - NOVEMBER 2004 ......363

10.4 STATUS REPORT ON CAPITAL WORKS PROJECTS...........376

11 NOTICE OF MOTION/RESCISSION........................................................383

12 QUESTIONS WITHOUT NOTICE ............................................................383

13 URGENT BUSINESS ...............................................................................383

14 COMMITTEE OF THE WHOLE................................................................384

14.1 COUNCIL PURCHASE OF PROPERTY 16 DEVONSHIRE STREET MAITLAND.................................................................384

14.2 EXPRESSIONS OF INTEREST TO PURCHASE FROM COUNCIL LOT 121 DP 1005317 WEBLANDS STREET RUTHERFORD .........................................................................385

14.3 PRESBYTERIAN GLEBE TRUSTEES CAR PARK AGREEMENT............................................................................386

14.4 MAITLAND REGIONAL ART GALLERY PATRONS PROGRAMME ..........................................................................387

15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE ...388

16 CLOSURE................................................................................................388


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 30 November 2004 be confirmed.

5 BUSINESS ARISING FROM MINUTES

6 MAYORAL MINUTES

7 PUBLIC ACCESS

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS

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9 OFFICERS REPORTS

9.1 GENERAL MANAGER

9.1.1 COUNCIL SPONSORSHIP - STARSTRUCK

File No: 10/5

Responsible Officer: David Evans General Manager

Author: Roger Stephan Executive Manager Economic Development & Marketing

EXECUTIVE SUMMARY Council for a number of years, has supported ‘Starstruck’ as a minor sponsor. The ‘Starstruck’ show, produced by the Arts Unit of the NSW Department of Education and Training, is widely supported across the Hunter and Central Coast areas, and is presented annually at the Newcastle Entertainment Centre. This report invites the council to raise its sponsorship to the level of ‘Segment Sponsor’ for the 2005 performances.

OFFICER'S RECOMMENDATION THAT Council revise its sponsorship of the annual ‘Starstruck’ event to the level of Segment Sponsor, with the additional costs to be accommodated within current budget.

REPORT Council currently supports the annual NSW DET ‘Starstruck’ show as a minor sponsor, and has done so far a number of years. The shows – presented at the Newcastle Entertainment Centre – comprise 3 hours of live music, dance, movement and drama involving 3,300 students from primary and high schools across the Hunter and Central Coast areas. The show is also screened two times per year by NBN Television to a possible audience grab of over 650,000 people. The show is held annually in June, and attracts a total audience of up to 18,000 people over four shows. Promotion of the show occurs through media sponsors which include NBN Television, Radio KO-FM and the Newcastle Herald. Promotional advertising runs from March to June on NBN, April to June on KO-FM and April for the Newcastle Herald, with a special supplement in the Herald in June. Sponsors are acknowledged in promotional advertising, the ‘Starstruck’ program and by signage on the night of the performances. Segment sponsors are also announced at the

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COUNCIL SPONSORSHIP - STARSTRUCK (Cont.)

performances prior to the nominated segment, and also received a one-quarter page advertisement in the show program. Council’s current support as a minor sponsor provides a $1200 contribution. Segment sponsorship provides for a $7000 contribution, with a number of lower Hunter Councils providing sponsorship at ‘Segment’ level. Sponsorship of ‘Starstruck’ is a unique opportunity for Council to assist in facilitating the participation of local students in what is truly a one-off learning and personal development experience. Sponsorship also demonstrates the council’s commitment not only to youth but to cultural development, and cultural activity in broader terms. This commitment is of course acknowledged and promoted through the related media coverage and sponsor acknowledgement which accompanies this annual event. It is therefore recommended that council increase its sponsorship of ‘Starstruck’ to the level of segment sponsor.

FINANCIAL IMPLICATIONS The council’s current sponsorship allocation for he event is $1200 as a minor sponsor. As a segment sponsor, council’s contribution would be $7000 thus requiring an additional amount of $5800.

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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DEALING WITH DIFFICULT COMPLAINANTS (Cont.)

9.2 SERVICE PLANNING AND REGULATION

9.2.1 DA 04-3639 PROPOSED FENCE LOT 105, DP 248905, NO. 16 PURDOM CLOSE THORNTON. RECOMMENDATION: DEFERRAL

File No: DA04-3639 Attachments: Locality Plan

Development Application Plans Objection/Petition Draft Policy on Fencing/Building Line

Responsible Officer: David Simm Manager Development and Environment Author: Stephen Punch Principal Planner Applicant: Aaron Cooke & Crystal Young Proposal: Fence Location: 16 Purdom Close Thornton Zone: 2(a) Residential

EXECUTIVE SUMMARY Development consent is sought from Council for fence at 16 Purdom Close Thornton. The subject land is zoned Residential 2(a) under Maitland Local Environmental Plan, 1993. The construction of the fence is permissible with Council consent. The Radburn subdivision at Thornton is unique to the Maitland Local Government area in that it attempts to separate vehicular traffic and pedestrian traffic. As such, houses have frontage to a network of public pedestrian reserves and there is a broad expanse of open space between the opposing dwellings on either side of the reserves. The application before Council proposes to place a fence within the building line area adjacent to the reserve and there has been objection to the proposal largely based on the impact that the fencing would have on the character of the reserve area Council currently has no specific policy regarding building lines and fencing specific to the Radburn subdivision at Thornton. The Radburn subdivision captures approximately 330 lots and it is considered that addressing the gap in Council’s regulatory framework is in the public interest. It is recommended that Council defer the determination of the development application until a draft policy relating to fencing and building lines specific to the Radburn subdivision at Thornton has been exhibited and the views of the community considered by the Council.

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04-3639 Fence 105 248905 16 Purdom Close Thornton (Cont)

OFFICER'S RECOMMENDATION THAT:

1. DA 04-3639 for a fence on Lot 105, DP 248905, No. 16 Purdom Close Thornton, be deferred until such time as Council has determined its draft policy for building lines and fencing of lots in the Radburn Estate at Thornton;

2. Council exhibit the draft policy for Fencing and Building Lines within the Radburn Subdivision at Thornton as detailed in Attachment 4 with a further report to be provided to the Council after the exhibition period.

BACKGROUND The subject land is within an established Radburn style subdivision created at Thornton in the early 1970's. The basic principle of the Radburn subdivision design is the separation of vehicles and pedestrians. Vehicular access is confined to perimeter roads and the main address or frontage of the dwellings is towards a central communal open space area. The objective is to create a communal park like pedestrian environment between dwellings on opposite sides of the open space area. In Thornton, this open space network has been dedicated to Council as community land and is zoned 6(a) Public Recreation under the Maitland Local Environmental Plan 1993. To date the open space between opposing dwellings which front the reserve corridors has remained largely intact with only a small number of instances where individual owners have placed solid fencing around their property boundary adjacent to the reserve. The construction of this solid fencing is clearly inconsistent with the Radburn subdivision principles in that it erodes the urban design value of the estate by effectively reducing the open space between opposing dwellings to narrow corridors - the result is a loss of perceived open space, reduced landscape opportunities and loss of casual surveillance opportunities.

CURRENT PROPOSAL Council has received a development application proposing the erection of a 1.5m high swimming pool type fence at 16 Purdon Close, Thornton to contain the front yard area adjacent to the pedestrian reserve. Notwithstanding the philosophy behind the Radburn design, community needs change over time. Not the least of these changes is the desire for increased security and privacy. There is currently no Council policy which regulates the issue of fencing of the property boundary adjacent to the public reserves or building lines in the

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Radburn subdivision. Similarly, there is no current private covenant that addresses the fencing of these boundaries. The current application has identified a gap in Council's regulatory framework and it is considered appropriate that a policy be prepared which attempts to meet the challenge of maintaining the over-riding principles of the Radburn subdivision design while at the same time meeting more current needs for improved security and privacy. The draft policy is provided as Attachment 4 and contains the following key elements:

• Provides that fencing may be erected forward of the building line to the pedestrian reserves subject to the fencing meeting the design requirements set out in the policy;

• Sets out specific design requirements:

- Must be of open/transparent swimming pool type of tubular steel or aluminium construction

- Must not exceed a height of 1.5m - Must contain a pedestrian access gate to the public reserve

adjoining - Must be finished in a dark colour to ensure the fence is

visually recessive

• The building setback to the pedestrian reserve will be a minimum 6.0 metres.

• No structures such as sheds, garden sheds, garages or the like shall

be constructed between the dwelling and the pedestrian reserve inside the building line setback

The effect of the policy will be to provide residents in the Radburn estate the opportunity, if they desire, to fence the front building setback area with an appropriate design of fencing which maintains a sense of "openness" within the public reserves. This sense of open space will be further reinforced with specific prohibitions on the erection of ancillary buildings within this building setback. The policy provides for increased security of private open space and the opportunity to increase privacy through appropriate landscaping. Development application 04-3639 is consistent with the draft policy as contained within this report.

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:

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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 a permissible land use in the zone with Council consent. The proposal is not considered to be inconsistent with the zone objectives. Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition There are no draft environmental planning instruments on exhibition. Section 79C(1)(a)(iii) any development control plan No DCP is applicable. Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph) Not applicable. 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 fence as proposed is not a common element within the Radburn subdivision at Thornton and its approval could set a precedent for other owners to undertake similar fencing. The provision of appropriately designed fencing may have only a minor impact on the landscape character of the estate however it is considered that the local community should be given the opportunity to have input into the issue of fencing adjacent to these reserve areas given the wider implications and potential precedent that could be set. Section 79C(1)(c) the suitability of the site for the development The site is not unsuitable for the development, however the proposal is not typical within the estate. 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.

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A group of local residents have submitted a joint objection to the proposed development. The issues are as follows: 1. Detract from the unique concept of the Radburn Estate as well as

covenants (although they may no longer be applicable)

Comment

The fencing of the front setback areas to the pedestrian reserves will result in a partial loss of the open character inherent in the space between opposing residential buildings within the Radburn subdivision. The pedestrian reserves are, on the whole, extensively landscaped with many residents planting and maintaining to the edge of the concrete footway. The introduction of transparent "pool type" fencing should minimise the loss of perceived open space between buildings

2. No other houses have front fences

Comment

Council are currently investigating the construction of a fence into the reserve area by an owner located in Osborn Close. A solid fence has also been installed directly adjacent to the reserve area at a property in Sulman Close. The current application represents the third recent fencing proposal in the Radburn Estate and highlights a need for Council to address the issue at a policy level.

3. The fenced yard will house a Rottweiler dog, possibly presenting noise and safety issues to residents and passers by

Comment

The property owner has an obligation to ensure that his animal is properly contained and does not cause a nuisance or threat to the public. The provision of an open style fence need not lead to problems with the animal and if complaints were received the owner would have to rectify the problem in a manner acceptable to the Council.

4. Access to the estate by emergency and service vehicles may be impeded

Comment

The reserve areas are 10m wide at their narrowest point meaning that fencing cannot encroach into this space. Many residents have planted trees, established garden beds and are maintaining right to the edge of the footway contained within the reserve. A number of these pedestrian reserves would be difficult to access by emergency vehicles in their current configuration. Fencing as described in the draft policy should not pose significant additional restrictions on access through the reserves.

5. A drop in property value

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Comment

Appropriately designed and installed fencing adjoining the pedestrian reserves within the Radburn subdivision need not detract from the landscape character of the estate and should have no significant impact on property values.

Submissions from public authorities Not Relevant Section 79C(1)(e) the public interest Not Relevant

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

POLICY IMPLICATIONS Council currently has no specific policy regarding building lines and fencing specific to the Radburn subdivision at Thornton. The Radburn subdivision captures approximately 330 lots and it is considered that addressing the gap in Council’s regulatory framework is in the public interest.

STATUTORY IMPLICATIONS This matter has no specific statutory implications.

CONCLUSION It is considered timely that Council prepare a policy addressing the issue of building lines and fencing as it relates to that portion of the residential lots adjoining the pedestrian reserves in the Radburn subdivision at Thornton. There is likely to be a mixed response to the issue from the community and it is considered that exhibition of the draft policy is the most effective means of determining whether there will be a significant level of community ownership of the policy. It is recommended that Council defer consideration of Development Application No. 04-3639 until such times as Council has fully considered the implications of the draft policy.

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04-3811 Two Storey Duplex Lot 48 DP 1060780, 25 Hargreaves Circuit, Metford (Cont)

9.2.2 04-3811 TWO STOREY DUPLEX LOT 48 DP 1060780 25 HARGREAVES CIRCUIT, METFORD RECOMMENDATION: APPROVAL

File No: DA04-3811 Responsible Officer: David Simm Manager Development & Environment Attachments: Locality Plan

Site Plan Submissions

Author: Gary Hamer Town Planner Applicant: Darren Oxley & Steve Randell Proposal: Two Storey Duplex Location: 25 Hargreaves Circuit Metford Zone: 2(a) Residential

EXECUTIVE SUMMARY Development consent is sought from Council for Two Storey Duplex at Lot 48 DP 1060780, 25 Hargreaves Circuit Metford. The subject land is zoned 2(a) Residential, under the Maitland Local Environmental Plan, 1993. Residential 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 key issues relating to the proposed development are the scale and bulk and possible impacts related to overshadowing and privacy. Following amendments to the plans, they are now considered to be compliant to the relevant DCPs and it is recommended that council approve them.


04-3811 for Two Storey Duplex on 48, 1060780 Lot 48 DP 1060780, 25 Hargreaves Circuit Metford, be approved, subject to the conditions of consent set out in the attached schedule.

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REPORT

BACKGROUND Council is in receipt of a Development Application and Construction Certificate for two attached two storey dwellings each with a double garage and private open space. The proposed development is consistent with the relevant planning policies. The application received two letters of submission together with a petition with twenty –one signatures.

PROPOSAL This application is for the construction of a two storey attached duplex with garaging and open space. The land is located in Metford and is not affected by any physical constraints including bushfire, flooding or mine subsidence. The site is a corner block in a new residential area. The proposal involves the construction of two attached units, one with three bedrooms and the other four bedrooms. The total floor area of the development is 426 square metres. This includes 340 square metres of living space with the remainder comprising of garages and porches. Unit One has a private open space of 54 square metres whilst Unit 2 comprises of 106 square metres. The proposal has been amended with Unit 2 staggered by 1.5 metres along the western elevation so as to reduce the bulk of the building.



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 “Residential” 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. 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.

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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 development is of a residential scale and character, is located in an area of high amenity and accessibility and will not place unreasonable demands on the provision or extension of public amenities or services in the present or in the future.

Regional Environmental Plan The application is consistent with the objectives of the plan.

State Environmental Planning Policies There are no State Environmental Planning Policies relevant to the proposed development. Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition There are no draft environmental planning instruments on public exhibition that are relevant to the proposed development. Section 79C(1)(a)(iii) any development control plan Development Control Plan No. 22 – Lower Hunter Urban Housing Site Analysis – The proposed development consists of two storeys’ that is regarded as standard residential development. The proposal is consistent with the surrounding residential area. Site Planning and Layout – The proposed units along with associated landscaping is consistent with the surrounding residential amenity. The proposal is staggered so as to compensate for the shape of the allotment. Garaging is located either side of the site. Unit 2 has been repositioned 1.5 metres towards Hargreaves Street that shall improve the design element of the building. Streetscape and Front Setbacks – The site is a curved corner allotment which has no distinct primary and secondary frontage. For the purposes of this proposal, it is the eastern elevation that is designated as the main frontage with the southern elevation, secondary. The proposal complies with the standard requirement of 6 metres from the main frontage and 3 metres from the secondary. In this instance, the secondary frontage is greater than the requirement. The staggered setbacks will compensate the shape of the allotment. Usable Open Space. – The proposed development provides a suitable level of open space for the development. Unit One has an area of 54 square metres with the dimensions of 4x13 metres whilst Unit 2 has an abundant area of 106

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square metres. These dimensions comply with the performance criteria of the DCP. Building Height & Scale The proposed maximum 5.63 metres are below the maximum 7.2 metres permissible within the code. Side & Rear Setbacks – The proposed side and rear setbacks are at least 2.3 metres (garage on the northern elevation) from the boundary and are well in excess of the requirements. Energy Conservation – The proposed units have achieved a 3.5 star NatHERS rating. Views & Privacy – The proposed development has been amended to address the issue of overshadowing and privacy. Due to the orientation and setback of the building there shall be no overshadowing onto adjacent properties.. There shall be no windows facing the northern elevation on the first floor and only one window overlooking the western elevation apart from two small frosted bathroom windows. Fencing & Walls – Fencing is proposed to consist of 1.8 m high colour bond metal construction. Car parking – each unit has the provision of a double garage, which shall comply, with the provisions of the DCP. Visitor car parking is not required. Landscape Design – A brief landscaping plan was submitted as part of the application. Stormwater Management – The proposed on site stormwater management system is appropriate for the site. Development Control Plan No. 37 – Advertisement/ Notification of Development Applications. The proposed development was advertised from 21 Oct 2004 until 4 November 2004. Council is in receipt of two (2) submissions together with a petition. The matters raised in the submissions are addressed in section 79C(1)(d). 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 proposed development is unlikely to result in any detrimental affects towards the natural or built environment. The amended plan has addressed the issue of bulk and scale of the development and will not impede on the streetscape.

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Section 79C(1)(c) the suitability of the site for the development The proposed development is consistent with development within the locality. 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 (14) days from 21 October 2004 to 4 November 2004. As a result of the notification process, a total of two submissions including a petition and are provided as Attachment (3) this report. The main issues raised by the objectors are summarised below and comment provided:

Bulk and Scale of the Development

Planners Comment

The proposed development has been amended to address the concern of bulk and scale. The development has been staggered on the western elevation to provide a better design output for the proposal. The development complies with Council’s provisions for Floor Space Ratio with 0.47:1. Council’s requirements are 0.5: 1. Although the proposal shall be the first two-storey development in the immediate precinct, there is generous provision of open space

Privacy and Overshadowing

There shall be no overshadowing from the proposed development and minimal privacy issues due to the excess setbacks from the adjacent properties and the orientation of the buildings. There shall be no windows facing towards the northern elevation. On the western elevation, there are a total of three (3) windows, two (2) smaller frosted bathroom windows and one window from one of the bedrooms. This is considered satisfactory in relation to the overall scale of the development.

The two storey proposal shall pose a traffic problem.

The development meets all the required setbacks and provides more than adequate line of sight for traffic. This proposal shall have no impact on traffic safety of the street.

Submissions from public authorities Not relevant

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Section 79C(1)(e) the public interest The proposed development is not inconsistent with the community’s interests.

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


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

Schedule of Conditions DA 04-3811 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 and documentation submitted with the application and any amendments to those plans arising through conditions to this consent.

BEFORE THE RELEASE OF THE CONSTRUCTION CERTIFICATE 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 public amenities and services within the Maitland Local Government Area as follows:- City Wide 1. Community Amenities & Services $ 1338 2. Recreation & Open Space $ 520 3. Cycleway $ 122 4. Bushfire Services $ 73 5. Urban Roads $ 52 6. Administration $ 149 Sector (East) $ 577 TOTAL $ 2831 NOTE: The above rates are effective from 1st January 2001, 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.

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3 A Drainage Plan Assessment fee of $370 for the proposed development, based on Council’s current Fees and Charges Schedule, must be paid prior to issue of the Construction Certificate.

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.

4 Prior to Occupation, vehicular footway crossings shall be

constructed as full width concrete slabs, in accordance with Council’s standard drawings SD005 to SD012 and SD014. Concrete shall be a minimum of 125mm thick, reinforced with F72 mesh with 25mm cover to the top of the slab. Concrete with a 28-day minimum compressive strength of 20Mpa shall be used. Full depth compressible joint fillers shall be provided at the kerb layback and the property boundary.

5 Barricades and lights are to enclose the whole of the vehicular

crossing work area, 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.

6 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.

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.

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7 On site stormwater detention (OSD) must be provided. An amount of 4.6 cubic metres of detention and a permissible site discharge of 12 litres per second is to be provided for the overall development. A practising Engineer or suitably qualified person is to prepare designs that must be submitted and approved by Council prior to the issue of a Construction Certificate. If it is intended to Torrens Title/ Strata subdivide the duplex/units in the future, it is recommended that the PSD and OSD parameters/quantities be equally divided between each unit of the development and constructed independently. 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 Drainage Plan Assessment fee must be paid prior to issue of the Construction Certificate.

8 Council will conduct quality control inspections during construction of the OSD systems in order to assess satisfactory compliance with the approved engineering plans and Council’s Subdivision construction standards. The applicant is to notify Council at least 24 hours in advance of inspections required for the abovementioned works. These works are to be completed to Council’s satisfaction prior to the issue of an Occupation Certificate or endorsement of the Final Plan of Survey by Council.

9 If it is intended to Torrens Title/ Strata subdivide the duplex/units

in the future, it will be necessary to ensure that all stormwater drainage lines are contained wholly within the Lot containing each separate unit. If these lines traverse adjoining Lots it will be necessary to create an "Easement to Drain Water" over them in favour of the Lot benefited. Such easements must be suitably described in the 88B Instrument.

10 The site and its surrounding environs are to be protected from the effects of sediment and erosion, during construction, 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.

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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.

11 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.

12 All building work must be carried out in accordance with the provisions of the Building Code of Australia.

13 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.

14 Proposed structure is not to be located on or over the boundary line of the subject allotment.

15 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.

16 Copy of the approved plans and specifications and consent shall be kept on the site at all times during construction.

17 (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:

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(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.

18 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.

19 The applicant is required to submit to Council Notice of Commencement at least two (2) days prior to the commencement of construction works.

20 The requirements of the Hunter Water Corporation with regard to construction works over or adjacent to a sewer main are to be adhered to.

21 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.

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REQUIREMENTS FOR DIVISIONAL WALL 22 The wall separating the Class 1 dwellings msut have an FRL of not

less than 60/60/60 and extend from the footings / floor slab to the underside of the non- combustible roof covering.

23 The separating wall must not be crossed by timber or other

combustible building elements except for roof battens with dimensions of not more than 75x 50mm. Any gap between the top of the wall and the underside of the roof covering shall be packed with mineral fibre or other suitable fire resisting material.

24 The cavity between the separating wall and the inside face of the

external brick wall must not exceed 50mm and be packed with mineral fibre or other suitable fire resisting material. A vertical damp proof course shall be provided at this point to prevent the migration of moisture across the cavity.

25 Eaves that are open to the roof space and common to the dwellings shall be separated by non combustible vertical lining in accordance with part clause 3.7 of the BCA.

26 Separating walls between the class 1 buildings shall achieve the weighted sound reduction index (Rw) and impact sound resistance required by Table 3.8.6.1 of the BCA

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.

27 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.

28 All building refuse on this building site shall be stored in such a manner so as not to cause a nuisance to adjoining properties.

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29 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.

30 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.

31 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.

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32 The site is to be cleared of all building refuse and spoil immediately after completion of the building/structure.

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

34 Suitable and adequate measures are to be applied to restrict public access to the site and building works, materials and equipment.

35 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.

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.

36 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.

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.

37 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 four spaces.

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.

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38 The landscaped area of the development is to be maintained at all times in accordance with the approved landscape plans.

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041689 Detached Dual Occupancy Consisting of an Existing Dwelling-House and a New Two-Storey Dwelling Lot 190 DP 539135 No 66 Brunswick Street, East Maitland(Cont)

9.2.3 DA04-1689 - DETACHED DUAL OCCUPANCY CONSISTING OF AN EXISTING DWELLING-HOUSE AND A NEW TWO-STOREY DWELLING ON LOT 190 DP 539135 NO 66 BRUNSWICK STREET EAST MAITLAND. RECOMMENDATION: APPROVAL

File No: DA 04-1689 Attachments: Locality Plan

Development Plans Submissions

Responsible Officer: David Simm Manager Development and Environment Author: Tracy Sharp Town Planner Applicant: Roman Hrobelko Proposal: Detached Dual Occupancy Consisting of

an Existing Dwelling-House and a New Two-Storey Dwelling

Location: Lot 190 DP 539135 No 66 Brunswick Street East Maitland

Zone: 2(a) Residential

EXECUTIVE SUMMARY Development consent is sought from Council for a Detached Dual Occupancy Consisting of an Existing Dwelling-House and a New Two-Storey Dwelling on Lot 190 DP 539135 No 66 Brunswick Street East Maitland. The subject land is zoned 2(a) Residential under Maitland Local Environmental Plan, 1993. Dual Occupancy 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 development application and accompanying information were placed on public exhibition for a period of fourteen (14) days from 20 May 2004 to 3 June 2004. As a result of the notification process, a total of four (4) submissions and a petition containing twelve (12) signatures were received. The amended plans were placed on public exhibition for a period of fourteen (14) days and two (2) submissions were received. The main issues raised are density, access, traffic, undesirable precedent, privacy, car parking, lot size, floor space ratio, and they are discussed in the main body of the report.


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DA04-1689 for a Detached Dual Occupancy Consisting of an Existing Dwelling-House and a New Two-Storey Dwelling on Lot 190 DP 539135 No 66 Brunswick Street East Maitland be approved, subject to the conditions of consent set out in the attached schedule.

REPORT

INTRODUCTION The subject site currently contains a single storey dwelling-house and has an area of 720.8m². The subject site has frontage to Brunswick Street and Guide Lane. The existing dwelling-house has access to Brunswick Street. The subject site slopes from Brunswick Street to the rear of the site.

BACKGROUND The applicant originally proposed a three (3) unit medium density housing development comprising the existing dwelling-house and two (2) new attached dwellings but detached from the existing dwelling-house. This proposal had several problems, inadequate setbacks, vehicular access, car parking and open space. The applicant amended the plans by deleting one (1) unit and created a dual occupancy development. Therefore, resolving all issues of contention.

PROPOSAL The applicant proposes a detached dual occupancy comprising the existing single storey dwelling-house and a new two-storey dwelling. The existing dwelling-house consists of two (2) bedrooms, kitchen, laundry, WC and lounge. The existing house is to have a new carport utilising the existing driveway. The new dwelling is to consist of three (3) bedrooms, living, kitchen, retreat, bathroom, en-suite, laundry, WC, single garage and stacked car parking.



Local Environmental Plan The subject land is zoned 2(a) Residential under Maitland Local Environmental Plan 1993. The proposed development is defined under the

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LEP as “Dual Occupancy” 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.

Zone 2(a) Residential a) To provide for housing and associated facilities in locations of high




The proposal complies with the objectives of the zone.

Regional Environmental Plan Not Relevant

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 Development Control Plan No 22 – Lower Hunter Urban Housing Under Clause 4.8 of DCP 22, the car parking requirements for dual occupancies is one (1) space per dwelling less than 125m² GFA or two (2) spaces per dwelling if GFA exceed 125m². The proposed development requires three (3) car parking spaces, one (1) space for the existing dwelling and two (2) spaces for the new dwelling. The applicant proposed two (2) single garages and one (1) stacked car parking space. Stacked car parking is considered adequate as the laneway is a low vehicular movement and Brunswick Street is wide enough to allow on-street car parking. The proposal complies with all the other requirements of DCP 22. Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph) Not Relevant

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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 Not Relevant Section 79C(1)(c) the suitability of the site for the development Not Relevant 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 fourteen (14) days from 20 May 2004 to 3 June 2004. As a result of the notification process, a total of four (4) submissions and a petition containing twelve (12) signatures were received. The amended plans were placed on public exhibition for a period of fourteen (14) days and two (2) submissions were received and are provided as Attachment 3 this report. The main issues raised by the objectors are summarised below and comment provided:

This isn’t an area of high density housing, most blocks have one (1) dwelling.

Planner's Comment The proposal is permissible with consent from Council under the 2(a) Residential zone.

There is no direct access to Brunswick Street from the new dwelling, access is via the Lane.

Planner's Comment The lane is wide enough to allow vehicular access from this new dwelling and the existing dwellings in the laneway.

Parking of vehicles would obstruct traffic flow in Guide and Lawrence Lanes.

Planner's Comment The lanes are wide enough to allow parking on one (1) side and access on the other side.

The intersection of Guide and Lawrence Lane is not maintained satisfactorily.

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Planner's Comment Noted and the concern will be referred to Council’s Asset Section to investigate.

The increase in traffic will intensify the deterioration of the road surfaces and there is no kerb and getter to direct excess rainwater.

Planner's Comment The increase in traffic is not considered significant. However, if approved the application will have to pay Section 94 contributions towards urban roads.

The approval of a two-storey development will set an undesirable precedent.

Planner's Comment There are several two-storey houses in close proximity to this development. The proposal is not out of character with the surrounding properties.

The rooms in the two-storey component of the proposal will impact on our privacy.

Planner's Comment The windows of the second floor look into a shed and over the laneway. The impact on privacy is minimal.

The proposal will create parking problems in the street.

Planner's Comment The proposal complies with the car parking requirements of DCP 22. In addition, Brunswick Street is wide enough to allow on-street car parking.

There is currently an issue with water run off from houses in this area and the proposal will exacerbate the problem.

Planner's Comment The proposed new dwelling, if approved, will have to install a stormwater detention system to collect runoff from the proposal. Therefore the proposal will not exacerbate the problem.

The proposal does not comply with the subdivision requirements.

Planner's Comment

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This application does not propose subdivision. However, the subject site is to small for future torrens title subdivision, but strata subdivision is permissible with consent from Council.

The proposal does not comply with the floor space ratio of DCP 22.

Planner's Comment The proposal has a floor space ratio of 0.34:1. Council allows a floor space ratio of 0.5:1.

Submissions from public authorities Not Relevant Section 79C(1)(e) the public interest The proposal is in the public interest.





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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, Dated July ’04 (Stamped Amended in Red), 2 Sheets, and Drawn by Tony Logan Design, this consent.

2 A CONSTRUCTION CERTIFICATE IS TO BE OBTAINED PRIOR TO COMMENCING CONSTRUCTION WORKS.

3 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.

4 THE BUILDING, OR ANY PORTION OF THE BUILDING, SHALL NOT BE OCCUPIED UNTIL AN OCCUPATION CERTIFICATE HAS BEEN ISSUED.

5 The applicant shall comply with all conditions within this schedule prior to occupancy of the proposed development. On completion of the development an appointment should be made with the Council’s Customer Service Centre for an inspection to ensure that all conditions have been satisfactorily complied with prior to occupancy.



6 Copy of the approved plans and specifications and consent shall

be kept on the site at all times during construction.

7 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

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that may cause offensive noise.



8 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.




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


11 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

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facilities in accordance with this Clause must be completed before any other work is commenced.

12 Suitable and adequate measures are to be applied to restrict public access to the site and building works, materials and equipment.



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

16 The site is to be cleared of all building refuse and spoil

immediately after completion of the building/structure.

17 Soil erosion and sediment controls are to be provided in accordance with Council’s policy prior to and during the construction of the proposed development.



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.

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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 The provision of external clothes hoists/clothes lines at the rate of

10 lineal metres per unit located and screened. OR The provision of mechanical clothes dryers in each unit.




Act, 1991, shall be obtained prior to release of the Construction Certificate, and evidence shall be submitted to Council. Applications for Section 50 Certificates are to be made direct to the Hunter Water Corporation.

21 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:




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 $ 1345 2. Recreation & Open Space $ 523

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3. Cycleway $ 123 4. Urban Roads $ 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.

23 A Drainage Plan Assessment fee of $352 for the proposed

development, based on Council’s current Fees and Charges Schedule, must be paid prior to issue of the Construction Certificate.



24 Prior to Occupation, a vehicular footway crossing shall be

constructed as a full width concrete slab, in accordance with Council’s standard drawings SD005 to SD012 and SD014. Concrete shall be a minimum of 125mm thick, reinforced with F72 mesh with 25mm cover to the top of the slab. Concrete with a 28-day minimum compressive strength of 20Mpa shall be used. Full depth compressible joint fillers shall be provided at the kerb layback and the property boundary.

25 The road shoulder is to be constructed of asphaltic concrete

sealed gravel pavement (200mm minimum depth) between the layback of the new crossing and the existing sealed road pavement in the laneway at the vehicular entrance to the property and for a distance of two metres either side of the driveway. The applicant is to liaise with Council’s Consulting and Contracts section to determine the correct alignment of the kerbing in the laneway.

26 Barricades and lights are to enclose the whole of the vehicular crossing work area, and are to be maintained for the duration of

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the work. Adjacent footpath areas are to be kept clear of debris etc. at all times and in a safe condition for pedestrian access.

27 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. The swale drain is to be adjusted and turfed to ensure that stormwater flow down the laneway is not obstructed or causes ponding. 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.





28 On site stormwater detention (OSD) must be provided. An amount

of 4.3 cubic metres of detention and a permissible site discharge of 5 litres per second is to be provided for the overall development. A practising Engineer or suitably qualified person is to prepare designs that must be submitted and approved by Council prior to the issue of a Construction Certificate. 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 Drainage Plan Assessment fee must be paid prior to issue of the Construction Certificate.

29 Council will conduct quality control inspections during

construction of the OSD system in order to assess satisfactory compliance with the approved engineering plans and Council’s Subdivision construction standards. The applicant is to notify Council at least 24 hours in advance of inspections required for the abovementioned works. These works are to be completed to Council’s satisfaction prior to the issue of an Occupation Certificate or endorsement of the Final Plan of Survey by Council.

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30 The site and its surrounding environs are to be protected from the effects of sediment and erosion during construction works 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 GENERAL PROVISIONS – DWELLING DA ONLY Reason: The objectives of the following conditions are to draw to the attention of the


31 All aspects of the building design shall comply with the applicable

performance requirements of the BCA for a Class 1(a) dwelling 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 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).


33 The completed building is to be setback from boundary alignments as indicated on the approved plans.

34 The owner should note that the issue of 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 this consent which results in the incurring of any loss or damage by way of breach of the covenant will not be the responsibility of Council.

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35 The proposed structure shall not be located on or over any easements on the subject allotment other than as may be expressly permitted and indicated on the approved plans.

36 The applicant shall consult with Council’s Asset Planning & Management Group for all advice concerning works associated with;

a) Footpath crossings b) Kerb crossings c) Stormwater outlets d) Driveway gradients and profiles.

37 (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 of 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 this clause, sufficient evidence that the person

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has complied with the requirements of that part.

38 All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards and must be properly guarded and protected to prevent them from being dangerous to life or property.

SERVICES & EQUIPMENT Reason: The objectives of the following conditions are to ensure that adequate inbuilt

and external fire protection services are provided to restrict fire growth, facilitate fire safety, prevent fire spreading to adjoining buildings or allotments, to enable safe evacuation of occupants before the environment becomes untenable, to provide services that facilitate safe egress in the event of power failure, to provide early warning and or initiate automatic counter measures and to provide for on-going maintenance of all active services.

39 In a Class 1 dwelling, self-contained smoke alarms must be installed on or near the ceiling between each area containing bedrooms and the remainder of the building, including hallway associated with the bedrooms. These must be connected to mains electrical power supply and have a standby power supply.

HEALTH & AMENITY Reason: The objectives of the following conditions are to ensure that a building is so

designed and constructed so that it and adjoining properties are not subject to dampness and are weatherproof, provide adequate toilet and washing facilities, room sizes are adequate for the use and purpose, light ventilation is adequate for the occupants and adequate insulation against noise transmission is provided.

40 Stormwater is to be disposed of to the laneway from the detention system/driveway surface and constructed so as to avoid erosion of the laneway turfed swale drains. Alternative disposal of roof waters may be permissible only in accordance with Council policy.

ANCILLARY PROVISIONS Reason: The objectives of the following conditions are to provide more specific

requirements for particular points of building or structures and to compliment provisions of related legislation.

41 Termite Control Methods are to be installed or applied to the building and must comply with the provisions of the Building Code of Australia and AS3660.1-1995 in regard to suitability of use. A durable notice, detailing all the methods of termite protection installed, is to be completed and located in or near the meter box or similar location so that it can be readily observed by

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building owners and occupiers.

42 The applicant shall comply with all conditions within this schedule prior to occupancy of the proposed development.

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DA04-2954 Three (3) Unit Medium Density Development Comprising an Existing Dwelling-House and Two (2) New Attached Dwellings and an Extension to the Existing Dwelling-House on Lot 1 DP 199005 No 36 Bonar Street, Maitland(Cont)

9.2.4 DA04-2954 - THREE (3) UNIT MEDIUM DENSITY DEVELOPMENT COMPRISING AN EXISTING DWELLING-HOUSE AND TWO (2) NEW DETACHED DWELLINGS AND AN EXTENSION TO THE EXISTING DWELLING-HOUSE LOT 1 DP 199005 NO 36 BONAR STREET MAITLAND. RECOMMENDATION: APPROVAL


Development Plans Submissions

Responsible Officer: David Simm Manager Development & Environment Author: Tracy Sharp Town Planner Applicant: AGCAD Pty Ltd Proposal: Three (3) Unit Medium Density

Development Comprising an Existing Dwelling-House and Two (2) New Attached Dwellings and an Extension to the Existing Dwelling-House

Location: Lot 1 DP 199005 No 36 Bonar Street Maitland


EXECUTIVE SUMMARY Development consent is sought from Council for Three (3) Unit Medium Density Development Comprising an Existing Dwelling-House and Two (2) New Attached Dwellings and an Extension to the Existing Dwelling-House at Lot 1 DP 199005 No 36 Bonar Street Maitland. The subject land is zoned 2(a) Residential under Maitland Local Environmental Plan, 1993. Medium Density Development 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 application was advertised for a period of fourteen (14) days and two (2) submissions were received. (Refer to Attachment 3) The main issues raised were traffic, privacy and overdevelopment. These issues are discussed in the main body of the report.

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DA04-2954 for a Three (3) Unit Medium Density Development Comprising an Existing Dwelling-House and Two (2) New Attached Dwellings and an Extension to the Existing Dwelling-House on Lot 1, DP 199005 No 36 Bonar Street Maitland be approved, subject to the conditions of consent set out in the attached schedule.

REPORT

INTRODUCTION The subject site has an area of 1088m² and has frontage to the New England Highway and Bonar Street. However, access is only off Bonar Street. The subject site contains an existing single storey dwelling-house. The site falls from the front to the rear of the site.

PROPOSAL The applicant proposes an extension to the rear of the existing single storey dwelling-house comprising a laundry, rumpus and bathroom and a new detached single garage. In addition, the applicant proposes two (2) new single storey detached dwellings to the rear of the existing dwelling-house. All three (3) dwellings comprise two (2) bedrooms. The driveway is located on the northern side of the site. The applicant also proposes two (2) visitor car parking spaces.



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 Development” 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.

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The proposed development will provide housing in a location of good accessibility to services and facilities located at Maitland. The proposal is considered compatible with the surrounding residential development and warrants approval subject to appropriate conditions of consent.

Regional Environmental Plan There are no relevant regional environmental plans in relation to this development.

State Environmental Planning Policies There are no relevant state environmental planning policies in relation to this development. Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition There are no relevant state environmental planning policies in relation to this development. Section 79C(1)(a)(iii) any development control plan DCP 22 – Lower Hunter Urban Housing Streetscape, Building Height, Setbacks, Car Parking The immediate streetscape consists of single and two-storey unit development. The proposed development is generally in keeping with this character. The proposal satisfies the provisions of the DCP in relation to side, front and rear setbacks, height, car parking, open space, acoustic privacy, landscaping and fencing provisions. It is considered that the proposed development is not unreasonable and will not have any significant adverse effects on adjoining properties and is considered acceptable in the context of the DCP 22.

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Floor Space Ratio Under DCP 22 the maximum floor space ratio is 0.4:1 for urban housing up to two-storeys. The proposed development has a floor space ratio of 0.42:1. The floor space ratio is close to achieving the 0.4:1 requirement and Council’s officers are satisfied with this, as it does not impact upon any other requirement of DCP 22. Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph) There are no relevant regulations in relation to this development. 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 It is considered that the impacts of the proposal on the natural and built environments will be negligible. Section 79C(1)(c) the suitability of the site for the development It is considered that the site is suitable for the proposed development as the site is zoned 2(a) Residential and there are no constraints on the site. 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 19 August 2004 to 2 September 2004. As a result of the notification process, a total of two (2) submissions were received and are provided as Attachment 3 this report. The main issues raised by the objectors are summarised below and comment provided:

The street is already congested with vehicles from the hospital, Ben Home, existing residents and the new villas at no 42-44 Bonar Street. This proposal will add to an existing problematic situation as well as causing additional risk to children.

Planner's Comment Under DCP 22 the proposal requires four (5) car parking spaces. The proposal has provided five (5) car parking spaces.

The proposal will impact upon my privacy. If approved the boundary fence along the driveway is to include 450mm metal lattice on top of the fence.

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Planner's Comment If approved a condition will be placed on the consent requiring 450mm metal lattice be placed on the top of the new colourbond fence.

The proposed driveway is located 1.8m from our residence and the noise from the vehicles will impact upon our way of life.

Planner's Comment The number of vehicles utilising the driveway is not considered significant and the speed to be travelled at is not high so the noise will not be significant.

We were under the belief that this was a heritage listed area and safe from overdevelopment.

Planner's Comment The subject site is located in a heritage conservation area, that is zoned 2(a) Residential, and the proposed development is permissible with consent from Council. Section 79C(1)(e) the public interest The proposed development is a standard residential development, which is unlikely to have any detrimental social or environmental effects. There are no State or Federal government policies, which are relevant to the application, thus the proposal is not contrary to the public interest.





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accordance with the Plans No 04-118, Dated July ‘04, 2 Sheet, Drawn by Agcad, as amended in red or where modified by any conditions of this consent.

2 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.


4 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.


6 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.



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1. Community Amenities & Services $ 2690 2. Recreation & Open Space $ 1046 3. Cycleway $ 246 4. Urban Roads $ 104 5. Administration $ 300 6. Central Sector - Recreation & Open Space $ 1260 TOTAL $ 5646 NOTE: The above rates are effective from 1st January 2001, 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.


development, based on Council’s current Fees and Charges Schedule, must be paid prior to issue of the Construction Certificate.




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.

10 Consultation and compliance with the requirements of the following authorities: (i) Energy Australia

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(ii) Telstra (in particular, their requirements for Pre Provisioning Confirmation prior to commencement of construction work)



11 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.

12 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.

13 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.

14 Copy of the approved plans and specifications and consent shall be kept on the site at all times during construction.


that Act: (i) has been informed in writing of the licensee's


the requirements of Part 6 of that Act, or (b) in the case or work to be done by any other person;

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(i) has been informed in writing of the person's name and owner-builder permit, or


(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.



16 All building refuse on this building site shall be stored in such a

manner so as not to cause a nuisance to adjoining properties.



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

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(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.




CAR PARKING Reason: The following condition(s) have been applied to ensure the provision of adequate


21 All visitor car parking spaces shall be permanently marked out

and include appropriate signage clearly indicating them as visitor car parking spaces so as to be readily apparent to visitors to the site.

22 All driveways, parking areas and vehicular turning areas are to be constructed of bitumen sealed gravel pavement or a higher standard acceptable to the Council.





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AMENITY Reason: The following condition(s) have been applied to ensure that the proposed

development is designed, constructed and managed in a manner to minimise its impact on the amenity of the area.

24 Metal lattice to a height of 450mm is to be place on top of the new

1800mm colorbond fence. The lattice is to be the same colour as the fence.




25 The materials and colour of the existing dwelling-house are to

match the two (2) new dwellings. Details are to be provided with the Construction Certificate.

26 The provision of external clothes hoists/clothes lines at the rate of 10 lineal metres per unit located and screened. OR The provision of mechanical clothes dryers in each unit.

27 The floor level of all habitable rooms is to be a minimum of 500mm above the 1 in 100 year AEP flood level on the subject land. In this regard, a Survey Plan describing the R.L. (A.H.D.) of the subject land and the R.L. (A.H.D.) of the 1 in 100 year AEP flood level is to be prepared by a Registered Surveyor and submitted in conjunction with the Construction Certificate. The 1 in 100 year flood level is RL 10.3m AHD.

28 Certification that the floor level of the proposed dwelling meets

Council's requirements is to be made DURING CONSTRUCTION. This is to be done by submission of an identification survey when minimum floor level is reached and prior to any further construction.

29 The building is to be constructed such that it will withstand the effects of flooding. In this regard, an Engineer's Certificate stating that the structure is capable of withstanding the characteristics of flooding at its location, is to be issued in conjunction with the

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Construction Certificate.

STRUCTURAL PROVISIONS Reason: The objectives of the following conditions are to ensure that buildings are

designed and constructed to take into account all loads, internal actions, material properties and foundation conditions that significantly affect structural sufficiency or serviceability of the building or structure.

30 Structural plans and details depicting slab and/or footing design

are to be provided with construction certificate application.

ANCILLARY PROVISIONS Reason: The objectives of the following conditions are to be provided more specific

requirements for particular points of buildings or structures and to compliment related provisions of Building Codes.

31 Fire hydrants in the street must be available for the connection of

the fire brigade and be provided to ensure maximum distance is not exceeded. Details are to be provided with the Construction Certificate application.



32 Prior to Occupation, vehicular footway crossings shall be

constructed as full width concrete slabs, in accordance with Council’s standard drawings SD005 to SD012 and SD014. Concrete shall be a minimum of 125mm thick, reinforced with F72 mesh with 25mm cover to the top of the slab. Concrete with a 28-day minimum compressive strength of 20Mpa shall be used. Full depth compressible joint fillers shall be provided at the kerb layback and the property boundary.



34 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

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and footpath reinstated.





35 On site stormwater detention must be provided. An amount of 9.8

cubic metres of detention and a permissible site discharge of 15 litres per second is to be provided for the overall development. A practising Engineer or suitably qualified person is to prepare designs that must be submitted and approved by Council prior to the issue of a Construction Certificate. 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 Drainage Plan Assessment fee must be paid prior to issue of the Construction Certificate.

36 Council will conduct quality control inspections during construction of the OSD system in order to assess satisfactory compliance with the approved engineering plans and Council’s Subdivision construction standards. The applicant is to notify Council at least 24 hours in advance of inspections required for the abovementioned works. These works are to be completed to Council’s satisfaction prior to the issue of an Occupation Certificate or endorsement of the Final Plan of Survey by Council.

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DA04-2527 Three (3) Unit Medium Density Development Comprising the Existing Dwelling-House and Two (2) New Single Storey Attached Units Lot 18 DP 10725, No 47 Karuah Street, Thornton (Cont)

9.2.5 DA04-2527 THREE (3) UNIT MEDIUM DENSITY DEVELOPMENT COMPRISING THE EXISTING DWELLING-HOUSE AND TWO (2) NEW SINGLE STOREY DETACHED UNITS AND TWO (2) LOT TORRENS TITLE SUBDIVISION ON LOT 18 DP 10725, NO 47 KARUAH STREET THORNTON. RECOMMENDATION: APPROVAL


Development Plan Submission SRA Comments

Responsible Officer: David Simm Manager Development & Environment Author: Tracy Sharp Town Planner Applicant: AGCAD Pty Ltd Proposal: Three (3) Unit Medium Density

Development Comprising the Existing Dwelling-House and Two (2) New Single Storey Detached Units and Two (2) Lot Torrens Title Subdivision

Location: Lot 18 DP 10725, No 47 Karuah Street Thornton


EXECUTIVE SUMMARY Development consent is sought from Council for Three (3) Unit Medium Density Development Comprising the Existing Dwelling-House and Two (2) New Single Storey Detached Units and Two (2) Lot Torrens Title Subdivision at Lot 18 DP 10725, No 47 Karuah Street Thornton. The subject land is zoned 2(a) Residential under Maitland Local Environmental Plan, 1993. Medium Density Development and Subdivision are permissible forms of development in the 2(a) Residential Zone with Council consent and is not inconsistent with the objectives of the zone. The application was advertised for a period of fourteen (14) days and one (1) submission was received. The main issues raised were privacy, traffic and precedent and they are discussed in the main body of the report. A copy of the submission is included in attachment 3.

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DA04-2527 for Three (3) Unit Medium Density Development Comprising the Existing Dwelling-House and Two (2) New Single Storey Detached Units and Two (2) Lot Torrens Title Subdivision on Lot 18, DP 10725, No 47 Karuah Street Thornton be approved, subject to the conditions of consent set out in the attached schedule.

REPORT

INTRODUCTION The site has an area of 1397m² and has frontage to Karuah Street. The subject site contains an existing single storey dwelling-house located towards the front of the site. The site falls from the rear to the front. The subject site is located in close proximity to the railway line. The subject site has frontage and access to Karuah Street.

BACKGROUND The applicant lodged amended plans to accommodate a carport for the existing dwelling-house and a visitor car parking space for the two (2) new dwellings.

PROPOSAL The applicant proposes a two (2) lot torrens title subdivision. Proposed lot 181 contains the existing dwelling-house and has an area of 478m². Proposed lot 182 will contain the two (2) attached dwellings and will have an area of 913m² including the access handle and 828m² excluding the access handle. The existing dwelling-house has a floor area of 110m². A new carport is to be erected with access off the proposed access handle. The two (2) new dwellings are single storey and will have a double garage, three (3) bedrooms, one (1) of which will have an en-suite, kitchen, family and lounge rooms. Both units will gain access to Karuah Street via the proposed access handle. A visitor car parking space has been proposed between the existing dwelling-house and proposed unit 1.

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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 Development” which is a permissible land use in the 2(a) zone with Council consent. The proposal is not considered to be inconsistent with the zone objectives, as follows.





The proposed development will provide housing in a location of good accessibility to services and facilities located at Thornton. The proposal is considered compatible with the surrounding residential development and warrants approval subject to appropriate conditions of consent.

Regional Environmental Plan There are no Regional Environmental Plans that are relevant to this proposal.

State Environmental Planning Policies There are no State Environmental Planning Policies that are relevant to this proposal. Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition There are no draft environmental planning instruments that are relevant to this proposal.

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Section 79C(1)(a)(iii) any development control plan Streetscape, Building Height, Setbacks, Overshadowing, Floor Space Ratio, Bulk and Scale The immediate streetscape consists of single-storey development. The proposed development is generally in keeping with this character. The proposal satisfies the provisions of the DCP in relation to side, front and rear setbacks, height, car parking, open space, acoustic privacy, floor space ratio, landscaping and fencing provisions. Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph) There are no regulations that are relevant to this proposal. Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality The subject site is located approximately 40m from a railway line. The existing dwelling-house is located approximately 45m away from the railway line. The two (2) new proposed dwellings are located approximately 65 and 75m away from the railway line. Under State Rail Authority guidelines, acoustic measures are required for residential building located within 60m of an existing railway line. It is recommended that these buildings be designed and constructed to comply with a design criterion of 40dBA during the day and 35dBA as night, with windows closed. If noise levels with windows/doors open exceed this criterion by more than 10dBA, the design of the ventilation for these rooms should be such that occupants can have windows closed if they so desire. Prior to the issue of a Construction Certificate, the applicant shall provide a report to Council from a qualified acoustic consultant demonstrating that railway noise and vibration will comply with the abovementioned criteria in all habitable rooms of the two (2) new dwellings, with external windows and doors closed. If noise levels with windows or doors open exceed these criteria by more than 10dBA, the design of the ventilation of these rooms shall be such that occupants can leave windows closed, if so desired. In addition, a report will have to be submitted to Council prior to release of the occupation certificate, from a qualified acoustic consultant demonstrating compliance with the above criteria. (Refer to conditions 5 and 6) Section 79C(1)(c) the suitability of the site for the development The land is zoned 2(a) Residential. The main constraint on the site, the railway line, has been addressed through conditions of consent and there are no other constraints, which could prevent the development from proceeding.

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The subject land is above the 1:100 year flood level and the land 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 fourteen (14) days from 15 July 2004 to 29 July 2004. As a result of the notification process, a total of 1 submission was received and are provided as Attachment 3 this report. The main issues raised by the objectors are summarised below and comment provided:

The development is 1.3m from our boundary, and our privacy will be severely diminished.

Planner's Comment A 1.8m high colourbond fence is to be erected on the two (2) side boundaries and the rear boundary, which will decrease any privacy problems.

The proposed development will add to the congestion existing the street.

Planner's Comment The existing road is wide enough to cater with the existing traffic and the additional traffic created from the proposed development.

We feel the existing traffic situation should be addressed before a major accident happens. A solution could be to open up the laneway at the bottom off Karuah Street and allow traffic to depart through to Glenroy Street.

Planner's Comment The information has been noted and referred to Council’s Assets and Infrastructure Section for investigation.

The proposed development will set an undesirable precedent.

Planner's Comment The proposal is permissible with consent from Council.

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Submissions from public authorities The application was referred to the State Rail Authority who recommended that an acoustic assessment be submitted to Council prior to release of the construction certificate. (Refer to Attachment 4) Section 79C(1)(e) the public interest The proposed development is a standard residential development, which is unlikely to have any detrimental social or environmental effects. There are no State or Federal government policies, which are relevant to the application, thus the proposal is not contrary to the public interest.





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SCHEDULE OF CONDITIONS

MEDIUM DENSITY DEVELOPMENT COMPLIANCE Reason: The following condition(s) have been applied to confirm and clarify the terms of


accordance with the Plans No 04-099, Dated Sept ‘04, 2 Sheets, Drawn by Agcad, as amended in red or where modified by any conditions of this consent.




5 Prior to the issue of a Construction Certificate, the applicant shall submit a report to Council from a qualified acoustic consultant demonstrating that railway noise and vibration will comply with the criteria of 40dBA during the day (7am to 10pm) and 35dBA at night (10pm to 7am) in all habitable rooms of the two (2) new dwellings, with external windows and doors closed. If noise levels with windows or doors open exceed these criteria by more than 10dBA, the design of the ventilation of these rooms shall be such that occupants can leave windows closed, if so desire.

6 Prior to issue of an Occupation Certificate, a measurement report

from a qualified acoustic consultant shall be submitted to Council demonstrating compliance with the noise criteria of condition 5.

7 A "Restriction" on the title of the property under Section 88B of

the Conveyancing Act, shall be prepared creating a Reciprocal Right of Carriageway associated with the manoeuvring of motor vehicles over proposed lot 182 for the benefit of proposed lot 181.

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The authority empowered to release, vary or modify the restriction is Maitland City Council. Note: This restriction is to be created prior to release of the final plan of survey or prior to release of the Construction Certificate, which ever is completed first.



8 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. This is to be undertaken prior to release of the occupation certificate.

9 All driveways, parking areas and vehicular turning areas are to be

constructed of bitumen sealed gravel pavement or a higher standard acceptable to the Council. This is to be undertaken prior to release of the final plan of survey.








11 A colour scheme is to be prepared and submitted to Council

giving full detail of the colour and character of all external building materials and finishes to be used. This colour scheme is to incorporate the total facade of the building, including the area below the awning Colour scheme details are to be included in the Construction Certification.

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12 The provision of external clothes hoists/clothes lines at the rate of 10 lineal metres per unit located and screened. OR The provision of mechanical clothes dryers in each unit.






Note: These requirements are to be undertaken prior to release of the final plan of survey or prior to release of the Construction Certificate, which ever is completed first.


Act, 1991, shall be obtained prior to release of the Construction Certificate, and evidence shall be submitted to Council. Applications for Section 50 Certificates are to be made direct to the Hunter Water Corporation. Note: This certificate is to be forwarded to Council prior to release of the final plan of survey or prior to release of the Construction Certificate, which ever is completed first.





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:-

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City Wide

1. Community Amenities & Services $ 1345 2. Recreation & Open Space $ 523 3. Cycleway $ 123 4. Urban Roads $ 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.

Note: This payment is to be paid to Council prior to release of the final plan of survey or prior to release of the Construction Certificate, which ever is completed first.


development, based on Council’s current Fees and Charges Schedule, must be paid prior to issue of the Construction Certificate. Note: This payment is to be paid to Council prior to release of the subdivision or prior to release of the Construction Certificate, which ever is completed first.



17 Concrete kerb laybacks are to be constructed in accordance with

Council's Standard Drawing SD50. Note: These works are to be undertaken prior to release of the subdivision or prior to release of the Construction Certificate, which ever is completed first. Note: This work is to be completed prior to release of the final plan of survey or prior to release of the Occupation Certificate, which ever is completed first.

18 Existing gutter inverts no longer required or that need to be

altered/modified are to be sawcut full depth, removed and

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replaced with full section concrete kerb and gutter for the full length of the gutter invert and the road shoulder and footpath reinstated. Note: This work is to be completed prior to release of the final plan of survey or prior to release of the Occupation Certificate, which ever is completed first.

19 Light Duty vehicular footpath crossings shall be constructed as

either full width concrete slabs or wheel strips in accordance with the design criteria contained in Maitland City Council Standard Drawings SD68, SD77 and SD78. Concrete shall be 125mm 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. Note: This work is to be completed prior to release of the final plan of survey or prior to release of the Occupation Certificate, which ever is completed first.




22 Prior to issue of the Construction Certificate, driveway profiles from the street gutter to the vehicle parking area and internal driveways shall be submitted to Council for approval, complying with Council’s standard drawings, showing existing and proposed surface levels.



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of 8.2 cubic metres of detention and a permissible site discharge of 11 litres per second is to be provided for the overall development. A practising Engineer or suitably qualified person is to prepare designs that must be submitted and approved by Council prior to the issue of a Construction Certificate. 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 Drainage Plan Assessment fee must be paid prior to issue of the Construction Certificate or prior to release of the final plan of survey or prior to release of the Occupation Certificate, which ever is completed first..


construction of the OSD and IAD pit construction in order to assess satisfactory compliance with the approved engineering plans and Council’s Subdivision construction standards. The applicant is to notify Council at least 24 hours in advance of inspections required for the abovementioned works. These works are to be completed to Council’s satisfaction prior to the issue of an Occupation Certificate or endorsement of the Final Plan of Survey by Council.

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.

25 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.

STANDARD GENERAL PROVISIONS – DWELLING DA ONLY Reason: The objectives of the following conditions are 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, 1994, Local Government Act 1993;

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Regulations; Building Code of Australia and Local Policies relating to building construction and maintenance.

26 All aspects of the building design shall comply with the applicable

performance requirements of the BCA for a Class 1(a) dwelling 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 b) formulating an alternative solution which:





29 The owner should note that the issue of 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 this consent which results in the incurring of any loss or damage by way of breach of the covenant will not be the responsibility of Council.


31 A copy of the approved plans and specifications and consent shall be kept on the site at all times during construction.


a) Footpath crossings b) Kerb crossings c) Stormwater outlets

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d) Driveway gradients and profiles.


that Act: (i) has been informed in writing of the licensee’s


the requirements of Part 6 of that Act, or (b) in the case of work to be done by any other person:

(i) has been informed in writing of the person’s name and owner-builder permit, or



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 this clause, sufficient evidence that the person has complied with the requirements of that part.



and external fire protection services are provided to restrict fire growth,

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facilitate fire safety, prevent fire spreading to adjoining buildings or allotments, to enable safe evacuation of occupants before the environment becomes untenable, to provide services that facilitate safe egress in the event of power failure, to provide early warning and or initiate automatic counter measures and to provide for on-going maintenance of all active services.


HEALTH & AMENITY Reason: The objectives of the following conditions are to ensure that a building is so

designed and constructed so that it and adjoining properties are not subject to dampness and are weatherproof, provide adequate toilet and washing facilities, room sizes are adequate for the use and purpose, light ventilation is adequate for the occupants and adequate insulation against noise transmission is provided.

36 Roof waters are to be disposed of to street gutters or approved stormwater systems/catchments where possible. Alternative disposal of roof waters may be permissible only in accordance with Council policy.

SITE CONSIDERATIONS Reason: The objectives of the following conditions are to provide for a safe and healthy


37 All excavated and/or filled areas are to be retained or battered and suitably drained so as to prevent any subsidence of the area and constructed so as to deny any flow 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 1.0 metres 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 1.0 metres in height MUST BE CERTIFIED BY A PRACTICING PROFESSIONAL ENGINEER. Note: The submission of a separate Development Application is not required for a retaining wall associated with this approval and indicated on the approved plans.


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39 If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:

i) Must preserve and protect the building from damage, and ii) If necessary, must underpin and support the building in an

approved manner, and iii) Must, at least seven (7) days before excavating below the

level of the base of the footings of a building 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 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).

40 A sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out: i) Stating that unauthorised entry to work site is prohibited,

and ii) Showing the name of the person in charge of the work site


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


41 Approved toilet facilities are to be provided, at or in the vicinity of the work site on which the work involved in the erection or demolition of a building is being carried out, 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.

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

43 No building materials, refuse or spoil are to be deposited, or be allowed to remain, on Council’s footpath.


45 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 associated with the subject Lot. The absence of such notification signifies that no damage exists and the applicant shall therefore be liable for the cost of the repair of any damage to kerbing and guttering or footpath paving which may be necessary after completion of the building operation.




47 Termite Control Methods are to be installed or applied to the building and must comply with the provisions of the Building Code of Australia and AS3660.1-1995 in regard to suitability of use. A durable notice, detailing all the methods of termite protection installed, is to be completed and located in or near the meter box or similar location so that it can be readily observed by building owners and occupiers.

48 The applicant shall comply with all conditions within this schedule prior to occupancy of the proposed development.

49 Hours of Work: Unless otherwise approved by Council in writing, all building work

associated with this approval shall be carried out between 7.00am

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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 Where a lot has frontage to existing concrete foot paving or a cycle path within the footpath, then the location of the proposed vehicular driveway access to the building 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.

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


accordance with the Plans No 04-099, Dated Sept ‘04, 2 Sheets, Drawn by Agcad, as amended in red or where modified by any conditions of this consent.

52 The creation of a restriction as to user requiring the development of lot 182, Plans No 04-099, Dated Sept ‘04, 2 Sheets, Drawn by Agcad. The authority empowered to release, vary or modify the restriction is Maitland City Council.

53 A "Restriction" on the title of the property under Section 88B of

the Conveyancing Act, shall be prepared creating a Reciprocal Right of Carriageway associated with the manoeuvring of motor vehicles over proposed lot 182 for the benefit of proposed lot 181. The authority empowered to release, vary or modify the restriction is Maitland City Council. Note: This restriction is to be created prior to release of the final plan of survey or prior to release of the Construction Certificate, which ever is completed first.


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;

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Regulations; Building Code of Australia and Local Policies relating to building construction and maintenance.

54 A final plan of survey and three (3) copies shall be submitted to

Council for endorsement by the Council.

55 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.




56 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 $220.00)

57 A house numbering fee is applicable at the time of release of the linen plan and shall be paid to Council prior to the release of this plan. (Currently $10).






Note: These requirements are to be undertaken prior to release of the final plan of survey or prior to release of the Construction Certificate, which ever is completed first.

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Act, 1991, shall be obtained prior to release of the Construction Certificate, and evidence shall be submitted to Council. Applications for Section 50 Certificates are to be made direct to the Hunter Water Corporation. Note: This certificate is to be forwarded to Council prior to release of the final plan of survey or prior to release of the Construction Certificate, which ever is completed first.






1. Community Amenities & Services $ 1345 2. Recreation & Open Space $ 523 3. Cycleway $ 123 4. Urban Roads $ 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.

Note: This payment is to be paid to Council prior to release of the final plan of survey or prior to release of the Construction Certificate, which ever is completed first.

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61 A Drainage Plan Assessment fee of $380 for the proposed development, based on Council’s current Fees and Charges Schedule, must be paid prior to issue of the Construction Certificate. Note: This payment is to be paid to Council prior to release of the subdivision or prior to release of the Construction Certificate, which ever is completed first.



62 Concrete kerb laybacks are to be constructed in accordance with

Council's Standard Drawing SD50. Note: These works are to be undertaken prior to release of the subdivision or prior to release of the Construction Certificate, which ever is completed first. Note: This work is to be completed prior to release of the final plan of survey or prior to release of the Occupation Certificate, which ever is completed first.

63 Existing gutter inverts no longer required or that need to be

altered/modified 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. Note: This work is to be completed prior to release of the final plan of survey or prior to release of the Occupation Certificate, which ever is completed first.

64 Light Duty vehicular footpath crossings shall be constructed as

either full width concrete slabs or wheel strips in accordance with the design criteria contained in Maitland City Council Standard Drawings SD68, SD77 and SD78. Concrete shall be 125mm 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. Note: This work is to be completed prior to release of the final plan of survey or prior to release of the Occupation Certificate, which ever is completed first.



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67 Prior to issue of the Construction Certificate, driveway profiles from the street gutter to the vehicle parking area and internal driveways shall be submitted to Council for approval, complying with Council’s standard drawings, showing existing and proposed surface levels.






of 8.2 cubic metres of detention and a permissible site discharge of 11 litres per second is to be provided for the overall development. A practising Engineer or suitably qualified person is to prepare designs that must be submitted and approved by Council prior to the issue of a Construction Certificate. 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 Drainage Plan Assessment fee must be paid prior to issue of the Construction Certificate or prior to release of the final plan of survey or prior to release of the Occupation Certificate, which ever is completed first..


construction of the OSD and IAD pit construction in order to assess satisfactory compliance with the approved engineering plans and Council’s Subdivision construction standards. The applicant is to notify Council at least 24 hours in advance of inspections required for the abovementioned works. These works

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are to be completed to Council’s satisfaction prior to the issue of an Occupation Certificate or endorsement of the Final Plan of Survey by Council.





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03-4703 SIX (6) UNIT MEDIUM DENSITY DEVELOPMENT 5 258312 LOT 5 DP 258312 NO 41 ALLIANCE STRRET EAST MAITLAND (Cont)

9.2.6 DA 03-4703 SIX (6) UNIT MEDIUM DENSITY DEVELOPMENT AND STRATA TITLED SUBDIVISION ON LOT 5 DP 258312, NO 41 ALLIANCE STREET EAST MAITLAND. RECOMMENDATION: APPROVAL


Development Plans Submission DIPNR’s General Terms of Approval

Responsible Officer: David Simm Manager Development & Environment Author: Tracy Sharp Town Planner Applicant: Rodd & Hay Associates Pty Ltd Proposal: Six (6) Unit Medium Density

Development and Strata Title Subdivision

Location: Lot 5 DP 258312, No 41 Alliance Street, East Maitland


EXECUTIVE SUMMARY Development consent is sought from Council for a Six (6) Unit Medium Density Development and Strata Titled Subdivision at Lot 5 DP 258312, No 41 Alliance Street East Maitland. The subject land is zoned 2(a) Residential under Maitland Local Environmental Plan, 1993. Medium density housing and strata titled subdivision are permissible forms of development in the 2(a) Residential Zone with Council consent and is not inconsistent with the objectives of the zone. The application was advertised for a period of fourteen (14) days and one (1) submission was received. Refer to attachment 3 for the submission. The main issues raised were out of character, bulk and scale, overshadowing, density, traffic, future occupants and devaluation. The subject property has a watercourse and drainage easement going through the property and is classified as integrated development and was referred to the Department of Infrastructure, Planning & Natural Resources for comment. Their comments are included in attachment 4.

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OFFICER'S RECOMMENDATION THAT DA 03-4703 for Six (6) Unit Medium Density Development on Lot 5 DP 258312 No 41 Alliance Street East Maitland be approved, subject to the conditions of consent set out in the attached schedule.

REPORT

INTRODUCTION The subject site is located on Alliance Street East Maitland. The site is currently vacant and has frontage and access to Alliance Street. The three (3) adjoining properties and the property directly opposite all contain residential units. The subject site has an area of 1472m² and contains no significant vegetation. However, the site contains a 10m wide drainage easement located on the eastern boundary.

BACKGROUND The applicant originally proposed a seven (7) unit medium density development and a strata title subdivision. As a result of Department of Infrastructure Planning & Natural Resources wanting a three (3) metre wide buffer from the top of the bank of the adjoining watercourse upon completion of Council’s works, unit 7 is to be deleted. The footprint area and the courtyard area of unit 7 are to be added to the open space area of unit 6. The applicant has undertaken significant amendments to the proposed development including altering the roofline, staggering the units, reducing the height of the end wings, using different colours and materials. Council’s Survey and Design Services Section has completed a design of the works to be undertaken on the watercourse (urban drain). The top of the bank will be located 0.5m inside the easement boundary closest to the proposed units and 1m from the other easement boundary.

PROPOSAL The applicant proposes a six (6) unit medium density development in two (2) buildings and a strata titled subdivision. One (1) building will contain five (5) two (2) bedroom units and the other building contains one (1) three (3) bedroom unit. Unit 1 is single storey and has a double garage with direct access to Alliance Street. The other building is three-storey and is located to the rear of the site with access to Alliance Street via an internal driveway. The proposed development is three-storeys when viewed from the internal driveway and two-storey when viewed from the rear as a result of the way the existing ground contours have been reshaped.

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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 and Subdivision” 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.





The proposed development will provide housing in a location of good accessibility to services and facilities located at East Maitland and Greenhills. The proposal is considered compatible with the surrounding residential development and warrants approval subject to appropriate conditions of consent.

Regional Environmental Plan The proposed development is not inconsistent with the provisions of the Hunter Regional Environmental Plan 1989.

State Environmental Planning Policies There are no State Environmental Planning Policies directly relevant to this application.

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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 A number of Development Control Plans (DCP's) apply to the site, however only DCP 22 and 33 are relevant to this application. DCP 22 – Lower Hunter Urban Housing Streetscape, Building Height, Setbacks, Overshadowing, Bulk and Scale The immediate streetscape consists of single and two-storey unit development. The proposed development is generally in keeping with this character. Although a storey higher, the rear building is buffered slightly by the single storey unit at the front of the site. The proposal satisfies the provisions of the DCP in relation to side, front and rear setbacks, height, car parking, open space, acoustic privacy, landscaping and fencing provisions. The proposed development overshadows the units at no 43 Alliance Street in winter to noon only. There are three (3) small balconies located at ground level and three small balconies located at first storey level of this adjoining development. DCP 22 stipulates “sunlight to the principle area of ground level private open space of adjacent properties should not be reduced to less than 2 hours between 9am and 3pm on June 21.” The neighbouring units will experience adequate levels of solar access after noon on the winter solstice (21st June) therefore meeting the requirements of DCP 22. Floor Space Ratio Under DCP 22 the maximum floor space ratio is 0.4:1 for urban housing up to two-storeys and 0.6:1 for urban housing with more than two-storeys. The proposed development sits between the two (2) ratios due to the design of the building, two-storey from the rear and three-storey from the internal driveway. The proposed development has a floor space ratio of 0.44:1. The floor space ratio is close to achieving the 0.4:1 requirement and is considered generally consistent with DCP 22. Courtyard Unit 1 Under DCP 22, the usable open space is to be a minimum of 35m² per dwelling provided that the principal area of open space is not less than 4m x 4m at ground level and directly accessible from the living area.

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Unit 1 has a total open space area of 54.64m². This area comprises 26.44m² in the front setback and 30.32m² off the living room, which contains the 4m x 4m continuous area. DCP 33 – Subdivisions Strata subdivision is defined as ‘subdivision’ in the Act, and requires consent from Council. DCP 33 does not specify a minimum lot size for strata subdivision and are assessed on its merits. The proposal is not considered inconsistent with the requirements of DCP 33. 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 A ten (10) metre wide easement to drain water goes through part of the subject site. The Department of Infrastructure, Planning & Natural Resources (DIPNR) classifies this as a watercourse. As the proposal is to be within forty (40) metres of the watercourse, the proposal is classified as an integrated development and therefore, has to be referred to DIPNR for comment. DIPNR originally wanted a ten (10) metre buffer from the top of the bank to the development. This was considered unreasonable, as it would make the site undevelopable. After negotiations with DIPNR, a three (3) metre wide buffer was considered acceptable. As a result, unit 7 was deleted, as it was partly located within this three (3) metre wide buffer. DIPNR requires that this three (3) metre wide buffer be landscaped with local native plants. In addition, Council’s Survey and Design Services Section has completed a design of the works to be undertaken on the watercourse (urban drain). The top of the bank will be located 0.5m inside the easement boundary closest to the proposed units. With DIPNR’s requirement for a Part 3A permit, and Council’s proposed works to be undertaken on the watercourse, it is considered that the development will not have a significant impact upon the watercourse. Section 79C(1)(c) the suitability of the site for the development The land is zoned 2(a) Residential. The main constraint on the site, the watercourse, has been addressed through DIPNR and there are no other constraints, which could prevent the development from proceeding. The subject land is above the 1:100 year flood level and the land is considered suitable for the development.

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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 fourteen (14) days from 4 December 2003 to 18 December 2003. As a result of the notification process, a total of one (1) submission was received and is provided as Attachment 3 this report. The main issues raised by the objectors are summarised below and comment provided:

I am opposed to a three-storey building as it is out of character with the rest of the area. There are no three-storey building in proximity to this land and only a hand full of two-storey buildings.

Planner's Comment The building is 2.5 storeys high in relation to natural ground level. Excavation of the central portion of the site to accommodate driveways and garaging results in a 3 storey elevation to the internal driveway. The proposal complies with the height limitation requirements under DCP 22. On an adjoining property is an existing two-storey unit development.

This proposal will overshadow adjoining properties.

Planner's Comment 43 Alliance Street is the only adjoining property that is affected by overshadowing during winter. Their main open space areas will still obtain a minimum of 2 hours sunlight on June 21 in accordance with DCP 22.

The number of units is too many and will overcrowd the site.

Planner's Comment The proposed number of units complies with DCP 22 and is not considered to overcrowd the site. The proposed development complies with the floor space ratio of DCP 22.

I would be correct in assuming that at least seven (7) cars will be garaged on site and that house cars will be using a street that is already known as a speed strip.

Planner's Comment The proposal has seven (7) garaged car parking spaces, and two (2) visitor spaces. The proposal complies with Council’s car parking requirements.

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I am concerned about the ownership of these properties after they have been constructed.

Planner's Comment Council has no control or role in determining ownership or form of tenure for future residents in the new units upon construction. I am concerned that the proposal will devalue my property. Planner's Comment There is no quantitative evidence to suggest that the proposed development will devalue the adjoining properties. The result should be a high quality design that makes a positive contribution to the stock of this type of housing in the local government area.

Submissions from public authorities The proposed development is classified as integrated development under the Rivers Foreshores and Improvement Act 1948 as it is located within forty (40) metres of a watercourse. As such the application was referred to Department of Infrastructure, Planning & Natural Resources (DIPNR) which subsequently issued its General Terms of Approval (GTA’s). Section 79C(1)(e) the public interest The proposed development is a standard residential development, which is unlikely to have any detrimental social or environmental effects. There are no State or Federal government policies, which are relevant to the application, thus the proposal is not contrary to the public interest.


POLICY IMPLICATIONS This application has no policy implications for Council.



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


accordance with the Plans No 7626-01B, 7626-02B, 7626-03B, 7626-04B, Dated 25/11/04, 4 Sheets, and Plan Unnumbered, Dated 28/07/04, 1Sheet, Drawn by Rodd & Hay Associates Pty Ltd, as amended in red or where modified by any conditions of this consent.




5 All aspects of the building design shall comply with the applicable performance requirements of the BCA for a Class 1(a) dwelling 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 b) formulating an alternative solution which:



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8 The applicant shall comply with all conditions within this schedule

prior to occupancy of the proposed development. On completion of the development an appointment should be made with the Council’s Customer Service Centre for an inspection to ensure that all conditions have been satisfactorily complied with prior to occupancy.

DEPARTMENT OF INFRASTRUCTURE, PLANNING & NATURAL RESOURCES

Reason: The following condition(s) have been applied to confirm and clarify the requirements of the Department.

9 The Construction Certificate will not be issued until Council is

provided with documentary evidence that the Department of Infrastructure, Planning & Natural Resources has granted a permit under Part 3A of the Rivers Foreshores and Improvement Act 1948.

10 Compliance with the requirements of the NSW Department of

Infrastructure, Planning & Natural Resources, pursuant to Part 3A of the Rivers Foreshores and Improvement Act 1948, attached as Appendix A to this consent and dated 6 August 2004.

11 The submission of documentary evidence that the Part 3A Permit

under the provisions of the Rivers Foreshores and Improvement Act 1948, has been issued by the Department of Infrastructure, Planning & Natural Resources, prior to the issue of the Construction Certificate.

12 The three (3) metre buffer from the top of the bank (on completion

of Council’s works, is to be landscaped utilising local native flora species. A detailed landscape plan is to be prepared and submitted for approval to Department of Infrastructure, Planning & Natural Resources, prior to the issue of the Part 3A Permit and a Construction Certificate. This plan is to indicate the type of species to be planted, and is to state the mature height and spread of all proposed trees, shrubs and ground covers. The

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landscape plan is to be prepared by a suitably qualified and experienced person.



13 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.



14 The provision of on-site parking to be in accordance with the

approved plans. 15 All driveways, parking areas and vehicular turning areas are to be

constructed of bitumen sealed gravel pavement or a higher standard.

16 All visitor car parking spaces shall be permanently marked out on the pavement surface.





UTILITY SERVICES

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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.


Act, 1991, shall be obtained prior to release of the Construction Certificate, and evidence shall be submitted to Council. Applications for Section 50 Certificates are to be made direct to the Hunter Water Corporation.









1. Community Amenities & Services $ 5540 2. Recreation & Open Space $ 2153 3. Cycleway $ 508 4. Urban Roads $ 212 5. Administration $ 630 6. East Sector - Recreation & Open Space $ 2280 TOTAL $11,323 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

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and Statistics. The above payment is to be made prior to release of the final plan of survey.

21 A Drainage Plan Assessment/Checking Fee of $395 based on Council’s current Fees and Charges Schedule, must be paid prior to issue of the Construction Certificate.

STANDARD GENERAL PROVISIONS Reason: The objectives of the following conditions are to draw to the attention of the


22 The owner should note that the issue of 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 this consent which results in the incurring of any loss or damage by way of breach of the covenant will not be the responsibility of Council.


24 A copy of the approved plans and specifications and consent shall be kept on the site at all times during construction.


a) Footpath crossings b) Kerb crossings c) Stormwater outlets d) Driveway gradients and profiles.

26 (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:

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(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 of 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.


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 this clause, sufficient evidence that the person has complied with the requirements of that part.


28 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.

29 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.

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30 The division walls complying with Parts 3.7 and 3.8 of the Building

Code of Australia. 31 Provision of ventilation to the internal Laundry, bathrooms and

water closets in accordance with Part 3..8 of the Building Code of Australia

32 The door of a room containing the closet pan of the fully enclosed

sanitary compartment must: (i) open outwards (ii) slide, or (iii) be readily removable from the outside of the compartment.


and external fire protection services are provided to restrict fire growth, facilitate fire safety, prevent fire spreading to adjoining buildings or allotments, to enable safe evacuation of occupants before the environment becomes untenable, to provide services that facilitate safe egress in the event of power failure, to provide early warning and or initiate automatic counter measures and to provide for on-going maintenance of all active services.


SITE CONSIDERATIONS Reason: The objectives of the following conditions are to provide for a safe and healthy


34 All excavated and/or filled areas are to be retained or battered and suitably drained so as to prevent any subsidence of the area and constructed so as to deny any flow 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 1.0 metres 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 1.0 metres in

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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.


36 If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:

i) Must preserve and protect the building from damage, and ii) If necessary, must underpin and support the building in an

approved manner, and iii) Must, at least seven (7) days before excavating below the

level of the base of the footings of a building 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 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).

37 A sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out: i) Stating that unauthorised entry to work site is prohibited,

and ii) Showing the name of the person in charge of the work site


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

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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.

38 Approved toilet facilities are to be provided, at or in the vicinity of the work site on which the work involved in the erection or demolition of a building is being carried out, 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.

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

40 No building materials, refuse or spoil are to be deposited, or be allowed to remain, on Council’s footpath.


42 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 associated with the subject Lot. The absence of such notification signifies that no damage exists and the applicant shall therefore be liable for the cost of the repair of any damage to kerbing and guttering or footpath paving which may be necessary after completion of the building operation.



43 Termite Control Methods are to be installed or applied to the building and must comply with the provisions of the Building Code of Australia and AS3660.1-1995 in regard to suitability of use. A durable notice, detailing all the methods of termite protection installed, is to be completed and located in or near the meter box or similar location so that it can be readily observed by building owners and occupiers.

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STRUCTURAL PROVISIONS Reason: The objectives of the following conditions are to ensure that buildings are

designed and constructed to take into account all loads, internal actions, material properties and foundation conditions that significantly affect structural sufficiency or serviceability of the building or structure.

44 Structural plans and details depicting slab and/or footing design

are to be provided with construction certificate application.



45 A light duty concrete kerb layback is to be constructed in

accordance with Council's Standard Drawing SD50 to unit 1.

46 A Light Duty vehicular footpath crossing, to unit 1, shall be constructed as a full width concrete slab 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.

47 A Heavy Duty Concrete kerb layback is to be constructed in accordance with Council's Standard Drawing SD50 for the driveway serving units 2 to 7. The layback is 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.

48 A Heavy duty vehicular footpath crossing, for units 2 to 6, shall be constructed as a 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

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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.

49 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.

50 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.






52 Stormwater runoff is to be disposed of to Council's drainage

easement located along the eastern side of the site. The Applicant is to liaise with Council’s Consulting and Contracts Section regarding the coordination of earthwork adjustments within the easement.

53 On site stormwater detention must be provided. An amount of 13 cubic metres of detention and a permissible site discharge of 17 litres per second is to be provided for the development. A design by a practising Engineer or suitably qualified person must be

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submitted and approved by Council prior to the issue of a Construction Certificate.

54 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.





STRATA TITLED SUBDIVISION COMPLIANCE Reason: The following condition(s) have been applied to confirm and clarify the terms of

Council’s Approval. 56 THE APPLICANT SHALL COMPLY WITH ALL CONDITIONS WITHIN

THIS SCHEDULE PRIOR TO RELEASE OF THE FINAL LINEN PLAN.

57 The proposed development is to be carried out strictly in accordance with the Plans No , Dated , Drawn by Rodd & Hay Associates, as amended in red or where modified by any conditions of this consent.

58 The creation of a restriction as to user under Section 88B of the

Conveyancing Act, requiring the existing 10m easement to drain

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water to remain. The authority empowered to release, vary or modify the restriction is Maitland City Council.




Council for endorsement by the Council.




60 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 $330.00)

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Officers Reports

DA 03-4703 SIX (6) UNIT MEDIUM DENSITY DEVELOPMENT AND

STRATA TITLED SUBDIVISION ON LOT 5 DP 258312, NO 41 ALLIANCE

STREET EAST MAITLAND

Locality Plan

Meeting Date: 14 December 2004

Attachment No : 1

Number of Pages : 1

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Officers Reports




Development Plans


Attachment No : 2

Number of Pages : 9

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Officers Reports




Submission


Attachment No : 3

Number of Pages : 2

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Officers Reports




DIPNR’s General Terms of Approval


Attachment No : 4

Number of Pages : 4

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04-2897 Additions comprising a Manager's Residence & One Additional Accommodation Unit. Lot 102, D.P 867100, 147 Swan St, Morpeth (Cont)

9.2.7 04-2897 ADDITIONS TO TOURIST ACCOMMODATION COMPRISING A MANAGER'S RESIDENCE & ONE ADDITIONAL ACCOMMODATION UNIT. LOT 102, D.P 867100, 147 SWAN ST MORPETH. RECOMMENDATION: APPROVAL

File No: 04-2897 Attachments: Locality Plan

Objector Submission

Responsible Officer: David Simm Manager Development & Environment Author: Richard Forbes Senior Town Planner Applicant: Oborn Professional Consulting Proposal: Additions to Tourist Accommodation

comprising Manager's Residence & One (1) Accommodation Unit

Location: Bronte Guesthouse -147 Swan Street, Morpeth

Zone: 3(a) General Business

EXECUTIVE SUMMARY Development consent is sought from Council for Additions to “Bronte Guesthouse” comprising a Manager's Residence and One (1) Additional Accommodation Unit. at Lot 102, D.P 867100, 147 Swan St, Morpeth known as “Bronte Guesthouse”. The subject land is zoned 3(a) General Business under Maitland Local Environmental Plan, 1993 and is located within the Morpeth Heritage Conservation Area. Tourist Accommodation is a permissible form of development in the 3(a) General Business Zone with Council consent. The proposed additions are compatible with surrounding tourist related activities and the established use of the land as a three bedroom guesthouse. The proposal is before Council on the basis that an objection to the merits of the proposal has been received. The proposed additions have been assessed with particular regard for Clause 33 of the Maitland Local Environmental Plan, 1993 concerning the impact of the development on the heritage character of Morpeth, the resultant density of development and the provision of Car parking on the site. The proposed additions have been determined to comply with Council’s development standards and represent a satisfactory addition to the existing use. It is recommended that the application be approved subject to conditions of consent.

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04-2897 for Additions to existing Tourist Accommodation comprising a Manager's Residence & One Additional Accommodation Unit. on Lot 102, D.P 867100, 147 Swan St , Morpeth be approved, subject to the conditions of consent set out in the attached schedule.

REPORT

PROPOSAL Development consent was originally granted in January 2001 for the use of the existing premises as a three-room guesthouse, which included Manager’s accommodation in a ground floor flat. The current proposal will relocate the Manager to a separate two-storey flat/office building to the rear of the premises built over the site of an existing garage. By utilising the site of the existing garage, the density of development over the site is limited to a 4% increase in site coverage and sufficient area is retained for an increase in available car parking to cater for the additional guest unit. . The two (2) parking spaces provided by the existing garage will be duplicated in the ground floor of the Manager’s residence/Office. The original development was conditioned to provide four (4) parking spaces. The proposed development provides for five (5) spaces which addresses the addition of one (1) accommodation unit. Access to the site is from Berkley Street with no changes proposed to the current arrangements. The provision of additional off street parking is essential in the location as Berkley Street is a “No Stopping” area. The two-storey Manager’s residence/Office is located behind the existing buildings fronting Swan Street. The building is 7.0 metres high which is 1.0 – 1.5 metres below the roofline of the buildings fronting Swan Street. The proposal will therefore not be visible from Swan Street. The building is finished in a manner consistent with the existing guesthouse in terms of materials, window profiles and roof pitch. The building will represent an improvement over the unsympathetic garage presently located on the site which has no heritage value and is to be demolished. A copy of the applicant’s development submission is attached as Attachment 2.


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Section 79C(1)(a)(i)&(iii) provisions of any environmental planning instrument and any development control plan

LOCAL ENVIRONMENTAL PLAN The subject land is zoned 3(a) General Business under Maitland Local Environmental Plan 1993. The proposed development is defined under the LEP as “Tourist Accommodation” which is a permissible land use in the zone with Council consent. The proposal is not considered to be inconsistent with the zone objectives and contributes to the viability of the existing accommodation facility. Clause 33, 2) of the Maitland Local Environmental Plan 1993 requires that ; Council shall not grant consent to a development application required by this clause unless it has made an assessment of the extent to which the carrying out of the development in accordance with the consent would affect the heritage significance of the heritage conservation area”. The proposal is consistent with the heritage values of the existing guest house and the nearby Bank building. The scale and location of the additions to the rear of the site ensures that it does not detract from the Swan Street frontage or adjoining development. In terms of the design of the building, the proposal is consistent with adjoining development and sympathetic to the design requirements of Development Control Plan No 34 - Conservation and Design Guidelines. The pitch of the roof, window profiles and external finishes are to be consistent with the existing development fronting Swan Street which satisfies the requirements of the Development Control Plan. 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 impact of the proposal has been assessed as satisfactory with particular regard to following; Scale of the Building The proposed addition comprises an area of 63 square metres within the 500 square metre site and with the removal of the existing garage results in a limited increase in site coverage. No drainage or access issues arise from the siting of the proposal. The building is located away from the frontage of Berkley Street and is below the level of the buildings in Swan Street, therefore no adverse impact on the streetscape is predicted from the proposal.

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Overshadowing The building will overshadow part of an adjoining carport however it will not detract from the overall access to sunlight from adjoining open space. The building will not detract from any significant views from adjoining property as this is presently precluded by the height of the buildings fronting Swan Street. Adjoining Development The proposal has been assessed with respect to its impact on any prominent buildings in the locality. The Bank building within the precinct currently dominates the streetscape such that the scale of the proposal has no significant impact on the significance of the Bank building. Car Parking The original approval required four (4) car spaces to be provided. The current proposal has increased this by one to reflect the additional accommodation. It is noted that an easement is provided with a reciprocal parking arrangement for the shop adjoining “Bronte Guesthouse” – The parking arrangement was recognised by the original consent and is carried over by the current proposal. The easement is identified within the existing car park and will be maintained in that manner with the amended car park layout. Section 79C(1)(c) the suitability of the site for the development The site is considered to be suitable for the development on the basis that the use comprises an extension to the existing use and is of limited scale and potential impact. Section 79C(1)(d) any submissions made in accordance with this act or the regulations The development application was advertised and 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 (14) days from 18 August 2004 to 2 September, 2004 . As a result of the notification process, one (1) objection was received which is provided as Attachment 3 to this report.

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The main issues raised by the objectors are summarised below and comment provided:

Car Parking – Insufficient Spaces.

Comment – The proposal has been assessed under DCP No 40 – Car Parking Requirements and considered with regards to the original consent. Given that the proposal is currently required to provide four (4) spaces, the additional guest unit would generate the need for one additional space under the provisions of the car parking guideline. The proposal demonstrates that it may comply with this requirement.

Sunlight – Overshadowing

Comment – the overshadowing effects of the development have been discussed within the report and are confined to the impact of the development on an adjoining car port.

Height of Building – Dominates the main building.

Comment - The addition is in proportion to the main building and does not exceed the height of existing development.

Heritage Area – Density of Development

Comment – The additions are located over the site of the former garage which did not contribute to the appearance of the site. By demolishing the garage, a suitable site area is available for the proposal without increasing the overall developed area of the site by more than 5 %.

Effect on the Bank Building – Detracts from Significance -

Comment – The significance of the Bank building is recognised by the assessment. The scale of the Bank building is such that the additions proposed to Bronte Guesthouse will not be of a sufficient scale to visually detract from the impact of the Bank building in the streetscape.

FINANCIAL IMPLICATIONS The proposal has no Financial implications for Council.

POLICY IMPLICATIONS The approval of the application would have no policy implications for Council


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accordance with the Plans, Dated July 2004 and amendments dated 5 November 2004 submitted with the application, and any amendments to those plans arising through conditions to this consent.

2 All conditions of consent pertaining to DA 04-2897 shall be complied with and an occupation certificate issued prior to occupation of the proposed additions.



3 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 Five (5)spaces. The Car Park is to landscaped and screened as shown by the amended plans prior to the occupation or use of the additions.

4 All driveways, parking areas and vehicular turning areas are to be constructed of bitumen sealed gravel pavement or a higher standard.

5 All parking and loading bays shall be permanently marked out on the pavement surface, with Entry/ Exit points being clearly indicated by means of appropriate signage.

BEFORE ANY WORK COMMENCES 6 At least two days before any site works, building or demolition

begins, the applicant must: a) Ensure that a “Construction Certificate” issued by an

accredited Principal Certifying Authority (PCA) is obtained

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prior to commencing any construction works, and

b) Where Council is not the PCA, submit to Council a “Notice of Appointment” of the PCA at least two (2) days prior to the commencement of construction works.

7 Where Council is the PCA the applicant shall submit to Council a “Notice of Commencement” at least two (2) days prior to the commencement of construction works.

8 Before any site works, building or demolition begins, the applicant must: a) notify Council of the name, address, phone number and

licence number of the Principal Building Contractor and, where applicable, Home Owners Warranty Insurance details, and

b) erect signage at the front of the property with the PCA’s and Principal Contractor's name, and contact number, site address and the number given by the Council to the application for the development approval, and

c) provide temporary on-site toilet facilities if access to existing toilets is not adequate, and

d) protect and support any neighbouring buildings and land, and

e) protect any public land or place from obstruction, inconvenience or damage due to the carrying out of the development, and

f) prevent any substance from falling onto any public land or place, and

g) provide suitable and adequate measures to restrict public access to the site and building works, materials and equipment, and

h) pay any Section 94 contributions if required by a contributions plan applying to the land, and

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i) comply with any other conditions prescribed by the Environmental Planning & Assessment Regulation.

Note: Various items do not impose a requirement on an applicant where complied with by the builder.

SITE MANAGEMENT 9 Run-off and erosion controls must be implemented before

construction to prevent soil erosion, water pollution or the discharge of loose sediment on surrounding land, as follows: a) divert uncontaminated run-off around cleared or disturbed

areas, and

b) erect a silt fence to prevent debris escaping into drainage systems or waterways, and

c) prevent tracking of sediment by vehicles onto roads, and

d) stockpile topsoil, excavated material, construction and landscaping supplies and debris within the site. In particular, no building materials, refuse or spoil shall be deposited on, or be allowed to remain on, Council's footpath.

10 Removal or disturbance of vegetation and topsoil must be confined to within 3 metres of the proposed building.

DEMOLITION 11 Any demolition works authorised by the certificate are to be

carried out in accordance with AS 2601 - 1991 ‘The Demolition of Structures’ and comply with any Council policy on waste management.

DRAINAGE 12 The completed building is to have a drainage system so that:

a) the land surrounding any structure is graded to divert

surface water to the street, and is clear of existing and

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proposed structures and adjoining premises, and

b) if the water drains to the rear of the property, it is collected

and drained via a gravity system to a Council stormwater line or disposed of in a manner consistent with Council's soil and water management policy.

13 All excavated and/or filled areas are to be retained or battered and suitably drained so as to prevent any subsidence of the area and are to be 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 part from finished ground level, plans and specifications for this construction SHALL BE CHECKED AND APPROVED BY THE PCA BEFORE WORK ON THE RETAINING WALL COMMENCES. Plans and specifications for retaining walls greater than 1.0m in height MUST BE CERTIFIED BY AN ACCREDITED CERTIFIER. Note: The submission of a separate Development Application is not required where a retaining wall has been indicated on the approved plans and is associated with this approval.

HOURS OF WORKS 14 Any building work must be carried out between 7.00am and

6.00pm Monday to Fridays, and 7.00am to 5.00pm Saturdays, with no work permitted on Sundays or public holidays that may cause offensive noise.

CONSTRUCTION WITHIN BOUNDARIES 15 The owner of the property is to ensure that any structure,

including a retaining wall, is constructed: a) to meet the setback requirements of the approved plans,

and

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b) so as to be clear of any boundary line and wholly within the confines of the lot, and

c) so as to be clear of any easement/s located within the

allotment other than as may be approved on the stamped plans and specifications.

SITE ACCESS 16 If kerb and gutter is provided, driveways are to be a minimum of

500 millimetres clear of all drainage structures on the kerb and gutter and are not to interfere with the existing public utility infrastructure, including Council drainage structures, unless prior approval is obtained from the relevant authority.

17 If kerb and gutter is not provided, the access to the lot must be constructed using: a) a gravel vehicular entrance incorporating a 375 millimetre

diameter stormwater pipe and concrete headwalls, or

b) a 6 metre by 6 metre concrete slab dish drain.

18 Driveways are to be constructed in accordance with any relevant requirements of AS 2890.1-1993 Parking Facilities Part 1: ‘Off-Street Car Parking’, with appropriate transition zones. Note: 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.

SEWER AND DRAINAGE APPROVAL 19 Before a building is occupied, an approval from Hunter Water

Corporation must be obtained, if required, for the water and sewerage connection.

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CONSTRUCTION WORKS 20 All building work must be carried out in accordance with the

provisions of the Building Code of Australia and in a professional and tradesperson like manner.

21 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.

GENERAL 22 Throughout the course of construction MANDATORY CRITICAL

STAGE INSPECTIONS and any additional inspections nominated by the PCA are required to be carried out in accordance with the Notice of Inspections provided by the PCA.

23 The owner and applicant should note that the issue of this development consent does not amount to a release, variation or modification by Council of any covenant or ‘restriction as to user’ 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.


AT THE COMPLETION OF WORKS 25 The site is to be cleared of all building refuse and spoil

immediately after completion of the building/structure.

26 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 the PCA and an Occupation or Interim Occupation Certificate has been issued. Note: where Council is the PCA responsible for issuing the Occupation Certificate, the required fee and all associated information and certifications must accompany the application for

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the certificate. 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 mandatory critical stage inspection is being requested.

27 THE APPLICANT SHALL COMPLY WITH ALL OF THE CONDITIONS WITHIN THIS SCHEDULE PRIOR TO OCCUPANCY OR USE OF THE PROPOSED DEVELOPMENT.

ADVISORY NOTES: 1 It is the Applicant's responsibility to ensure compliance with any

applicable requirements of the Federal Disability Discrimination Act, 1992 (DDA) and it should be noted that compliance with the Building Code of Australia may not necessarily meet the requirements of the DDA.

2 The use of any building/s associated with this development consent shall not be changed from the BCA classification approved of to that of another BCA classification unless the change of use has been approved under the Environmental Planning and Assessment Act, 1979.

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Officers Reports

04-2897 Additions to Tourist Accommodation Comprising a Manager's Residence & One

Additional Accommodation Unit. Lot 102, D.P 867100, 147 Swan St

Morpeth. Recommendation: Approval

Objector’s Submission


Attachment No : 2

Number of Pages : 3

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033788 Rural Residential Subdivision - Two (2) Lots into Four (4) Lots - Lot 1 DP 817015, 36 Mt. Vincent Road and Lot 1104 DP 1013857, 11 Mt. Vincent Road, East Maitland (Cont)

9.2.8 033788 RURAL RESIDENTIAL SUBDIVISION - TWO (2) LOTS INTO FOUR (4) LOT 1 DP 817015, 36 MT. VINCENT ROAD AND LOT 1104 DP 1013857, 11 MT. VINCENT ROAD, EAST MAITLAND RECOMMENDATION: REFUSAL

File No: 033788 Attachments: Locality Plan

Development Plans

Responsible Officer: David Simm Manager Development and Environment Author: Tracey Le Brun Town Planner Applicant: Hill Top Planners Proposal: Rural Residential Subdivision - Two (2)

Lots to be subdivided into Four (4) Allotments

Location: Lot 1 DP 817015, 36 Mt. Vincent Road and Lot 1104 DP 1013857, 11 Mt. Vincent Road, East Maitland

Zone: 1(c) Rural Small Holdings

EXECUTIVE SUMMARY Development consent is sought from Council for Rural Residential Subdivision - Two (2) Lots into Four (4) Lots at Lot 1 DP 817015, 36 Mt. Vincent Road and Lot 1104 DP 1013857, 11 Mt. Vincent Road, East Maitland. The subject land is zoned 1(c) Rural Small Holdings under Maitland Local Environmental Plan, 1993. Whilst subdivision is a permissible form of development with consent in the zone, the proposal is considered generally inconsistent with the objectives of the 1(c) Rural Small Holdings zone as defined within the Maitland LEP, 1993. The application has been assessed with regard to relevant provisions of Development Control Plan 33 Subdivisions and the Maitland Local Environmental Plan 1993. The proposed development is considered inconsistent with the rural character of the estate and planning objectives set in 1990 by Council for low density residential development in a rural setting in the locality. The proposal is not consistent with the character of the existing subdivision along this section of Mt. Vincent Road and considered inappropriate for the site given environmental and visual considerations.

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The proposal does not comply with average lot size requirements under Clause 11 of Maitland LEP 1993, for the re-subdivision of rural residential land. In addition, the proposal is considered inconsistent with the circumstances and planning rationale that formed the basis for the creation of Lot 1 DP 817015 and the 1(c) Rural Small Holdings zoning over Lot 1104 DP 1013857 for low residential density development with a rural character. The development application was not required to be publicly notified, under Development Control Plan 37 Advertising and Notification of Development Applications. The likely impacts or issues from the development relate to both non-compliance with Cause 11 of the Maitland LEP 1993 and DCP 33 Subdivisions, impact on the Rathluba ridge, removal of tree cover and bat habitat, drainage impacts and traffic impacts on Mt. Vincent Road. These issues are discussed under S79C(1)(a)(i)(iii) and (b) below. The proposal has been assessed with regard to relevant Section 79C Environmental Planning and Assessment Act 1979 heads of consideration, and, is recommended for refusal subject to attached Reasons for Refusal. It is also recommended that Council resolve to prepare a site specific draft local environmental plan over land zoned 1(c) Rural Small Holdings in the Rathluba Estate precluding re-subdivision of the existing lots.


1. DA 033788 for Rural Residential Subdivision - Two (2) Lots into Four (4) Allotments on Lot 1 DP 817015, 36 Mt. Vincent Road and Lot 1104 DP 1013857, 11 Mt. Vincent Road, East Maitland be refused for the following reasons;

a) The proposal does not comply with Clause 11 of the Maitland LEP 1993 relating to average rural residential lot sizes for land zoned 1(c) Rural Small Holdings (s. 79C(1)(a)(i));

b) The proposal is considered to be inconsistent with the provisions of Development Control Plan 33 Subdivisions (s. 79C(1)(a)(iii));

c) The proposal is considered likely to result in an impact on the built environment with social impacts on the locality by a reduction in the amenity and character of the rural residential estate due to a proposed increase in urban density on the land and visual impacts associated with tree removal on the ridge (s. 79C(1)(b);

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d) The proposal is considered likely to result in environmental impacts on the natural environment from tree removal, loss of fauna habitat and impact on threatened species, storm water drainage impacts onto adjoining land and traffic impacts onto Mt. Vincent Road (s.79C (10(b) and 5A);

e) The proposal is not considered consistent with the circumstances and planning rationale that formed the basis for the creation of Lot 1 DP 817015 and the 1(c) Rural Small Holdings zoning over Lot 1104 DP 1013857 for low residential density development with a rural character.

2. Council resolve to prepare a draft Local Environmental Plan over rural residential land zoned 1(c) Rural Small Holdings in the Rathluba Ridge estate precluding re-subdivision of the existing lots.

REPORT

INTRODUCTION The subject land is located at Lot 1 DP 817015, 36 Mt. Vincent Road and Lot 1104 DP 1013857, 11 Mt. Vincent Road, East Maitland. (Refer to Attachment 1 for the Locality Plan.) The subject land is located on a wooded ridgeline within a rural residential subdivision. Access is available from Mt. Vincent Road, which is classified as a collector road. An existing dwelling and dam is located on Lot 1 DP 817015, 36 Mt. Vincent Road, East Maitland, while an existing shed is located on the other allotment. The land has a total area of 1.9756 hectares, consisting of 1.14ha for 36 Mt. Vincent Road, and, 8356m2 for 11 Mt. Vincent Road in East Maitland. The land is zoned 1(c) Rural Small Holdings under the Maitland Local Environmental Plan 1993, which permits rural residential subdivision, subject to the lots meeting the prescribed minimum and average lot sizes criteria.

BACKGROUND A check of the development history for the existing allotments subject to the proposal has identified the following pertinent detail which illustrates the philosophy and rationale of the parent subdivisions from which the lots were created. Other information is provided for reference purposes. Lot 1 DP 817015 was created via Development Application 89030 for 100 residential lots and 16 rural residential lots, which was approved on the 25 June 1990. The land was zoned 2(d) Residential under the Maitland LEP 1986. A Council report dated 12 June 1990, indicated that the rural residential lots were deliberately larger than the residential lots for reasons including significant mine subsidence restrictions. The increased area of these lots

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would ensure an easier location for future building sites, assist in retaining the dense tree cover which existed on that part of the subdivision, and, lessen the visual and amenity impacts of the proposed subdivision on adjoining residences in the area. A rezoning to 1(e) Rural Small Holdings was recommended as it was considered a means by which to avoid future pressures for re-subdivision of this land into smaller residential allotments. The land was rezoned to 1(e) Rural Small Holdings under the Maitland LEP 1986 and was gazetted on the 23 November 1990. This land’s zone title was changed to 1(c) Rural Small Holdings with the gazettal of the Maitland LEP 1993 on 3 September 1993. Refer to Attachment 2 for a copy of 25 June 1990 Council report. Lot 1104 DP 1013857 was created via Development Application 000092 for 11 rural residential lots and 74 residential lots and was approved on the 27 April 2000. The subject lot is located in the East Maitland Mine Subsidence District. That part of the parent lot proposed for rural residential lots was zoned 1(c) Rural Small Holdings under the Maitland LEP 1993. A flora and fauna study carried out in relation to the proposed subdivision identified that 2 threatened bat species were associated with the open forest system on the land. The study recommended that all trees within the open forest be retained. This recommendation was supported in a report to Council dated 18 April 2000 and resulted in a condition of consent requiring that all trees on lot 1101 to 1111 inclusive be retained, and, should removal of any hollow bearing tree be required that a suitably qualified and immunised (Lyssa virus) person be present to ensure that any potentially affected animals would be properly dealt with. It is acknowledged that Council approved 2 re-subdivisions of land zoned 1(c) Rural Small Holdings in the estate in 1998 and 2000. As a result of proposals such as these Council has recognised the importance of proper management and control of urban density, character, streetscape and environmental/ social issues that exist in relation to the re-development of both residential and rural residential land. These concerns have resulted in stricter controls on re-subdivision in specific localities as shown in the following examples. The Maitland LEP was amended on May 2004 to prohibit re-subdivision of land zoned 1(c) Rural Small Holdings in the Bolwarra Park Estate. On 26 November 2004, Council gazetted an amendment to the LEP both introducing a new 1(d) Rural Residential zone generally and the rezoning of specific land on Dunmore Road from 1(a) Prime Rural Land to 1(d) Rural Residential. On a general note, Council amended DCP 33 Residential Subdivisions on June 2004, detailing that subdivision of land zoned 1(c) be designed to address rural character and scenic values, natural constraints, be consistent with the lot size and shape of existing lots in the immediate vicinity of the parent lot, that proposed lots comply with the minimum and average lot size

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criteria for rural residential land, and, have regard to the circumstances and planning rationale that formed the basis for the creation of the parent lot subject to the application. In addition, Council adopted an amendment to Development Control Plan (DCP) 6 Raworth Residential Subdivision to preclude re-subdivision of certain residential land defined as “Lifestyle Allotments”, and, limit residential development to one dwelling per allotment in the Morpeth Manor Residential Estate on 25 November 2004. The subject development application was lodged at Council on 1st October 2003 by Acroplan Pty Ltd whom Council contacted over an 8 month period, including 20/11/03, 19/2/04, 9/3/04 for outstanding information and culminating in a letter of Intention to Refuse on 8/6/04. Council was advised then, that a new applicant, HillTop Planners was engaged by the landowner on 10 June 2004. As a result, Council granted HillTop Planners a time extension for the provision of outstanding information until 9 August 2004. Council did not receive that information by that date, however, a meeting was held with the applicant on the 10/8/04. Following that meeting, Council issued a further letter of Intention to Refuse the development on the 15th October 2004 due to outstanding information still not having being received as requested. The applicant contacted Council on 18/10/04 to advise that all outstanding information would be submitted on 22/10/04. The outstanding information was finally received at Council on 1/11/04. A Council report was consequently prepared to be presented at the Ordinary meeting on the 30/11/04, however, it was withdrawn at that time on request of the applicant.

PROPOSAL The development proposal involves the re-subdivision of two allotments into four. Lot 1 is to contain the existing dwelling and retain full frontage on Mt. Vincent Road. Lot 1 is proposed to have an area of 5456m2 and is square in shape. Lot 2 is to be a “Battle-axe” shaped lot with an access corridor link to the public road. Lot 2 is to contain approximately half of the existing dam. Lot 2 has an access corridor of 360m2 with a width of five metres and an area of 5,131m2 exclusive of the corridor. Lot 3 is another “battle-axe” allotment with an access corridor to Mt. Vincent Road of 325m2 in area. The area exclusive of access corridor for Lot 3 is 4,520m2. Lot 3 is to contain approximately half of the existing dam. Lot 4 is square in shape with full frontage on Mt. Vincent Road. Lot 4 will contain the existing shed, and has an area of 4000m2. Lots 2, 3 and 4 are proposed to have building envelopes of the following size:

• Lot 2, a 1,236m2 envelope; • Lot 3, a 996m2 envelope; and, • Lot 4, a 1323m2 envelope.

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A check of the plans indicates that tree cover is located in the proposed building envelopes of Lots 3 and 4. Refer to attachment 3 for a copy of the development plan.



Local Environmental Plan The subject land is zoned 1(c) Rural Small Holdings under Maitland Local Environmental Plan 1993. The proposed development is defined under the LEP as “Subdivision” which is a permissible land use in the 1(c) zone with Council consent. The proposal is considered to be inconsistent with the zone objectives, as follows. 1(c) Rural Small Holdings a) To identify land suitable for low density residential development with a

rural character. b) To permit selected non-residential land uses which will not adversely

affect residential amenity or rural character. c) To control the intensity of rural residential development consistent with

the physical limitations of the land and the costs and limitations of the provision of public amenities and services.

d) To prevent the establishment of traffic generating development along main and arterial roads.

The proposal is relatively low in density but not consistent with the established pattern of subdivision (a). The proposed re-subdivision of rural residential land is considered detrimental to the retention of tree cover on the ridgeline and bat habitat, and, visual considerations associated with the retention of a wooded ridgeline (b). However, augmentation of public facilities and services or the provision of utility services, are able to be addressed by either a Section 94 monetary contribution to Council or consultation and compliance with the relevant utility authorities (c). Mt. Vincent Road is classified as a collector road, however, in the future, it is expected to play a larger role as a key connecting point to the highway link to the F3 Freeway at Branxton. The proposed subdivision would not have significant impacts on the level of service of Mt. Vincent Road (d). The proposal is therefore considered inconsistent generally with the objectives of the zone.

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Clause 11 What are the minimum allotment sizes for rural land? Council may grant consent to the subdivision of land in a rural zone only where the allotments to be created will have the following minimum areas: On land zoned 1(a) 40 hectares On land zoned 1(b) 40 hectares On land zoned 1(c) 4000m2 with an average lot size of not less

than 5500m2. On land zoned 1(d) 2000m2 An assessment of the proposed development indicates that whereas a minimum of 4000m2 is achieved with Lot 4, the remaining lots do not have an average lot size of not less than 5500m2. Lots 1 and 2 at 5456m2 and 5491m2 respectively are marginally below the standard, however, proposed Lot 3 at 4845m2 is a significant departure from the standard. The proposal does not comply with average lot size requirements for re-subdivision of land zoned 1(c) Rural Small Holdings under the Maitland LEP 1993.

Regional Environmental Plan The re-subdivision of this land is inconsistent with objective 24(c) of the HREP, which seeks to ensure that the development of rural smallholdings and multiple occupancy only occurs on land capable of such developments in appropriate locations.

State Environmental Planning Policies The applicant is seeking to subdivide two allotments into four lots. The proposal does not comply with Council’s requirements for an average lot size of 5500m2 under Clause 11 in the Maitland LEP. The application is seeking to vary a development standard and a SEPP 1 Objection has been submitted by the applicant for consideration. The land is also identified as being environmentally sensitive under SEPP 60 Exempt and Complying Development due to location in a Mine Subsidence District. 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 Development Control Plan (DCP) 33 Subdivisions and DCP 37 Advertising and Notification of Development Applications apply to the proposed development.

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DCP 37 Advertising and Notification of Development Applications Public exhibition was not required as the development application was lodged well prior to the amendments to DCP 37 requiring the advertisement of small-scale subdivision proposals. DCP 33 Subdivisions Consultation and compliance would be required to be obtained from the relevant utility authorities including the Hunter Water Corporation. A Section 50 Certificate from the Hunter Water Corporation is required confirming connection of all new lots to a reticulated sewer system. The subdivision complies with the minimum lot size of 4000m2, however, the average lot size is 4770m2, which is well below the required 5500m2. The proposal is also considered to be inconsistent with the following lot size and dimension requirements:

• The proposal is not considered to be designed to maintain and enhance the rural character and scenic attraction of Maitland as it involves the creation of 2 additional lots on the Rathluba ridge and provides future dwelling sites that will involve removal of tree cover on the ridge;

• Each new lot is required to contain a building envelope with a minimum area of 2000m2 and be free of significant vegetation and significant topographical/ natural features. Proposed Lots 2,3 and 4 have building envelopes below that requirements at 1236m2, 996m2 and 1323m2 respectively. Significant vegetation is considered to exist on the land, particularly Lot 1104 DP 1013857 and its disturbance to accommodate 2 dwellings and associated improvements will have an adverse impact on the visual integrity of the treed ridgeline;

• The re-subdivision of the existing rural residential allotments as battle-axe allotments is not consistent with the size and shape of the existing lots in the immediate vicinity. Other lots adjoining and nearby have the following sizes:

o Lot 2 DP 817015, 28 Mt. Vincent Road, 1.241ha; o Lot 12 DP 826838, 15 Hectors Hill Close, 9476m2; o Lot 14 DP 826838, 11 Hectors Hill Close, 1.1ha; o Lot 1103 DP 1025959, 14 Woodrow Way, 7446m2; o Lot 1105 DP 1025959, 16 Woodrow Way, 5888m2; and, o Lot 1106 DP 1025959, 18 Woodrow Way, 7561m2.

• The proposal is not considered to be consistent with the circumstances or planning rationale that formed the basis for the creation of the allotments subject to the application. Lot 1 DP 817015 was created as a large lot to ensure an appropriate location for a future building site, assist in retaining the tree cover which existed on that part of the subdivision, and, lessen the impact of the proposed subdivision on adjoining residences in the area. The other lot, Lot 1104 DP 1013857 was created to size requirements under the Maitland LEP 1993 for land

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zoned 1(c) Rural Small Holdings. In addition, the lot size was considered doubly important for retention of existing vegetation and bat habitat associated with two threatened bat species identified over the parent subdivision.

A flora and fauna study undertaken in reference to DA 000092 pertaining to the parent subdivision that created Lot 1104 DP 1013857 indicated that rural residential lots contained habitat associated with 2 threatened bat species and recommended that all trees within the open forest be retained. The “open forest” is classified as a Lower Hunter Spotted Gum – Ironbark Forest and has a preliminary listing as an Endangered Ecological Community by the NSW Scientific Committee. It is considered that approval of the development would be contrary to the principle of maximising tree and habitat retention. Building envelopes identified for vacant lots indicate that trees are located within the envelopes – experience has shown that this is not an effective guarantee for preservation of trees within or outside the envelopes upon occupation. Site plans of each lot indicate some open areas clear of tree cover. If Council considered that merit existed for the proposal it should ask that environmental enhancement be required in the degraded areas outside the proposed building envelopes as a result of a planting and vegetation management scheme. The subdivision as proposed has attempted to take into account the location of native vegetation, however, an existing dam is shown as being located over both Lots 2 and 3. A recent submission by the applicant indicates that the dam is to be modified so that it is fully located on proposed Lot 2. No detailed plans have been provided in relation to the dam at this stage. The applicant has indicated that dual rainwater tanks are proposed for the new dwellings, one for storage and domestic use and the other for drainage detention purposes. This is acceptable if it addresses Council’s on-site detention requirements satisfactorily. All existing stormwater drainage lines and services of proposed lot 1 would be required to be contained wholly within the lot. Water discharge from these tanks is to be via a natural grade towards the existing dam. It is considered that the existing overflow system from the dam is in poor condition and requires upgrade or improvement to ensure that the batters and the base of the dam remain stable during overflow conditions. It is to be noted, that the stability of the dam is questionable as it is unapproved by Council. The dam has been built immediately adjacent to the rear boundary of both existing allotments and major bypass flows are currently directed onto the neighbouring property to the west rather than being conveyed to the natural watercourse. A detailed design would be required for approval, and a purpose built drainage system installed, to convey the major flows to the natural watercourse. The proposal indicates that 2 battle-axe allotments with separate access corridors are proposed. Reciprocal rights of carriageway, 1.5 metres wide, would be required to be created along the boundary of the two battleaxe handles for the shared access driveway serving the two rear lots of the subdivision. In addition, a shared driveway would be required within the reciprocal rights of carriageway of the battleaxe handles with a capacity to

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permit simultaneous entry and exit of vehicles from the public roadway. The existing dwelling has an existing access onto Mt. Vincent Road. The remaining lot, lot 4, would also require its access onto Mt. Vincent Road to be constructed. If Council considered merit existed for this proposal, it should require that all works be carried out in accordance with Council Standards. The effect of this proposal is to double access arrangements and traffic movements onto Mt. Vincent Road in relation to future residential development on the land. The land is partially defined as bushfire affected via Council’s Bushfire Hazard Mapping and applications for future dwellings will require assessment against the requirements of Planning for Bushfire 2001. The land is not affected by land contamination or flood affected. It is Council’s preference that all new rural residential allotments be connected to the reticulated sewer system. The proposal is considered to be a significant departure from the main provisions of DCP 33 and it is recommended that the proposal be refused. 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 likely impacts identified as being relevant to the development are as follows: impact on the Rathluba ridge, removal of tree cover and bat habitat, drainage impacts, traffic and access impacts on Mt. Vincent Road. Impact on Rathluba Ridge The proposal is considered likely to impact on the visual integrity of the ridgeline by the removal of vegetation associated with future development of the proposed allotments, particularly in relation to Lots 2 and 3 at the rear of the land. The removal of this vegetation will open up the bushland area, potentially making future residential development visible when viewed from Louth Park and East Maitland, causing visual impacts on the ridge. It is noted that vegetation has been removed expected to be associated with construction of the dwelling, shed and dam located on the land. This has in the case of Lot 1 DP 817115 resulted in a sparsely vegetated allotment that permits a views outlook for the land-owner. It is noted that earlier approvals issued in relation to the creation of each lot considered tree retention on the ridge an important basis for the rezoning of those lots to 1(c) Rural Small Holdings under the Maitland LEP 1993. The proposal is considered likely to result in visual and physical impacts on the ridgeline if approved.

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Removal of Tree Cover and Bat Habitat As discussed earlier, the circumstances and planning rationale behind the parent subdivisions from which each lot was created amongst other things related to retention of vegetation and preservation of threatened bat species habitat. The vegetation community is classified as a Lower Hunter Spotted Gum – Ironbark Forest and has a preliminary listing as an Endangered Ecological Community by the NSW Scientific Committee. Approval of this proposal would result in additional tree removal on land already made sparse by recent residential development and further degradation of the open forest. The applicant’s recommendation that Council consider applying a restriction that all vegetation visible from Rathluba Reserve or future tree removal be supported by a professional arborist report as apart of an approval for the development is not supported. Approval of the subdivision would result in significant tree removal as part of residential development. Experience has shown that occupants of residential development are generally nervous about tree growth in vicinity to buildings, often seeking tree removal on purchase or construction of works on the land. The proposal is considered detrimental to retention of tree cover and threatened species habitat on the land and it is recommended that it not be supported. Drainage Impacts Currently, major bypass flows from the existing dam are directed onto the neighbouring property to the west rather than being conveyed to the natural watercourse. As discussed above, this is a major concern in respect to the proposal, which would require, if the proposal was supported, submission of a detailed design for approval and a purpose built drainage system installed, to convey the major flows to the natural watercourse. However, the dam is itself an issue due to it being unapproved by Council. It is considered that the existing overflow system from the dam is in poor condition and requires upgrade or improvement to ensure that the batters and the base of the dam remain stable during overflow conditions. Generally, on-site detention would be required in relation to the new lots to Council Standards, and, all existing stormwater drainage lines and services of proposed lot 1 would be required to be contained wholly within the lot. Traffic and Access Impacts on Mt. Vincent Road Mt. Vincent Road is categorised as a collector road rather than a main or arterial road. The proposal will increase development potential on the land if supported and lead to an increase in traffic movements, currently acceptable given the status of the road. However, it is expected that Mt. Vincent Road will play a larger role in the future as a key connecting point to the highway link to the F3 Freeway at Branxton. In that respect, Council should consider whether it wants to encourage re-subdivision of rural residential allotments on Mt. Vincent Road and increase the number of lots with direct access given the likelihood that the road will carry significantly increased traffic volumes when connected to the F3 Freeway. If this proposal was supported, it would

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encourage similar proposals on other rural residential land and potentially create a situation of conflict between residential and through traffic from East Maitland to the proposed F3 Freeway. Section 79C(1)(c) the suitability of the site for the development The site is not considered suitable for the development as it will increase urban density in the area and likely to result in adverse impacts on the natural and built environment. 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.

Submissions from public authorities Correspondence from the previous Department of Urban Affairs and Planning dated 7 March 2001 indicates that Council is able to exercise delegations in the determination of a variation to the average lot size as described under clause 11 of the Maitland Local Environmental Plan 1993. The subject proposal involves a variation to the average lot size under Clause 11. Section 79C(1)(e) the public interest This land has been zoned for low density residential development with a rural character, which involves large allotments and the retention of natural bushland or habitat. The retention of natural bushland or habitat is particularly important in the Maitland Local Government Area due to historic agricultural and land use practices which has resulted in over 90% of Maitland’s native vegetation being removed. In addition, retention of scenic or topographic features such as the Rathluba ridgeline is also of importance to the local community. On balance, for the reasons detailed above in the report, it is recommended that the proposal be refused as it is not considered to be in the public interest.


POLICY IMPLICATIONS This proposal is considered to not comply with the provisions of Development Control Plan 33 Subdivisions as discussed above under S79C(1)(a)(iii) and it is recommended that the proposal be refused for the attached reasons. It is also recommended that a draft Local Environmental Plan be prepared over rural residential land zoned 1(c) Rural Small Holdings in the Rathluba Ridge estate precluding re-subdivision of the existing lots.

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CONCLUSION An assessment of the application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as amended. This assessment has been carried out against a backdrop of delays in Council receiving requested information from the applicant, a change in applicant, and, regard to the complex issues involved in attempting to deal with the range of concerns raised by Council in regard to the proposed development. The proposal is considered to be inconsistent with the objectives of the 1(c) Rural Small Holdings zone under the Maitland LEP 1993 and does not comply with Clause 11 of the Maitland LEP 1993 pertaining to average lot sizes for rural land. In addition, the proposal is considered inconsistent with the circumstances and planning rationale that formed the basis for the creation of Lot 1 DP 817015 and the 1(c) Rural Small Holdings zoning over Lot 1104 DP 1013857 for low residential density development with a rural character, and, considered inappropriate for the site given environmental and visual considerations discussed above that limit re-development of the land. The proposal has been assessed with regard to relevant provisions of Development Control Plan 33 Subdivisions and is considered to not comply with the main provisions of the DCP being an average lot size requirement of 5500m2 and other size and dimension requirements discussed above in Section 79C(1)(a)(iii) albeit that the proposal does comply with a minimum lot size requirement. The proposed development is considered inconsistent with the rural character of the estate and planning objectives set in 1990 by Council for low density residential development in a rural setting in the locality, which resulted in application of a 1(c) Rural Small Holdings zoning over the subject land. The issue of re-subdivision of residential or rural residential land in Maitland has been recognised as an issue by Council with its implications in relation to environmental impacts and the provision of public facilities and services including utility services as a result of an increase in urban density. Council’s concern has resulted in various site specific rezoning amendments, the introduction of a new 1(d) Rural Residential zone and an amendment to DCP 33 Subdivisions placing size and dimension restrictions in relation to proposals to re-subdivide residential or rural residential land. The proposed development is not considered acceptable in terms of the relevant matters for consideration under the Act and it is recommended that the development application be refused for the reasons discussed. It is also recommended that Council resolve to prepare a draft Local Environmental Plan over rural residential land zoned 1(c) Rural Small Holdings in the Rathluba Ridge estate precluding re-subdivision of the existing lots.

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Officers Reports

033788 Rural Residential Subdivision - Two (2) Lots into Four (4) Lot 1 DP 817015, 36 Mt. Vincent Road and Lot 1104 DP 1013857, 11 Mt. Vincent Road, East Maitland.

Recommendation: Refusal

Locality Plan


Attachment No : 1

Number of Pages : 1

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Officers Reports

033788 Rural Residential Subdivision - Two (2) Lots into Four (4) Lot 1 DP 817015, 36 Mt. Vincent Road and Lot 1104 DP 1013857, 11 Mt. Vincent Road, East Maitland.

Recommendation: Refusal

Development Plan


Attachment No : 2

Number of Pages : 1

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04/2505 Subdivision of 1 lot into 51 lots River Road, Windella (Cont)

9.2.9 04/2505 SUBDIVISION OF 1 LOT INTO 51 LOTS RIVER ROAD, WINDELLA. RECOMMENDATION: APPROVAL

File No: DA 04-2505 Attachments: Locality Plan

Subdivision Plan DIPNR’s General Terms of Approval Submissions

Responsible Officer: David Simm Manager Development & Environment Author: Mark Daniels Senior Town Planner Applicant: Pulver Cooper Blackley Proposal: Subdivision of 1 lot into 51 lots Location: Lot 71 DP 573183 94 River Road,

Windella Zone: 1(c) Rural Small Holdings

EXECUTIVE SUMMARY Development consent is sought from Council for Subdivision of 1 lot into 51 lots at River Road, Windella. The subject land is zoned 1(c) Rural Small Holdings under Maitland Local Environmental Plan, 1993. Subdivision is a permissible form of development in the 1(c) Rural Small Holdings Zone with Council consent and is not inconsistent with the objectives of the zone. There are no major physical constraints to the proposed subdivision, with specific conditions to be applied regarding drainage, road design and construction.


Development Application 04-2505 for Subdivision of 1 lot into 51 lots on, River Road, Windella be approved, subject to the conditions of consent set out in the attached schedule.

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REPORT

INTRODUCTION Council is in receipt of a development application for the subdivision of 1 lot into 51 lots. The proposed development was originally lodged as 50 new lots and exhibited in accordance with Council’s Policy for a period of 30 days as required for Integrated Development. Council received several submissions, including objections from the public. The proposed layout was initially revised to include 52 allotments but has now been released to 51 to provide for adequate building envelopes. The public submissions and other relevant issues are discussed in detail within this report for the application to be determined by Council.

BACKGROUND The subject land is located east of the Windella Downs Estate with access available off River Road and Beacon Hill Road. The site is approximately 37.1 hectares in size, is undulating land predominantly used in the past for grazing, and contains a natural watercourse running east/west through the site. The subject land was rezoned in June 2004 from 1(b) Secondary Rural to part 1(c) Rural Small Holdings and part 7(b) Environmental Protection Buffer.

PROPOSAL The proposed development is a subdivision of 1 allotment into 51. The proposed lots will range in size from 5750m2 to 1.63 hectares. The proposal involves the extension of River Road northwards culminating in a cul-de-sac, the construction of a new intersection and new roads within the subject site. No vehicular access will be provided to Beacon Hill Road. The existing vegetation located within the 7(b) Environmental Protection Buffer zone will be maintained and incorporated in to the rear of several allotments. The proposal also includes new landscaping along the watercourse, within the street, and along allotment boundaries.


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Local Environmental Plan The subject land is zoned 1(c) Rural Small Holdings 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.

a) To identify land suitable for low density residential development with a rural character.

b) To permit selected non-residential land uses which will not adversely affect residential amenity or rural character.

c) To control the intensity of rural residential development consistent with the physical limitations of the land and the costs and limitations of the provision of public amenities and services.

d) To prevent the establishment of traffic generating development along main and arterial roads.

The proposed subdivision is considered to be consistent with the objectives of the 1(c) Rural Small Holdings zone, particularly by providing for a range of allotment sizes to accommodate low density residential development with a rural character. It is considered the subdivision layout has responded to the sites constraints in terms of the natural watercourse and the general topography. The land is serviced by reticulated town water, however the land does not have access to the Hunter Water Corporations sewer, and therefore the proposed subdivision will have suitable on site effluent disposal systems for individual dwellings. Under Clause 11 of the LEP 1993, the minimum lot size requirement is 4000m2, with an average lot size of not less than 5500m2. The proposal complies with such provisions, having allotments ranging in size from 5750m2 up to 1.63 hectares. Part of the site is also zoned 7(b) Environmental Protection Buffer. This area is to be suitably maintained as a buffer between future dwellings and the existing vegetation. The proposal is consistent with the zone objectives which are:

a) To provide a natural buffer area between incompatible landuses to provide environmental protection or maintain scenic quality.

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b) To protect watercourses and other areas of environmental significance from the adverse effects of industrial and urban development.

c) To permit selected land uses which will not adversely affect the role of the buffer.

Regional Environmental Plan The proposed development is considered to be consistent with Hunter Regional Environmental Plan, particularly by contributing to the provision of housing stock demands in the region.

State Environmental Planning Policies There are no relevant State Environmental Planning Policies. Section 79C(1)(a)(iii) any development control plan Development control Plan No.33 – Subdivisions The objectives of this Plan are: a) To promote the efficient use of an increasingly limited land resource in

the City of Maitland. b) To encourage innovation in subdivision design to create a strong sense

of community, a pleasant living environment and reduce environmental impacts.

c) To encourage an integrated approach to street pattern, lot layout and facility provision to create desirable urban environments and character.

d) To ensure that the principles of Environmentally Sustainable Development are applied to the design of subdivisions and subsequent housing, with particular emphasis on compliance with Council’s Energy Smart Homes Development Control Plan.

e) To ensure that subdivisions protect and enhance rural character and prevailing views in the City.

f) To facilitate different subdivision forms and the use of different land title systems which may assist in minimising and managing environmental problems (eg the use of community title to manage areas requiring environmental repair or common drainage or effluent systems).

g) To ensure that subdivisions and subsequent housing take account of physical constraints such as bushfire, flooding, landslip, and the like.

h) To protect key cultural resources (places of environmental heritage value) from land use or management practices which will lead to their degradation or destruction.

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The proposed subdivision is considered to be consistent with the above mentioned objectives, particularly in terms of being an efficient use of land resources, whilst being compatible with the surrounding land uses and the established character of the area. The proposed subdivision design has satisfactorily responded to the sites constraints, with the size of allotments, aspect and street patterns providing adequate building envelopes to encourage energy efficient housing, whilst also accommodating areas for on site effluent disposal. The proposed subdivision will incorporate adequate landscaping, including the retention of existing vegetation, planting riverine vegetation within and adjacent of the natural watercourse, together with new street trees and buffer plantings along allotment boundaries. The proposed development has provided for adequate flood free building areas, and all drainage and road works are considered satisfactory, subject to appropriate conditions of consent. 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 subject site contains minimal vegetation, apart from the area contained within the 7(b) Environmental Protection Buffer zone, with the land previously being used predominantly for grazing purposes. As such there is little habitat opportunity for flora and fauna beyond the 7(b) zone. The expected earthworks and road construction is considered reasonable, and subject to conditions there should be no significant erosion or sediment impacts. The proposal also incorporates adequate drainage provisions to maintain water quality entering and exiting the site. The proposed lot layout and size of individual lots is satisfactory, providing large building envelopes for future dwelling houses. The proposed subdivision is consistent with the rural residential character of adjoining development, and is not expected to have any adverse social or economic impacts. The subject site contains a Potential Archaeological Deposit (PAD) which is located within the 7(b) Environmental Protection Buffer zone, adjacent to the natural watercourse. The PAD is considered to be of low significance and is unlikely to be substantial or significant. The archaeological assessment recommended that no further archaeological testing or surface survey is required if the PAD is to be left undisturbed. The 7(b) zone will preclude any development of the PAD location, and it is further recommended that a suitable condition be applied to any development consent, being a restriction as to user notation on the title of proposed Lot 15

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identifying the PAD, so as to highlight to future owners the prohibition of any development or disturbance of the PAD location. Section 79C(1)(c) the suitability of the site for the development The subject site has recently been rezoned for the purposes of rural/residential development. It is considered the site is adequately serviced by utility services and roads. The site is partially affected by flooding, however this is confined to the area adjoining the natural watercourse. Adequate flood free land is available for suitable building envelopes. The remnant vegetation located on the site has been suitably protected within the 7(b) Environmental Protection Buffer zone, and the provisions of the zone adequately restrict any development or clearing. The 7(b) zone does encourage the protection of such environmentally sensitive areas and watercourses, and the proposed Landscaping Plan does include additional plantings within and adjacent to the watercourse to maintain the integrity of the remnant vegetation. It is also recommended that those proposed allotments adjoining the natural watercourse be further restricted under Section 88b of the Conveyancing Act on the final survey plan, so as not to permit any development of effluent disposal systems within 40 metres of the centre line of the watercourse, so as to comply with relevant guidelines. Within the 7(b) Environmental Protection Buffer zone is a Potential Archaeological Deposit (PAD), which was identified during the rezoning process. It is recommended that this part of the site not be developed or disturb, and this will effectively be achieved by the restrictions of the 7(b) zone. It is further recommended that a suitable restriction on the title be applied to the final survey plan acknowledging the PAD, and prohibiting any disturbance. The application was referred to the Rural Fire Service who raised no objections to the proposal and granted a Bush Fire Safety Authority. Section 79C(1)(d) any submissions made in accordance with this act or the regulations

Public Submissions The proposed development is Integrated Development and accordingly the development application and accompanying information were placed on public exhibition for a period of 30 days from 5 August to 3 September 2004. As a result of the notification process, a total of 16 objections were received and are provided as Attachment (1) to this report. The proposed development was originally lodged as 50 new lots. The proposed layout was subsequently revised to include 52 allotments, and

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Council re-exhibited the proposal for another 14 days to all those persons originally notified. An additional 4 submissions were received. Subsequent to that, the proposed plan has been revised to provide more generous building envelopes and the total number of new lots is now 51. The main issues raised by the objectors are summarised below and comment provided:

Increased traffic

Planner’s Comment

The objector’s were concerned that the additional traffic generated by the proposed development would create safety problems, particularly at the intersection of River Road and the New England Highway.

In this regard the development application and traffic study was referred to the Roads and Traffic Authority (RTA) and the Local Traffic Committee for comments and conditions.

The RTA raised no objection to the proposal and advised Council that “there are minimal impacts on the New England Highway/River Road intersection. The existing Type ‘CHR’ intersection will adequately accommodate traffic generated by the proposed subdivision.”

The Local Traffic Committee also raised no objections to the proposed subdivision subject to conditions, which included the construction of a new intersection at Lerra Road/River Road, and prohibiting vehicular access to Beacon Hill Road. All conditions recommended by the Local Traffic Committee will be applied to any development consent issued.

Several objectors were also concerned about traffic noise caused by the main access road adjacent to their dwellings, (as was proposed in the original subdivision layout.) Accordingly the subdivision layout was revised by the applicant, and included relocating the proposed road approximately 100 metres to the north. Those adjoining neighbours have not raised any further objection to the revised subdivision layout.

Flooding and drainage impacts

Planner’s Comment

The objector’s were concerned what impacts the proposal would have on the areas drainage and flooding regimes. Council’s Subdivision and Development Engineer has assessed the proposed development and reviewed the comments made in the public submissions.

Stormwater drainage enters, and is conveyed through the site by an intermittent natural watercourse. All new lots will satisfactorily drain to this

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watercourse.

Where River Road and the proposed roads cross the watercourse, major flows will be catered for, at each location, keeping any backwater affect to an acceptable minimum.

The watercourse has been investigated for its capacity to convey major stormwater events, and levels have been determined to ensure flood-free building sites within each proposed allotment.

The concerns regarding flooding have been taken into consideration in the flood assessment, including consideration of upstream properties and conditions (including existing dams) in the flow characteristics. Issues regarding backwater will be satisfactorily catered for by the provision of generously sized culverts to minimise any affects.

Loss of rural character and quality of life

Planner’s Comment The subject land was recently rezoned by Council from 1(b) Secondary Rural to part 1(c) Rural Small Holdings and part 7(b) Environmental Protection Buffer, and accordingly it is expected that the development of an existing vacant site will affect the outlook and character of the area. However, it is considered the proposed subdivision is consistent with the existing Windella estate, particularly in terms of allotments sizes and maintaining a rural/residential neighbourhood amenity. The proposed subdivision will provide an opportunity for a good quality estate that provides large lots with high amenity and desirable views. It is considered the proposed development will enhance and maintain the quality of life currently enjoyed by local residents.

Submissions from public authorities The proposed subdivision is Integrated Development as it includes works within 40 metres of a natural watercourse, which requires a 3A Permit under the Rivers and Foreshores Improvement Act, 1948. Accordingly, the application was referred to the Department of Infrastructure, Planning and Natural Resources (DIPNR), who raised no objection to the proposed development, subject to General Terms of Approval (GTA). The GTA’s will be included in the conditions of development consent. The proposal was also considered to be Integrated Development in relation to requirements for a Bush Fire Safety Authority under section 100B of the Rural Fires Act 1997. The application was referred to the Rural Fire Service (RFS), who have granted a Bush Fire Safety Authority with no specific conditions.

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The development application was referred to the Roads and Traffic Authority for comment. The RTA raised no objection to the proposal and noted that the proposed subdivision will have minimal impacts on the intersection of River Road and New England Highway, and that the intersection will adequately cater for traffic generated. Section 79C(1)(e) the public interest The proposed development is not considered to be inconsistent with the public interest.



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


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accordance with the approved plan submitted with the application, and any amendments to those plans arising through conditions to this consent, and the recommendations and conclusions of the following:

• Geotechnical and Salinity Assessment by Coffey dated 6 September 2004.

• Geotechnical Urban Land Capability Assessment by Coffey dated 1 August 2003.

• Aboriginal Archaeological Assessment by Mary Dallas Consulting dated August 2003.





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 $ 67250.00 2. Recreation & Open Space $ 26150.00 3. Cycleway $ 6150.00 4.. Urban Roads $ 2600.00 5. Administration $ 7500.00 6. West Sector - Recreation & Open Space $ 29300.00

TOTAL $138950.00

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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.


Council for endorsement by the Council with the Subdivision Certificate.

4 A final survey plan endorsement fee shall be paid to Council prior to the release of the plan (currently $660.00).

5 House numbers for all proposed lots will be allocated by Council when the final plan of survey has been endorsed.

6 A House Numbering Fee (currently $10 per dwelling house number) shall be paid to Council prior to release of the final survey plan.



7 Two (2) copies of a Geotechnical report as to the site

classification(s), in accordance with the procedures established in Australian Standard AS2870-1996, Section 2 is to be submitted to Council. A copy of such report is to be also made available to each individual land purchaser.

8 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.


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11 Water and sewerage facilities are to be provided to each allotment within the proposed subdivision.

12 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.

13 The submission of documentary evidence from Energy Australia that satisfactory arrangements have been made for:- i) The provision of easements in favour of Energy Australia

over private land for existing and proposed power lines and where the development requires the relocation of power lines or other assets of Energy Australia; AND

ii) The provision of a grid based (underground/overhead) electricity supply to each of the resultant lots of the subdivision.

14 The submission of documentary evidence form an appropriate telecommunications company that satisfactory arrangements have been made for the provision of telecommunications mains such that each lot has ready access for domestic services connection.

15 Consultation with and compliance with the requirements of the Hunter Water Corporation. A Compliance Certificate from the Hunter Water Corporation shall be submitted to Council prior to issue of the Construction Certificate. Application for the Compliance Certificate shall be made direct to the Hunter Water Corporation.

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EFFLUENT DISPOSAL Reason: The objectives of the following condition is to provide for a safe and healthy

environment for the occupants of the allotment and to maintain an adequate level of safety, cleanliness and environmental protection for the local environment.

16 A restriction on the use of all allotments within the proposed

subdivision is required under Section 88b of the Conveyancing Act on the final survey plan, so as not to permit any effluent disposal systems or areas within 40 metres of the centre line of the natural watercourse. The restriction on the title must also state that on site effluent disposal systems shall be of a nitrogen reducing design to achieve final wastewater quality that satisfies relevant Council and government guidelines.

Evidence of the above restrictions are to be provided to Council prior to release of the final plan of survey.



17 All building refuse on this building site shall be stored in such a

manner so as not to cause a nuisance to adjoining properties.


19 The site is to be cleared of all building refuse and spoil immediately after completion of the building/structure.



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22 A Revised Landscape Plan consistent with the approved

subdivision layout is to be prepared and submitted for approval prior to the issue of the final survey plan. This plan is to indicate the location of all paved and landscaped areas, type of species to be planted, and is to state the mature height and spread of all proposed trees, shrubs and ground covers. The plan must also detail fencing types and materials, with particular attention to the sensitive areas within the 7(b) Environmental Protection Buffer zone.

23 The landscaped area of the development is to be maintained at all times in accordance with the approved Landscape Plans.

24 In order to minimise potential impacts on the environment, all allotments adjoining the natural watercourse are to be suitably fenced a minimum of 10 metres from the centreline of the watercourse in accordance with the required Revised Landscape Plan. The installation of such fencing is to have minimal disturbance to the watercourse and the integrity of the 7(b) Environmental Protection Buffer zone. Full details of all site fencing are to be submitted in conjunction with the application for a subdivision certificate.

ROADS / TRAFFIC / ACCESS Reason: The following condition(s) have been applied to:

i) ensure that the surrounding roads and footways and proposed access points are designed and constructed to a standard that adequately and safely services the proposed development.

ii) draw to the attention of the applicant and owner their responsibilities to comply with various provisions of the Environmental Planning and Assessment Act; Regulations & Local Policies relating to construction works.

25 The proposed roads within the subdivision, and River Road

extension, shall be provided in accordance with Council’s Manual of Engineering Standards and Standard Drawing SD003. Alternatively, kerb and gutter on a 6.5m wide alignment, with an asphaltic concrete wearing surface, may be provided.

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26 The proposed road reserves shall be a minimum of 20 metres wide.

27 The proposed junction of River Road and Lerra Road shall be

constructed as a type ‘A’ intersection in accordance with Council’s standard drawing SD044, with River Road (north), as the minor leg, “squared” to Lerra Road.

28 Kerb returns, with roll-kerb and gutter, shall be provided at each

road intersection. 29 A lockable barrier shall be placed at the road junction with Beacon

Hill Road to prevent vehicular access to the south. 30 A concrete or bitumen sealed vehicle access shall be provided

from the road pavement to the property boundary for each lot, and in accordance with Council’s Standard Drawing SD010 where stormwater pipes are necessary.

31 The proposed “access-handles” servicing lots 11, 12, 15 & 16

shall be constructed in reinforced concrete in accordance with Council’s Standard Drawing SD014.

32 Prior to issue of the Construction Certificate for road, access and

drainage works, an engineering design shall be prepared, in accordance with Council's Manual of Engineering Standards, for approval.


drainage works, an application for new street names shall be lodged with Council. The application shall be supported with justification for the proposed names.

34 Prior to issue of the Subdivision Certificate, all works required by

this consent shall be carried out in accordance with the Construction Certificate and Council's Manual of Engineering Standards.

35 Public utility services shall be provided in accordance with the

requirements of the relevant authority. Power supply shall be underground. Street lighting is not permitted.

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36 Access to the site from the New England Highway for

construction purposes, shall be restricted to River Road only. STORMWATER DRAINAGE, FLOODING, and EROSION & SEDIMENT CONTROL Reason: The following condition(s) have been applied to ensure that:


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



drainage works, full details of stormwater requirements, based on the drainage report submitted with the application, shall be prepared, for approval, in accordance with the consent, and in accordance with Council’s Manual of Engineering Standards.

38 The road and drainage system servicing lots 10 to 18 shall provide

safe vehicular access during all storms, up to the 1% AEP event. 39 Subject to the drainage design, where direct discharge onto an

adjoining property occurs, an easement for drainage shall be created over that property for a minimum distance of 20 metres, or to the nearest body of water, whichever is the lesser distance. Where necessary, a copy of the property owner’s consent shall be submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate.

40 Stormwater drainage conduits conveying discharge from public roads through any lot(s), shall be cover by a easements 3.0m (min) wide.

41 Stormwater detention/retention shall be provided to reduce post-

developed discharges to pre-developed discharges, for the critical storm up to and including the 1% AEP (“100 year”) event, in accordance with “Australian Rainfall & Runoff”. Full details, including elements of Water Sensitive Urban Design principles shall be included with the engineering plans for the Construction Certificate.

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42 Lots that are subject to flooding shall have a Restriction as to User place on the title of each affected lot under Section 88B of the Conveyancing Act, to give effect to floor levels of dwellings being 500mm above the 1% AEP flood event level, or as determined by Council. Each affected lot shall have a nominated Reduced Level (AHD)

43 The site and its surrounding environs shall be protected from the effects of erosion (as water and wind borne particles) and off-site “vehicle tracking”, by the application of adequate controls. Details in accordance with Council’s “Manual of engineering Standards” and the Landcom/ Dept.of Housing manual, “Managing Urban Stormwater” shall be shown on an Erosion & Sediment Control Plan (ESCP) and submitted for approval as part of the Construction Certificate. All necessary site controls shall be placed and maintained during works. Construction works shall not proceed when it is deemed by the Principle Certifying Authority that controls are inadequate.

INTEGRATED DEVELOPMENT PROVISIONS Reason: The following general terms of approval are applied in accordance with the

Integrated Development Provisions of the Environmental Planning & Assessment Act, 1979.

44 Compliance with the requirements of the NSW Department of

Infrastructure, Planning & Natural Resources, pursuant to Part 3A of the Rivers Foreshores and Improvement Act 1948, included as Appendix A to this consent and dated 20 October 2004.

The Subdivision Certificate will not be issued until Council is provided with documentary evidence that the Department of Infrastructure, Planning and natural Resources has granted a permit under part 3A of the Rivers and Foreshores Improvement Act, 1948.

POTENTIAL ARCHAEOLOGICAL DEPOSIT Reason: The following condition(s) have been applied to confirm and clarify the terms of

Council’s Approval, and to protect a potential archaeological deposit. 45 A restriction on the use of proposed Lot 15 is required in order to

protect the identified Potential Archaeological Deposit (PAD). In this regard the location of the PAD as identified in the Aboriginal Archaeological Assessment prepared by Mary Dallas dated August 2003 is to be clearly shown on the final survey plan, and a suitably worded Restriction as to User notation included on the title in an 88b Instrument under the Conveyancing Act, preventing any disturbance or development to the PAD area.

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ADVICES LSL levy 46 In accordance with the EP&A Act, (sec.109F) payment of the

building industry Long Service Leave levy, where applicable, must be paid prior to issue of the Construction Certificate.

PCA inspections of civil (subdivision) works 47 In accordance with Council’s planning provisions, Council as the

appointed Principle Certifying Authority (PCA), will conduct “critical stage inspections” during construction. The appropriate fee must be paid to Council prior to commencement of construction.

Manual of Engineering Standards

48 You are advised that, consideration should be given to the documents, “Subdivisions” (being DCP 33) and the associated “Manual of Engineering Standards”, when preparing engineering plans for a construction certificate.

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Officers Reports

04/2505 Subdivision of 1 Lot into 51 Lots 94 River Road, Windella. Recommendation: Approval

Locality Plan


Attachment No : 1

Number of Pages : 1

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Officers Reports


Subdivision Plan


Attachment No : 2

Number of Pages : 1

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Officers Reports


DIPNR’s General Terms of Approval


Attachment No : 3

Number of Pages : 5

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Officers Reports


Submissions


Attachment No : 4

Number of Pages : 47

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DA 02-2554 DETERMINATION OF EXISTING UNAUTHORISED STABLES LOTS 14, 13 AND 12 DP 9990947 27, 25 AND 23 WALLACE STREET, SOUTH MAITLAND(Cont.)

9.2.10 DA 02-2554 DETERMINATION OF EXISTING UNAUTHORISED STABLES LOTS 14, 13 AND 12 DP 9990947 27, 25 AND 23 WALLACE STREET, SOUTH MAITLAND

File No: 02-2554

Attachments (3): Locality Plan Submissions Approval/Refusal History of Locality

Responsible Officer: David Simm Manager Development & Environment

Author: Rebecca Moroney Town Planner

EXECUTIVE SUMMARY Development consent is sought from Council for Approval for Stables to Replace Existing Unauthorised Stables at Lots 14, 13 and 12 DP 999047, 27, 25 & 23 Wallace Street, South Maitland. The subject land is zoned 2(b) Flood Liable Residential under Maitland Local Environmental Plan, 1993. Animal Establishment is a permissible form of development in the 2(b) Flood Liable Residential Zone with Council consent however, the proposal is inconsistent with the objectives of the zone. A report was submitted to Council on 16 November 2004 recommending refusal of the proposed development. Council resolved to defer the matter until a site meeting was undertaken to enable the Councillors to familiarise themselves with the site prior to determination of the application.

OFFICER'S RECOMMENDATION THAT: DA 02-2554 for stables to replace existing unauthorised stables at Lots 14, 13 & 12 DP 999047, 27, 25 & 23 Wallace Street, South Maitland be refused for the following reasons:

1. The proposed development is inconsistent with the aims and objectives of the Maitland Local Environmental Plan, 1993 (section 79C(1)(a)(i)) relative to the adverse environmental impacts that are likely to result from the proposed development.

2. The proposed development is inconsistent with the objectives and requirements of Development Control Plan No. 8 – Central Maitland (section 79C(1)(a)(iii) having regard to qualifications for horse keeping establishments and loss of amenity.

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3. The proposed development is inconsistent with section 79C(1)(b) of the Environmental Planning and Assessment Act, 1979, relative to context and setting, air and microclimate, noise and vibration.

4. The proposed development is not suitable having regard to the constraints of the subject site (section 79C(1)(c)).

5. The proposed development is inconsistent with Council’s Local Orders Policy For The Keeping of Animals.

REPORT

INTRODUCTION Council is in receipt of a development application to formally approve existing unauthorised horse stables at 27, 25 & 23 Wallace Street, South Maitland through the construction of new replacement stables. Several objections relating to offensive noise and odour have been lodged with Council from surrounding residences, prompting an investigation into the legality of the stables. It was determined that the stables are unauthorised structures, requiring the consent of Council. The proponent has lodged a development application with Council seeking to formalise the existing arrangement through the construction of new stables.

BACKGROUND Development Application 02-2554 was lodged with Council on 19 July 2002 following consultation with Council Officers regarding complaints received by Council for the operation of the premises as a horse training facility. Council advised the applicant on 10 June 2003 that a retrospective approval for structures that did not comply with the Building Code of Australia and was inconsistent with Council’s Local Orders Policy For The Keeping of Animals could not be granted and that further details were required. The applicant asked that Council hold the application in abeyance until such time that the future of Trotting at Maitland Racecourse were known. The applicant advised Council in September 2004 that he wished to proceed with the application and provided a plan for new stables to be constructed at the premises, to replace the existing unauthorised stables. This plan is deficient in detail and does not address previous issues raised.

PROPOSAL It is proposed to replace four existing, unauthorised horse stables. The subject property is used as a residence and for the keeping and training of four horses. The total land holdings have an approximate total area of 1501.4m2. The areas not utilised by the dwelling, sheds or stables are used as “walk out yards” for the horses.

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ON-SITE MEETING A site inspection for interested Councillors was conducted on 24 November 2004. The key issue raised was:- • The proximity and number of other horse stables in the locality. Comment Council records indicate a total of 9 approved horse stable applications in South Maitland as follows:

DA # # Stables Address Zone Site Area LD 01-

677 2 Stables 6 Blomfield St, South

Maitland 2(b) 1399.1m2

LD 99-2340

4 Stables Les Darcy Dr, South Maitland

1(a) 7692m2

BA 92-352

5 Gipps St, South Maitland

2(b) 2738m2

CA1 98-798

4 Stables 60 Louth Park Rd, South Maitland

2(b) 3288.1m2

24/64 Horse Stables &

Yards

51-57 Sparke St, South Maitland

2(b) >3000m2

43/74 Horse Stables &

Feed Room

51-57 Sparke St, South Maitland

2(b) >3000m2

263/81 4 Stables 119 Louth Park Road, South Maitland

1(a) 1214m2

143/84 Stables & Yards

51 Anzac Street, South Maitland

1(a) 1480m2

141/79 Stable Complex

89 Louth Park Road, South Maitland

1(a) 8094m2

An application (DA 90/207) for horse stables directly adjacent to the subject property at Lots 15, 16 & 17 DP 2608, 26 Wallace Street, South Maitland was refused by Council on 12 February 1991. The property at 26 Wallace Street has a total site area of 1308.9m2. The subject site has a total site area of 1501.4m2. Other stable applications have been refused at Louth Park Road (224/92) and Anzac Street (158/80), South Maitland. Attachment 3 provides a clear picture of approval/refusal history of stables in the locality, and clearly demonstrates the planning rationale in restricting stables to less urban areas throughout the locality.


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Local Environmental Plan The subject land is zoned 2(b) Flood Liable Residential under Maitland Local Environmental Plan 1993. The proposed development is defined under the LEP as “Animal Establishment” which is a permissible land use in the 2(b) zone with Council consent. There is a reasonable expectation of residents in the 2(b) Flood Liable Residential zone that, whilst an “Animal Establishment” is permissible in the zone, a suitable level of residential amenity would be maintained. The proposed development would significantly reduce residential amenity.

Regional Environmental Plan Not Relevant

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 Development Control Plan No. 8 – Central Maitland The DCP states that when making a development application, a Statement, which adequately addresses a number of planning principles, is to be provided. These principles include the following:

e) Applications for development on land below the flood standard should be accompanied by information describing the intended method of evacuation or removal of people, goods, material, plant equipment or livestock, in the event of a flood.

Clause 4(4.4)(3) of the DCP relates specifically to horse training enterprises and states that:

d) the site must be large enough to accommodate a minimum number of eight (8) horses (this is considered a viable operation), the rural dwelling and associated storage areas;

e) the dwelling and stables shall be located on the same land parcel; f) the development will not by its nature interfere with the amenity of the

locality; h) appropriate flood proofing and flood protection measures must be

incorporated into the development; and i) an evacuation plan for the relocation of the horses in times of flooding

must be submitted to Council.

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The development application fails to address these requirements. Furthermore, the proposed development has an unacceptable impact on the residential amenity of the locality in terms of noise, odour and vermin. No evacuation details regarding the relocation of horses in times of floods have been submitted to Council. Development Control Plan No. 29 – Hunter River Floodplain Management As identified above, the subject property is affected by the 1:100 year Flood Event and is therefore subject to the provisions of Development Control Plan No. 29 (DCP 29). The objectives of DCP 29 that are relevant to the proposed development are:

a) to alert the community of Council’s policy in relation to the development and use of flood liable land;

b) to minimise the public and private costs of flood damage; c) to minimise the risk of life during floods by encouraging construction

and development which is “flood proofed” and compatible with the flood risk of the area;

d) to ensure that any new development incorporates flood precaution and protection measures;

The proposed development fails to adequately demonstrate compliance with these objectives however, it is possible to meet these requirements. 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 Noise The stables are located in close proximity to adjoining dwellings. Large transport vehicles arrive at the premises after midnight and unload the horses (from race meetings). The horses regularly kick the corrugated iron walls and fencing. This activity also results in the two dogs present on the property barking. Odour The holding yards are located in close proximity to the bedrooms of adjoining dwellings (approximately 2 metres) and are poorly drained due to the compacted earth from the concentration of activity. This, combined with the regular odours associated with stables results in a significant reduction in amenity to adjoining properties from the odour. Section 79C(1)(c) the suitability of the site for the development The subject property contains three small residential parcels of land that are surrounded by small residential parcels of land. All dwellings in this locality are in close proximity to each other. The site is not suitable to be used for the proposed development as it will result in a significant loss of amenity for adjoining residents and other detrimental impacts such as noise and odour.

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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 7 August 2002 to 22 August 2002. As a result of the notification process, a total of 3 submissions were received and are provided as Attachment “B” to this report. The main issues raised by the objectors are summarised below and comment provided:

The stables and training facility have resulted in an increase in unacceptable noise levels as horses are unloaded from races after midnight. The horses often kick the corrugated iron walls and fence resulting in loud “shotgun-like” noises at all hours of the night. The dogs on the property bark constantly at the horses and all the related activity.

Planner's Comment As demonstrated, the proposed development will result in an unacceptable noise impact within a residential locality, resulting in a loss of amenity to adjoining residents.

There has been a notable increase in smell, flies and rodents. After only a small amount of rain the smell is almost unbearable and the fly population has increased tenfold. The storage of horse feed and manure attracts rodents and a notable increase in mice and rats has occurred.

Planner's Comment The soils within the holding yards have become compacted from the concentrated activity. Consequently, these soils have poor infiltration capacity during rain and tend to become boggy and hold pools of water. This, combined with the storage of manure and feed creates an ideal environment for pests and vermin to breed in.

The holding yards are located less than 2 metres from bedroom dwellings. The odours associated with these stables and yards cause considerable discomfort when trying to sleep.

Planner's Comment The odours associated with horse stables and enclosures are not considered suitable in a residential environment.

Horses are walked or ridden (by trotting rig) along the street several times a day and there are several large transport vehicle movements each week, disrupting the traffic flow.

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Planner’s Comment

Wallace Street is a narrow carriageway and is easily congested and difficult to negotiate. The additional hazards of large transport vehicles loading and unloading horses, and horses and trotting rigs occupying the road are not supported.

Submissions from public authorities Not Relevant Section 79C(1)(e) the public interest The proposed development is inconsistent with the public interest. Numerous community organisations such as the RSPCA have issued policy statements condemning the confining of animals such as horses to small areas.


POLICY IMPLICATIONS The proposal is inconsistent with Councils Local Orders Policy For The Keeping Of Animals. Table 7 of this Policy requires no more than 1 horse per ½ hectare of pastureland with a 9-metre separation between any animal enclosure or yard to the nearest dwelling. Furthermore, this Policy advises that the keeping of horses on residential properties is not considered appropriate.

STATUTORY IMPLICATIONS Statutory implications relating to assessment of the subject application have been addressed in the body of the report. Should Council refuse the proposed development, the normal process of Council issuing of Orders under the Environmental Planning and Assessment Act, to remove the existing stables would occur.

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 not considered acceptable in terms of the relevant matters for consideration under the Act and it is recommended that the development application be refused.

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Request for assistance with Drainage Issues in Collinson Street, Tenambit (Cont.)

9.2.11 REQUEST FOR ASSISTANCE WITH DRAINAGE ISSUES IN COLLINSON STREET, TENAMBIT

File No: 04-177

Attachments: Drainage Issues in Collinson Street, Tenambit Development Control Map

Responsible Officer: David Simm Manager - Development & Environment

Author: Rebecca Moroney Senior Town Planner

EXECUTIVE SUMMARY Council is in receipt of a Development Application at 99 & 101 Collinson Street, Tenambit for a Medium Density Development. The subject land is affected by recent changes to Development Control Plan No. 27 – Tenambit. These changes include the requirement for a 3 metre wide Stormwater Easement and Overland Flowpath to be constructed between Lavinia Close and Pont Close, at the rear of the subject property. Clause 21(d) of the DCP recognises this requirement will constrain development of the locality, in that development must proceed from Pont Close. The applicant is seeking to overcome this development delay through contributing to the cost of works required to construct the drainage infrastructure from Pont Close to the rear of 99 Collinson Street, Tenambit.


1. Council agree, in principle, to the proposed arrangement regarding construction of drainage.

2. Council prepare the detailed design and co-ordinate landowner consultation in relation to the construction of the drainage line.

REPORT

BACKGROUND A Development Application for eight detached three-bedroom units was lodged with Council on 19 January 2004. Several issues regarding the proposed development were raised during the assessment of the application.

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A critical issue regarding the proposed development relates to the treatment and disposal of stormwater from the proposal. In working through these issues it was identified that historically, single dwelling houses in this locality directed stormwater to the existing “non-formal” drainage reserve running along the rear of the properties however, there was a need to formalise this arrangement as development densities increase in the locality. This process resulted in the recent adoption of the revised Development Control Plan No. 27 – Tenambit, requiring a three metre wide Stormwater Easement and Overland Flowpath to be constructed between Lavinia Close and Pont Close, at the rear of the subject property (Attachment 1). It is recognised, that in meeting this requirement, development would be temporally constrained to occur from Pont Close. The applicant has formally advised that they will contribute to the costs associated with constructing an easement from Pont Close to the proposed development (Attachment 2). Specifically, the applicant is willing to meet the contracted construction costs of the stormwater pipe for a distance of approximately 110 metres, being the eastern half of the pipeline. It is expected that Council will undertake the design of the stormwater infrastructure and obtain any necessary easements from landowners affected. Council is advised that several design issues associated with the proposed development are yet to be resolved, and that agreement to this stormwater proposal in no way construes agreement to DA 04-177 in it’s current design form. However resolution of the drainage line is considered a fundamental prerequisite to the applicant, prior to further discussion being undertaken on detailed design issues. It should be noted that construction of the drainage line is a “low priority” in an overall city wide context. However, funded by developer contributions, it is appropriate that Council prepare the detailed design and co-ordinate discussions with affected landowners.

FINANCIAL IMPLICATIONS A preliminary estimate for the total works has been prepared indicating a cost of $75,000. The contribution for the section to be constructed by the applicant is approximately $35,000.

POLICY IMPLICATIONS The construction of the stormwater drainage infrastructure is not listed on any of Council’s works programs and is not considered to be a priority in a city wide context. However, it is on the basis of the applicant’s proposal to contribute to the costs of the works that it is considered appropriate for Council to exercise it’s delegations under the Local Government Act and co-ordinate and design the drainage infrastructure in this locality Council’s involvement in providing stormwater drainage infrastructure in this location will achieve the construction of the initial section of the stormwater

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drainage line as identified in DCP 27 – Tenambit, and will assist in the orderly and rational development of residential land in the locality.


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Officers Reports

Request for Assistance with Drainage Issues in Collinson Street,

Tenambit

Drainage Issues in Collinson Street, Tenambit


Attachment No : 1

Number of Pages : 1

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Officers Reports

Request for Assistance with Drainage Issues in Collinson Street,

Tenambit

Development Control Map


Attachment No : 2

Number of Pages : 1

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Tidy Towns Program 2004 (Cont.)

9.2.12 TIDY TOWNS PROGRAM 2004

File No: 83/3


Author: Juliet Kauter Environmental Health Officer

EXECUTIVE SUMMARY This report provides feedback on Council’s participation in the 2004 Keep Australia Beautiful Tidy Towns program and details of the awards Maitland received at the awards weekend in Broken Hill on the 15th, 16th and 17th of October.

OFFICER'S RECOMMENDATION THAT Council:

1. Congratulate all Tidy Towns groups for their efforts and dedication to the 2004 Tidy Towns Program in the form of a certificate;

2. Continue to participate, support and encourage new and existing projects in future years;

3. Accept the award plaque for Queens Wharf Morpeth for display on one of the interpretive posts at Queens Wharf Morpeth or at the Visitors Centre; and

4. Accept the award plaque for Maitland Transvaal Project for display at the Sub Branch of Maitland RSL Bulwer Street Maitland or at the Visitors Centre.

REPORT Council supported a total of eight entries in the 2004 program from Walka Water Works, Metford Public School, Bolwarra Public School, Wallis Creek Community Group, and Council’s Heritage Committee. Maitland was represented at the Tidy Towns Awards weekend held in Broken Hill on the 15th, 16th and 17th of October 2004 by representatives of Maitland Council and community group members from Walka Water Works, Wallis Creek Community Group and Metford Public School. Maitland Council and the Heritage Committee received the Cultural Heritage Conservation Award for population Category B (population of 351- 1200) for the Queens Wharf Precinct Project. This project aimed to regenerate and encourage people to visit the Queens Wharf precinct given that the existing

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Tidy Towns Program 2004 (Cont.)

appearance of the precinct as a grassed parkland did not reflect its former function as a thriving port community. Maitland Council and the Maitland RSL Sub Branch received a Highly Commended Award in the Cultural Heritage Conservation Category for Population Category F (population of 25000+) for the Maitland Transvaal Memorial Project. This project involved the completion of detailed investigations into Transvaal Avenue in Maitland Park and the preparation of a conservation management plan to assist in the reinstatement of the Avenue. The plan identified a reinstatement program and set out suitable management policies for its ongoing care. New plantings were then undertaken in accordance with stage one of the plan with 25 advanced trees reinstated. On site interpretive signage was also designed explaining the significance of the Avenue. The Overall NSW State Award went to Gulargambone a community of 500 people, situated 115 kilometres north of Dubbo in the Coonamble Local Government Area. Gulargambone will host the 2005 Tidy Towns Awards Weekend.




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Maitland Rugby Football Club Proposal (Cont.)

9.2.13 MAITLAND RUGBY FOOTBALL CLUB PROPOSAL

File No: 10/5

Attachments: Correspondence from Maitland Rugby Football Club

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Judy Jaeger Manager Community & Recreation

EXECUTIVE SUMMARY This report presents to Council a proposal from the Maitland Rugby Football Club to undertake major refurbishment works to improve the facility at Marcellin Park.


1. Council allocate $40,000 to sewerage system improvement works at Marcellin Park, as an addition to the 2004/2005 management plan and budget.

2. Council defer consideration of the request to allocate mowing equipment and staff until the Recreation Facilities Review is completed.

REPORT Background Maitland Rugby Football Club was formed in 1887 and is one of the oldest clubs in Australia. The club has a long and distinguished history within the Maitland local government area and has used the Marcellin Park venue since 1995. The club currently possess a 60 year lease but are negotiating for a 99 year lease period. The club has funded and conducted major works at Marcellin Park to improve the facility, which is recognised as the premier facility for rugby within the Hunter. The club are undertaking a major project to improve the change rooms and dressing shed within the grounds. The cost of construction has been estimated between $900,000 and $1million and the club has raised over $500,000.

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Maitland Rugby Football Club is requesting financial assistance from Maitland City Council toward this capital project. The club are requesting that Council considers funding the upgrade of the sewerage system from the current standard septic arrangement to a Hunter Water Corporation approved method of pumping the wast to a connection point on Belmore Road. Hunter Water Corporation has estimated a cost of approximately $30,000 for this disposal system in addition to their capital charges of $9413.00. An approach was made to Hunter Water Corporation to waiver the charges but the clubs request was declined. The cost of $40,000 to upgrade the sewerage system is a significant cost within the scope of the construction and the club is requesting that this component be funded from Council. The club has also requested that Council consider allocating mowing equipment and staff for three (3) hours per week to mow the playing surfaces only of Marcellin Park. The club currently has to maintain suitable equipment with a high proportion of the budget used for maintenance and volunteer labour would be utilised elsewhere. The club would continue to mow all other areas within the park with a slasher. Unfortunately, the allocation of Council staff cannot be accommodated within existing staffing levels given the number of fields and open space currently maintained by Council. Furthermore, Council is unable to ‘lend’ equipment to groups as it is outside Council policy and potentially raises significant occupational health & safety issues. Currently, a number of recreation board members and sporting associations undertake ground maintenance work and improvements on Council owned facilities. The Recreation Facilities Review that is currently underway will be identifying this volunteer component. Notwithstanding this, the above request from Maitland Rugby Football Club should be considered as part of the overall Recreation Facilities Review and not in isolation. Therefore, it is recommended that Council consider the request to allocate mowing equipment and staff at the completion of the Recreation Facilities Review to ensure consistency and equity across all user groups. Maitland Rugby Football Club have put a comprehensive proposal to Council which includes background information, membership statistics, usage statistics, capital expenditure on the facility, letter from Hunter Water Service, quotations and plans for the capital improvement works. The club’s approach has been very positive, open and thorough ensuring that Council has all the information to make an informed decision. The proposed building would provide significant improvements to a premier facility within the local government area that would not only benefit rugby union but the community as a whole.

FINANCIAL IMPLICATIONS If approved, an additional allocation of $40,000 would be required to the 2004/2005 budget.

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POLICY IMPLICATIONS There are no policy implications associated with this report.

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

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Officers Reports

Maitland Rugby Football Club Proposal

Correspondence from Maitland Rugby Football Club


Attachment No : 1

Number of Pages : 19

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Proposed Amendment to Maitland LEP 1993 - Rezoning of Council owned land along Maitland Riverbank (Cont.)

9.2.14 PROPOSED AMENDMENT TO MAITLAND LEP 1993 - REZONING OF LAND ALONG MAITLAND RIVERBANK

File No: RZ01011

Attachments: Draft Amendment No.76 - Maitland Riverbank

Responsible Officer: Leanne Harris Manager Strategic Services

Author: Debbie Gordon Strategic Planner

EXECUTIVE SUMMARY Council resolved at their meeting of 24 July 2001 to prepare and exhibit a draft Local Environmental Plan (LEP) to rezone land along Maitland Riverbank from General Business 3(a) to Public Recreation 6(a). All privately owned land has since been acquired by Council to facilitate and encourage the development of a public open space precinct along the river. Works are currently underway for the revitalisation of the riverbank in accordance with the City Strategy and Masterplan. Draft LEP Amendment No.76 was prepared and exhibited in accordance with Council’s resolution. No submissions were received during the public exhibition period. This report recommends that the draft LEP be referred to the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration) to make the Plan.

OFFICER'S RECOMMENDATION THAT In accordance with Section 69 of the Environmental Planning and Assessment Act 1979, the draft Local Environmental Plan be referred to the Department of Infrastructure, Planning, and Natural Resources with a request that the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration) make the Plan.

REPORT The subject land forms part of the Hunter River bank and levee from Cathedral Street to the Belmore Bridge, Maitland. The properties are identified in the draft LEP map provided in Attachment 1, shown by heavy black edging.

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The land is owned by either Council or the Crown (as managed by the Department of Lands). Council has recently acquired all privately owned land in this location. Ownership of the land was considered to give Council greater opportunities and certainty for capital investments along the riverbank.

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There are significant limitations on the use of the land due to the potential for flooding and flood hazards. A recreational land zoning is more appropriate than the current commercial zoning that exists, and reflects the potential for the land to be revitalised for use for public recreational pursuits. Levee reconstruction works including a retaining wall component (crib wall) has been undertaken by the Department of Land and Water Conservation, and the construction of a cycleway has already been completed. Additional works are proposed in conjunction with Council’s Central Maitland Improvement Plan and the Heritage Mall Masterplan, including viewing and seating areas, a pedestrian path, viewing links through from the mall, and interpretative signage. The potential for the development of outside eateries/cafes fronting the riverbank and dual frontages for shopfronts also exists to encourage patronage to the area. Consultation The draft LEP was placed on public exhibition from 1 November through until 29 November 2004. No submissions were received during this exhibition period. The majority of affected landowners were aware of the proposal through the extensive consultation phase that was undertaken with the compulsory acquisition of the lands. The proposal was also referred to relevant public authorities. Three submissions were received, with their comments on the draft plan as follows:

• Hunter – Central Rivers Catchment Management Authority No objections to the proposal.

• Department of Environment and Conservation No comments or objections to the proposal.

• Department of Lands An Aboriginal Land Claim embraces the area. The Department of

Lands considers that the Claim is invalid and that the lands can be dealt with. The referral to the Department included a request to include the adjoining Crown land down to the riverbank in Council’s draft Plan of Management for the site. Subject to the land being formally vested in Council, the Department had no objections to the proposal.

FINANCIAL IMPLICATIONS There are no financial implications in this instance. Council has incurred costs in the initial acquisition of the private lands and in the revitalisation works currently underway along the riverbank.

POLICY IMPLICATIONS There are no direct policy implications in this instance.

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STATUTORY IMPLICATIONS The Local Environmental Plan has been prepared and exhibited in accordance with the provisions of the Environmental Planning and Assessment Act 1979. Upon gazettal, the Plan will have the effect of changing the zoning of the relevant lands to Public Recreation 6(a) under Council’s LEP 1993.

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Officers Reports

Proposed Amendment to Maitland LEP 1993 - Rezoning of Council

owned land along Maitland Riverbank

Draft Amendment No.76 - Maitland Riverbank


Attachment No : 1

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Number of Pages : 1

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Aberglasslyn Investigation Area (Cont.)

9.2.15 ABERGLASSLYN INVESTIGATION AREA - PROPOSED MASTERPLAN AND REZONING OF LAND AT ABERGLASSLYN

File No: 103/113, RZ04-014 & RZ04-015

Attachments: (1) Locality Plan

Under Separate Cover: Draft Aberglasslyn Master Plan

Responsible Officer: Brad Everett Group Manager Service Planning and Regulation

Author: Bo Moshage Town Planner

EXECUTIVE SUMMARY A draft Masterplan has been prepared for the Aberglasslyn Residential Investigation Area. Two (2) rezoning proposals have been prepared and submitted in response to investigations into the suitability of the land for development, including an assessment of the impact of development and a detailed study of the site’s capacity for development. Investigations of land at Aberglasslyn are consistent with Council’s Urban Settlement Strategy, which identifies the subject land as a Category 1 Investigation Area for residential development. This report recommends that Council resolve to exhibit the draft Aberglasslyn Masterplan and prepare a draft local environmental plan (DLEP) to rezone land in the Aberglasslyn Investigation Area. The preparation of the draft LEP does not pre-empt the success or otherwise of the draft Masterplan. A resolution to prepare a DLEP will initiate the formal requirements for Council to consult with statutory authorities, under the provisions of the Environmental Planning and Assessment Act 1979. . It is recommended that Council resolve to publicly exhibit the draft Masterplan for a minimum period of eight (8) weeks, including displays at Council’s Administration Building, the Maitland and Rutherford libraries and Council’s web site. A further report will be submitted to Council following the exhibition period, detailing issues raised during exhibition and any necessary changes to the draft Masterplan. This report will also include provisions for an infrastructure contributions plan and Development Control Plan supporting development in this area.

OFFICER’S RECOMMENDATION THAT:

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1. Council resolve to exhibit the draft Aberglasslyn Masterplan and prepare a draft Local Environmental Plan to rezone land within the Category 1 Aberglasslyn Investigation Area as identified in Attachment 1;

2. The draft Aberglasslyn Masterplan be publicly exhibited for eight (8) weeks;

3. Council undertake preliminary consultation with relevant State Government agencies and other parties regarding the preparation of the Masterplan and draft local environmental plan for the Aberglasslyn Investigation Area;

4. A separate report be presented to Council following the public exhibition.

REPORT Planning consultants Andrews Neil and Parsons Brinckerhoff have been engaged by Woodbury Park Estate P/L and Stockland Development P/L to prepare a Masterplan and rezoning application for land identified in the Maitland Urban Settlement Strategy as Category 1 Residential Investigation Area at Aberglasslyn. The Investigation Area is located in close proximity to the developing urban areas of Rutherford and Aberglasslyn. It is generally bound by the North Coast Rail Line to the south and east, by the Hunter River to the north and Aberglasslyn Road to the west. A map of the Investigation Area is included as Attachment 1 to this report. Woodbury Park and Stockland Development are the two (2) main landowners of Category 1 land in the Aberglasslyn Investigation Area. They have worked in a supportive and cooperative manner in the preparation of the draft Masterplan to support their separate applications to rezone land for residential use. The investigation area and rezoning proposals comprise the following properties:- Woodbury Park Estates

• Lot 10 DP 1076455 • Lot 12 DP 530358 • Lot 2 DP 1067060 • Lot 1411 DP 717879 • Lot 1412 DP 717879 • Lot 22 DP 841959

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Stockland Development

• Lot 41 DP 611238 • Lot 11 DP 1042562 • Lot 81 DP 524028

The following allotments are included in the Investigation Area but are not owned by either Woodbury Park or Stockland Developments.

• Lot 1 DP 1067060 • Lot 11 DP 628606 • Lot 12 628606 • Lot 21 841958 • Lot 80 DP 524028 • Lot 9 DP 1076455

It is necessary that these properties are included in the Masterplan and rezoning area to facilitate orderly development in this area. To ensure that the Masterplan and rezoning process is transparent and accountable for all parties, including those who are not financially contributing to the preparation of the Masterplan and/or rezoning, Council intends to write to each of the above landowner. The draft Aberglasslyn Masterplan includes a graphic representation of development, identifying areas for residential development, recreation and open spaces. Recommendations regarding vegetation retention, connectivity of local road and road improvements within and outside of the study area and the provision of community facilities and the likely staging of utility services to the area are also included. The draft Masterplan shows potential residential land (which will incorporate a mix of allotment sizes) interconnected to areas of open space and major access routes. It is proposed that the entire rezoning area be zoned 2(a) Residential. The designation of land for open space and other non residential functions will subsequently be dealt with in a site specific clause in Maitland LEP. A DCP and appropriate Infrastructure Contributions Plan will also be developed based on these provisions. Council has been issued delegations from the Department of Infrastructure, Planning and Natural Resources to prepare and exhibit a DLEP for the Aberglasslyn Category 1 Investigation Area, as part of the delegations issued with the Maitland Urban Settlement Strategy. The purpose of this report to provide a formal mechanism to initiate consultation with various statutory authorities, to resolve any specific planning matters and to ensure that there are no unnecessary delays at later stages of the development process. The draft Masterplan map / rezoning proposal(s) are supported by written documents that detail the investigations and issues and justifies the recommendations for the study area. These have been prepared considering

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the best outcomes for the area given the known constraints of the site. A copy of the draft Masterplan and supporting documentation are included under separate cover for the information of Councillors with this report. KEY ISSUES The key issues that have been considered in the preliminary assessment include: Flooding Considerations - The boundaries of the Aberglasslyn Investigation Area have in large been determined by Council based on known flood constraints. In November 2004, Patterson Britton and Partners undertook a preliminary flood assessment for the Investigation Area based on topographical data obtained from photogrammetry and ground survey. They have produced a two dimensional flood model of this section of the Hunter River, which confirms the assumed extent of flooding in this area. Council intends to obtain an independent review the flood assessments during the consultation period, addressing the key criteria as outlined in NSW Floodplain Management Manual. Flora and Fauna - The Investigation Area has previously been cleared and consists of three (3) vegetation communities being remnant Lower Hunter Spotted Gum-Iron Bark Forest, pasture with scattered eucalyptus trees and maintained gardens. There is little emergence of regrowth due to the current agricultural use of the land. The Lower Hunter Spotted Gum-Iron Bark Forest community has been preliminary listed as an Endangered Ecological Community under the Threatened Species Conservation Act. Approximately 37 ha of this community was mapped over the study area in an open woodland structure, which represents three (3) % of that remaining within the Maitland LGA. It is proposed to conserve pockets of the Lower Hunter Spotted Gum-Iron Bark Forest in open space corridors and incorporate them within the landscaping design plans proposed for the site. Andrews Neil undertook an ecological assessment for Woodbury Park Estate in November 2004 and Wildthing Environmental Consultants for Stockland Development in August 2004. Although the Investigation Area offers potential habitat for a range of threatened species, only two (2) species of threatened bat were recorded during the site assessment (Eastern Bentwing Bat and Eastern Freetail Bat). A test of significance was undertaken for these species and those likely to be found on the site. The assessment concluded that subject to maximum retention of the Lower Hunter Spotted Gum-Iron Bark Forest community and hollow bearing trees, adoption of clearing protocols and maintenance of a local seed bank, the proposed development would not result in a significant effect on any threatened species, populations or ecological communities.

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Council will further consult with the Department of Environment and Conservation (DEC) on these matters. Planning in Bushfire Areas - Significant parts of the Investigation Area are identified as being Bushfire Prone Land - Vegetation Category 1 and 2. However, a Bushfire Hazard Assessment undertaken on the site by Homles Fire and Safety in November 2004 concluded that the surrounding vegetation can reasonably be classified as ‘managed’ and as a result is not considered to present a bushfire threat. Council will consult with the Rural Fire Service (RFS) on this matter. Water Management - The site drains towards the east to the Hunter River and the west to Oakhampton Swamp via a number of existing drainage lines. Preliminary Water Management/Erosion and Sediment Control Management Plan have been prepared in conjunction with the draft Aberglasslyn Masterplan and will be finalised in consultation with Council in the Development Control Plan for the site. The principal objective of stormwater management is to retain pre-development flows to downstream areas. The plan uses a number of existing dams in conjunction with introduced detention systems for stormwater and water quality management. This will ensure protection of catchment hydrology and water quality and consistency with the Hunter Catchment Blue Print. This water management approach will be discussed with the Department of Infrastructure, Planning and Natural Resources (DIPNR). Provision of Commercial / Community Facilities - The Investigation Area is on the edge of existing urban areas of Aberglasslyn and Rutherford. A review of the service needs in both the Investigation Area and existing adjoining areas will be undertaken by Council, in conjunction with the proponent, to determine the location, type and extent of facilities that may be required to support development in this area. Based on an average housing density of 12 dwellings per hectare, the land within the Category 1 rezoning area is expected to yield approximately 1250 dwellings. This equates to a community of approximately 3375 people at an occupancy rate of 2.7 people per household. An opportunity exists to provide a small local neighbourhood shopping centre on site to cater for the new and existing community. This may include the provision of a convenience store or a small supermarket with supporting specialty shops such as bakery and takeaway food shop. It is anticipated that the centre would have a maximum floor space of 2000m2 and be located to ensure greatest accessibility. It is also anticipated that higher residential densities could occur adjoining the proposed neighbourhood centre and specific locations adjoining open space corridors, increasing overall densities in the Investigation Area.

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Opportunities also exist for passive recreation facilities such as walking trails, bike tracks and picnic areas, which will be explored during the planning process in addition to the provision of suitable active open space in this area in accordance with the Maitland Recreation and Open Space Strategy. Provision of Utilities - Preliminary consultation with service providers has revealed that there are no major constraints impacting on the ability to provide adequate infrastructure and utility services to the study area. Further consultation will be undertaken throughout the planning process to coordinate installation of infrastructure and upgrade requirements. It is proposed to consult with all service providers as an outcome of the recommendation in this report. Aboriginal Heritage - Archaeological Risk Assessment Services and Mary Dallas Heritage Consultants undertook an archaeological assessment for the draft Masterplan. Five (5) isolated archaeological finds were recorded in the study area consisting of a small scatter of stone artefacts, which were assessed to be of low archaeological significance. Three (3) archaeologically sensitive areas were also identified, presenting opportunities for further archaeological assessment. Two (2) areas of potential archaeological deposits (PAD) are located in the northern part of the study area and the third in the south. These areas require further testing prior to further development to determine the presence or absence of archaeological deposits. Consultation with the Department of Environment and Conservation (DEC) and Aboriginal communities will be undertaken during the preparation of the DLEP and any recommendations / requirements conditioned as part of any future development application for subdivision. European Heritage - The site is located within the general vicinity of “Aberglasslyn House”, which is listed as a heritage item of state significance under the Maitland Local Environmental Plan 1993. Aberglasslyn House is also a listed item on the NSW State Heritage Register. The high heritage significance of Aberglasslyn House has implications for the management of its curtilage and immediate landscape setting. A number of measures have been developed and are included in the draft Masterplan to ensure the heritage significance, visual curtilage and view corridors of Aberglasslyn House are protected. These include the establishment of landscaped corridors and open space areas to screen proposed development and maintain the area’s rural setting. ‘Cultural Zones’ have also been proposed to ameliorate any adverse impacts, incorporating siting requirements for development envelopes, use of perimeter roads and introduction of larger lot sizes. Consultation with the NSW Heritage Office will be undertaken during the exhibition of the draft Masterplan and the preparation of the DLEP to determine the effectiveness of these development controls in managing the impacts of the proposed development on the heritage values of Aberglasslyn House.

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Amenity - It is anticipated that the proposed rezoning and subsequent development of the Category 1 Investigation Area will provide a transition between the traditional rural zoned land at Oakhampton and areas of closer urban settlement. Maintenance of significant view corridors, the curtilage of Aberglasslyn House, and provisions for open space areas along the Hunter River with the potential for rehabilitation and revegetation to occur are important measures in preserving the amenity of the area. These measure have been outlined in the draft Masterplan and will be incorporated into a Development Control Plan for the area. Traffic Issues - Access to the Investigation Area is via Aberglasslyn and Oakhampton Roads. Aberglasslyn Road provides direct access to the New England Highway, which is the main arterial road in the Region. Aberglasslyn Road and Denton Park Drive function as collector roads in this area providing links to the wider road network. Oakhampton Road functions as a local road with access to Central Maitland, but is currently constrained by an at-grade rail level crossing, is flood prone and has poor road geometry and alignment make it unsuitable for high traffic volumes. The draft Aberglasslyn Masterplan identifies new urban areas and supporting road hierarchy. This information and the preparation of a draft LEP will be used to inform the Roads and Traffic Authority (RTA) regarding local and regional road networks, particularly in relation to the intersection with the New England Highway and Aberglasslyn Road. Council’s Asset and Infrastructure Planning group will also provide input into the Masterplan in relation to road infrastructure, proposed access arrangements with Aberglasslyn Road and subsequent treatment of Oakhampton Road. There will also be the need to identify the additional impacts of development upon Denton Park Drive and the ability of the current intersections to cope with increased volumes. As required, specialist advice will be sought from traffic engineers experienced in transport planning and modelling. The nature of any road system improvements and sources for funding will also need to be resolved as part of the preparation of the Infrastructure Contributions Plan for the Aberglasslyn Investigation Area. Salinity / Acid Sulfate Soils - Preliminary geotechnical investigations undertaken in October and November 2004 for the Investigation Area conclude there is generally a low risk of urban salinity occurring, with the greatest risk considered to be development on the lower topographies. There is a likelihood of salinity increasing with depth and fluctuation in the water table and a number of recommendations outlining management techniques that will need to be considered for any development. Similarly, an Acid Sulfate Soils Management Plan would only be required for excavations in the low lying areas of the site, which generally correspond to the indicative open space areas. It is recommended that that the findings of the preliminary work

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be reviewed once concept designs for development in the study area are finalised. Noise - There are two (2) primary noise generating activities in proximity to the Investigation Area. These are the Rosebrook Sand and Gravel facility located to the north and the North Coast rail line that dissects the study area to the south. A noise assessment was undertaken by Parsons Brinckeroff in November 2004 and concluded that with the establishment of noise management zones, appropriately sited, designed and constructed residential development can be compatible with the ongoing operations of the sand and gravel activity and continued rail movements. Further investigations will need to be undertaken to determine specific acoustic attenuation measures and provisions to be incorporated into the subsequent Development Control Plan addressing the impact of noise/vibration emanating from extractive operations and passing trains. Council will further consult with the Department of Environment and Conservation (DEC) on these matters. Contamination - Imported fill and dumped rubbish containing mainly inert materials including sheet metal, tyres, wood and glass were identified on site. A site contamination assessment was undertaken by Douglass Partners in October 2004 and concluded that there is generally a low risk of contamination of soils and groundwater as a result of past activities within the Investigation Area. Consultation with the Department of Environment and Conservation (DEC) during the preparation of the draft LEP will be undertaken and any recommendations and /or requirements considered. Staging of Development - It is proposed given the existing infrastructure in the north of the rezoning area that development will commence in the north progressing towards the south of the rezoning area. The yearly lot generation will depend on the timeframe for development approval and market demand. EFFECTS OF EXISTING PLANS, POLICIES AND DIRECTIONS The draft Masterplan is consistent with state planning policies, strategies and directions and Council’s own planning initiatives. Planning for Infrastructure Section 94 of the Environmental Planning and Assessment Act enables Council to levy contributions upon a development where that development generates an increased demand upon Council's services and facilities. This power is intended to ensure that existing ratepayers are not required to meet the cost of providing for new roads, community centres, open space and

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recreation facilities, where the need for which arises from incoming populations occupying new residential developments. Council currently levies Section 94 throughout the City, where additional dwellings or residential lots are created. The draft Aberglasslyn Masterplan includes recommendations in relation to additional community and recreation facilities and infrastructure that would arise as a consequence of development in the area. With the draft Masterplan on exhibition, Council will be in a position to commence preparation of a site specific Infrastructure Contributions Plan for this area. Background studies would be undertaken considering the draft Masterplan and the financial implications of the infrastructure to be provided. Development Control Plan It will be necessary to prepare a Development Control Plan in conjunction with the preparation of contributions plan for the rezoning area. The draft DCP will provide development and design objectives and development controls in order to address the various characteristics of the rezoning area. Generally, the DCP will provide guidelines for the public domain and public open space, road network, site development, vehicular access, residential building form and treatment, local neighbourhood centre (location and design standards) and private open space. Exhibition and Statutory Consultation The draft Masterplan with supporting documentation will be available from the Council Administration Building, Maitland and Rutherford libraries and Council’s website (www.maitland.nsw.gov.au) during the eight (8) week exhibition period. A notice will also be placed in the Maitland Mercury, in accordance with Council’s notification procedures and property owners within the Investigation / Rezoning Area will be notified of the exhibition period and where the document can be accessed. Council also intends to consult with the following public agencies, groups and individuals during the preparation of a draft LEP:

• Department of Infrastructure, Planning & Natural Resources • Department of Environment and Conservation • Roads & Traffic Authority • Department of Education • Hunter Area Health Service • Rural Fire Service • NSW Heritage Office • Rural Fire Service • Hunter Water Corporation • Energy Australia and other utility service providers

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• Mindaribba Local Aboriginal Land Council and other local aboriginal groups

CONCLUSION Following the exhibition of the draft Masterplan, submissions will be reviewed and considered for the finalisation of the strategy. The final Masterplan will then be reported back to Council for consideration. Whilst there can be no guarantee that investigations will lead to the rezoning of the land, the Masterplan removes a number of uncertainties. The purpose of this report is to place the draft Masterplan on public exhibition and provide a formal mechanism to initiate consultation with various statutory authorities on the accompanying DLEP. This will resolve specific planning matters and ensure that there are no unnecessary delays at later stages of the development process. It will also facilitate the planning for infrastructure and development outcomes.



STATUTORY IMPLICATIONS The statutory process for preparing the Masterplan and amendment to the Maitland LEP 1993 is detailed in the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000. It is intended that the finalisation and formal adoption of the Masterplan will be given legal status with the amendment to the Maitland LEP 1993.

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Officers Reports

ABERGLASSLYN INVESTIGATION AREA – PROPOSED MASTERPLAN

AND REZONING OF LAND AT ABERGLASSLYN

Locality Plan


Attachment No : 1

Number of Pages : 1

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(Cont.)

9.2.16 AFFIXING COMMON SEAL – MAITLAND COMMUNITY OPTIONS PROJECT

File No: 29/26

Responsible Officer: Samantha Ellis Community Lifestyle Planner

Author: Katherine Putica Project Coordinator

EXECUTIVE SUMMARY The Department of Ageing Disability and Home Care funds the Maitland Community Options Project, which is auspiced by Council. The sum of $230,878.00 has been offered for the 2004-2005 period. The Department requires that two (2) copies of the Funding Agreement be signed by the Common Seal.

OFFICERS RECOMMENDATION THAT:

1. The grant of $230,878.00 from the Department of Ageing Disability and Home Care for the operation of the Maitland Community Options Project be accepted.

2. Authority be given to affix the Common Seal of Council to two (2) copies of the 2004-2005 Funding Agreement for the Maitland Community Options Project.

REPORT The Department of Ageing Disability and Home Care funds the Community Options Project through the Home and Community Care (HACC) Program. The HACC Program is funded jointly by State and Federal Governments. The Community Options Project provides a case management service and brokers support services for the frail aged and younger people with disabilities, and their carers, to enable them to continue to live at home. Council has auspiced the Maitland Community Options Project to ensure that support and assistance is available for a sector of the community who have special needs. The Department of Ageing Disability and Home Care requires that two (2) copies of the Funding Agreement be signed under the Common Seal of Council.

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(Cont.)

FINANCIAL IMPLICATIONS Maitland Community Options Project is fully funded by the Department of Ageing Disability and Home care, therefore this matter has no impact on Council finances.

POLICY IMPLICATIONS There are no policy implications associated with this report.


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MORPETH MUSEUM CONSTITUTION REVIEW (Cont.)

9.2.17 MORPETH MUSEUM - REVIEW OF EXENDITURE CLAUSE IN CONSTITUTION

File No: P25368

Responsible Officer: Samantha Ellis Community Lifestyle Planner

Author: Gaile Witt Administration & Facilities Officer

EXECUTIVE SUMMARY This report presents Council with a minor change to Clause 12.4 – Expenditure - in the Morpeth Museum Constitution.

OFFICER'S RECOMMENDATION THAT Council adopt the revised Clause 12.4 – Expenditure in Morpeth Museum Constitution.

REPORT The Morpeth Museum Management Group Committee members have found they require an increase in petty cash from $20 to $100 to have monies available at all times to pay for stationery, photocopying and general housekeeping when required. By increasing the petty cash bank fees can be avoided when processing cheques. Changes to the Constitution The word $20 has been amended to $100 to address this issue: 12.0 Expenditure The clause would read 12.4 The Group may authorise the transfer of an amount not exceeding

$100 in any one month to a separate account to be known as the Petty Cash Account, which shall be controlled by the Treasurer subject to any direction by the Chairperson and the Group.

The proposed change to the clause in the constitution reflects the improvements that the Morpeth Museum Management Group continue to do at the Morpeth Museum.


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MORPETH MUSEUM CONSTITUTION REVIEW (Cont.)

POLICY IMPLICATIONS If adopted, the attached Morpeth Museum Management Group Constitution will be policy of Council.


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Future Role of Local Government in Food Regulation (Cont.)

9.2.18 FUTURE ROLE OF LOCAL GOVERNMENT IN FOOD REGULATION

File No: 150/1


Author: Juliet Kauter Environmental Health Officer

EXECUTIVE SUMMARY The NSW food safety system was independently reviewed in 2002 by the Hon. John Kerin. This review is referred to as the Section 73 Review and as a result NSW State and local governments are currently working together to explore a model that clearly defines and appropriately resources local governments role in food regulation. The Minister for Primary Industries and Presidents of the Local Government Association of NSW and Shires Association of NSW has appointed a food regulation partnership steering committee to drive the network and consultation process with local government. The steering committee is comprised of representatives from three State government agencies and four local government associations. The food regulation partnership is committed to ensuring all stakeholders have their say. An options paper on the future role of local government in food regulation was recently released for comment and feedback prior to December 24, 2004. A draft model for local government’s future role in food regulation will then be prepared for further consultation. This report explores the issues and potential impacts for Council.


1. Council prepare a submission in response to the issues paper prepared by the NSW Food Regulation Partnership electing Option 4 as the appropriate base/ minimum role for Maitland Council.

2. Council note that as a result of the review and consultation process that Council’s role in food surveillance will be mandated and a base/ minimum role will be legislated.

3. Council note that the outcome of the consultation process may not reflect Council’s preferred option.

4. Council recognise the importance of a continued role in food surveillance in Maitland.

Page 348



REPORT All local councils in NSW have ‘enforcement agency’ status under the Food Act 2003. This enables, but does not require, councils to enforce the requirements of the Act and Food Standards Code. These arrangements continue local government’s long-standing, non-mandatory role in food regulation in NSW. Despite the non-mandatory role, most local councils in NSW appoint ’authorised officers’ to enforce the requirements of the legislation. Council’s role in food surveillance aims to protect public health and prevent food related illness by assisting the food industry to operate a clean safe and profitable business. Current food surveillance activities of many local councils including Maitland City Council include approval of food premises, monitoring compliance with the Food Standards Code and enforcement action, food recalls, advising food business operators on food safety practices, investigating complaints and providing education and training for food handlers. The options paper identifies defining roles, funding, support and assistance, and coordination framework as the four main areas that need to be considered as part of the review. Funding The options paper identifies that local government’s food surveillance function must be adequately resourced and that a lack of resources constrains the capacity of councils to carry out this function. The options paper suggest that cost recovery from food business by charging service fees, administration fees, inspection fees and fines is where the bulk of funding should come from and that State Government are likely to provide resources for sampling and emergency response costs to councils. Support and Assistance The options paper identifies the need for local government’s role in food regulation to be supported and assisted by the NSW Food Authority via robust strategic liaison arrangements and the provision of tools and/ or training as appropriate. Coordination Framework The Section 73 Review recommended that local government’s role in food regulation be coordinated by the NSW Food Authority. The coordination framework should eliminate duplication and gaps between services provided by local government and the NSW Food Authority, minimise industry compliance costs, improve regulatory efficiency, facilitate consistent service delivery among local government areas, demonstrate accountability to the

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general public and regulated food industry and not impose an onerous administrative burden on local government or the NSW Food Authority. Defining Roles The options paper recommends that the responsibility of local government food regulation be clearly defined to avoid duplication and gaps between local government and NSW Food Authority services and to ensure the most efficient use of NSW limited food regulatory resources and minimise regulatory burden for industry. In defining local government’s role there are two variables:

• for which regulatory activities/ services could local government take lead responsibility?

• and in which food industry/ sectors/ businesses? The options paper provides 4 options for the base/ minimum role for local government in food regulation. These include:

• Option 1 o Current statutory requirements i.e. development approvals and

construction certificates o Emergency response

• Option 2

o Option 1 as detailed above plus: o Inspection of low, medium and high-risk premises with the

exception of nursing homes, childcare centres, hospitals, primary producers, butchers, manufacturers/ processors and caterers.

o Notification data management o Food Safety Standards compliance and enforcement o Food Standards enforcement o Sampling and food recall

• Option 3 o Option 1 & 2 as detailed above plus: o Complaints of non food borne illness

• Option 4

o Options 1, 2 & 3 as detailed above plus: o Industry support program

The Food Regulation Partnership Steering Committee is seeking feedback and submissions from all councils prior to December 24, 2004 and is particularly interested in local governments response to the four options detailed above.

Page 350



Option 4 is basically the current level of service provided by Council. Council is likely to lose nursing homes, caterers and childcare centres, however will be required to inspect other premises such as newsagents and bottle shops.


POLICY IMPLICATIONS There are no policy implications as a result of this report.


Page 351


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9.3 FINANCE AND ADMINISTRATION

9.3.1 WRITING OFF SUNDRY DEBTOR ACCOUNTS

File No: 2/20

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Phil Freeman Manager Accounting Services

EXECUTIVE SUMMARY This report requests Council to write off a number of sundry debtor accounts, in accordance with Council’s Policy, as it has been determined that any further attempt to recover the debts would not be cost effective.

OFFICER'S RECOMMENDATION THAT Council write off the sundry debtor accounts detailed in this report, totalling $15,288.78.

REPORT It has been determined that on reasonable grounds that any further attempt to recover the following debts would not be cost effective, for the reasons outlined:

1. Janice Mathews owes Council $709.63 for rental of the kiosk at East Maitland Swimming Pool. The debtor has since been declared bankrupt.

2. Colin John & Karen Alma Cotterill owe Council $508.53 for contributions towards kerb & guttering. This debt was raised after the property was sold, and thus was not included on the Section 603 Certificate of Rates & Charges at the time of the sale.

3. Wordbath Pty Ltd owes Council $10,249.80 for commercial garbage charges. Wordbath Pty Ltd is the rateable owner of a commercial property comprising 3 shops. The tenants of the shops arranged with Council to have their commercial garbage collected by Council. It subsequently emerged that the request for the garbage service was made without the owner’s knowledge or consent. All efforts have been exhausted to recover the monies owing to Council.

4. Eunice Maureen Arkell owes Council $1,910.41 for commercial garbage charges. The debtor has been declared bankrupt and Council has received a final dividend.

5. Peter Raymond & David John Arkell owe Council $1,910.41 for commercial garbage charges. The debtors have been declared bankrupt and Council has received a final dividend.


WRITING OFF SUNDRY DEBTOR ACCOUNTS (Cont.)

FINANCIAL IMPLICATIONS Provision has been made within Council’s budget for writing off bad debts.

POLICY IMPLICATIONS The writing off of these debts is in accordance with Council’s policy.

STATUTORY IMPLICATIONS The writing off of these debts is in accordance with Section 17 of the Local Government (Financial Management) Regulation 1999.

Page 353


Page 354

9.3.2 DEALING WITH DIFFICULT CUSTOMERS

File No: 130/24


Author: Graeme Tolhurst Group Manager Finance & Administration

EXECUTIVE SUMMARY This report is to put in place a process where Council Officers are finding it difficult to deal with a customer or group of customers. This stems from an incident at the Customer Service Centre a month ago and seeks to address the Occupational Health and Safety Act in relation to employees of Council.

OFFICER'S RECOMMENDATION THAT the attached policy “Dealing with Difficult Customers” be adopted by Council.

REPORT In late October 2004, there was an incident at the Customer Service Centre on the ground floor of the Administration Building. Council investigated the incident and gained legal advice on the approach to be undertaken to address this issue. The approach is the following: i) Council resolution empowering a select number of Senior Council staff to direct

the offending customer(s) to leave Council premises.

Select staff have been identified as follows: General Manager, David Evans Group Manager Finance & Administration/Public Officer, Graeme Tolhurst Group Manager Service Planning & Environment – Brad Everett Group Manager City Works & Services – Wayne Cone Manager Administration & IT – Jon Dundas Manager Community & Recreation Services – Judy Jaeger ii) Such Officers be authorised to assess a workplace situation arising involving an

aggressive customer or customers as being caused by their conduct and comprising harassment towards one or more Council staff.

iii) If the person when asked to leave, remains on Council premises, then the

officer nominated in (i) of this report informs the person or person that the Police


DEALING WITH DIFFICULT COMPLAINANTS (Cont.)

Page 355

are to be called and a phone call made to the Police to attend to escort that person from the premises.

This procedures (i), (ii), (iii) will form a Policy of Council and ensure staff that their fears of intimidation are allayed. These days a number of large organisations and Government organisations have these policies in place to protect the staff of their organisation and the public that they seek to serve. Unfortunately there are some members of the public who go beyond the bounds of normal discussion and when a person or persons become aggressive, the organisation is responsible for the well being of all persons on its premises. This Policy is recommended for adoption by the Council to allow Council to comply with Occupational Health and Safety Regulations.


POLICY IMPLICATIONS The Policy attached to this report is to be included as part of Council’s Policy Manual.



DEALING WITH DIFFICULT CUSTOMERS

FILE REFERENCE: 130/24 COUNCIL REFERENCE: Ordinary Council Meeting 14 December 2004 DATE REVIEWED:

OBJECTIVE: To establish guidelines in relation to Dealing with Difficult Complaints

The procedures to be followed are as follows: i) Council resolution empowering a select number of Senior Council staff to direct

the offending customer(s) to leave Council premises.

Select staff have been identified as follows: General Manager, David Evans Group Manager Finance & Administration/Public Officer, Graeme Tolhurst Group Manager Service Planning & Environment – Brad Everett Group Manager City Works & Services – Wayne Cone Manager Administration & IT – Jon Dundas Manager Community & Recreation Services – Judy Jaeger ii) Such Officers be authorised to assess a workplace situation arising involving an

aggressive customer or customers as being caused by their conduct and comprising harassment towards one or more Council staff.

iii) If the person when asked to leave, remains on Council premises, then the

officer nominated in (i) of this report informs the person or person that the Police are to be called and a phone call made to the Police to attend to escort that person from the premises.

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10 ITEMS FOR INFORMATION

10.1 PUBLIC SUBMISSIONS - FINANCIAL REPORTS AND AUDITOR'S REPORTS FOR YEAR ENDED 30 JUNE 2004

File No: 2/8/10 & 2/10


Author: Phil Freeman Manager Accounting Services

EXECUTIVE SUMMARY This report is to address any written public submissions received by Council with respect to Council’s financial reports and auditor’s reports for the year ended 30 June 2004.

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

REPORT Council’s audited financial reports, together with the auditor’s reports, for the year ended 30 June 2004 were available at Council’s administration building for inspection until 3 November 2004. Written public submissions were invited up until 9 November 2004. Council did not receive any submissions in relation to the financial reports or auditor’s reports for the year ended 30 June 2004.

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10.2 COUNCILLOR MOTIONS

File No: 35/61

Responsible Officer: David Evans General Manager

Author: David Evans General Manager

EXECUTIVE SUMMARY The following report details the current status of Councillor Motions/Urgent Business/Questions without Notice which are currently being actioned by Council Officers.


REPORT See attached report.

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COUNCILLOR MOTIONS (Cont.)

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Page 360



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10.3 KEY PERFORMANCE INDICATORS - NOVEMBER 2004

File No: 35/37


Author: Leanne Harris Manager Strategic Services

EXECUTIVE SUMMARY This report provides Council with information in relation to performance against key indicators.


REPORT This report provides regular monthly data against a set of core key performance indicators. These types of indicators align broadly with Council’s adopted Key Focus Areas and together provide an overall snapshot of activity in the Maitland Local Government Area. The aim of such reporting is to present the data in an informative and easily understood manner, so that Council can easily determine trends and / or anomalies that may require action. It is also intended that this type of reporting will provide an opportunity to highlight any key issues of particular importance to Council. Performance Indicator: Approval Statistics Approval statistics provide an indication of the level of building and development activity in the LGA, as well as the efficiency and effectiveness of our processing systems. Data is presented showing trends over the last twelve months for the number of applications (DAs and CCs) lodged with Council, the number approved and the number that remain outstanding. Median days and the estimated value of development and construction are also presented. For the 12 month period of December 2003 through to November 2004, the average monthly number of lodged Development Applications was 170 and the average monthly number of applications approved was 168. In November 2004, there were 162 applications lodged and 153 applications approved. As a result the number of applications on-hand has risen to 351.


Key Performance Indicators - November 2004 (Cont.)

Page 364

The Median Processing Times for Development Applications in November 2004 has dropped to 19 days. The average Median Days for the twelve month period is 16.5 days. The Local Government Association of NSW has previously released a publication on Local Government application processing times. The findings were based on a survey of 56 Councils and concluded that 27 days to process a DA, which had been correctly submitted, seemed fair and reasonable. For the 12 (twelve) month period December 2003 to November 2004, the average monthly number of lodged Construction Certificates was 150 and the average monthly number of approved Construction Certificates was 149. In November 2004, there were 159 Construction Certificates lodged and 128 approved. The number of applications currently on-hand has therefore risen to 216. The Median Processing Times for Construction Certificates in November 2004 has stayed at 13 days and is slightly above the 12 month average which is 12 days.



Page 365

DAs - On-Hand, Lodged & Approved Applications

100

120

140

160

180

200

220

270280290300310320330340350360370

Lodged 154 135 171 211 152 189 153 176 173 213 158 162

Approved 169 124 164 214 157 143 203 184 140 189 174 153

On-Hand 303 314 321 318 313 359 309 301 334 358 342 351

D J04 F M A M J J A S O N

Trendline - Approved

DAs - Median Processing Times

0

5

10

15

20

25

Calendar Days 20 21 13 11 13 17 18 16 16 14 20 19


Trend Line

DAs - Estimated Value of Development

$0

$5,000

$10,000

$15,000

$20,000

$25,000

$30,000

$'00

0s

Est imated Value $17,337 $25,566 $13,630 $21,963 $11,991 $10,483 $24,751 $13,321 $13,686 $14,645 $19,022 $15,451




Page 366

CCs - On-Hand, Lodged & Approved Applications

0

50

100

150

200

0

50

100

150

200

250

Lodged 133 138 170 177 135 169 139 151 147 163 129 159

Approved 151 111 166 182 146 136 175 165 119 178 131 128

On-Hand 176 203 207 202 191 224 188 174 202 187 185 216


Trendline - Approved

CCs - Median Processing Times

02468

1012141618

Calendar Days 12 16 10 8 10 12 11 11 10 13 13 13


Trend Line

CCs Estimated Value of Construction

$0

$2,000

$4,000

$6,000

$8,000

$10,000

$12,000

$14,000

$16,000

$'00

0s

Estimated Value $10,564 $8,977 $11,235 $14,874 $10,140 $8,073 $12,926 $15,197 $5,825 $8,954 $7,091 $7,673




Page 367

Performance Indicator: Consolidated Development Services Income The following graph shows actual YTD consolidated Development Services income to November 2004, and forecasted YTD income based on the average of the last twelve (12) months actual consolidated Development Services income. The graph demonstrates that at this stage income levels are consistent with estimates included in the adopted 2004/05 budget.

YTD CONSOLIDATED DEVELOPMENT SERVICES INCOME (Projection based on

average monthly income over last 12 months)

$0

$500

$1,000

$1,500

$2,000

$2,500

$ 00

0's

Actual YTD $183 $351 $576 $736 $918 $0 $0 $0 $0 $0 $0 $0

$1,102 $1,287 $1,471 $1,656 $1,840 $2,025 $2,209

Vote $173 $346 $520 $693 $866 $1,039 $1,212 $1,385 $1,559 $1,732 $1,905 $2,078

J 04 A S O N D J 05 F M A M J

Forecast



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Performance Indicator: Patronage of Community Services Patronage at Council’s libraries, art gallery and childhood immunisation clinics are displayed graphically below to more clearly identify trends of usage at the various facilities. Libraries Overall patronage trends at Council’s libraries for the months September to November 2004 inclusive are similar to the patronage trends for the corresponding period last year. Total patronage for all libraries for this three month period was 4% higher than the corresponding period last year. The same comparison but on an individual library basis reveals the following comparisons: City 19% lower East Maitland 38% higher Rutherford 232% higher Thornton 8% lower The opening of the new branch library at Rutherford has obviously had a significant positive impact upon overall patronage levels. The new East Maitland Library opened in mid October and is also contributing positively to overall visitation numbers.

LIBRARY VISITORS

0

5,000

10,000

15,000

20,000

9,091 8,934 7,998 7,659 7,150 6,478

4,068 4,491 3,840 4,118 3,213 5,305

Ruth 877 713 822 2,590 2,666 2,727

2,226 2,828 2,599 3,116 2,810 2,813

16,262 16,966 15,259 17,483 15,839 17,323

Sep 2003 Oct 2003 Nov 2003 Sep 2004 Oct 2004 Nov 2004

Library Visitors

City

East

Thorn

Total



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Art Gallery Patronage for the Art Gallery for the period September to November 2004 shows a slight decrease in visitation numbers to the new gallery compared to the same period last year. October 2003 marked the closure of Brough House in preparation of the relocation to the new gallery, which opened in November 2003 with significant numbers attending the opening night. November 2004 activities included the second week of the school holidays and the Jim Thompson photographic exhibition opening.

ART GALLERY VISITORS

0

200

400

600

800

1,000

1,200

1,400

1,600

780 940 1,421 858 812 617

Sep 2003 Oct 2003 Nov 2003 Sep 2004 Oct 2004 Nov 2004

Art Gallery Visitors



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Immunisation Clinics The childhood immunisation clinic pattern has remained relatively stable over the last three months and on the whole is equivalent to the same period last year.

IMMUNISATION ATTENDANCES

0

10

20

30

40

50

60

70

80

Thornton 15 14 13 12 15 13

Rutherford 19 17 43 29 33 30

Town Hall 19 19 20 16 19 16

Total 53 50 76 57 67 59

Sep 03 Oct-03 Nov-03 Sep 04 Oct 04 Nov-04

Immunisation Attendances



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Visitor Information Centre The Maitland Visitor Information Centre enquiries totalled 5881 in November reflecting a slight increase over October. Total enquiries to the end of November were 63,879. The total number of visitors to the website www.hunterrivercountry.com.au was 647 who made 2612 page impressions within the site.

VISITOR INFORMATION CENTRE ENQUIRIES

0500

1,0001,5002,0002,5003,0003,5004,0004,500

Sep-04 Oct-04 Nov-04

3,684 3,757 4,110

1,009 1,090 897

Mail 178 254 227

2,092 595 647

Sep 2004 Oct 2004 Nov 2004

Personal

Telephone

Internet

http://www.hunterrivercountry.com.au/



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Maitland Gaol Figures for Maitland Gaol during November indicate there is still strong interest, with 1321 visitors taking tours and an additional 220 attending the site for functions. Cellar in the Cells, which took place during October, was the first major function held since Council assumed responsibility for administration of the Gaol and an estimated 3000 people attended this activity with a further 440 attending the two evening functions associated with it.

Maitland Gaol Visitation Numbers

15411227 1281

5592

0

1000

2000

3000

4000

5000

6000

Aug-04 Sep-04 Oct-04 Nov-04



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Performance Indicator: Food Premises Inspections The number of inspections undertaken at Food Premises over the last 12 months is graphically presented below. The average number of monthly food premises inspections for this period was 50. The 32 inspections completed in November 2004 were well below this average and reflect staffing leave arrangements over October and November.

FOOD PREMISES INSPECTIONS

0

20

40

60

80

100

120

Number 26 48 31 43 72 49 57 49 60 103 17 32

D J 04 F M A M J J A S O N



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Performance Indicator: Customer Request System The chart below shows data from 2004 for Council’s customer service request system. This system records and monitors complaints and requests from the community. It should be noted that given the nature of some of the requests received (eg capital projects that may not form part of Council’s adopted rolling works program), resources available and the varying service levels set for differing types of requests, there will always be a certain level of outstanding items in the system.

Customer Request System

0

100

200

300

400

500

600

700

800

900

1000

0

100

200

300

400

500

600

700

800

Receivedcompletedoutstanding

Received 719 740 866 667 587 554 592 665 675 737 837

completed 745 816 708 847 641 542 806 640 638 675 760

outstanding 535 533 717 645 604 626 475 489 527 585 623

Jan-04

Feb-04

Mar-04

Apr-04

May-04

Jun-04

Jul-04

Aug-04

Sep-04

Oct-04

Nov-04



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Performance Indicator: Rates Collections As at 30th June 2004, 4.9% of rates levied for the 2003 / 2004 year remained uncollected. (In comparison, as at 30th June 2003, 6.2% of the rates levied for the 2002 /2003 year remained uncollected). The graph below shows the reductions achieved per month in the percentage of rates in arrears. The percentage of rates in arrears at the end of November 2004 is below the percentage of rates in arrears at the end of November 2003 indicating improved efficiency in the rates recovery function. Remaining arrears continue to be pursued through Council’s debt recovery agency and by Council’s debt recovery officer. Please note that arrears figures do not include current financial year rates that remain uncollected.

Percentage of 2003/2004 Rates in Arrears

1.50%

2.50%

3.50%

4.50%

5.50%

6.50%

7.50%

Fin Year 2002 7.31 5.95 5.22 4.57 4.01 3.73 3.46 3.24 2.99 2.73 2.54 2.31 2.21

Fin Year 2003 6.20 5.03 4.47 3.92 3.46 3.16 2.96 2.70 2.50 2.25 2.09 1.91 1.77

Fin Year 2004 4.90 4.20 3.60 3.20 2.90 2.64

Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May June


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10.4 STATUS REPORT ON CAPITAL WORKS PROJECTS

File No: 122/813

Responsible Officer: Brad Everett Group Manager, Service Planning and Regulation

Author: Wayne Cone Group Manager City Works & Services Richard Minter Manager Consulting and Contracts

EXECUTIVE SUMMARY Council has a range of Capital Works Projects which are undertaken in house by the City Works and Services Group and externally by contract construction groups. A report on the status of major construction works and projects within the 2004/2005 Capital Works program and the final projects in the 2003/2004 program are submitted for Council's information.


REPORT CONSULTING AND CONTRACTS 1. Bus Shelters

The construction of new bus shelters at Elgin Street, Maitland Post Office, Maitland Hospital and Metford TAFE have been completed. The final shelter for Mitchell Drive, Greenhills has also now been completed. The total project was grant funded in the amount of $155,000.

2. East Maitland Branch Library

A new branch library has been completed by R T Parker Pty Ltd at East Maitland in Garnett Road, with a total project budget of $1,850,000. The library building has received a large amount of very positive feedback from the public. Construction of landscaping is underway and will be completed in mid December.


STATUS REPORT ON CAPITAL WORKS PROJECTS (Cont.)

Page 377

3. Highway Landscaping

A landscape design for the New England Highway median area near Maitland Pool has been completed and forwarded to the RTA for comment and to seek any available additional funding to supplement the works. The RTA have responded that they approve of the proposed landscaping but do not have any funding to contribute to the works. Works are currently being scoped within the available budget of $20,000.

4. Melbourne Street Improvement Stage 3 Council has allocated $80,000 for the implementation of Stage 3 improvement

works in Melbourne Street, East Maitland. Further investigation regarding the scope of work for the project and alternative improvement works is underway. A decision on the scope of works will not be made until further detail is known on the third river crossing.

5. Maitland Riverside Precinct The Maitland Riverside Precinct project includes paving, lighting and

landscaping works along the levee in Central Maitland with works being undertaken by Scenic Art Afloat. The total project budget is $1,500,000. Construction of blockwork walls, access ramps and entrance signage has commenced with paving works to commence shortly. The project is due to be completed in February, 2005.

6. Kyle Street/Gardiner Road Improvements A review of the design for the complete Kyle Street/Gardiner Road

improvements has been completed. A separate detailed report is to be presented regarding funding for the project to this Council meeting.

7. Major Building Maintenance An allocation of $400,000 was made in the 2004/2005 Rolling Works Program

for major maintenance to a range of Council's community and recreation facilities. About half the works will be undertaken by Council's Building Section with the remainder to be undertaken by contract. Building works by contract have commenced with plumbing and electrical works underway. The majority of works are due for completion by the end of December.

8. Watermain Relocations A number of projects on the Rolling Works road construction program require

watermain relocations prior to the commencement of work. Watermain relocations are required for Bent Street Maitland, Victoria Street East Maitland, High Street East Maitland and Telarah Street Telarah. The Bent Street and Victoria Street works are complete and a tender for the High Street relocation has been awarded to H L Mullane and Son with works commenced. Tenders for the Telarah Street relocation are about to be called.



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9. Maitland Park Baseball Lighting Council has allocated $40,000 for the installation of floodlighting for baseball in

Maitland Park. Tenders for the design and construction of the lighting have been called, with tender prices exceeding the budget available. A separate report regarding this project and its funding is presented to this Council meeting.

10. Morpeth Oval No. 1 and 2 Floodlights Following discussions with the Morpeth Recreation Board, floodlights are to be

provided to the new training field due for completion in January. Quotes will be called in December with works due for completion in February. The total project budget is $24,000.

11. Morpeth Oval Earthworks Design is complete for the construction of a new training playing field at

Morpeth. A development application for the works has been approved. Works are due to commence in mid December and be complete by the end of January. The budget available for the work is $10,000.

12. Hatcher Oval Floodlights Council has allocated $10,000 for the installation of an additional lightpole at

Hatcher Oval, Telarah. Quotes have been called with the quote awarded to Penman Electrics. Works have now been completed.

13. Woodberry Family Centre Council has recently received grant funding in the amount of $691,750 from

the Department of Community Services for the Construction of a Family Centre at Woodberry. The Centre will include a Child Care Centre, various meeting rooms and amenities. Council is undertaking the project management of the project that will be constructed opposite Francis Greenway High School. EJE Architecture have been appointed as architects for the project with preliminary designs underway.



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CITY WORKS & SERVICES The status of the construction projects within the 2004/2005 Rolling Works Program, as of, is as follows. 1. Car Park Construction

1.1 Courthouse Car Park, Maitland Work is nearing completion on the reconstruction of the existing car park adjacent to Maitland Courthouse. Final restoration of the adjacent ground, including the re-positioning of the Rotary Club’s map board and seat, will be completed in early December. The estimated cost of the project is $82,000.

1.2 Sempill Street Car Park, Maitland

An additional car park is to be constructed between the road and the levee bank adjacent to the existing car park in Sempill Street. Work on the project will commence in early December and will be available for use by the general public over the Christmas period, albeit with a temporary gravel surface. The car park will be completed, with a bitumen seal and linemarking in late January. The estimated cost of the project is $120,000.

1.3 Dransfield Lane Car Park, Maitland

Work will commence in late January on the reconstruction of the existing car park in Dransfield Lane. The new layout will provide eleven (11) car parking spaces at an estimated cost of $33,000.

2. Drainage Construction

2.1 Linwood Close, Bolwarra A 450mm diameter concrete pipeline is being laid as an extension to the existing stormwater pipeline at No.9 Linwood Close. The work commenced in late November and is scheduled for completion in mid December at an estimated cost of $32,000.

3. Footpath Construction

3.1 Ken Tubman Drive, Maitland Work will commence in early December on the construction of the balance of concrete footpath in Ken Tubman Drive in the vicinity of Church Street. The section of footpath, approximately 33 metres long, will be completed in mid December at an estimated cost of $4,000.



Page 380

3.2 Maize Street, Tenambit Approximately 70 metres of concrete footpath will be constructed in Maize Street in the vicinity of Foster Street in early to mid December at an approximate cost of $9,000.

4. Urban Local Roads (ULR)

4.1 Victoria Street, East Maitland The installation of several drainage pipelines was undertaken in November in readiness for the reconstruction of the road pavement in Victoria Street between Rous St and Brisbane Street in early 2005. The central pavement will be removed and replaced with new road base material, while the road shoulders will be stabilised, reshaped and resurfaced. The project will take approximately 6 weeks to complete at an estimated cost of $166,000.

4.2 Thornton Road, Thornton

The eastern side of Thornton Road between the New England Highway and Gleenwood Drive is to be rehabilitated and two coat bitumen sealed. The project, to commence in early December, will take approximately 3 weeks to complete at an estimated cost of $68,000.

5. New Works - Urban

5.1 Morpeth Road, Raworth The bitumen seal has been applied to the new road pavement recently constructed on Morpeth Road just east of Jenna Street. Some driveways are to be finalised and retaining walls installed in early 2005. The estimated cost of the project is $455,000.

6. Rehabilitation - Urban

6.1 Tyne & Add Gravel The following road pavements are being rehabilitated using stabilisation as Stage 1 of the Urban Rehabilitation Program for 2004/05: - Dinter St, East Maitland - Clarence St & Houston Ave, Tenambit - Tyrrel St & Kenneth Lane, Tenambit - Robert St, Tenambit - David Ave, East Maitland - Triggs Cl, Thornton - Forshaw Cl, Thornton - Haussman Dr, Thornton



Page 381

The work commenced in late November and is expected to be completed with bitumen seals by mid December. The total cost of this work, and the Stage 2 projects to be undertaken in 2005, is estimated to be $897,000.

6.2 Tyne & Add Gravel

Market Street at Morpeth has been rehabilitated by tyning the road pavement, adding gravel, reshaping and resurfacing. The approximate cost of the work was $8,000.

7. Reseal - Rural Roads

Resealing on the following rural roads is complete: - Hinton Rd, Phoenix Park - Anambah Rd, Anambah - Old North Rd, Farley - Wollombi Rd, Farley - Allandale Rd, Lochinvar - Dunmore Rd, Largs Where required, line marking will be reinstated by contractors in mid December, thus completing the 2004/05 rural reseal program. The total value of the program is $236,000.

8. Reseal - Urban Roads

The resealing of the following urban roads is complete: - Sirius St, Rutherford - Sharkies La, Lorn - Devonshire St, Maitland - Wolstenholme St, Walsh St, Krohn St, Treasure St, Rutherford - Allan St, Lorn - Justine Pde, Rutherford - Fieldsend St, East Maitland - Brunswick St, East Maitland - Brooks Street, Telarah - St Fagans Pde, Rutherford - Paterson Rd, Bolwarra - Edward St, Morpeth - Weblands St, Rutherford - Budgeree Dr, Correa Cl, Aberglasslyn - Denton Park Dr, Turin Terr, Rebecca Cl, Robert Cl, Aberglasslyn - Grant St, East Maitland



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All preparation work for 2004/05 urban resealing is complete. Resealing will continue on the following urban roads throughout the summer: - Maple Rd, Ash Cl, Largs - Thomas Coke Dr, Thornton - Westerman Cl, Thornton -- Ken Tubman Dr, Maitland - Chisholm Rd, Kilkenny Cl, East Maitland - Ferraby Dr, Metford - Galway Bay Dr, Monaghan Circ, Armagh Cl, Kildare Cl, Tralee Cl, Ashtonfield - Garrie Cl, Ingrid Cl, Thornton - Glenwood Dr, Thornton - Government Rd, Thornton - Holford Cr, Thornton - Lord Howe Dr, Bounty Cl, Ashtonfield - Michael Hill Ave, Bangalay Cl, Woodbine Cl, Woodberry - Moriarty Ave, Ashtonfield - Pacific Cr, Airlie St, Samoa Cl, Turtle Ave, Yasawa Cl, Ashtonfield - Schank Dr, Metford - South Seas Dr, Ashtonfield - Streeton Dr, Dobell Pl, Metford - Arnold Cr, Kirkman Cl, Singleton Ave, Bronwyn Cl, Doran Cl, Thornton - Melaleuca Dr, Metford - Lawson Ave, Woodberry The total value of the 2004/05 urban reseal program is $915,000.

9. Council Initiatives

9.1 Taree Reserve Netball Courts, Telarah Resurfacing of the netball courts was undertaken in late November with only the linemarking to be reinstated and the goal posts to be repositioned in early December. The approximate cost of this work was $10,000.

10. Additional Projects

10.1 Turners Lane, Millers Forest Each end of Turners Lane has now been bitumen sealed. The approximate cost of the project was $10,000.

10.2 Lorn Park Internal Access Road

The internal access road at Lorn Park has been rehabilitated and bitumen sealed. The project was completed in mid November at an approximate cost of $24,000.



11 NOTICE OF MOTION/RESCISSION

12 QUESTIONS WITHOUT NOTICE

13 URGENT BUSINESS

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14 COMMITTEE OF THE WHOLE

14.1 COUNCIL PURCHASE OF PROPERTY 16 DEVONSHIRE STREET MAITLAND

File No: P14213


Author: Frank Shrimpton Property & Risk Management Coordinator

EXECUTIVE SUMMARY Mr Des Fren a Director of Frens Pty Ltd contacted Council and advised that the Company was interested in selling the property at 16 Devonshire Street Maitland and as Council owned adjoining land Council could have first option to purchase.

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 EXPRESSIONS OF INTEREST TO PURCHASE FROM COUNCIL LOT 121 DP 1005317 WEBLANDS STREET RUTHERFORD

File No: P37628



EXECUTIVE SUMMARY Council advertised for Expressions of Interest in the purchase from Council of a parcel of vacant land at Lot 121 DP 1005317 Weblands Street Rutherford. The advertised period for expressions closed on Friday 26 November 2004 and the results and recommendations are contained in this report.



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14.3 PRESBYTERIAN GLEBE TRUSTEES CAR PARK AGREEMENT

File No: P 24942 & P 24975

Responsible Officer: Graeme Tolhurst Group Manager Finance and Administration


EXECUTIVE SUMMARY The existing lease agreement between the Presbyterian Glebe Trustees and Maitland City Council for the car parks in St Andrews Street, Maitland has expired. The Presbyterian Glebe Trustees has offered to renew the lease for a further term of 3 years.



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14.4 MAITLAND REGIONAL ART GALLERY PATRONS PROGRAMME

File No: P17391


Author: Judy Jaeger Manager Community & Recreation Services

EXECUTIVE SUMMARY This report presents to Council a recommendation from the assessment panel regarding patrons for Maitland Regional Art Gallery (MRAG) ensuring that the gallery attains a status and standing within the cultural industry and arts community throughout Australia.


(d)(i) commercial information of a confidential nature that would, if disclosed: prejudice the commercial position of the person who supplied it

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15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE

16 CLOSURE

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maitland city council ordinary meeting agenda...2004/12/14 · ordinary meeting agenda 14 december,...

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