ordinary meeting agenda 11 november 2014

Agenda - Attachments IncludedMaitland City Council I Ordinary Meeting Agenda
Notice is hereby given, in accordance with the provisions of the Local Government Act
1993 that a Meeting of Maitland City Council will be held in the Council Chambers,
Town Hall, High Street, Maitland, commencing at 5.30pm.
ORDINARY MEETING
DAVID EVANS
GENERAL MANAGER
Please note:
In accordance with the NSW Privacy and Personal Information Protection Act, you are advised that
all discussion held during the Open Council meeting is recorded for the purpose of verifying the
minutes. This will include any discussion involving a Councillor, Staff member or a member of the
public.
TABLE OF CONTENTS
3 DECLARATIONS OF INTEREST ................................................ 1
4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING ....... 1
5 BUSINESS ARISING FROM MINUTES ..................................... 1
6 MAYORAL MINUTE ................................................................. 1
ITEMS OF BUSINESS ................................................................ 1
8 PUBLIC ACCESS ....................................................................... 1
NIL
10.1 DA 14-1899 CHANGE OF USE - HEALTH CONSULTING
ROOMS - LOT 1 DP21143, 271 NEW ENGLAND HIGHWAY,
RUTHERFORD RECOMMENDATION: APPROVAL ......................... 2
SUBDIVSION - LOT 8830 DP1076205, 7 CONDER CRESCENT
METFORD RECOMMENDATION: APPROVAL .............................. 24
10.4 ADOPTION OF THE DRAFT MAITLAND PARK PLAN OF
MANAGEMENT AND MASTERPLAN ............................................ 64
CONSTITUTION ........................................................................... 73
DP1133081 LAWES STREET, EAST MAITLAND ............................ 87
10.7 LOAN GUARANTOR FOR MAITLAND CITY TENNIS CLUB
INC. .............................................................................................. 99
11 NOVEMBER 2014
10.9 SECTION 356 COMMUNITY GRANTS ........................................ 107
10.10 MATTRESS RECYCLING - HUNTER RESOURCE RECOVERY ....... 110
11 APPEARANCE AND INFRASTRUCTURE REPORTS .............. 113
11.1 ROAD SAFETY PROJECT ACTIVITIES 2013-14 ............................ 113
11.2 NSW LOCAL GOVERNMENT ROAD SAFETY PROGRAM -
THREE YEAR ACTION PLAN AND RMS FUNDING FOR 2014-
15. .............................................................................................. 121
CLOSURES .................................................................................. 168
BOULEVARDE, EAST MAITLAND ............................................... 175
NIL
MONTHLY REPORT .................................................................... 183
NIL
NIL
16.1 INTERNATIONAL DAY OF PEOPLE WITH A DISABILITY
(IDPWD) PARTY IN THE PARK AND 'GREASE IS STILL THE
WORD' MUSICAL ....................................................................... 192
MINUTES .................................................................................... 194
11 NOVEMBER 2014
19 URGENT BUSINESS ............................................................. 207
20.1 RECOVERY OF COSTS - 324 HIGH STREET MAITLAND .............. 208
20.2 NEW ROAD CONSTRUCTION AT EAST MAITLAND BY
DEVELOPER IN ASSOCIATION WITH DEVELOPMENT
CONSENT CONDITIONS. ........................................................... 209
THE UPGRADE OF MAITLAND TRANSPORT INTERCHANGE
AND ATHEL D'OMBRAIN DRIVE................................................ 210
21 COMMITTEE OF THE WHOLE RECOMMENDATIONS ......... 211
22 CLOSURE .............................................................................. 211
11 NOVEMBER 2014
PRESENT
3 DECLARATIONS OF INTEREST
4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING
The Minutes of the Ordinary Meeting held 28 October 2014 be confirmed.
5 BUSINESS ARISING FROM MINUTES
6 MAYORAL MINUTE
OF BUSINESS
10 PLANNING, ENVIRONMENT AND LIFESTYLE REPORTS
10.1 DA 14-1899 CHANGE OF USE - HEALTH CONSULTING ROOMS - LOT 1
DP21143, 271 NEW ENGLAND HIGHWAY, RUTHERFORD
RECOMMENDATION: APPROVAL
Environment and Lifestyle
Leanne Harris - Development Assessment
Applicant: Loris Avril Chahl
Proposal: Change of Use – Health Consulting Rooms
Location: 271 New England Highway, Lot 1 DP21143
Zone: R1
EXECUTIVE SUMMARY
The proposal seeks consent for a change of use from an existing residential dwelling to
health consulting rooms at Lot 1, DP21143, 271 New England Highway, Rutherford. The
application is referred to Council for determination as one (1) objection was received as a
result of Council’s advertising and notification process.
The subject site is located on the intersection of Arthur Street and the New England
Highway and has existing driveway access to Arthur Street. The subject site is zoned R1
General Residential under the Maitland Local Environmental Plan 2011 (MLEP 2011) and
has a land size of 594.4m2. The change of use to health consulting rooms is permissible in
the R1 zone and pursuant to Clause 57 in State Environmental Planning Policy
(Infrastructure) 2007.
The proposal is for three consult rooms and includes the demolition of the existing
carport and shed, minor internal refurbishments of the dwelling, construction for the
provision of off-street car parking for four vehicles, including a disabled parking space
and disabled access ramp to the entrance of the dwelling.
The proposal was advertised for a period of 14 days from 21 August 2014 to 4 September
2014 and as a result of this process one (1) submission was received. The submission
raised issues in relation to :
11 NOVEMBER 2014
DA 14-1899 CHANGE OF USE - HEALTH CONSULTING ROOMS - LOT 1 DP21143, 271 NEW ENGLAND HIGHWAY, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)
Maitland City Council | Ordinary Meeting Agenda P3
Car parking;
Zoning and existing infrastructure;
Fragmentation of the area.
These issues are not considered significant enough to warrant refusal of the proposal.
An assessment of the proposal has been undertaken against Section 79C (1) of the
Environmental Planning and Assessment Act 1979 (NSW) and is considered to be
appropriate for the following reasons:
The proposal is permitted with consent within the R1 General Residential zone and
State Environmental Planning Policy (Infrastructure) 2007;
The proposed change of use will provide additional health facilities in the area; and
The proposal has been assessed against the requirements of the Maitland City Wide
Development Control Plan 2011 (MDCP 2011), specifically Part C – Design Guidelines,
C.11 ‘Vehicular Access and Car Parking’, and is determined to be consistent with the
objectives set out in the MDCP 2011.
Accordingly, it is recommended that the application for change of use – health consulting
rooms be approved by Council subject to conditions.
OFFICER’S RECOMMENDATION
THAT DA14-1899, for Change of Use – Health Consulting Rooms at Lot 1, DP21143,
271 New England Highway, Rutherford, be approved subject to conditions of
consent set out in the attached schedule.
INTRODUCTION
The purpose of this report is to provide Council with an assessment of the proposal
to enable determination of the development application. This report is provided to
Council on the basis that one (1) objection was received during the notification
timeframe.
BACKGROUND / SITE DESCRIPTION
The subject site is located at 271 New England Highway, Rutherford, and is legally
described as Lot 1, DP21143. The subject site is zoned R1 General Residential under
the Maitland Local Environmental Plan 2011. The site is well positioned in terms of
access to local facilities and public transport and is sited within an existing
established area of Rutherford. The subject site has a land area of 594.4m2 and is not
located on Council’s mapping as subject to bush fire or flooding, nor is the site
11 NOVEMBER 2014
located within a Heritage Conservation Area. The surrounding land uses comprise of
detached residential dwellings to the north, south and west, and business and
commercial premises to the east. The subject site and surrounding land is shown in
Figure 1 below.
11 NOVEMBER 2014
11 NOVEMBER 2014
PROPOSAL
The proposal seeks consent for a change of use from a residential dwelling to health
consulting rooms, comprising of three (3) consulting rooms, an office, reception and
waiting room, staff lunch room, disabled washroom and two additional bathroom
facilities, and makes provisions for four (4) car parking spaces, including one (1)
disabled space. Plans of the proposal are included as attachment No. 2.
The proposal included the demolition of standalone shed in the rear of the property
and a small portion of the external wall on the north-western elevation to facilitate
car parking. The proposal also includes the use of the current driveway as well as the
construction of a new driveway, allowing for separate forward entry and exit from
the site.
The premises will operate during normal business hours being 8:30am to 5:30pm
Monday to Friday.
PLANNING ASSESSMENT
The proposal has been assessed under the relevant matters for consideration
detailed in Section79C (1) of the Environmental Planning and Assessment Act 1979
(NSW) as follows:
Local Environmental Plan
The Maitland Local Environmental Plan 2011 (MLEP2011) applies to the proposal. The
subject site is zoned R1 General Residential pursuant to the provisions of the MLEP
2011. The change of use to health consulting rooms is permissible within the R1 zone
with Council consent and is considered to meet the objectives of the zone as it
provides a facility and service which will meet the day to day needs of residents.
State Environmental Planning Policies
As per State Environmental Planning Policy (Infrastructure) 2007, Division 10 ‘Health
Service Facilities’, the development for the purpose of health service facilities may be
carried out with consent on land is a prescribed zone. The R1 General Residential
zone is listed as a prescribed zone under this SEPP. Health services facility
incorporates any facility used to provide medical or other services relating to the
maintenance or improvement of the health, or the restoration of health, of persons or the
prevention of diseases in or treatment of injury to persons. This includes Health
Consulting Rooms.
11 NOVEMBER 2014
Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been
placed on public exhibition
No draft environmental planning instruments are relevant to this proposal.
Section 79C(1)(a)(iii) any development control plan
Maitland City Wide Development Control Plan (DCP) applies to the subject site and
contains provisions which relate to development in a residential area. The
considerations and specific criteria under the relevant chapters are addressed
below:
Maitland City Wide Development Control Plan: Part C, Chapter 1 ‘Accessible Living’
The proposal includes provisions to meet the requirements of the Accessible Living
Chapter of the DCP with the construction of an access ramp, disabled washroom
facilities and a disabled parking space and associated shared area – nominated as a
No Parking space with bollard.
Maitland City Wide Development Control Plan: Part C, Chapter 11 ‘Vehicular Access
and Car Parking’
In accordance with the DCP, the proposal is defined as business premises, which
includes offices and doctors surgeries. As such, car parking is to be provided at the
rate of one (1) space per 40m2 of floor area. The approximate floor area of the
premises is 135m2 which equates to 3.375 (say 4) spaces. The proposal provides four
(4) car spaces on site, including a disabled parking space. All car parking dimensions
meet Council’s standards and forward entry and exit is available to and from the site.
Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the
purposes of this paragraph)
The Environmental Planning and Assessment Regulation 2000 (NSW) does not trigger
any additional issues to be considered.
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
Traffic Generation, Access and Car Parking
The proposal will result in increased vehicle movements to and from the subject site.
An off-street car park is to be constructed providing four (4) vehicle parking spaces
including one disabled car parking space. Vehicles will have a separate entrance and
exit from the site to enable forward movement to and from the facility via Arthur
Street. Whilst it is expected that movements to and from the site will be higher than
that of a typical residential dwelling, the proposal is considered acceptable given the
location of the site to the New England Highway, the existing traffic volumes on the
11 NOVEMBER 2014
local street network, and the availability of on street parking in the surrounds As
such, while some impacts on traffic generation, access and car parking are expected,
they are not expected to be significant.
Stormwater and Drainage
An existing drainage system is present onsite, however the proposal seeks to
increase the amount of hard surface on site. A drainage concept plan has been
submitted with this application. Should Council approve the application, a condition
of consent is recommended for a detailed stormwater drainage plan to be submitted
to and approved by Council, prior to the issue of a Construction Certificate.
Landscaping
Landscaping is to be incorporated into the proposal with a landscaping strip along
the northern elevation of the site (Arthur Street) to soften the proposed access
ramp. A landscaping strip is also to be used behind the car parking area, to reduce
the amount of hardstand. As the subject site is an existing residential dwelling, there
is some existing landscaping on site, which will be retained.
Residential Amenity
The proposal will result in a change of use from a residential land use to a small scale
commercial use. Notwithstanding, it is not expected that the proposal would have a
significant impact on the residential amenity of the locality. The locality already
experiences a higher than standard level of noise due to the proximity to the New
England Highway. Further, as the operation is limited to business hours, it is not
expected that there will be significant after hours noise impacts from the
development. The proposal will still maintain the residential character, bulk and
scale of the existing dwelling and as such, it is unlikely that the proposal would have
any significant impact on the residential amenity within the locality.
Social and Economic Impact
The proposal would result in a positive social and economic impact within the
locality through the provision of additional medical services to service the local
community.
Cumulative Impact
The proposal is unlikely to result in a significant cumulative impact. The surrounding
land use is a mixture of residential and non-residential land uses. The proposal is
considered appropriate given the surrounding locality. The impacts identified above
can be managed on site, and as such are unlikely to result in significant impacts.
Section 79C(1)(c) the suitability of the site for the development
11 NOVEMBER 2014
The proposal is compliant with the relevant planning policies. The site is zoned R1
General Residential and the proposal is permissible in the zone. The subject site is
identified as suitable for the proposal.
Section 79C(1)(d) any submissions made in accordance with this act or the regulations
The proposal was advertised for a period of 14 days from 21 August 2014 to 4
September 2014 and as a result of this process one (1) submission was received and
is included as attachment No. 3. Issues raised in the submissions are discussed
below.
inadequate for a facility with 3 consulting
rooms. Any overflow parking would then
be relegated to the side street where
there is only minimal distance to the
cross street, Neville St. This would result
in clients parking in the vicinity of other
residential properties, with the obvious
reduction in their private amenity.
The provisions for car parking meet the
current requirements under the
Plan. As stated above, the development
requires 3.375 car parking spaces, in
which 4 spaces are provided.
Multiple site visits have shown that for
the majority of time there is sufficient
availability of parking within the locality
and minimal traffic movements along
Arthur Street and Neville Street.
As the development is to operate during
normal business hours of 8:30am to
5:30pm Monday to Friday, is it not
expected that the surrounding
impacted in terms of private amenity.
Clients attending this facility who then
chose to continue business in the
commercial zones opposite, while leaving
their vehicles parked on this side of the
highway, would interfere with the traffic
flow from the new Arthur St upgrade. ie
the increased use of the pedestrian lights
prevents the egress of vehicles existing
left from Arthur st in the commercial
precent onto the highway.
the health care facilities would leave
their vehicles at the premises and walk
to the commercial precinct. There are
adequate provisions for car parking
closer to the shops which would allow
people to use shopping trollies/carts
without having to push them across the
New England Highway.
and Arthur Street is already a signalised
traffic light with provisions for
pedestrian access. It is not expected that
11 NOVEMBER 2014
Issue Comment
to the development would have
significant impacts upon the traffic flow
of the New England Highway.
While the proposed change of use may
currently fit with Council’s current
zonings, there is already an abundance
of land within the commercial zone, in
Arthur St adjacent to the Community
Centre and immediately opposite 271
New England Highway, where DA’s for
Health Facilities are still in place but have
been undeveloped owning to lack of
interest from other health professionals.
These DA’s provide good off-street
parking for clients, as was a requirement
by Council at the time. They are also in
the commercial area and do not
fragment the business centre as such.
The proposal is consistent with current
legislation and complies at both Local
and State level.
before Council and other applications are
not relevant to the determination of this
proposal.
the new McKeachie’s centre.
Council can only assess the application
lodged. The development is permissible
with consent in the zone and meets the
requirements of Local and State
legislation.
the Local Centre and would be suitable
for a similar development as this
proposal, without fragmenting the
application as it has been lodged.
Is it not expected that there will be any
significant impacts to the residential
amenity of the locality.
the existing dwelling and as such, it is
unlikely that the proposal would have
any significant impact on the residential
amenity within the locality.
11 NOVEMBER 2014
Section 79C(1)(e) the public interest
It is considered that the proposal is consistent with the character of the locality and
compliant with the objectives of the zone. It is considered that the proposal is not in
conflict with the greater public interest.
Issue Comment
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 undertaken against Section 79C(1) of the
Environmental Planning and Assessment Act, 1979 as amended. The proposed
development is considered acceptable in terms of the relevant matters for
consideration under the Act and the development application is recommended for
approval.
11 NOVEMBER 2014
SCHEDULE OF CONDITIONS
Reason for Condition(s)
The following condition(s) have been applied to the development, subject of this consent, to
ensure that the development meets the requirements of the NSW Environmental Planning and
Assessment Act 1979, the NSW Environmental Planning and Assessment Regulation 2000, and
the various policies and development controls of Maitland City Council and other government
agencies relevant to the development being undertaken.
APPROVED PLANS AND DOCUMENTATION
1. The development shall be carried out in accordance with the stamped approved
plans and documentation as detailed in the following schedule and any amendments
arising through conditions to this consent or as shown in red colour on the plans:
Plan Ref No. Sheet
CERTIFICATES
2. The applicant shall submit to Council a “Notice of Commencement” form at least two
(2) days prior to the commencement of construction works.
3. Prior to the commencement of works an application for a Construction Certificate
shall be submitted to, and be approved by, the Accredited Certifier.
4. Prior to the issue of an Occupation Certificate all conditions of development consent
shall be complied with.
BUILDING CONSTRUCTION
5. All building work shall be carried out in accordance with the provisions of the Building
Code of Australia.
6. Upon completion of the building BUT prior to its occupation, a Final Fire Safety
Certificate with respect to each critical and essential fire safety measure installed in
the building shall be submitted to Council. Such certificates shall be prepared in
accordance with Division 4 of Part 9 of the Environmental Planning and Assessment
Regulation, 2000.
11 NOVEMBER 2014
7. A copy of the Fire Safety Schedule and Fire Safety Certificate shall be prominently
displayed in the building in accordance with Division 4 of Part 9 of the Environmental
Planning and Assessment Regulation 2000.
8. A Fire Safety Statement in respect of each required essential and/or critical fire safety
measure installed within the building shall be submitted to Council and the NSW Fire
Commissioner annually (or at a more frequent interval for supplementary
statements).
Statements shall be prepared and issued in accordance with Division 5 of Part 9 of
the Environmental Planning and Assessment Regulation, 2000. Note that monetary
penalties may apply for failure to lodge a fire safety statement within the prescribed
timeframe.
Statements to the NSW Fire Commissioner are to be submitted electronically to
[email protected]
Standard forms and further information for lodging Fire Safety Statements may be
downloaded from Councils website.
CARPARKING
9. Car parking for the development shall be provided in accordance with the approved
plans, with a minimum allocation for the development of 4 spaces.
10. All driveways, parking areas and vehicles turning areas shall be constructed with a
segmental paver surface (on a concrete sub-base), or as reinforced concrete.
11. All parking bays shall be delineated with line-marking and/or signposting.
LANDSCAPING 12. Prior to the issue of a Construction Certificate a detailed landscape plan is to be
prepared and submitted to Council for approval. 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
is to include additional landscaping between the car parking bays and the southern
boundary as shown in red on the plans.
VEHICLE ACCESS
13. Prior to commencement of construction of the driveway crossing on the public
footway verge, the works shall have been approved by Council. An application form,
“Application to Construct Private Works on Footway” shall be submitted to Council,
together with the appropriate fee (for each driveway).
11 NOVEMBER 2014
14. Prior to issue of the Occupation Certificate the driveway layout and profile shall be
constructed in concrete (heavy duty), in accordance with Council’s Manual of
Engineering Standards, which include the retention of (or if damaged reconstruction
as plain concrete of) any existing footpath, and with reference to Council’s
information document “Footway Crossings (Driveways)”.
PATHS
15. Prior to the issue of the Occupation Certificate a pedestrian path 1.5m wide, along
Arthur St for the full length of the development, shall be provided in accordance with
Council’s Manual of Engineering Standards.
16. Prior to commencement of works within an existing public road reserve;
an engineering design, in accordance with Council’s Manual of Engineering
Standards, shall be submitted to Council for approval,
consent under the Roads Act for the approved works, shall be issued by
Council,
all relevant Council fees shall be paid,
a traffic control plan in accordance with the RMS publication “Traffic control at
Worksites” shall be submitted to, and be approved by, Council.
STORMWATER DRAINAGE
17. Prior to issue of the Construction Certificate, a detailed stormwater drainage plan,
providing:
i) On-Site Detention (OSD) of stormwater, and
ii) an emergency overland flow path for major storm events, that is directed to
the public drainage system, and
iii) entrapment of gross pollutants, nutrients and hydrocarbons generated from
the contributing ground-surface catchment areas,
iv) conveyance where necessary, of stormwater through the site from
upstream catchments, (including roads and adjoining properties),
v) detailed pavement finished surface levels, to ensure stormwater runoff
catchment and its direction into the detention system.
shall be designed in accordance with Council’s Manual of Engineering Standards.
The design shall be based on the concept plan number 239165 Sheet 1 dated
15/07/2014
11 NOVEMBER 2014
18. Prior to Occupation or Operation of the development, a Stormwater System
Maintenance Procedure Plan shall be prepared by an engineer, detailing a regular
maintenance programme for pollution control devices, covering inspection, cleaning
and waste disposal, a copy of which shall be supplied to the owner/operator.
19. Prior to issue of the Occupation Certificate, the stormwater-control system shall be
constructed in accordance with the approved stormwater drainage plan.
GENERAL PROVISIONS
20. 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.
21. 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.
Note: 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.
22. No building materials, refuse or spoil is to be deposited on or be allowed to remain
on Council's footpath.
23. Suitable and adequate measures are to be applied to restrict public access to the site
and building works, materials and equipment.
24. Disabled Access and Sanitary Facilities shall comply with Part D3 and F2.4 of the
Building Code of Australia.
25. Light and Ventilation to rooms is to comply with Part F4 of the Building Code of
Australia.
26. Door furniture to egress doors is to comply with Part D2.21 of the Building Code of
Australia.
ADVICES
The following advice is limited in scope and should not be understood to encompass all areas of
responsibility of the consent holder, relating to the development.
11 NOVEMBER 2014
A. You are advised that where underground works within the road reserve are
required for necessary for supply of services (such as water, sewer, electricity, gas),
further consent for a “Road Opening” must be obtained from Council.
Refer to Council’s form: “Application for Registration to Open Roads/Footpaths”.
B You are advised that in regard to potential soil erosion from the construction site,
such pollution of the environment is an offence under the Protection of the
Environment & Operations (POEO) Act and may incur infringement fines.
C You (or the owner) are advised to notify Council in writing, of any existing damage to
the street infrastructure (including landscaping) along the frontage of the property,
prior to commencement of construction. The absence of such notification signifies
that no damage exists. Where necessary repairs are carried out by Council, the
owner of the property shall be held liable for the cost of those repairs.
D You are advised that there may be design matters in relation to the drainage concept
plan that warrant further attention prior to the issue of the Construction Certificate.
E You are advised that, prior to pouring of internal concrete driveways and kerbs,
which act as surface depression storage for the stormwater detention, (and/or
surfaces which divert runoff to those storage areas), levels should be confirmed, by
survey, on formwork and control marks.
F You are advised that further consent for a driveway across the footway verge must
be obtained. Inspections of works (eg formwork & reinforcement MUST be carried
out by Council. (See Council’s “Application To Construct Private Works On Footway”).
You should contact Council (ph. 49 34 9700), giving at least 24 hours notice for
inspections.
G You are advised that the issue of this development consent does not amount to a
release, variation or modification by Council of any covenant or easement applicable
to this property and that Council will not be held responsible when action on this
consent results in any loss or damage by way of breach of matters relating to title of
the property.
H You are advised that compliance with the requirements of the Disability
Discrimination Act, (DDA) applies to works on this site. It should be noted that
compliance with the Building Code of Australia does not necessarily meet the
requirements of the DDA.
I You are advised that any proposed advertising signs are subject to a separate
Development Application to Council.
ORDINARY MEETING AGENDA 11 NOVEMBER 2014
Planning, Environment and Lifestyle
CONSULTING ROOMS - LOT 1
DP21143, 271 NEW ENGLAND
Attachment No: 1
NEW ENGLAND HIGHWAY, RUTHERFORD
Attachment No: 2
NEW ENGLAND HIGHWAY, RUTHERFORD
Attachment No: 3
11 NOVEMBER 2014
10.2 DA 14-1978 DUAL OCCUPANCY (ATTACHED) AND STRATA SUBDIVSION -
LOT 8830 DP1076205, 7 CONDER CRESCENT METFORD
APPLICANT: Toner Design P/L
PROPOSAL: Two (2) Three Bedroom Attached Dual Occupancy and
Strata Subdivision
ZONE: R1
EXECUTIVE SUMMARY
The proposal seeks consent for the construction of a dual occupancy (attached) and two
lot Strata subdivision at Lot 8830 DP1076205, 7 Conder Crescent, Metford. The application
is referred to Council for determination as one (1) objection was received as a result of
Council’s advertising and notification process.
The subject site is zoned R1 General Residential under the Maitland Local Environment
Plan 2001 (MLEP 2011) and has a land size of 521.59m2. The subdivision of land and
erection of a Dual Occupancy (attached) is a permissible form of development in the R1
zone subject to Council consent. The proposal seeks consent to Strata subdivide the land
into Unit 1 (238.6m2) and Unit 2 (237.08m2) with the driveway (45.91m2) as common
property. The proposal includes the construction of a two (2) three bedroom attached dual
occupancy.
The proposal is Integrated Development under the Environmental Planning and
Assessment Act 1979 (NSW) for the purposes of authorisation under section 100B of the
Rural Fires Act 1997 in respect of bush fire safety of subdivision of land and General Terms
of Approvals have been provided. The proposal was advertised and notified for a period of
14 days from 11 September 2014 to 24 September 2014. As a result of this process, one (1)
submission was received. The submission raised issues in relation to:
Overshadowing;
11 NOVEMBER 2014
DA 14-1978 DUAL OCCUPANCY (ATTACHED) AND STRATA SUBDIVSION - LOT 8830 DP1076205, 7 CONDER CRESCENT METFORD RECOMMENDATION: APPROVAL (Cont.)
Traffic concerns;
Overdevelopment.
These issues are not considered significant enough to warrant refusal of the proposal.
An assessment of the proposal has been undertaken against Section 79C (1) of the
Environmental Planning and Assessment Act 1979 (NSW). The proposal is considered to
the appropriate for the following reasons:
The proposal will result in additional dwellings to be erected within the locality;
The proposal is permitted with consent with the R1 General Residential zone and is
consistent with the relevant objectives of the zone; and
The proposal has been assessed against the requirements of the Maitland City
Wide Development Control Plan 2011 (MDCP 2011), specifically Part C – Design
Guidelines, C.8 ‘Residential Design’, C.10 ‘Subdivision’ and C.11 ‘Vehicular Access
and Car Parking’ and is determined to be consistent with the MDCP 2011.
Accordingly, it is recommended that the application for a two (2) three bedroom attached
dual occupancy and strata subdivision be approved by Council subject to conditions.
THAT DA14-1978, for Dual Occupancy (Attached) and Strata Subdivision at Lot 8830
DP1076205, 7 Conder Crescent, Metford, be approved subject to conditions of
consent set out in the attached schedule.
INTRODUCTION
The purpose of this report is to provide Council with an assessment of the proposal
to enable determination of the development application. This report is provided to
Council on the basis that one (1) objection was received during the notification
timeframe.
BACKGROUND / SITE DESCRIPTION
The subject site is located at 7 Conder Crescent, Metford, legally described as Lot
8830 DP1076205. The subject site is zoned R1 General Residential under the Maitland
Local Environmental Plan 2011 (MLEP 2011). The subject site has a land area of
521.6m2 and is a regular shaped allotment. The site is mapped as bush fire prone and
the proposal is for integrated development. The surrounding land uses comprise of
detached residential dwellings and dual occupancies. The subject site and
surrounding land is shown in the Figure 1 below.
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Figure 1: Aerial of Subject Site in Locality.
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PROPOSAL
The proposal seeks consent to construct attached dual occupancy and strata
subdivision. Each unit will contain three (3) bedrooms, a bathroom, laundry, kitchen,
meals, family and lounge room, a patio and a single garage.
The proposal includes the strata subdivision of one lot into two. The 521.6m2 lot will
be subdivided to create:
Proposed Unit 1 – 238.6m2;
Common Property (driveway) – 45.91m2
Access to the units is via a shared driveway off Conder Crescent.
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
(NSW) as follows:
Local Environmental Plan
The Maitland Local Environmental Plan 2011 (MLEP 2001) applies to the proposal. The
subject site is zoned R1 General Residential pursuant to the MLEP 2011. The
proposed development is defined under the MLEP 2011 as “dual occupancy” and
“subdivision” which are permissible land uses in the zone with Council consent. The
proposal is considered to be consistent with the zone objectives, as follows:
To provide for the housing needs of the community.
To provide for a variety of housing types and densities.
To enable other land uses that provide facilities or services to meet the day to day
needs of residents.
The proposal will provide increased housing stock in the area to cater for the housing
needs of the community and will assist in the delivery of a variety of housing types
and densities within the locality.
State Environmental Planning Policies
applicable to the subject application. BASIX Certificates were submitted with the
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proposal. The submitted plans are consistent with the requirements as outlined in
the BASIX Certificates.
Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been
placed on public exhibition
No draft environmental planning instruments are relevant to this proposal.
Section 79C(1)(a)(iii) any development control plan
Maitland City Wide Development Control Plan (DCP) applies to the subject site and
contains provisions which relate to residential design and subdivision. The
considerations and specific criteria under the relevant chapter are addressed below.
Maitland City Wide Development Control Plan Chapter C.8 ‘Residential Design ’
The proposal has been assessed in accordance with the relevant clauses of the
Residential Design section of the DCP, as outlined in the following table.
Section Requirement Comment Compliance
submitted with the
incorporated into the design.
submitted with application.
retaining cut.
400mm which complies with
principle street frontage is
to street boundary.
the building and Unit 2 has a
minimum of 5.305m. The
minimum setback for the
is under the DCP
requirements, however this is
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site is 262.82. This is 50% of
the site and meets the
requirements for unbuilt
storey nature and under the
maximum height.
character with surrounding
street elevations of the
accessible open space with
with the inclusion of
and Unit 2 has a minimum
space of 58.78m 2 .
constructed.
N/A
submitted with the proposal.
submitted showing details of
plant species and locations.
the area.
compatible with the character
privacy.
the northern, eastern and
minimum of 2.7m wide and
minimum grade 4:1 (H:V). To
comply with Council’s Manual
of Engineering Standards.
dwelling,
spaces for each three (3)
bedroom unit in the form of a
single garage and space for
stacked parking.
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adjoining properties should
colorbond dividing fence are
privacy.
Yes
complying with SEPP BASIX
submitted that complies with
Council’s Manual of
in appropriate locations.
street frontage for casual
appropriate locations
Maitland City Wide Development Control Plan Chapter C.10 ‘Subdivisions’
The proposal seeks consent for a two lot Strata Title subdivision. The proposed
development is situated on a vacant lot with no significant vegetation. The site is
currently covered in grass. The site is mapped as bush fire prone land. The proposal
has been referred to the NSW Rural Fire Service who provided conditions to be
implemented to reduce risk to an acceptable level. Lot size and dimensions for the
proposed subdivision are consistent with the DCP requirements and considered
satisfactory. Unit 1 comprises (238.6m2) and Unit 2 comprises (237.08m2) with the
driveway (45.91m2) as common property.
Maitland City Wide Development Control Plan Chapter C.11 ‘Vehicular Access and Car
Parking’
Each three (3) bedroom unit is provided with two (2) car parking spaces, comprising
of a single garage as well as space for stack car parking. This is consistent with the
requirements of the DCP.
The proposal will utilise the existing 3.0m wide concrete access with a proposed
driveway extension perpendicular to the existing access. Due to the nominal garage
setbacks and existing road corridor widths, sight distances can be easily achieved for
the proposed development. A reverse out vehicle movement from the site is
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considered acceptable given the low speed and low volume environment of the
surrounding road network.
There are no additional management plans, policies or strategies applicable to this
proposal.
Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the
purposes of this paragraph)
The Environmental Planning and Assessment Regulation 2000 (NSW) does not trigger
any additional issues to be considered.
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 sited within an established residential area and is not
anticipated to have any negative impacts on the locality or surrounding
developments. The site has adequate street frontage to Conder Crescent and it is
expected that vehicle movements during construction will be within be within traffic
patterns for the locality. It is not anticipated that the development will have any
significant impacts on public open space or pedestrian linkages.
Utilities (reticulated water, sewerage, electricity and telecommunications) are
available on site. The subject site is not located within or near to a listed heritage
conservation area. The subject lot is residential in nature and will not have a
significant impact on any valuable land resources. It is not anticipated that the
proposed development will have any significant impacts on local water resources,
soil quality, air quality or flora and fauna.
A waste management plan has been submitted which details satisfactory methods of
waste disposal for both the construction phase and ongoing waste. It is expected that
an acceptable level of noise and potentially vibrations will occur through the
construction phase. There are no anticipated noise impacts after construction. There
are no anticipated risks to people, property or the biophysical environment. It is
expected that throughout the design stage, suitable security measures have been
included. The economic impacts of the proposed development will be beneficial for
the local building industry. The proposed development is considered to be
appropriate for the intended use. The proposal will not create any cumulative
impacts upon the area.
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Section 79C(1)(c) the suitability of the site for the development
The proposed Dual Occupancy (Attached) and Strata Title subdivision will not have
any significant impacts on the locality as it is consistent with the scale and density of
the R1 General Residential zone. The proposal is complimentary to the surrounding
dwellings and will fit well in the streetscape. The subject site is considered conducive
to the proposed development.
Section 79C(1)(d) any submissions made in accordance with this act or the regulations
This application was notified for a period of 14 days from 11 September 2014 until 24
September 2014. As a result of this process, one (1) submission was received. The
issues raised from the submission are detailed below.
Issue Comment
property by the fact that the shadow
drawing indicates a severe blockage of
sunshine and light to our property and
thus it deprives us of morning winter sun
to our kitchen window and also to our
back patio and patio garden and limits
our right to quiet enjoyment of an
integral part of our home.
Shadow diagrams shows that the single
storey development will shadow the
adjoining dwelling for approximately one
hour in the morning (from 9am) while the
rest of the day has no impact. This meets
the requirement under C.8 ‘Residential
Design’ of the DCP, which states
“development shall not reduce the
sunlight available to the windows of
living areas that face north to less than 3
hours sunlight between 9am and 3pm”
It creates potential traffic problems in
that the positions of the buildings
garages is too close to the bend of the
road and the entrance to the stencilled
concrete access road so as to make
negotiation from the road to the
building’s garage hazardous.
distances can be easily achieved for the
proposed development which and vehicle
movements from the side are considered
acceptable in terms of safety.
Should the occupants of the two units
have more than one vehicle each (which
it likely) then parking becomes a real
problem as there is nowhere to park the
extra vehicles without blocking the
access to the stencilled concrete
driveway to our property thus severely
limiting our right of access to our home.
To our minds this is a serious
infringement.
parking spaces which meets the
requirements under the Maitland City
Wide Development Control Plan 2011
(MDCP 2011). It is noted that the
“stencilled concrete driveway” is a
designated public road. The proposal will
utilise the existing 3.0m wide concrete
access with a proposed driveway
extension perpendicular to the existing
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Issue Comment
with potential of upwards of four
children living in the units where do they
play with minimal back yard space except
on the road at a dangerous corner.
The private open space detailed on the
proposal plans, as mentioned above,
exceeds the requirements set out in the
MDCP 2011.
small size of the block would council
consider approving a six bedroom house
on such a small block? I would hazard a
guess that probably not but here is
effectively two three bedroom
dangerous corner, this does not seem
logical to say the least.
A dwelling house is permissible on the
site. Council do not restrict the amount
of bedrooms in a development. Any
application for development is
relevant Environmental Planning
Instruments (EPI’s)
Section 79C(1)(e) the public interest
It is considered that the proposal is consistent with the desired future character of
the locality and compliant with the objectives of the zone. Furthermore, the proposal
will provide an additional lot for a future development within the locality. Overall, it
is considered that the proposal is not in conflict with the greater public interest.
This matter has no direct financial impact upon Council’s adopted budget or forward
estimates.
Statutory implications relating to assessment of the subject application have been
addressed in the body of the report
CONCLUSION
An assessment of the proposal has been carried out under Section 79C of the
Environmental Planning and Assessment Act 1979 (NSW). The proposed development is
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considered satisfactory in terms of the relevant matters for consideration under the
Act and development is recommended for approval.
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SCHEDULE OF CONDITIONS
Reason for Conditions
Confirm and clarify the terms of Council’s Approval;
Identify minor modifications and additional requirements that will result in
improved compliance, development and environmental outcomes; and
Draw to the attention of the applicant and owner their responsibility to comply with
the requirements of various legislation including but not limited to the
Environmental Planning and Assessment Act, 1979, Local Government Act 1993;
relevant Regulations; Building Code of Australia, Australian Standards and Local
Policies relating to development works, building construction and protection and
enhancement of public health and the environment.
APPROVED PLANS AND DOCUMENTATION
1. The development shall be carried out in accordance with the stamped
approved plans and documentation as detailed in the following schedule and
any amendments arising through conditions to this consent or as shown in
red colour on the plans.
Plan Ref No. Sheet
TD_14/082 DA_03-DA05, DA07 B 26/09/2014 Toner Design
CONTRIBUTIONS & FEES
2. Pursuant to Section 80A(1) of the Environmental Planning and Assessment Act
1979, and the Maitland S94 Contributions Plan (City Wide) 2006, a contribution
of $13,436 shall be paid to the Council.
The contribution is calculated from Council's adopted Section 94 Contributions
Plan in the following manner:
3 bedroom Total
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2006(A) Citywide Cultural Facilities 1 x $932 $932
2006(A) Citywide Community Facilities 1 x $2,070 $2,070
2006(A) Citywide Cycleways/Shared Paths 1 x $213 $213
2006(A) Citywide Management/Admin 1 x $198 $198
_____
$13,436
The above contributions rates are indexed, at least annually, with reviewed rates to apply
from 1st February each year in accordance with the provisions ofthe Maitland Section 94
Contributions Plan (Citywide) 2006. Please refer to Council's web page for the current rates
applicable.
Payment of the above amount shall apply to Development Applications as follows:
- Subdivision only - prior to issue of the Subdivision Certificate.
- Building work only - prior to issue of the Construction Certificate.
- Subdivision and building work - prior to the issue of the Construction Certificate, or
Subdivision Certificate, whichever occurs first.
- Where no construction certificate is required - prior to issue of an Occupation
Certificate.
- For extractive industries - annually from the date of issue of development consent.
The above "contribution" condition has 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 Council's adopted contributions plan prepared in accordance with 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. Prior to issue of the Strata Certificate, by Council, an original
administration sheet and four copies of the survey plans, shall be submitted
to Council, together with the payment of the applicable Subdivision
Certificate fee current at the date of issue.
CERTIFICATES
3. Prior to the commencement of works an application for a Construction
Certificate shall be submitted to, and be approved by, the Accredited Certifier.
4. Prior to issue of the Construction Certificate and/or Subdivision
Certificate a Compliance Certificate under Section 50 of the Hunter Water
Act 1991, for this development, shall be submitted to the Accredited Certifier.
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5. Prior to the issue of an Occupation Certificate all conditions of
development consent shall be complied with.
6. Prior to occupation of the building an Occupation Certificate shall be issued
by the Principal Certifying Authority.
7. Prior to issue of the Strata Certificate, all conditions relating to
Development Consent DA14-1978 shall be completed and/or satisfied and a
Final Occupation Certificate issued.
8. The applicant shall submit to Council, “Notice of Appointment of the Principal
Certifying Authority” at least two (2) days prior to the commencement of
construction works.
9. (1) Building work that involves residential building works (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, is sufficient
evidence that the person has complied with the requirements of that part.
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LANDSCAPING
10. All landscaped areas of the development shall be maintained in accordance
with the approved landscape plan. The landscaped areas shall be kept free of
parked vehicles, stored goods, garbage or waste material and the like.
CARPARKING
11. All driveways, parking areas and vehicles turning areas shall be constructed
with a segmental paver surface (on a concrete sub-base), or as reinforced
concrete.
VEHICLE ACCESS
12. Prior to commencement of construction of the driveway crossing on the
public footway verge, the works shall have been approved by Council. An
application form, “Application To Construct Private Works On Footway” shall be
submitted to Council, together with the appropriate fee (for each driveway).
13. Prior to issue of the Occupation Certificate the driveway shall be
constructed, in accordance with Council’s Manual of Engineering Standards,
which includes the retention of (or if damaged reconstruction as plain
concrete of) any existing footpath, and with reference to Council’s
information document “Footway Crossings (Driveways)”.
STORMWATER DRAINAGE
14. Prior to issue of the Construction Certificate, a detailed stormwater drainage
plan, providing:
b) an emergency overland flow path for major storm events,
shall be prepared and designed in accordance with Council’s Manual of
Engineering Standards
The design shall be based on the concept plan number 1, Rev B dated
15/09/14.
15. Prior to issue of the Occupation Certificate, the stormwater-control system
shall be constructed in accordance with the approved stormwater drainage
plan.
16. Final discharge of collected stormwater runoff shall be piped, in accordance
with Council’s Manual of Engineering Standards to the existing site drainage
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system, or the street gutter with a “kerb adaptor” (see Council’s Standard
Drawing), or to an existing street pit (cut flush and mortared) or as approved
by Council. Stormwater pipes across the footway shall be “100mm sewer
grade” and shall be under-bored beneath any existing concrete path, or
alternatively by the removal of one complete slab segment between joints
and replaced in concrete, dowelled to the existing path and finished similar to
the adjoining surface.
EROSION CONTROLS
17. The property shall be protected against soil erosion, such that sediment is not
carried from the construction site by the action of stormwater, wind or
“vehicle tracking”.
BUILDING CONSTRUCTION
18. All building work shall be carried out in accordance with the provisions of the
Building Code of Australia (BCA).
SITE REQUIREMENTS
19. 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.
20. 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.
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.
A Construction Certificate is required for all retaining walls which exceed 900mm
in height. Construction details for retaining walls may be included with the
Construction Certificate application for the building.
21. 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
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(iii) Must, at least seven (7) days before excavating below the level of the
base of the footings or 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).
22. 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.
23. A temporary toilet shall be provided on site from the time of commencement
of building work to ensure that adequate sanitary provisions are provided
and maintained on the building site for use by persons engaged in the
building activity. The number of toilets provided shall be 1 toilet per twenty
persons or part thereof employed on the site. The temporary toilet is to be
connected to the sewerage system or an approved septic tank or otherwise
may be a chemical toilet supplied by a licensed contractor.
24. Unless otherwise approved by Council in writing, all general building work
shall be carried out between the hours of:
a. 7.00am to 6.00pm Monday to Friday
b. 7.00am to 5.00pm Saturday
Any work performed on Sunday’s or Public Holidays that may cause offensive
noise, as defined under the Protection of the Environment Operations Act, is
prohibited. Minor works (such as hand sanding, painting, digging and the
like) is permitted between the hours of 9.00am to 5.00pm. Power operated
tools are not permitted to be used.
25. All waste shall be contained within a secure enclosure or bin.
26. Waffle pods, if used in the construction of the building, shall not be delivered
to the site unless wrapped or securely tied. The waffle pods are to be secured
on-site to prevent scattering by wind. Off-cuts and unused pods must be
wrapped in plastic or similar material and removed from the site immediately
upon completion of slab construction.
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Note: Where building materials and/or refuse is found to have caused pollution
beyond the boundaries of the development site (eg. blown off-site by wind), the
Council may issue infringement notices / fines as prescribed under the Protection
of the Environment Operations Act 1997.
27. All building materials, plant and equipment shall be contained wholly within
the development site.
28. The Principal Contractor (or Owner/Builder) shall erect a sign in a prominent
position on the site (not attached to any tree) identifying the name, address
and telephone number of the Principal Certifying Authority (PCA) for the
work. The sign shall also display the name, address and telephone number of
the Principal Contractor for the work (or Owner/Builder) and shall state that
unauthorized entry to the site is prohibited. The sign must be maintained
while the work is being carried out and is to be removed when the work is
completed.
29. The site shall be cleared of all building refuse and spoil immediately upon
completion of the building.
APPROVAL
30. The development shall comply with the General Terms of Approval of the New
South Wales Rural Fire Service dated 17 October 2014 as follows:
Water and Utilities
a) Water, electricity and gas are to comply with the section 4.1.3 of ‘Planning
for Bush Fire Protection 2006’.
Design and Construction
b) Construction of the eastern and southern elevations, including the entire
roof shall comply with Section 3 and 7 (BAL 29) Australian Standard
AS3959-2009 ‘Construction of building in bush-fire prone areas’.
c) Construction of the northern and western elevation shall comply with
Section 3 and 6 (BAL 19) Australian Standard AS3959-2009 ‘Construction of
building in bush-fire prone areas’ and section A3.7 Addendum Appendix 3
of ‘Planning for Bush Fire Protection 2006’.
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Landscaping
d) Landscaping to the site is to comply with the principles of Appendix 5 of
‘Planning for Bush Fire Protection 2006’.
ADVICES
The following advice is limited in scope and should not be understood to encompass all
areas of responsibility of the consent holder, relating to the development.
A. You are advised that where underground works within the road reserve are
required or necessary for supply of services (such as water, sewer, electricity,
gas) further consent for a “Road Opening” must be obtained from Council.
Refer to Council’s form “Application for Registration to Open Roads/Footpaths”.
B. You are advised that a “Drainage Plan Assessment fee for the stormwater
detention system, of $150 must be paid prior to the issue of the Construction
Certificate.
C. You are advised that for the driveway works on the footway verge, inspection
by Council is required (eg formwork & reinforcement). See Council’s “Application
to Construct Private Works on Footway”).
D. You are advised that the issue of this development consent does not negate the
responsibility of the land owner in respect to any restriction, covenant or
easement applicable to this property and that Council will not be held
responsible when action on this consent results in any loss or damage by way of
breach of matters relating to title of the property.
E. You are advised that there may be design matters in relation to the drainage
concept plan that warrant further attention prior to the issue of the
Construction Certificate.
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CRESCENT METFORD
Locality Plan
Attachment No: 1
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Development Plans
Attachment No: 2
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Attachment No: 3
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FILE NO: 103/115
RESPONSIBLE OFFICER: Bernie Mortomore - Executive Manager Planning,
AUTHOR: Mark Roser - Strategic Town Planner
MAITLAND +10 Outcome 7. Diverse and affordable housing
COUNCIL OBJECTIVE: 7.2.1 To ensure land and housing choice is consistent
with forecast demographic demand
EXECUTIVE SUMMARY
At its meeting of 12 August 2014, Council resolved to place on public exhibition the draft
Waterford County North Precinct Plan. The draft Waterford County North Precinct Plan
forms part of the Thornton North Area Plan and enables the assessment and
determination of development applications to progress the delivery of residential housing
and associated public infrastructure in this precinct. The Waterford County North Precinct
Plan is the first precinct plan for stage 2 of the Thornton North Urban Release Area.
The purpose of this report is to inform Council of the public exhibition process and present
to Council the finalised draft Waterford County North Precinct Plan, with a
recommendation that the draft precinct plan as presented be adopted.
THAT
1. Pursuant to Clause 21 of the Environmental Planning and Assessment
Regulations, the draft Waterford County North Precinct Plan be adopted as an
amendment to the Maitland City Wide Development Control Plan 2011 and
public notice be given in the local newspaper within 28 days of the decision
being made.
REPORT
The draft Waterford County North Precinct Plan has been prepared consistent with
the aims and objectives of the Thornton North Area Plan (TNAP). Part A of the TNAP
provides “area wide” development objectives and requirements identifying future
outcomes and directions. Part B – Precinct Plans – addresses precinct specific issues
and provides development objectives and requirements in conjunction with Part A.
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DRAFT WATERFORD COUNTY NORTH PRECINCT PLAN (Cont.)
The draft Waterford County North Precinct Plan includes key urban design elements
addressing objectives and requirements to be achieved in the development of the
precinct. This is supported by a plan identifying a road hierarchy, pedestrian and
cycle network, stormwater management and preferred land use patterns. A copy of
the draft Waterford County North Precinct Plan is appended to this report as
Attachment 1.
The Waterford County North precinct provides for the northern connection of the
Thornton North Urban Release Area from Raymond Terrace Rd through to McFarlens
Rd allowing the extension and continuation of the developing residential area of
Waterford County. The development of the Waterford County North precinct will
utilise and extend existing services and road networks to directly service the
proposed new residential area. The development of this precinct will enable the
delivery of significant active open space facilities to service the existing and growing
population of Chisholm.
The extension of the residential area of Waterford County North to the 1% flood level
has always formed part of the Master Plan for the locality to fully utilise flood
constraint free land in the immediate area. The draft Waterford County North
Precinct Plan acknowledges the sensitivity of development adjoining the rural/flood
fringe interface and interface with the E3 Environmental Management zone and
provides specific objectives and guidelines within the Key Development Sites section of
the precinct plan.
• E3 Environmental Management Interface
The objective of this key development area is to make provision for appropriate
subdivision design and urban development on that part of the precinct adjoining the
E3 Environmental Management zone to provide for appropriate environmental
bushfire management.
• Flood Affected Rural Allotments
The objective of this key development area is to ensure the remaining rural, flood
affected areas are sustainably managed with a limited number of large rural
allotments.
• Rural/Flood Fringe Interface
The objective for this key development site is to ensure that future urban
development does not result in significant detrimental visual impact when viewed in
connection with adjoining rural and flood liable land (wetlands). The precinct plan
provides for urban design features that contribute toward an open pedestrian
environment with shared open space access, appropriate landscaping and rural
views.
CONSULTATION
At its meeting of 12 August 2014, Council resolved to proceed with the public
exhibition of the draft Waterford County North Precinct Plan. The draft precinct plan
was advertised in the local paper, exhibited at Council’s administration building and
branch libraries and displayed on Council’s web site for a period of 28 days between
Wednesday 27 August 2014 and Wednesday 24 September 2014. In addition, the draft
plan has been assessed by Council staff to ensure compliance and consistency with
adopted policies and operating procedures. As a result of the exhibition process no
submissions were received.
CONCLUSION
The adoption of the Waterford County North Precinct Plan will satisfy those
requirements of the Thornton North Area Plan to allow Council to complete
assessment and determine development applications for residential subdivision in
the Waterford County North precinct. The development of this precinct will also
provide for the extension and delivery of important public infrastructure to support
the existing and growing population of Chisholm.
This matter has no direct financial impact upon Council's adopted budget or forward
estimates and is consistent with the Thornton North Section 94 Contributions Plan.
POLICY IMPLICATIONS
This report recommends adoption of the draft Waterford County North Precinct Plan
which will form part of the Thornton North Area Plan, being a chapter of the Maitland
City Wide Development Control Plan.
There are no statutory implications under the Local Government Act 1993 with this
matter.
Attachment No: 1
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11 NOVEMBER 2014
11 NOVEMBER 2014
10.4 ADOPTION OF THE DRAFT MAITLAND PARK PLAN OF MANAGEMENT
AND MASTERPLAN
Masterplan (under seperate cover)
Services
Coordinator
facilities
COUNCIL OBJECTIVE: 2.1.6 To maintain and evolve the City's high quality
and distinctive facilities including Maitland Park,
Walka Water Works and No. 1 Sportsground
EXECUTIVE SUMMARY
At its meeting of 27th May 2014 Council resolved that the Draft Maitland Park Plan of
Management and Masterplan be placed on public exhibition and a further report be
presented to Council detailing any matters raised during the public exhibition period.
The consultation period for the exhibition ran from 4 June – 15 July 2014.
The submissions received during the exhibition period raised several issues which have
resulted in changes to the draft PoM and Masterplan. The changes, which are detailed in
the body of this report, are not considered substantial and it is proposed that the
amended draft be adopted without public exhibition.
Accordingly, the final draft of the Maitland Park Plan of Management and Masterplan is
presented to Council with a recommendation that Council formally adopt and make the
Plans.
THAT
1. Council adopt the Maitland Park Plan of Management and Masterplan with
the changes noted in this report.
2. In accordance with Section 40 of the Local Government Act 1993, Council give
public notice of its decision, as soon as practicable.
11 NOVEMBER 2014
ADOPTION OF THE DRAFT MAITLAND PARK PLAN OF MANAGEMENT AND MASTERPLAN (Cont.)
CONSULTATION
At its meeting 27 May 2014, Council resolved that the draft Maitland Park Plan of
Management (POM) and Masterplan be placed on public exhibition and a further
report be presented to Council detailing any matters raised during the public
exhibition period.
The consultation period for the exhibition ran from 4 June –15 July 2014.
Residents were informed of the opportunity to participate in the consultation
through an advertisement in the Councils news section of the Hunter Post on 4 June,
a media release distributed to media outlets, a letter box drop to residents occupying
households in surrounding streets, a direct email to over 480 Maitland Your Say
registered members, the ‘Planning for Maitland Park’ hub on Maitland Your Say and
posts on the Maitland Your Say Facebook page.
Residents were able to provide comment on the draft plan through a formal
submission to the General Manager, emailing the engagement team directly from the
Maitland Your Say website or through commenting on the Maitland Your Say
Facebook page.
A briefing to the Maitland Park Recreation Board and sporting club users along with
internal stakeholder consultation was held outside the consultation period.
Submissions resulting from this consultation have also been included in this report.
Maitland Your Say Site
A consultation hub ‘Planning for Maitland Park’ was set up on the Maitland Your Say
site dedicated to the exhibition of the Maitland Park POM and Master Plan. The site
facilitated a number ways the community could provide feedback and overall had
686 unique page views and a total of 450 unique visitors during the consultation
period. Of the 450 visitors, 121 were engaged enough to view the planning
documents.
On the 5th July the engagement team sent an email to over 480 registered
participants of the Maitland Your Say site. The email outlined the consultation
period, what Council was seeking feedback on and how the community could
participate.
Two online forums were developed for community feedback. The forums allowed
participants to provide feedback at any time during the consultation period and
posed the following questions:
1. Thinking of the future of Maitland Park and how it will be used by the community,
do you feel there is anything missing from the proposed plan?
11 NOVEMBER 2014
ADOPTION OF THE DRAFT MAITLAND PARK PLAN OF M

ordinary meeting agenda 11 november 2014

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