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Maitland City Council I Ordinary Meeting Minutes ORDINARY MEETING MINUTES 9 FEBRUARY 2016

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Page 1: ORDINARY MEETING MINUTES 9 FEBRUARY 2016

Maitland City Council I Ordinary Meeting Minutes

ORDINARY MEETING

MINUTES

9 FEBRUARY 2016

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9 FEBRUARY 2016

Maitland City Council | Ordinary Meeting Minutes Pii

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 INVOCATION ........................................................................... 1

2 ACKNOWLEDGEMENT OF COUNTRY ..................................... 1

3 APOLOGIES AND LEAVE OF ABSENCE ................................... 1

4 DECLARATIONS OF INTEREST ................................................ 1

5 CONFIRMATION OF MINUTES OF PREVIOUS MEETING ....... 1

6 BUSINESS ARISING FROM MINUTES ..................................... 2

7 MAYORAL MINUTE ................................................................. 2

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE

ITEMS OF BUSINESS ................................................................ 2

9 PUBLIC ACCESS ....................................................................... 2

10 GENERAL MANAGER'S REPORTS ........................................... 3

10.1 FIT FOR THE FUTURE ..................................................................... 3

10.2 IPART REVIEW OF REPORTING AND COMPLIANCE

BURDENS ON LOCAL GOVERNMENT ........................................... 5

11 PLANNING, ENVIRONMENT AND LIFESTYLE REPORTS ....... 6

11.1 DA 14-2276 SECTION 96 MODIFICATION TO AMEND

SUBDIVSION LAYOUT, STAGING AND DRAINAGE - LOTS

102 &103 DP 1208978 & LOT 13 DP 1208290, 281

MORPETH ROAD RAWORTH RECOMMENDATION:

APPROVAL ..................................................................................... 6

11.2 DA 15-2259 ALTERATIONS & ADDITIONS TO EXISTING

RESIDENCE - LOT 1 DP931319, 10 SWAN STREET,

MORPETH RECOMMENDATION: APPROVAL ............................... 8

11.3 DA 15-2804 CHANGE OF USE TO RECREATION FACILITY

(INDOOR) - DANCE STUDIO - LOT 5 DP758374, 12 YOUNG

STREET, EAST MAITLAND RECOMMENDATION: APPROVAL ..... 17

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Maitland City Council | Ordinary Meeting Minutes Piii

11.4 DA 15-2300 ADDITIONS & ALTERATIONS TO EXISTING

HOTEL - LOT 1 DP617690, 87-91 GEORGE STREET EAST

MAITLAND & LOT 12 DP1108212, 78 LAWES STREET EAST

MAITLAND RECOMMENDATION: APPROVAL ............................ 21

11.5 DA 03-3475 S96 (1)(A) AMENDMENT TO DESIGN AND

LOCATION OF CABINS AND CLUBHOUSE FOR

ACCOMMODATION LODGE AND TENNIS COURTS - LOT

201 DP711193, 28 RAWORTH AVENUE, RAWORTH

RECOMMENDATION: APPROVAL ............................................... 30

11.6 VOLUNTARY HOUSE RAISING GRANT SCHEME - GRANT

ACCEPTANCE ............................................................................... 40

11.7 TEMPORARY SUSPENSION OF THE ALCOHOL FREE ZONE

WITHIN THE LEVEE SHARED ZONE FOR THE MAITLAND

TASTE FESTIVAL 2016 .................................................................. 42

11.8 NAMING OF LANE 7 WITHIN MAITLAND AQUATICS

FACILITY....................................................................................... 44

11.9 SAFER STREETS PROGRAMME 2015-16 TO 2017-18 ................... 45

11.10 REGIONAL LIBRARY COLLABORATION - MEMORANDUM

OF UNDERSTANDING .................................................................. 47

11.11 MAITLAND TASTE FESTIVAL 2016 ............................................... 48

12 INFRASTRUCTURE AND WORKS REPORTS .......................... 50

12.1 CHRISTOPHER ROAD, LOCHINVAR - ROAD STATUS .................. 50

12.2 OAKHAMPTON HEIGHTS ............................................................ 51

12.3 KIAH ROAD BRIDGE OVER RAIL CORRIDOR, GILLIESTON

HEIGHTS - REQUEST REGARDING OWNERSHIP AND

MAINTENANCE ............................................................................ 52

12.4 THE MAITLAND TASTE: FOOD, WINE & MUSIC FESTIVAL

2016 - TEMPORARY ROAD CLOSURES ........................................ 54

13 ADMINISTRATION AND GOVERNANCE REPORTS .............. 56

13.1 STATEMENT OF INVESTMENTS AS AT 30 NOVEMBER 2015 ...... 56

13.2 STATEMENT OF INVESTMENTS AS AT 31 DECEMBER 2015........ 57

14 STRATEGY AND PERFORMANCE REPORTS .......................... 58

NIL

15 MAJOR PROJECTS REPORTS .................................................. 58

NIL

16 HUMAN RESOURCES REPORTS ............................................ 58

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NIL

17 ITEMS FOR INFORMATION ................................................... 59

17.1 ANZAC DAY 2016 MORPETH - TRAFFIC MANAGEMENT ............ 59

17.2 COMMENCEMENT OF THE LOCAL GOVERNMENT

AMENDMENT (COUNCILLOR MISCONDUCT & POOR

PERFORMANCE ACT) 2015 .......................................................... 60

17.3 THE VISITOR ECONOMY MARKETING ACTIVITY PLAN 2016 ..... 61

18 NOTICES OF MOTION/RESCISSION ..................................... 62

18.1 DEGRADATION OF AGRICULTURAL LAND ................................. 62

18.2 FLOODING AT OAKHAMPTON HEIGHTS .................................... 63

19 QUESTIONS WITH NOTICE ................................................... 64

20 URGENT BUSINESS ............................................................... 64

21 COMMITTEE OF THE WHOLE ................................................ 65

21.1 BUILDING BETTER REGIONAL CITIES PROGRAM FUNDING

AGREEMENT FOR AFFORDABLE HOUSING AND

SUPPORTING INFRASTRUCTURE - RECONSTRUCTION OF

ATHEL D'OMBRAIN DRIVE .......................................................... 65

21.2 191 HIGH STREET, MAITLAND .................................................... 67

21.3 LOT 1490 DP 1005639 AND LOT 14 DP 730416 WEBLANDS

STREET, ABERGLASSLYN ............................................................. 68

21.4 CONSIDERATION OF CONSTRUCTION EXPRESSIONS OF

INTEREST - MAITLAND NO. 1 SPORTSGROUND

GRANDSTAND REDEVELOPMENT ............................................... 69

21.5 CONSIDERATION OF TENDERS - MAITLAND PARK INDOOR

25M POOL .................................................................................... 71

22 COMMITTEE OF THE WHOLE RECOMMENDATIONS ........... 73

23 CLOSURE ................................................................................ 75

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PRESENT Clr Robert Aitchison

Clr Loretta Baker

Clr Peter Blackmore

Clr Brian Burke

Clr Peter Garnham

Clr Bob Geoghegan

Clr Arch Humphery

Clr Henry Meskauskas

Clr Nicole Penfold

Clr Philip Penfold

Clr Steve Procter

Clr Ken Wethered

Clr Ben Whiting

1 INVOCATION

The General Manager, David Evans read the customary prayer at the

commencement of the meeting.

One (1) minute silence was observed for the passing of two (2) former Alderman -

Jim Crethary and Bill Wright.

2 ACKNOWLEDGEMENT OF COUNTRY

Clr P Penfold read the Acknowledgement of Country

3 APOLOGIES AND LEAVE OF ABSENCE

Nil

4 DECLARATIONS OF INTEREST

Nil

5 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

COUNCIL RESOLUTION

THAT the minutes of the Ordinary Meeting held 8 December 2015 be

confirmed.

Moved Clr B Whiting, Seconded Clr B Burke

CARRIED

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6 BUSINESS ARISING FROM MINUTES

Nil

7 MAYORAL MINUTE

Nil

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS

OF BUSINESS

Withdrawal of Item 11.1 - DA 14-2276 Section 96 Modification to amend

subdivision layout, staging and drainage - Lots 102 &103 DP 1208978 & Lot 13 DP

1208290, 281 Morpeth Road Raworth. Recommendation: Approval - as further

assessment is needed regarding the status of proposed detention basin.

Moved Clr P Garnham, Seconded Clr L Baker

9 PUBLIC ACCESS

Karl Bagnall representing himself spoke against Item 11.3 - DA 15-2804 Change

of Use to Recreation Facility (Indoor) - Dance Studio - Lot 5 DP758374, 12 Young

Street, East Maitland. Recommendation: Approval

Anne Marie Kleinschafer representing herself spoke against Item 11.3 - DA 15-

2804 Change of Use to Recreation Facility (Indoor) - Dance Studio - Lot 5

DP758374, 12 Young Street, East Maitland. Recommendation: Approval

Errol Jack representing himself spoke against Item 11.5 - DA 03-3475 S96 (1)(A)

Amendment to design and location of cabins and clubhouse for Accommodation

Lodge and Tennis Courts - Lot 201 DP711193, 28 Raworth Avenue, Raworth

Recommendation: Approval

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10 GENERAL MANAGER'S REPORTS

10.1 FIT FOR THE FUTURE

FILE NO: 35/80

ATTACHMENTS: 1. DPC confirmation email

2. Minister's confirmation letter and extract

3. Fit for the Future Progress Report

RESPONSIBLE OFFICER: David Evans - General Manager

AUTHOR: David Evans - General Manager

MAITLAND +10 Outcome 19. A sustainable Council for a sustainable

City

COUNCIL OBJECTIVE: 19.1.1 To ensure the principles of sustainability

underpin Council’s financial, economic, social and

environmental decision-making

EXECUTIVE SUMMARY

This report presents the NSW Government’s response to the final Fit for the Future

submissions made by councils on 18 November 2015, and provides the Council with an

update on the Fit for the Future ‘status’ of Maitland City Council, and an update on the

progress of local government reform generally.

OFFICER’S RECOMMENDATION

THAT

1. It be noted that Maitland City Council is now deemed ‘Fit for the Future’ by

the NSW Government, and will continue as a stand-alone council; and

2. Council continue to actively participate in the reform of local government in

NSW through continued involvement in the Hunter Pilot Joint Organisation

and, where appropriate, constructive input to matters relating to the

performance and governance of councils, and improvements to the system

of local government in NSW.

COUNCIL RESOLUTION

THAT

1. It be noted that Maitland City Council is now deemed ‘Fit for the Future’ by

the NSW Government, and will continue as a stand-alone council; and

2. Council continue to actively participate in the reform of local government in

NSW through continued involvement in the Hunter Pilot Joint Organisation

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and, where appropriate, constructive input to matters relating to the

performance and governance of councils, and improvements to the system

of local government in NSW.

Moved Clr B Geoghegan, Seconded Clr P Penfold

CARRIED

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10.2 IPART REVIEW OF REPORTING AND COMPLIANCE BURDENS ON LOCAL

GOVERNMENT

FILE NO: 117/1

ATTACHMENTS: 1. Council's Submission to Review

2. Extract Draft Report - Review of reporting

and compliance burdens on Local

Government

RESPONSIBLE OFFICER: David Evans - General Manager

AUTHOR: David Evans - General Manager

MAITLAND +10 Outcome 19. A sustainable Council for a sustainable

City

COUNCIL OBJECTIVE: 19.1.1 To ensure the principles of sustainability

underpin Council’s financial, economic, social and

environmental decision-making

EXECUTIVE SUMMARY

The Independent Pricing and Regulatory Tribunal (IPART) has released its draft report on

the ‘Review of reporting and compliance burdens on Local Government’ and has called for

submissions in relation to the report and its 49 draft recommendations. This report

provides the Executive Summary and recommendations for the information of Council,

and a basis for a submission by Council in response to the recommendations contained

within the draft report. Submissions are due by 19 February 2016, with a final report due

to the Minister on 22 April 2016.

OFFICER’S RECOMMENDATION

THAT

1. Council support the recommendations contained in the Independent Pricing

and Regulatory Tribunal’s draft report on the ‘Review of reporting and

compliance burdens on Local Government’.

COUNCIL RESOLUTION

THAT

1. Council support the recommendations contained in the Independent Pricing

and Regulatory Tribunal’s draft report on the ‘Review of reporting and

compliance burdens on Local Government’.

Moved Clr B Geoghegan, Seconded Clr B Whiting

CARRIED

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11 PLANNING, ENVIRONMENT AND LIFESTYLE REPORTS

11.1 DA 14-2276 SECTION 96 MODIFICATION TO AMEND SUBDIVSION

LAYOUT, STAGING AND DRAINAGE - LOTS 102 &103 DP 1208978 & LOT

13 DP 1208290, 281 MORPETH ROAD RAWORTH

RECOMMENDATION: APPROVAL

FILE NO: DA 14-2276

ATTACHMENTS: 1. Locality Plan

2. Site Plans

3. Submissions

RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,

Environment & Lifestyle

David Simm - Manager Development & Environment

Leanne Harris - Development Assessment Coordinator

AUTHOR: Anne Moore - Contract Planner

APPLICANT: Mitchell Spares Pty Ltd

OWNER: Mitchell Spares Pty Ltd

PROPOSAL: Modify Condition 1 to acknowledge the revised

subdivision layout in respect to lots 113 to 116 and

proposed drainage reserve and minor change to staging

plan

LOCATION: No. 281 Morpeth Road Raworth

ZONE: R1 General Residential

EXECUTIVE SUMMARY

A Section 96 Application has been received by Council seeking modification of

Development Consent DA 14 - 2276 to amend the subdivision layout in respect to Lots 113

to 116 to allow enlargement of the drainage reserve including the design of the detention

basin and to amend the staging plan so as to incorporate former lots 212 and 213 into

Stage 3 (i.e. Lots 307 & 308). This will require changes to Conditions 1 and 22 relating to

approved plan and the proposed detention basin.

The application was notified and advertised from 19 November 2015 to 3 December 2015.

During this period four (4) submissions were received by Council. The issues raised in all

the submissions to Council are addressed in the body of this report. It is considered that

the grounds of the objection do not warrant refusal or further modification of this

application. However the submissions have identified a number of drainage issues within

this locality that require on going investigation by Council to overcome deficiencies with

the existing drainage system and will be considered separately to this application.

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The application has been assessed against the requirements of Section 96(1A) and Section

79C of the Environmental Planning and Assessment Act, 1979 and Section 115 of the

Environmental Planning and Assessment Regulation. Modification of Condition 1 to reflect

the amended subdivision layout and staging of the subdivision and Condition 22 to allow

a modified detention basin design is considered necessary in this case.

Accordingly, it is recommended that Conditions 1 and 22 be amended and an additional

condition be inserted requiring the details of the detention basin be forwarded to the NSW

Dam Safety Committee for review and comment.

OFFICER’S RECOMMENDATION

THAT

1. Section 96 Application for modification of Development Application No. 14-

2276 – Fifty (50) Lot Residential Subdivision at Lot 13 DP 1208290 & Lots 102 &

103 DP1208978 (formerly known as Lot 3 DP 654239, Lots 4 & 5 DP 1058164 &

Lot 16 DP 4923) No. 281 Morpeth Road Raworth be approved subject to the

amended conditions set out in the attached schedule.

Note: This item was withdrawn as per Item 8.

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11.2 DA 15-2259 ALTERATIONS & ADDITIONS TO EXISTING RESIDENCE - LOT

1 DP931319, 10 SWAN STREET, MORPETH

RECOMMENDATION: APPROVAL

FILE NO: DA 15-2259

ATTACHMENTS: 1. Locality Plan

2. Development Plans

3. Submissions

RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,

Environment & Lifestyle

David Simm - Manager Development & Environment

Leanne Harris - Development Assessment Coordinator

AUTHOR: Luke Johnson - Town Planner

APPLICANT: Rochelle Redman C/- AGCAD DESIGN

OWNER: Rochelle Naomi Redman

PROPOSAL: Alterations & Additions to Existing Residence

LOCATION: 10 Swan Street, Morpeth

ZONE: RU1 Primary Production

EXECUTIVE SUMMARY

The proposal seeks consent for alterations and additions to a single storey dwelling on

land described as Lot 1 on DP931319, more commonly known as 10 Swan Street, Morpeth.

The subject site is zoned RU1 Primary Production pursuant to the Maitland Local

Environmental Plan 2011 (LEP 2011). The proposal is consistent with the objectives of the

RU1 zone as it will not result in conflict between land uses within this zone and land uses

within adjoining zones.

The existing residence is single storey and comprises three bedrooms, family room, dining

room, store room, kitchen, laundry, basement and three (3) existing sheds to be retained.

The alterations and additions propose to reconfigure the internal layout of the house and

construct an additional wing to allow for two bedrooms, family room, dining room, living

area, kitchen and pantry, an office, entertaining area, a gym and single car garage.

Proposed within the roof space of the existing dwelling is a third and fourth bedroom,

walk in robe and bathroom and within the roof space of the wing addition is a guestroom

and bathroom. The existing basement is to be increased for the extent of the additions to

the ground floor of the dwelling. The dwelling will retain access to and from Swan Street

via a proposed second driveway. The driveway has been designed to be consistent with the

Morpeth Heritage Conservation Area being driveway strips and have been conditioned to

be Morpeth mix. Earthworks proposed on the site include the importation of

approximately 2000m³ of fill to construct a suitable earth mound for the additions to be

erected on and construction of retaining walls allowing for basement access through the

earth mound.

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The proposed alterations and additions generally comply with the provisions of the

Maitland Development Control Plan 2011.

The proposal was advertised and notified from 12 to 26 October 2015. One (1) submission

was received objecting to the proposal. The issues raised by the objector related to loss of

view and reduction of flood refuge area for animals. These issues are not considered

significant enough to warrant refusal of the proposal.

The proposal has been assessed in accordance with Section 79C of the Environmental

Planning & Assessment Act 1979 (NSW) (EP&A Act 1979) and is considered to satisfy the

relevant heads of consideration. Accordingly approval is recommended, subject to

conditions.

OFFICER’S RECOMMENDATION

THAT DA 15-2259 for Alterations & Additions to Existing Residence - Lot 1 on

DP931319, more commonly known as 10 Swan Street, Morpeth be approved,

subject to the conditions of consent set out in the attached schedule.

COUNCIL RESOLUTION

THAT DA 15-2259 for Alterations & Additions to Existing Residence - Lot 1 on

DP931319, more commonly known as 10 Swan Street, Morpeth be approved,

subject to the conditions of consent set out in the attached schedule.

Moved Clr R Aitchison, Seconded Clr S Procter

CARRIED

The Mayor in accordance with Section 375A of the Local Government Act 1993 called

for a division.

The division resulted in 13 for and 0 against, as follows:

For: Clr R Aitchison Against:

Clr L Baker

Clr P Blackmore

Clr B Burke

Clr P Garnham

Clr B Geoghegan

Clr A Humphery

Clr H Meskauskas

Clr N Penfold

Clr P Penfold

Clr S Procter

Clr K Wethered

Clr B Whiting

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Schedule of Conditions DA 15-2259

Alterations and Additions to Dwelling (Heritage Area)

Reason for Conditions

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.

APPROVED PLANS AND DOCUMENTATION

1. The development shall be carried out in accordance with the stamped approved

plans, documentation and any amendments arising through conditions to this

consent or as shown in red colour on the plans:

Plan Ref.

No

Sheet

No

Revision

No

Revision

Date

Drawn by

14-053 S01 1 29/09/2015 Agcad Building Design

14-053 S02, S03

& S05

2 28/01/2016 Agcad Building Design

14-053 S04 2 03/02/2016 Agcad Building Design

GENERAL PROVISIONS

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 dwelling.

3. The applicant is required to submit to council ‘Notice of Commencement’ at least two

(2) days prior to the commencement of construction works.

4. The addition, or any portion of the addition, shall not be occupied until an

Occupation Certificate has been issued.

5. All building work must be carried out in accordance with the provisions of the

Building Code of Australia.

6. 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.

7. (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

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authority for the development to which the work relates has provided Council with

written notice of the following information:

(a) in the case of work to be done by a licensee under that Act:

(i) the licensee’s name and contractor licence number, and

(ii) of the name of the insurer by which the work is insured under Part 6 of

that Act, or

(b) in the case of work to be done by any other person:

(i) the name of the owner-builder, and

(ii) if the owner-builder is required to hold an owner-builder permit under

that Act, the number of the owner-builder permit.

(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 has complied with the requirements of that part.

8. Prior to commencement of works within the existing public road reserve;

an engineering design, in accordance with Council’s Manual of Engineering

Standards, including any additional works arising from design warrants, 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.

EARTHWORKS

9. The owner/occupier shall ensure that access to the landfill site is restricted and

monitored to prevent the unauthorised deposition of material.

10. Filling material, shall be limited to the following;

a) Virgin Excavated Natural Material (VENM);

b) Excavated Natural Material (ENM) certified as such in accordance with

Protection of the Environment Operations (Waste) Regulation 2005.

c) Material subject to a Waste exemption under Clauses 51 and 51A Protection

of the Environment Operations (Waste) Regulation 2005 and recognised by

the NSW Environment Protection Authority as being ‘fit for purpose’ with

respect to the development subject of this application.

Note: Under no circumstances shall contaminated fill material including but not limited

to putrescible wastes, (such as timber, paper, green waste, food etc), oil products

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(including petrol, bitumen, asphaltic concrete etc), plastic, and the like, be deposited on

the land unless expressly authorised by this development consent.

11. Where ENM, or material the subject of a waste recovery exemption is used, the

applicant shall ensure that detailed records are kept identifying the source of the

material and its composition. Such records are to be provided to the Council upon

completion of the filling.

12. At the completion of filling the applicant shall submit to the Council a validation

report prepared in accordance with EPA requirements by a qualified geotechnical

consultant confirming that the completed filling works (addressing both material

type, compaction and stabilisation) has been undertaken in accordance with the

approved development application documentation and associated consent

conditions.

13. All grass and topsoil on the proposed fill area shall be stripped and stockpiled for

re-use on the finished surface and batters.

14. Filling material shall be:

stabilised against erosion upon final placement with topsoil and grass (seed or

turf), or by similar means

graded evenly to shed stormwater runoff to an existing overland flow path

provided with stable, maintainable batter slopes no steeper than 1 (vertical) in 4

(horizontal).

STORMWATER DRAINAGE

15. Final discharge of collected stormwater runoff shall be piped to the existing site

drainage system.

FLOODING CONSIDERATIONS

16. All ground level electrical services are to be connected to a ‘residual current device’

(RCD) to the requirements of Energy Australia to reduce the risk of electrocution in a

flood event where inundation of the ground level occurs.

17. Prior to issue of an Occupation Certificate, a flood evacuation plan shall be

submitted to and approved by Council. The plan should make provision within the

design of the proposed dwelling additions and alterations for a safe and clear means

of evacuation in time of flood and include consideration of the NSW Flood Response

Manual.

18. 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 (established at RL 6.00 m AHD).

SITE CONSIDERATIONS

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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 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 the PCA before works commence. The

submission of a separate Development Application is not required for a retaining

wall associated with this approval and indicated on the approved plans.

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 having benefit of the development consent:

i) Must preserve and protect the building from damage, and

ii) If necessary, must underpin and support the building in an approved

manner, and

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 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 unauthorised 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.

23. 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.

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

of the building.

25. All building materials, plant and equipment shall be contained wholly within the

development site.

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26. 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”.

27. 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.

VEHICLE ACCESS

28. Prior to issue of the Final 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)”.

29. 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).

HERITAGE

30. The driveway shall be constructed with Morpeth Mix material and consist of driveway

strips with a central landscape median, in accordance with Council’s Manual of

Engineering Standards.

31. All fascia and barge boards shall be of timber construction.

32. All windows shall be of wide profile aluminium construction.

TREE PRESERVATION

33. All trees located along the frontage of the site shall be retained. An Arborist report is

to be prepared and submitted to Council prior to the issue of the Construction

Certificate detailing the location of each tree and any measures that are to be

implemented during construction to ensure damage to the trees is minimised.

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RELICS AND ARTEFACTS

34. Should any historical relics be unexpectedly discovered in any areas of the site not

subject to an excavation permit, then all excavation or disturbance to the area is to

stop immediately and the Heritage Council of NSW should be informed in

accordance with section 146 of the Heritage Act 1977. Additional assessment and

approval may be required prior to works continuing in the affected area(s)

depending on the nature and extent on the nature of the discovery.

35. Should any Aboriginal ‘objects’ be uncovered by the work, excavation or disturbance

of the area is to stop immediately and the Office of Environment and Heritage must

be informed accordance with Section 89A of the National Parks and Wildlife Act,

1974 (as amended). Works affecting Aboriginal ‘objects’ on the site must not

continue until the Office of Environment and Heritage has been informed. Aboriginal

‘objects’ must be managed in accordance with the National Parks and Wildlife Act,

1974.

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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 (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.

B. 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.

C. You are advised that “Morpeth Mix” is a locally devised concrete mix that consists of

river pebbles in place of crushed blue metal with an oxide mix of 5kg yellow, 2kg 610

Brown to 1 cubic metre of concrete which provides an earthy colour (Note: the tint,

‘paperbark’ is a good equivalent). When the concrete has reached its initial set,

shape with a steel trowel (once only) and give a light finish with a hair broom. This

produces an attractive, aged look rather than a stark, grey concrete finish and

enhances the appearance of the property and the area.

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.

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11.3 DA 15-2804 CHANGE OF USE TO RECREATION FACILITY (INDOOR) -

DANCE STUDIO - LOT 5 DP758374, 12 YOUNG STREET, EAST MAITLAND

RECOMMENDATION: APPROVAL

FILE NO: DA 15-2804

ATTACHMENTS: 1. Locality Plan

2. Development Plans

3. Submissions

RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,

Environment & Lifestyle

David Simm - Manager Development & Environment

Leanne Harris - Development Assessment Coordinator

AUTHOR: Luke Johnson - Town Planner

APPLICANT: Attitude Dance Centre Pty Ltd C/- PlanInk

OWNER: Graham James Donnelly

PROPOSAL: Change of Use to Recreation Facility (Indoor) – Dance

Studio

LOCATION: 12 Young Street, East Maitland

ZONE: B5 Business Development

EXECUTIVE SUMMARY

This application seeks consent to change the use of an existing industrial unit to a

Recreation Facility (Indoor – Dance Studio). The subject site is located within the B5

Business Development zone in accordance with the Maitland LEP 2011 and the use is

permissible with consent. The proposed facility will operate between the following hours

Monday to Friday 9:00am and 9:00pm,

Saturday 9:00am to 3:00pm,

Sunday 9:00am to 3:00pm (maximum 10 times per year).

The site provides for a total of eight (8) car parking spaces of which two (2) are to be

utilised for staff and the remaining six (6) for parents dropping off/picking up their

children.

The development is located within a well-established B5 Business Development zone. with

street parking also available.

There are two toilets within the existing building and a third disabled facility is proposed

as part of this application. The building also provides a kitchenette, office and reception

area. There are five (5) entry/exits into the existing industrial unit. The main entrance is

accessed via the front doors facing Young Street through reception, and each class is

accessed via respective roller doors.

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Noise which is likely to be generated from the use will be from two (2) standard household

stereos and the teachers directing their respective classes.

The application was notified from 11 January to 25 January 2016 and within this time

Council received two (2) submissions. The key issues identified within the submissions

related to excessive noise outside EPA regulations and Local Council zoning, insufficient on

site car parking, the existing condition of Young Street (road surface), potential cumulative

impacts the proposed development will have upon pre-existing traffic issues within the

immediate area including traffic safety concerns and off street car parking issues. These

issues have been appropriately addressed through Council’s assessment. The issues raised

are insufficient grounds to warrant refusal of the application.

An assessment of this application has been undertaken against Section 79C of the

Environmental Planning and Assessment Act 1979 and is considered to be appropriate for

the site for the following reasons;

The proposed recreation facility is a business use that requires a large floor area;

The use is unlikely to generate significant impacts upon adjoining land uses or land

uses within adjoining zones;

The proposed use is permitted with consent within the B5 Business Development

Area and is consistent with the relevant objectives of the zone;

The proposal has been assessed against the requirements of the Maitland

Development Control Plan 2011, specifically Part B Environmental Guidelines, Part C

– Design Guidelines, C.1 Accessible Living, C.6 Outdoor Advertising and C.11 Vehicular

Access and Car Parking.

The proposal provides BCA compliant travel routes and distances for emergency

egress from the studio rooms.

Accordingly, it is recommended that the application for the Recreation Facility (Indoor) –

Dance Studio be approved by Council subject to reasonable and relevant conditions.

OFFICER’S RECOMMENDATION

THAT

1. Development Application No. 15/2804 for a Change of Use to Recreation

Facility (Indoor) - Dance Studio on land located at 12 Young Street, East

Maitland; Lot 5 on DP758374, be approved subject to conditions of consent

set out in the attached schedule.

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PROCEEDINGS IN BRIEF

A motion was moved:

THAT Development Application No. 15/2804 for a Change of Use to Recreation Facility

(Indoor) - Dance Studio on land located at 12 Young Street, East Maitland; Lot 5 on

DP758374, be refused for the following reasons:

1. Insufficient provision of on-site parking to meet the demands of the

development.

2. The proposed use is inconsistent with surrounding residential land uses in this

locality and will create adverse impacts on residential amenity.

3. The proposal is not in the public interest.

Moved Clr S Procter, Seconded Clr P Garnham

The motion when put to the meeting was declared carried.

COUNCIL RESOLUTION

THAT Development Application No. 15/2804 for a Change of Use to Recreation

Facility (Indoor) - Dance Studio on land located at 12 Young Street, East Maitland;

Lot 5 on DP758374, be refused for the following reasons:

4. Insufficient provision of on-site parking to meet the demands of the

development.

5. The proposed use is inconsistent with surrounding residential land uses in

this locality and will create adverse impacts on residential amenity.

6. The proposal is not in the public interest.

Moved Clr S Procter, Seconded Clr P Garnham

CARRIED

The Mayor in accordance with Section 375A of the Local Government Act 1993 called

for a division.

The division resulted in 10 for and 3 against, as follows:

For: Clr P Blackmore Against: Clr R Aitchison

Clr B Burke Clr L Baker

Clr P Garnham Clr H Meskauskas

Clr B Geoghegan

Clr A Humphery

Clr N Penfold

Clr P Penfold

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Clr S Procter

Clr K Wethered

Clr B Whiting

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11.4 DA 15-2300 ADDITIONS & ALTERATIONS TO EXISTING HOTEL - LOT 1

DP617690, 87-91 GEORGE STREET EAST MAITLAND & LOT 12 DP1108212,

78 LAWES STREET EAST MAITLAND

RECOMMENDATION: APPROVAL

FILE NO: DA 15-2300

ATTACHMENTS: 1. Locality Plan

2. Development Plans

3. Submissions

RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,

Environment & Lifestyle

David Simm - Manager Development & Environment

Leanne Harris - Development Assessment Coordinator

AUTHOR: Amanda Wells - Town Planner

APPLICANT: Qito Holdings Pty Ltd

OWNER: Qito Holdings Pty Ltd

PROPOSAL: Additions & Alterations to Existing Hotel

LOCATION: 87-91 George Street East Maitland

78 Lawes Street East Maitland

Lot 1 DP 617690

Lot 12 DP 1108212

ZONE: B2 Local Centre

EXECUTIVE SUMMARY

Development consent is sought for the purpose of additions and alterations to an existing

hotel, The Windsor Castle, located on the corner of George Street and Lawes Street East

Maitland. The subject land is legally described as 87-91 George Street East Maitland Lot 1

DP 617690 and 78 Lawes Street East Maitland Lot 12 DP 1108212 and is located within the

B2 Local Centre zone under the Maitland Local Environmental Plan 2011 (LEP).

Commercial additions and alterations are permissible within the B2 Local Centre with

Council consent and the proposal is consistent with the objectives of the zone.

The proposal includes the removal of the existing drive-thru bottle shop, as well as

internal alterations to create a new dining and function room, new public bar and lounge

areas, new amenities, new gaming room and a new outdoor dining area with a retractable

roof and children’s playground located where the existing bottle shop is located. The

majority of works will take place within the existing building footprint, with the exception

of the new outdoor dining area 370.09m2 and new children’s playground 217.73m2.

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The subject site consists of two parcels of land, with the Hotel and parking on Lot 12 DP

1108212 (4870m2) and additional carparking on Lot 1 DP 617690 (1232m2) with a total

land area of 6012m2. The additions and alterations to the two (2) storey hotel are limited

to the ground floor only.

The proposal was lodged at Council 9 October 2015. The proposal was advertised for a

period of 14 days from 19 October 2015 to 2 November 2015 and one (1) submission was

received. The submission raised issues in relation to:

Impacts to the locality;

Relationship to adjoining land uses;

Social Impacts;

Location, bulk, scale, design of the development;

Egress and ingress;

Traffic; and

Future amenity.

These issues are not considered significant enough to warrant refusal of the proposal.

An assessment of the proposal has been undertaken against Section 79C 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 B2 Local Centre zone and is

consistent with the relevant objectives of the zone;

The proposed Commercial Additions and Alterations will allow for an improved

internal refurbishment within an existing hotel/pub and is consistent with the

provisions of the B2 zone; and

The proposal has been assessed against the requirements of the Maitland City Wide

Development Control Plan 2011 (MDCP 2011) and assessed against the relevant

heads of consideration pursuant to Section 79C of the Environmental Planning &

Assessment Act 1979 (NSW) and is considered appropriate.

Accordingly, it is recommended that the application for Commercial Additions and

Alterations be approved by Council subject to conditions.

OFFICER’S RECOMMENDATION

That DA15-2300, for Additions and Alterations to Existing Hotel, located at 87-91

George Street East Maitland Lot 1 DP 617690 and 78 Lawes Street East Maitland Lot

12 DP 1108212, be approved subject to conditions of consent set out in the

attached schedule.

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COUNCIL RESOLUTION

That DA15-2300, for Additions and Alterations to Existing Hotel, located at 87-91

George Street East Maitland Lot 1 DP 617690 and 78 Lawes Street East Maitland Lot

12 DP 1108212, be approved subject to conditions of consent set out in the

attached schedule.

Moved Clr B Burke, Seconded Clr P Garnham

CARRIED

The Mayor in accordance with Section 375A of the Local Government Act 1993 called

for a division.

The division resulted in 13 for and 0 against, as follows:

For: Clr R Aitchison Against:

Clr L Baker

Clr P Blackmore

Clr B Burke

Clr P Garnham

Clr B Geoghegan

Clr A Humphery

Clr H Meskauskas

Clr N Penfold

Clr P Penfold

Clr S Procter

Clr K Wethered

Clr B Whiting

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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:

Project. Sheet

No.

Revn

No.

Revision

Date

Prepared by:

(consultant)

Windsor Castle Hotel DA00,

DA02-DA07 B 27/01/15 BROMPTON GROUP

Windsor Castle Hotel DA01 E 27/01/16 BROMPTON GROUP

CONTRIBUTIONS & FEES

2. Pursuant to Section 80A(1) of the Environmental Planning and Assessment Act

1979, and the Maitland S94A Levy Contributions Plan 2006, a contribution of

$11,440 shall be paid to the Council.

The above amount may be adjusted at the time of the actual payment, in

accordance with the provisions of the Maitland City Council S94A Levy

Contributions Plan 2006.

Payment of the above amount shall apply to Development Applications as

follows:

- 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.

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 94A of the Environmental Planning and Assessment Act, 1979.

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

application.

CERTIFICATES

3. The applicant shall submit to Council a “Notice of Commencement” form at

least two (2) days prior to the commencement of construction works.

4. 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.

5. Prior to the commencement of works an application for a Construction

Certificate shall be submitted to, and be approved by, the Accredited Certifier.

6. Prior to the issue of an Occupation Certificate all conditions of development

consent shall be complied with.

7. Prior to occupation of the building an Occupation Certificate shall be issued by

the Principal Certifying Authority.

8. Prior to issue of the Construction Certificate, a Compliance Certificate under

Section 50 of the Hunter Water Act 1991 for this development, shall be

submitted to the Accredited Certifier.

9. All redundant vehicular crossings and laybacks are to be removed and replaced

with kerb and gutter in accordance with Council’s standards prior to the issue of

an Occupation Certificate. Approval is required in accordance with Section 138

of the Roads Act from Council prior to the commencement of these works.

LANDSCAPING

10. All landscaped areas of the development shall be maintained in accordance

with the approved plans. The landscaped areas shall be kept free of parked

vehicles, stored goods, waste material, and the like.

AMENITY

11. Lighting shall be designed so that there is no light overspill onto adjoining

residential properties, while ensuring adequate lighting for security purposes.

DEMOLITION

12. All demolition works are to be carried out in accordance with Australian

Standard AS 2601-2001.

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13. Where any demolition, alteration or renovation works encounter asbestos or

products containing asbestos, then the materials encountered shall be

managed in accordance with the provisions of the NSW Work Cover Authority.

LOADING AREAS

14. All deliveries must occur within the designated Loading Zone between the

nominated times.

CARPARKING

15. Car parking for the development shall be provided in accordance with the

approved plans, with a minimum allocation for the development of 94 spaces,

including 3 disabled spaces.

16. All parking bays shall be delineated with line-marking and/or signposting.

17. An “Entry Only” and a “No Exit” sign shall be installed on the Lawes Street

entrance as per the submitted plans prior to the issue of the Occupation

Certificate.

18. An “Entry” and an “Exit” sign shall be installed on George Street as per the

submitted plans prior to the issue of the Occupation Certificate.

19. Direction arrows shall be painted onto the surface of the car park, as per the

submitted plans, to aid in traffic flow.

20. No car parking spaces are to be used for the storage of building materials and

waste.

NOISE

21. The retractable roof shall be closed at 10:00pm each night.

22. Live bands shall not be located within the outdoor dining area.

23. The LA10 noise level emitted from any portion of the premises shall not exceed

the background noise level in any Octave Band Centre Frequency (31.5Hz-8kHz

inclusive) by more than 5dB between 07:00am and 12:00 midnight at the

boundary of any affected residence.

The LA10 noise level emitted from any portion of the premises shall not exceed

the background noise level in any Octave Band Centre Frequency (31.5 Hz-8kHz

inclusive) between 12:00 midnight and 7:00am at the boundary of any affected

residence.

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Notwithstanding compliance with the above, the noise emitted from any

portion of the premises shall not be audible within any habitable room in any

residential premises between the hours of 12:00 midnight and 7:00am.

Note: for the purposes of this condition the LA10 can be taken as the average

maximum deflection of the noise emission from the premises.

STORMWATER DRAINAGE

24. All storm water generated from the proposed work is to be disposed of by a

drainage system to Council's drainage network on George Street. A drainage

design indicating all engineering details relevant to collection and disposal of

roof water and stormwater from the site is to be submitted to and approved by

the PCA prior to the issue of a Construction Certificate. Details are to include

existing site levels, finished levels, pipeline sizes and grading’s. All of the above

works are to be carried out prior to the issue of an Occupation Certificate.

SERVICES & EQUIPMENT

25. 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.

26. 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.

27. 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.

28. 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 is to be provided. Such certificate(s) are to be in

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accordance with Division 4 of Part 9 of the Environmental Planning and

Assessment Regulation, 2000.

SITE CONSIDERATIONS

29. 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.

30. 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.

31. 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.

HOURS OF WORK

32. 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.

GENERAL

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33. All building work must be carried out in accordance with the provisions of the

Building Code of Australia.

34. 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.

AT THE COMPLETION OF WORKS

35. The site is to be cleared of all building refuse and spoil immediately after

completion of the building/structure.

ADVICES

A. 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.

B. 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.

C. 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.

D. You are advised that any proposed advertising signs are subject to a separate

Development Application to Council.

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11.5 DA 03-3475 S96 (1)(A) AMENDMENT TO DESIGN AND LOCATION OF

CABINS AND CLUBHOUSE FOR ACCOMMODATION LODGE AND TENNIS

COURTS - LOT 201 DP711193, 28 RAWORTH AVENUE, RAWORTH

RECOMMENDATION: APPROVAL

FILE NO: DA 03-3475

ATTACHMENTS: 1. Locality Plan

2. Development Plans

3. Submissions

RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,

Environment & Lifestyle

David Simm - Manager Development & Environment

Leanne Harris - Development Assessment Coordinator

AUTHOR: Alisa-Jane Evans - Town Planner

APPLICANT: Hilltop Planners Pty Ltd

OWNER: Park & Shop Pty Ltd

PROPOSAL: S96 (1)(A) Amendment to design and location of cabins

and clubhouse for Accommodation Lodge, Clubhouse,

Tennis Courts and Carpark

LOCATION: Lot 201 DP 711193 28 Raworth Avenue Raworth

ZONE: R1 General Residential

EXECUTIVE SUMMARY

Council granted consent on 9 December 2003 for an Accommodation Lodge (12 x 2

Bedroom Cabin), Clubhouse, Tennis Courts and Car Park at Taylors Tennis Academy at Lot

201 DP 711193 28 Raworth Avenue Raworth. A Section 96 (1)(A) application has been

lodged to amend the following:

Amend the design of cabins and reduce the number of self-contained cabins to 8 in total

being 6 x 2 bedroom and 2 x 1 bedroom cabins;

Amend location of cabins;

Amend design and location of clubhouse; and

Removal of trees and new landscaping plan; and

Deletion of additional tennis court.

At the time of the original approval the use was defined as a Recreational Facility which

was a permissible form of development in 6(b) Private Recreation Zone with Council

consent under the Maitland Local Environmental Plan 1993 which applied at time of

lodgment of the original application. The subject land is now zoned R1 General Residential

under Maitland Local Environmental 2011.

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The application was notified for a period of fourteen (14) days between 20 August 2015

and 3 September 2015. During this time four (4) submissions were received raising

concerns primarily with noise, traffic, landscaping, existing operation and stormwater.

The issues raised are addressed in the body of this report, however, it is considered that

the issues are not sufficient to warrant refusal of the application.

The application has been assessed against the requirements of Section 79C of the

Environmental Planning and Assessment Act 1979 and is considered satisfactory.

Accordingly, it is recommended that the application be approved subject to amended

conditions.

OFFICER’S RECOMMENDATION

THAT DA 03-3475 Section 96 (1)(A) to amend the location and design of 6 x 2

bedroom, 2 x 1 self-contained cabins and Clubhouse at Lot 201 DP 711193 28

Raworth Avenue Raworth be approved subject to conditions of consent in the

attached schedule.

PROCEEDINGS IN BRIEF

A motion was moved

THAT DA 03-3475 Section 96 (1)(A) to amend the location and design of 6 x 2 bedroom, 2

x 1 self-contained cabins and Clubhouse at Lot 201 DP 711193 28 Raworth Avenue

Raworth be approved subject to conditions of consent in the attached schedule.

Moved Clr B Geoghegan, Seconded R Aitchison

An amendment was moved:

THAT the item be deferred to hold an on-site inspection and a report bought back to

Council in one (1) month.

Moved Clr S Procter, Seconded Clr B Burke

The amendment when put to the meeting was carried and on becoming the motion was

also declared carried.

COUNCIL RESOLUTION

THAT the item be deferred to hold an on-site inspection and a report bought back

to Council in one (1) month.

Moved Clr S Procter, Seconded Clr B Burke

CARRIED

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The Mayor in accordance with Section 375A of the Local Government Act 1993 called

for a division.

The division resulted in 13 for and 0 against, as follows:

For: Clr R Aitchison Against:

Clr L Baker

Clr P Blackmore

Clr B Burke

Clr P Garnham

Clr B Geoghegan

Clr A Humphery

Clr H Meskauskas

Clr N Penfold

Clr P Penfold

Clr S Procter

Clr K Wethered

Clr B Whiting

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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.

Delete Conditions No. 104 to 207

Stage 3 & 4

Additional Condition No. 208

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

No.

Revn

No.

Revision

Date

Prepared by:

(consultant)

HTP-201504 1 to 6 D 27/01/2016 Hoover Group

Landscaping

Plan 1 to 3 of 3 - 20/10/2015 Hoover Group

Additional Condition No.209

The applicant shall submit to Council a “Notice of Commencement” form at

least two (2) days prior to the commencement of construction works.

Additional Condition No. 210

Prior to the commencement of works an application for a Construction

Certificate shall be submitted to, and be approved by, the Accredited Certifier.

Additional Condition No. 211

Prior to the issue of an Occupation Certificate all conditions of development

consent shall be complied with.

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Additional Condition No. 212

Prior to occupation of the building an Occupation Certificate shall be issued by

the Principal Certifying Authority.

Additional Condition No. 213

Prior to issue of the Construction Certificate, a Compliance Certificate under

Section 50 of the Hunter Water Act 1991 for this development, shall be

submitted to the Accredited Certifier.

Additional Condition No. 214

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, waste material, and the like.

Additional Condition No. 215

All noise from the premise is to cease at 10.00pm. A site manager is to be

available for reporting of any noise incidences from 10.00pm to 7.00am and

signage is to be erected which states the contact number for the site manager.

Additional Condition No. 216

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.

Additional Condition No. 217

All parking bays shall be delineated with line-marking and/or signposting.

Additional Condition No. 218

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 and to Maitland City Council for supply of future owners as

needed.

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Additional Condition No. 219

Prior to issue of the Occupation Certificate, the self-contain cabins and

communal hall will be connected to the stormwater-control system in

accordance with the approved stormwater drainage plan. A qualified engineer

shall supply written certification to the PCA and Council that the constructed

system including detention volume and discharge rates achieve the consent

requirements for detention.

Additional Condition No. 220

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”.

Additional Condition No. 221

All building work shall be carried out in accordance with the provisions of the

Building Code of Australia.

Additional Condition No. 222

All excavations and backfilling shall be executed safely, in accordance with

appropriate professional standards and shall be properly guarded and

protected to prevent the works from being dangerous to life or property.

Additional Condition No. 223

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.

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Additional Condition No. 224

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.

Additional Condition No. 225

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.

Additional Condition No. 226

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.

Additional Condition No. 227

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 requires

consent (refer to State Environmental Planning Policy -Exempt and Complying

Development Codes, 2008) plans and specifications of the wall shall be

approved by Council and/or an accredited certifier.

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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Additional Condition No. 228

If an excavation extends below the level of the base of the footings of a

building/structure on an adjoining allotment of land, the person causing the

excavation to be made.

i) Must preserve and protect the building/structure from damage, and

ii) If necessary, must underpin and support the building/structure in an

approved manner, and

iii) Must, at least 7 days before excavating below the level of the base of

the footings of a building/structure on an adjoining allotment of land,

give notice of intention to do so to the owner of the adjoining

allotment of land and furnish particulars of the excavation to the

owner of the building/structure being erected or demolished.

The owner of the adjoining allotment of land is not liable for any part of the

cost of work carried out for the purposes of this condition, whether carried

out on the allotment of land being excavated or on the adjoining allotment of

land. (Includes a public road and any other public place).

Additional Condition No. 229

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.

Additional Condition No. 230

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.

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Additional Condition No. 231

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.

Additional Condition No. 232

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.

Additional Condition No. 233

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

completion of the building/structure.

No building materials, refuse or spoil is to be deposited on or be allowed to

remain on Council's footpath.

Suitable and adequate measures are to be applied to restrict public access to

the site and building works, materials and equipment.

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ADVICES

A 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.

B 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.

C 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.

D 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.

E 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.

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11.6 VOLUNTARY HOUSE RAISING GRANT SCHEME - GRANT ACCEPTANCE

FILE NO: 103/64/5

ATTACHMENTS: 1. Guidelines for Voluntary House Raising

Schemes

RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,

Environment & Lifestyle

AUTHOR: Ian Shillington - Manager Urban Growth

MAITLAND +10 Outcome 9. Our local rivers and floodplains

COUNCIL OBJECTIVE: 9.2.1 To increase activity and utilisation of the

floodplain, consistent with the flood risk

EXECUTIVE SUMMARY

Council was notified on 2 December 2015 that it was successful in gaining access to the

Voluntary House Raising (VHR) pool as part of the VHR scheme administered by the NSW

Office of Environment and Heritage (OEH). Access to the scheme funds is dependent on

Council preparing an approved work plan and Council being committed to a three year

funding agreement that is to be signed with OEH. The scheme is part of the NSW

Floodplain Management Program and aims to reduce the frequency of exposure to flood

damage of the house and its contents in areas vulnerable to flooding. Access to the

scheme would be valid for a three year period from 2015/16 to 2017/18.

There are a number of properties that may be eligible to participate in such a scheme,

including in the areas of East Maitland, Central Maitland, Lochinvar and Telarah. Recent

flood events in April 2015 and January 2016 may potentially increase participation in such

a scheme. The report recommends that Council accept the offer to access funds as part of

the VHR scheme.

The report also recommends that Council publicise the scheme in the local media,

including advertising for applications to be involved in the scheme. While Council is

responsible for administration of the scheme, costs for the house raising would be met

with one third contribution by approved applicants and the remaining two thirds by the

State Government.

OFFICER’S RECOMMENDATION

THAT

1. Council accept the offer by the State Government to participate in the NSW

2015-16 Floodplain Management Program Voluntary house raising (VHR)

scheme for a three year period.

2. Council advertise the VHR scheme in the media and invite applications from

eligible property owners to participate in the scheme.

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COUNCIL RESOLUTION

THAT

1. Council accept the offer by the State Government to participate in the NSW

2015-16 Floodplain Management Program Voluntary house raising (VHR)

scheme for a three year period.

2. Council advertise the VHR scheme in the media and invite applications from

eligible property owners to participate in the scheme.

Moved Clr P Garnham, Seconded Clr B Whiting

CARRIED

The Mayor in accordance with Section 375A of the Local Government Act 1993 called

for a division.

The division resulted in 13 for and 0 against, as follows:

For: Clr R Aitchison Against:

Clr L Baker

Clr P Blackmore

Clr B Burke

Clr P Garnham

Clr B Geoghegan

Clr A Humphery

Clr H Meskauskas

Clr N Penfold

Clr P Penfold

Clr S Procter

Clr K Wethered

Clr B Whiting

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11.7 TEMPORARY SUSPENSION OF THE ALCOHOL FREE ZONE WITHIN THE

LEVEE SHARED ZONE FOR THE MAITLAND TASTE FESTIVAL 2016

FILE NO: 150/11

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,

Environment & Lifestyle

Lynn Morton - Manager Community and Recreation

Services

AUTHOR: Mary Dallow - Community Planning Coordinator

MAITLAND +10 Outcome 3. Iconic events and local festivals

COUNCIL OBJECTIVE: 3.1.1 To create an economic, social and cultural

benefit to the community through the presentation

of a series of sustainable flagship events

EXECUTIVE SUMMARY

Council has received an application from Marketing and Communications to temporarily

suspend the Alcohol Free Zone in The Levee Shared Zone between Elgin Street and Bourke

Street, Bulwer Street north of the Maitland Leagues Club car park entrance and Dransfield

Lane.

Times of proposed suspension are:

Saturday 12 March 2016, 10.00am – 5.00pm, and

Sunday 13 March 2016, 10.00am – 4.00pm.

The proposal was placed on public exhibition but attracted no comments.

OFFICER’S RECOMMENDATION

THAT

1. That the Alcohol Free Zone in the following location be suspended:

The Levee Shared Zone between Elgin Street and Bourke Street, Bulwer

Street north of the Maitland Leagues Club car park entrance and Dransfield

Lane

2. The period of suspension be restricted to:

Saturday 12 March 2016, 10.00am – 5.00pm, and

Sunday 13 March 2016, 10.00am – 4.00pm.

3. The cost of covering and uncovering the signs is to be met by the applicant.

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COUNCIL RESOLUTION

THAT

1. That the Alcohol Free Zone in the following location be suspended:

The Levee Shared Zone between Elgin Street and Bourke Street, Bulwer

Street north of the Maitland Leagues Club car park entrance and Dransfield

Lane

2. The period of suspension be restricted to:

Saturday 12 March 2016, 10.00am – 5.00pm, and

Sunday 13 March 2016, 10.00am – 4.00pm.

3. The cost of covering and uncovering the signs is to be met by the applicant.

Moved Clr P Garnham, Seconded Clr A Humphery

CARRIED

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11.8 NAMING OF LANE 7 WITHIN MAITLAND AQUATICS FACILITY

FILE NO: 12/58

ATTACHMENTS: 1. Application to Name Building, Park or

Reserve

2. Letter of Support - Jo Horder

3. Letter of Support - Maitland Swimming Club

RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,

Environment & Lifestyle

Lynn Morton - Manager Community and Recreation

Services

AUTHOR: Kate Harris - Recreation Planning Coordinator

MAITLAND +10 Outcome 2. Community and recreation services and

facilities

COUNCIL OBJECTIVE: 2.1.3 To manage and enhance Maitland's aquatic

facilities

EXECUTIVE SUMMARY

In line with Council’s Naming and Renaming of Buildings, Parks & Reserves Policy, an

application has been received to name Lane 7 within Maitland Aquatics Centre after Mrs

Lorraine Horder, who had strong ties with Maitland Swimming Club and the aquatics

facility generally. The purpose of this report is to discuss the application received.

OFFICER’S RECOMMENDATION

THAT

1. Lane 7 within Maitland Aquatics Facility be named ‘Lorraine Horder’

2. A small naming ceremony be held at Maitland Aquatics Centre on 28

February 2016

3. The naming application be forwarded to the NSW Geographic Names Board

for their information only

COUNCIL RESOLUTION

THAT

1. Lane 7 within Maitland Aquatics Facility be named ‘Lorraine Horder’

2. A small naming ceremony be held at Maitland Aquatics Centre on 28

February 2016

3. The naming application be forwarded to the NSW Geographic Names Board

for their information only

Moved Clr H Meskauskas, Seconded Clr B Burke

CARRIED

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11.9 SAFER STREETS PROGRAMME 2015-16 TO 2017-18

FILE NO: 29/31

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,

Environment & Lifestyle

Lynn Morton - Manager Community and Recreation

Services

Mary Dallow - Community Planning Coordinator

AUTHOR: April Phillips - Community Planner - Capacity Building,

Planning Environment & Lifestyle

MAITLAND +10 Outcome 1. Sense of place and pride

COUNCIL OBJECTIVE: 1.4.1 To establish and maintain a city environment

where people feel safe and connected

EXECUTIVE SUMMARY

This report provides key information on the Attorney-General’s Department Safer Streets

Programme 2015-16 to 2017-18 including the criteria and supporting evidence required

for application submissions.

Comparison of crime trends for the Maitland Local Government Area (LGA) and Hunter

region is presented within the context of the Closed Circuit Television (CCTV) proposal for

The Levee Precinct and the Rutherford Commercial Precinct. The types of crime which

have been included are; Assault (non-domestic violence related), robbery, theft and

malicious damage to property.

Essential requirements of CCTV are outlined and alternative strategies for an integrated

crime prevention approach are addressed.

Recommendations have been provided based on the specified crime data which is

trending down, and the supported evidence for a holistic, integrated approach to crime

prevention and community safety within the Maitland LGA, rather than a focus on CCTV

alone.

OFFICER’S RECOMMENDATION

THAT

1. Council does not submit an application for the Safer Streets Programme

2015-16 to 2017-18, as statistical data recorded by the Bureau of Crime

Statistics and Research (BOCSAR) demonstrates a five (5) year downward and

stable trend in the incidents of crime in Maitland.

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2. Council engage a suitably qualified and experienced consultant to advise

Council on the most appropriate measures for The Levee, Rutherford and

East Maitland in terms of crime prevention, the use of CCTV or alternative

tools.

3. The sum of $25,000 be listed for consideration in the forming of the 2016/17

Operational Plan to engage a suitably qualified consultant to advise Council

on the most appropriate crime prevention measures, the use of CCTV or

alternative tools for The Levee, Rutherford and East Maitland commercial

precincts.

COUNCIL RESOLUTION

THAT

1. Council does not submit an application for the Safer Streets Programme

2015-16 to 2017-18, as statistical data recorded by the Bureau of Crime

Statistics and Research (BOCSAR) demonstrates a five (5) year downward and

stable trend in the incidents of crime in Maitland.

2. Council engage a suitably qualified and experienced consultant to advise

Council on the most appropriate measures for The Levee, Rutherford and

East Maitland in terms of crime prevention, the use of CCTV or alternative

tools.

3. The sum of $25,000 be listed for consideration in the forming of the 2016/17

Operational Plan to engage a suitably qualified consultant to advise Council

on the most appropriate crime prevention measures, the use of CCTV or

alternative tools for The Levee, Rutherford and East Maitland commercial

precincts.

Moved Clr B Geoghegan, Seconded Clr L Baker

CARRIED

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11.10 REGIONAL LIBRARY COLLABORATION - MEMORANDUM OF

UNDERSTANDING

FILE NO: 86/20

ATTACHMENTS: 1. NSW Public Libraries Association Central

East Zone - Memorandum of Understanding -

Regional Collaboration

RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,

Environment & Lifestyle

Lynn Morton - Manager Community and Recreation

Services

AUTHOR: Keryl Collard - City Librarian

MAITLAND +10 Outcome 2. Community and recreation services and

facilities

COUNCIL OBJECTIVE: 2.2.2 To ensure library services and programs respond

to changes in needs and expectations of the

community

EXECUTIVE SUMMARY

The purpose of this report is to seek endorsement of a draft Memorandum of

Understanding in relation to regional collaboration between member Councils of the NSW

Public Libraries Association Central East Zone. The Memorandum of Understanding

provides a framework within which projects may be carried out between public libraries in

the Hunter and Central Coast region.

OFFICER’S RECOMMENDATION

THAT

1. The draft Memorandum of Understanding in relation to Regional

Collaboration between Hunter and Central Coast Libraries is endorsed.

COUNCIL RESOLUTION

THAT

1. The draft Memorandum of Understanding in relation to Regional

Collaboration between Hunter and Central Coast Libraries is endorsed.

Moved Clr R Aitchison, Seconded Clr L Baker

CARRIED

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11.11 MAITLAND TASTE FESTIVAL 2016

FILE NO: 35/21/11

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,

Environment & Lifestyle

Rachel MacLucas - Manager Marketing and

Communications

AUTHOR: Adam Franks - Coordinator Events

MAITLAND +10 Outcome 3. Iconic events and local festivals

COUNCIL OBJECTIVE: 3.1.1 To create an economic, social and cultural

benefit to the community through the presentation

of a series of sustainable flagship events

EXECUTIVE SUMMARY

Maitland Taste has been held annually in Central Maitland since 2009 and is now a key

feature of the city’s annual flagship events program.

The event was created to provide the community with an opportunity to celebrate, as a

driver for visitation, to generate awareness of the product offering in Central Maitland

and to provide an economic injection into the city.

In 2015 Taste was rebranded into a more contemporary, interactive and strongly themed

event with a focus on pop up spaces, cooking demonstrations and interactive displays,

laneway activations, street art installations, entertainment and more to tie into the

redevelopment of The Levee into a lifestyle precinct.

To assist the rebrand and supplement the reduction in the capacity to generate income

through stalls due to the changed layout of The Levee, Council allocated $50,000 to the

event in 2015.

The council report for Taste 2015 highlighted that a reduced funding amount would be

sought for the 2016 event and that by 2017 the event would be self-funding (excluding the

marketing contribution from the marketing levy).

OFFICER’S RECOMMENDATION

THAT

1. Council contributes a funding allocation of $25,000 to Maitland Taste 2016 with

aim of it becoming self-funding in the future (excluding the marketing contribution from the marketing levy).

2. The $25,000 allocation be made available from the 2015/16 budget with the funding source to be determined through the next quarterly budget review.

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COUNCIL RESOLUTION

THAT

1. Council contributes a funding allocation of $25,000 to Maitland Taste 2016 with

aim of it becoming self-funding in the future (excluding the marketing contribution from the marketing levy).

2. The $25,000 allocation be made available from the 2015/16 budget with the funding source to be determined through the next quarterly budget review.

Moved Clr P Garnham, Seconded Clr B Whiting

CARRIED

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12 INFRASTRUCTURE AND WORKS REPORTS

12.1 CHRISTOPHER ROAD, LOCHINVAR - ROAD STATUS

FILE NO: 222/111

ATTACHMENTS: 1. Christopher Road, Lochinvar locality plan

RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works

AUTHOR: Kevin Stein - Manager Infrastructure Design

MAITLAND +10 Outcome 5. Moving around our City

COUNCIL OBJECTIVE: 5.1.2 To improve the safety, quality and amenity of

local roads through increased road reconstruction,

resurfacing and line marking programs

EXECUTIVE SUMMARY

Christopher Road, Lochinvar, east of Winders Lane, is considered a private road and not

maintained by Council. Recent storms have eroded the road pavement requiring

maintenance to be undertaken. Adjoining owners are seeking Council to dedicate the

road as a public road and maintain this section of road.

OFFICER’S RECOMMENDATION

THAT

1. Council dedicate Christopher Road east of Winders Lane to the eastern

boundary of Lot 1422 DP1204088 as a public road.

COUNCIL RESOLUTION

THAT

1. Council dedicate Christopher Road east of Winders Lane to the eastern

boundary of Lot 1422 DP1204088 as a public road.

Moved Clr B Whiting, Seconded Clr H Meskauskas

CARRIED

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12.2 OAKHAMPTON HEIGHTS

FILE NO: 103/72; 57/4; 222/571

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works

AUTHOR: Chris James - Group Manager Infrastructure & Works

MAITLAND +10 Outcome 4. Well-planned and integrated

infrastructure

COUNCIL OBJECTIVE: 4.2.1 To ensure that long term plans for growth are

supported by appropriate infrastructure plans for

public utilities, transport, and community and

recreation facilities

EXECUTIVE SUMMARY

Council has been contacted by a number of residents from Oakhampton Heights regarding

property access during the recent flood event and the impact the resultant access

constraints have on their personal welfare and amenity.

The purpose of this report is to provide Council with:

summary of residents’ concerns

background information on the development

current subdivision flood access provisions

roles and responsibilities of the SES and Council during a flood event

reasons for decisions and recommendations for Council to consider.

This matter will be the subject of a further report to Council when an agreed way forward

has been developed. In the meantime, the current access arrangements will remain in

place.

OFFICER’S RECOMMENDATION

THAT

1. A report be prepared for the consideration of Council detailing the suitable

options for the provision of access to Oakhampton Heights in time of flood;

2. A Council briefing be held on flood access across the Maitland LGA.

COUNCIL RESOLUTION

THAT

1. A report be prepared for the consideration of Council detailing the suitable

options for the provision of access to Oakhampton Heights in time of flood;

2. A Council briefing be held on flood access across the Maitland LGA.

Moved Clr P Penfold, Seconded Clr S Procter

CARRIED

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12.3 KIAH ROAD BRIDGE OVER RAIL CORRIDOR, GILLIESTON HEIGHTS -

REQUEST REGARDING OWNERSHIP AND MAINTENANCE

FILE NO: 122/940/2

ATTACHMENTS: 1. Letter from SMR requesting repair,

maintenance and ownership by MCC

2. Structural Engineers Report for Kiah Road

Bridge

3. Kiah Road Bridge location shot

4. Kiah Road Bridge Locality Plan

RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works

AUTHOR: Chris McGrath - Manager Infrastructure Strategy &

Works Programming

MAITLAND +10 Outcome 5. Moving around our City

COUNCIL OBJECTIVE: 5.1.4 To provide safe and effective transport

infrastructure

EXECUTIVE SUMMARY

South Maitland Railways Pty Limited (SMR) claim that:

The increase in the use of the Kiah Road Bridge has seen SMR burdened with an increased

financial responsibility and exposure to risk. South Maitland Railways considers these

burdens unfair given that:

The main purpose of the bridge is to provide access for a public road owned by Council

SMR has little to no say in the approval of developments

South Maitland Railways formally requests that the bridge repair and maintenance costs

be borne by Council with ownership ultimately ceded to Council.

Council should not accept ownership of the bridge as it the responsibility of all rail

corridor owners to provide safe access across their rail lines, whether by low level

crossing, road over rail bridges or rail over road bridges. Access enables the rail corridor

owners to safely conduct their business while satisfying the right of property owners to

access their land.

While ownership should not be ceded to Council, there are circumstances where

contribution to the upkeep of access is reasonable. Such a circumstance is the increased

use of a bridge due to development.

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Attached is a Structural Engineers Report by Barker Harle Consulting Engineers,

commissioned by SMR. The report details minor works of $65,000 over five years.

Therefore, a 50% contribution totaling $32,500 or $6,500 annualised over the next five

years is reasonable and should be considered in future capital works programs.

OFFICER’S RECOMMENDATION

THAT

1. The request by South Maitland Railways Pty Limited for the ownership of

Kiah Road Bridge to be ceded to Council be rejected, and

2. A 50% contribution totaling $32,500, or $6,500 annualised over the next five

years, be considered in future capital works programs.

COUNCIL RESOLUTION

THAT

1. The request by South Maitland Railways Pty Limited for the ownership of

Kiah Road Bridge to be ceded to Council be rejected, and

2. A 50% contribution totaling $32,500, or $6,500 annualised over the next five

years, be considered in future capital works programs.

Moved Clr S Procter, Seconded Clr L Baker

CARRIED

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12.4 THE MAITLAND TASTE: FOOD, WINE & MUSIC FESTIVAL 2016 -

TEMPORARY ROAD CLOSURES

FILE NO: 140/5

ATTACHMENTS: 1. Traffic Control Plan - Maitland Taste 2016

RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works

Stephen Hawes - Manager Infrastructure Planning

and Development Engineering

Scott Henderson - Coordinator Infrastructure

Planning Engineering

AUTHOR: Kenneth Splatt - Traffic Officer

MAITLAND +10 Outcome 3. Iconic events and local festivals

COUNCIL OBJECTIVE: 3.1.1 To create an economic, social and cultural

benefit to the community through the presentation

of a series of sustainable flagship events

EXECUTIVE SUMMARY

The Maitland Taste: Food, Wine & Music Festival is planned to be held in “The Levee’ on the

weekend of 12-13 March 2016, featuring cooking demonstrations, wine education

sessions, and music. This festival has become a popular attraction for tourism in

Maitland.

To facilitate the safe and effective management of this event, the organisers have

requested approval to temporarily close High Street, Maitland, from Elgin Street to Bourke

Street, and part of Bulwer Street. These temporary road closures will enable the stall

setup and facilitate safe pedestrian movements in this precinct for the duration of the

festival.

OFFICER’S RECOMMENDATION

THAT the following temporary road closures for the ‘Maitland Taste’ Food, Wine

and Music Festival special event be approved:

1. From 6.00am Friday, 11 March to 7.00am Monday, 14 March 2016:

High Street - between Elgin Street and Bourke Street;

Bulwer Street - from High Street to just north of the Maitland Leagues Club

entrance;

Dransfield Lane.

2. The installation of the signs and devices to affect the proposed temporary road

closures also be approved.

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COUNCIL RESOLUTION

THAT the following temporary road closures for the ‘Maitland Taste’ Food, Wine

and Music Festival special event be approved:

1. From 6.00am Friday, 11 March to 7.00am Monday, 14 March 2016:

High Street - between Elgin Street and Bourke Street;

Bulwer Street - from High Street to just north of the Maitland Leagues Club

entrance;

Dransfield Lane.

2. The installation of the signs and devices to affect the proposed temporary road

closures also be approved.

Moved Clr P Garnham, Seconded Clr B Geoghegan

CARRIED

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13 ADMINISTRATION AND GOVERNANCE REPORTS

13.1 STATEMENT OF INVESTMENTS AS AT 30 NOVEMBER 2015

FILE NO: 82/2

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: Graeme Tolhurst - Group Manager Administration &

Governance

AUTHOR: Phil Freeman - Manager Finance

MAITLAND +10 Outcome 19. A sustainable Council for a sustainable

City

COUNCIL OBJECTIVE: 19.1.1 To ensure the principles of sustainability

underpin Council’s financial, economic, social and

environmental decision-making

EXECUTIVE SUMMARY

Clause 212 of the Local Government (General) Regulation 2005 requires Council to report

on its investments.

OFFICER’S RECOMMENDATION

THAT

1. The report indicating Council’s Funds Management position be received and

noted.

2. The certificate of the Responsible Accounting Officer be noted and the report

adopted.

COUNCIL RESOLUTION

THAT

1. The report indicating Council’s Funds Management position be received and

noted.

2. The certificate of the Responsible Accounting Officer be noted and the report

adopted.

Moved Clr B Burke, Seconded Clr B Whiting

CARRIED

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13.2 STATEMENT OF INVESTMENTS AS AT 31 DECEMBER 2015

FILE NO: 82/2

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: Graeme Tolhurst - Group Manager Administration &

Governance

AUTHOR: Mark Ackland - Compliance Accountant

MAITLAND +10 Outcome 19. A sustainable Council for a sustainable

City

COUNCIL OBJECTIVE: 19.1.1 To ensure the principles of sustainability

underpin Council’s financial, economic, social and

environmental decision-making

EXECUTIVE SUMMARY

Clause 212 of the Local Government (General) Regulation 2005 requires Council to report

on its investments.

OFFICER’S RECOMMENDATION

THAT

1. The report indicating Council’s Funds Management position be received and

noted.

2. The certificate of the Responsible Accounting Officer be noted and the report

adopted.

COUNCIL RESOLUTION

THAT

1. The report indicating Council’s Funds Management position be received and

noted.

2. The certificate of the Responsible Accounting Officer be noted and the report

adopted.

Moved Clr B Burke, Seconded Clr A Humphery

CARRIED

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14 STRATEGY AND PERFORMANCE REPORTS

Nil

15 MAJOR PROJECTS REPORTS

Nil

16 HUMAN RESOURCES REPORTS

Nil

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17 ITEMS FOR INFORMATION

17.1 ANZAC DAY 2016 MORPETH - TRAFFIC MANAGEMENT

FILE NO: 140/5

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works

AUTHOR: Stephen Hawes - Manager Infrastructure Planning

and Development Engineering

MAITLAND +10 Outcome 3. Iconic events and local festivals

COUNCIL OBJECTIVE: 3.1.1 To create an economic, social and cultural

benefit to the community through the presentation

of a series of sustainable flagship events

EXECUTIVE SUMMARY

At its meeting of 11 August 2015, Council resolved that a report be brought back to

Council regarding the cost of traffic management of the Morpeth ANZAC Day Event.

Over the years, the crowd control requirements for the event have increased to meet the

legislative requirements of the Roads Act 1993 and NSW Guide for Traffic and Transport

Management for Special Events.

The traffic and crowd control is now managed by a qualified traffic control company who

assumes the authority and liability for the traffic management during the event. This has

created an increase in the cost to the organisers of running the event. A previous report

to Council on 11 August 2015 identified that a cost for traffic management of $2,500

would be an appropriate figure to run this event.

OFFICER’S RECOMMENDATION

THAT the information contained in this Report be noted.

COUNCIL RESOLUTION

THAT the information contained in this Report be noted.

Moved Clr B Geoghegan, Seconded Clr S Procter

CARRIED

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17.2 COMMENCEMENT OF THE LOCAL GOVERNMENT AMENDMENT

(COUNCILLOR MISCONDUCT & POOR PERFORMANCE ACT) 2015

FILE NO: 35/47

ATTACHMENTS: 1. OLG Circular

RESPONSIBLE OFFICER: Graeme Tolhurst - Group Manager Administration &

Governance

AUTHOR: Amanda Hillman - Coordinator Governance

MAITLAND +10 Outcome 18. An efficient and effective Council

COUNCIL OBJECTIVE: 18.2.1 To maintain effective and appropriate systems

to ensure decision-making is transparent, accessible

and accountable

EXECUTIVE SUMMARY

This report advises that the amendments to the NSW Local Government Act 1993 made by

the Local Government Amendment (Councillor Misconduct and Poor Performance) Act

2015 commenced on 13 November 2015.

OFFICER’S RECOMMENDATION

THAT the information contained in this Report be noted.

COUNCIL RESOLUTION

THAT the information contained in this Report be noted.

Moved Clr P Garnham, Seconded Clr B Burke

CARRIED

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17.3 THE VISITOR ECONOMY MARKETING ACTIVITY PLAN 2016

FILE NO: 139/30

ATTACHMENTS: 1. Visitor Economy Marketing Activity Plan

2016

RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,

Environment & Lifestyle

Rachel MacLucas - Manager Marketing and

Communications

AUTHOR: Jade McArthur - Team Leader Marketing

MAITLAND +10 Outcome 14. Living, working, visiting and investing in

Maitland

COUNCIL OBJECTIVE: 14.3.3 To maintain and strengthen Maitland as a key

tourism offering in the Hunter Region

EXECUTIVE SUMMARY

The Visitor Economy Marketing Activity Plan 2016 is the guiding document for marketing

activity for the visitor economy up to December 2016. The draft was developed with input

from the Marketing and Communication, Visitor Economy and Events teams and was

subsequently offered to the wider business community for input before finalising the plan

on Monday 18 January. The Plan is now moving into the implementation phase.

OFFICER’S RECOMMENDATION

THAT the information contained in this Report be noted.

COUNCIL RESOLUTION

THAT the information contained in this Report be noted.

Moved Clr B Burke, Seconded Clr L Baker

CARRIED

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18 NOTICES OF MOTION/RESCISSION

18.1 DEGRADATION OF AGRICULTURAL LAND

NOTICE OF MOTION SUBMITTED BY CLR ARCH HUMPHERY

FILE NO: 35/7/4

ATTACHMENTS: 1. Letter to residents re Drainage Investigation

Project

RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works

Clr Arch Humphery has indicated his intention to move the following Notice of

Motion at the next Council Meeting being held on Tuesday, 9 February 2016:

THAT Maitland Council officers investigate possible solutions and funding to alleviate the

continued degradation of prime agricultural land between Bolwarra and Millers Forest

due to the cumulative effect of continued urban development, poor drainage

infrastructure and continued filling on the flood plain.

The loss of production and the rendering of some agricultural land unsuitable for farming

highlights the need for large retention basins and enlarged drainage channels to mitigate

the effect of urban development.

COUNCIL RESOLUTION

THAT

Maitland Council officers investigate possible solutions and funding to alleviate

the continued degradation of prime agricultural land between Bolwarra and

Millers Forest due to the cumulative effect of continued urban development, poor

drainage infrastructure and continued filling on the flood plain.

Moved Clr A Humphery, Seconded Clr S Procter

CARRIED

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18.2 FLOODING AT OAKHAMPTON HEIGHTS

NOTICE OF MOTION SUBMITTED BY CLR PHILIP PENFOLD

FILE NO: 35/7/4

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works

Clr Philip Penfold has indicated his intention to move the following Notice of Motion

at the next Council Meeting being held on Tuesday, 9 February 2016:

THAT Council investigate and report on means by which Oakhampton Heights residents

can gain flood free access in times of flooding of Scobies Lane without use of emergency

SES powers. Report is to include estimate on any cost, permissions and liability

arrangements.

Notes

During 2 flood events in the past year, approx. 20-30 homes in the above affected

area were cut off due to flooding of Scobies Lane.

Most recently that flooding cut the only road in/out for almost a week.

Some of the current residents in these homes have high needs disabilities.

While SES went above and beyond in providing assistance and part time access, I

would think it worth reporting on the possibility of council arranging access without

the need to draw upon SES resources at such times.

Access in an emergency is possible via Walka Water Works, ARTC bridge and across

private land though I understand arrangements would need to be put in place

regarding permissions, liability, and consideration given to the road condition.

I would hope that for at least part of each day during the flooding of Scobies Lane,

arrangements can be made to allow access.

Note: Clr P Penfold withdrew this motion at the meeting as it was covered in Item

12.2

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19 QUESTIONS WITH NOTICE

20 URGENT BUSINESS

Nil

Council moved into the Committee of the Whole at 7.29pm.

Moved Clr B Burke, Seconded Clr P Garnham

CARRIED

Council moved into Closed Session the Committee of the Whole at 7.29pm

Moved Clr A Humphrey, Seconded Clr P Penfold

CARRIED

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21 COMMITTEE OF THE WHOLE

21.1 BUILDING BETTER REGIONAL CITIES PROGRAM FUNDING AGREEMENT

FOR AFFORDABLE HOUSING AND SUPPORTING INFRASTRUCTURE -

RECONSTRUCTION OF ATHEL D'OMBRAIN DRIVE

FILE NO: 65/17

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: Wayne Cone - Executive Manager Major Projects

AUTHOR: Wayne Cone - Executive Manager Major Projects

Ian Shillington - Manager Urban Growth

David Evans - General Manager

MAITLAND +10 Outcome 7. Diverse and affordable housing

COUNCIL OBJECTIVE: 7.1.1 To deliver infrastructure to support affordable

housing in Central Maitland, including works at

Maitland Station precinct and Athel D’ombrain Drive

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.

EXECUTIVE SUMMARY

On 23 October 2012 Council resolved to accept the affordable housing supporting

infrastructure project funding agreement through the Department of Families, Housing,

Community Services and Indigenous Affairs (FHCSIA) for the provision of $11.3m in grant

funding under the Building Better Regional Cities (BBRC) Program to reconstruct Athel

D’Ombrain Drive (ADD), Maitland.

On 9 April 2013 Council agreed to accept the risk related to the repayment amount for

non-completion of affordable housing dwellings by 30 June 2016 in accordance with the

funding agreement document. The funding agreement document was executed on 20 May

2013.

Following contract design and documentation, and some preliminary construction work,

the largest contract construction stage at the western end of ADD (Transport Interchange

end) commenced in August 2015, with this work expected to be completed in July 2016,

weather permitting.

The growth in housing in Central Maitland is one of a range of initiatives aimed to

revitalise the city centre. The Central Maitland Structure Plan is underpinned by growing

the Central Maitland population by 3,000 to 3,500 residents accommodated in

1,300 dwelling units.

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While there has been a lack of demonstrated progress in achieving affordable housing

projects in Central Maitland that meet the requirements of the BBRC program, there are

encouraging signs that housing demand is increasing. This is evident due to recent

approvals and other prospective projects where planning is currently underway.

This report provides details on negotiations with the Department of Social Services (DSS),

formerly the Department of FHSCIA, in regard to variations to the funding agreement that

include changes to the scope of work, extensions to the delivery times for both

infrastructure and affordable housing, and increased numbers of affordable housing

dwelling units to be provided. The report also includes details of negotiations to date with

a provider of affordable housing and addresses a DSS proposal for Council to obtain

independent expert advice on the likelihood of achieving revised timeframes for delivery

of the affordable housing.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION

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.

COUNCIL RESOLUTION

THAT

1. Council pursue a variation to the Federal Government BBRC Program funding

agreement for Affordable Housing and Supporting Infrastructure –

Reconstruction of Athel D’Ombrain Drive that extends the time for delivery

of both the infrastructure and the affordable housing, and increases the

number of affordable housing dwelling units to be delivered on Council and

private land, in accordance with Option 2 in this report.

2. Council obtain expert advice on avenues and means by which the affordable

housing elements of the Athel D’Ombrain Drive project can be delivered.

Moved Clr P Penfold, Seconded Clr B Burke

CARRIED

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21.2 191 HIGH STREET, MAITLAND

FILE NO: P43708

ATTACHMENTS: 1. 191 High Street, Maitland

RESPONSIBLE OFFICER: Graeme Tolhurst - Group Manager Administration &

Governance

AUTHOR: Graeme Tolhurst - Group Manager Administration &

Governance

MAITLAND +10 Outcome 7. Diverse and affordable housing

COUNCIL OBJECTIVE: 7.1.1 To deliver infrastructure to support affordable

housing in Central Maitland, including works at

Maitland Station precinct and Athel D’ombrain Drive

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.

EXECUTIVE SUMMARY

Council has an option on 191 High Street, Maitland. The option was until 31 December

2015. This report is to consider extending the option on the property.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION

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.

COUNCIL RESOLUTION

THAT

1. Council continue with an option to purchase the property with a monthly

option fee. The owner would provide a covenant not to lease the property to

a third party this would be in place until. 30 June 2016.

Moved Clr R Aitchison, Seconded Clr B Whiting

CARRIED

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21.3 LOT 1490 DP 1005639 AND LOT 14 DP 730416 WEBLANDS STREET,

ABERGLASSLYN

FILE NO: 103/40/1

ATTACHMENTS: 1. Lot 1490 DP 1005639 and Lot 14 DP 730416

Weblands Street, Aberglasslyn

RESPONSIBLE OFFICER: Graeme Tolhurst - Group Manager Administration &

Governance

AUTHOR: Graeme Tolhurst - Group Manager Administration &

Governance

MAITLAND +10 Outcome 14. Living, working, visiting and investing in

Maitland

COUNCIL OBJECTIVE: 14.4.1 To enable new accommodation to be realised

through planning partnerships and promotion

THAT Council move into Confidential Session to discuss this item under the terms of the

Local Government Act 1993 Section 10A(2), as follows: (d) (i) commercial information of a

confidential nature that would, if disclosed prejudice the commercial position of the

person who supplied it.

EXECUTIVE SUMMARY

Council is to consider the land at Lot 1490 DP 1005639 and Lot 14 DP 730416 Weblands

Street, Aberglasslyn. This is as a result of a decision at the Council Meeting of 8 December

2015.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION

THAT Council move into Confidential Session to discuss this item under the terms of the

Local Government Act 1993 Section 10A(2), as follows:

(d) (i) commercial information of a confidential nature that would, if disclosed

prejudice the commercial position of the person who supplied it.

COUNCIL RESOLUTION

THAT

1. Council rescind the resolution of 8 December 2015.

2. Council call for Expression of Interest for Lot 1490 DP 1005639 and Lot 14 DP

730416 Weblands Street, Aberglasslyn as per the Council report.

3. A further report be brought back to Council on the drainage issues referred

to in this report.

Moved Clr H Meskauskas, Seconded Clr B Burke

CARRIED

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21.4 CONSIDERATION OF CONSTRUCTION EXPRESSIONS OF INTEREST -

MAITLAND NO. 1 SPORTSGROUND GRANDSTAND REDEVELOPMENT

FILE NO: 137/1353

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works

Graeme Matthews - Manager Infrastructure Projects

and Building Services

AUTHOR: Aaron Cook - Senior Project Architect

MAITLAND +10 Outcome 2. Community and recreation services and

facilities

COUNCIL OBJECTIVE: 2.1.12 To maintain and evolve the City's high quality

and distinctive facilities including Maitland Park,

Walka Water Works and No. 1 Sportsground

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.

EXECUTIVE SUMMARY

Expressions of Interest (EOIs) for the construction of the Maitland No. 1 Sportsground

Redevelopment were called on 8 December 2015. The EOI period closed on 19 January

2016, and nineteen EOIs were received. All nineteen submissions have been assessed in

accordance with a Tender Evaluation Plan by a Tender Review Panel.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION

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.

COUNCIL RESOLUTION

THAT Council invite construction tenders from the following five EOI respondents

for the Maitland No. 1 Sportsground Grandstand:

Watpac Constructions Pty Ltd

Lipman Pty Ltd

Kane Constructions Pty Ltd

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Hansen Yuncken Pty Ltd

North Construction and Building Pty Ltd.

Moved Clr L Baker, Seconded Clr B Burke

CARRIED

The Mayor in accordance with Section 375A of the Local Government Act 1993 called

for a division.

The division resulted in 13 for and 0 against, as follows:

For: Clr R Aitchison Against:

Clr L Baker

Clr P Blackmore

Clr B Burke

Clr P Garnham

Clr B Geoghegan

Clr A Humphery

Clr H Meskauskas

Clr N Penfold

Clr P Penfold

Clr S Procter

Clr K Wethered

Clr B Whiting

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21.5 CONSIDERATION OF TENDERS - MAITLAND PARK INDOOR 25M POOL

FILE NO: 137/1351

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: Graeme Matthews - Manager Infrastructure Projects

and Building Services

Chris James - Group Manager Infrastructure & Works

AUTHOR: Aaron Cook - Senior Project Architect

MAITLAND +10 Outcome 2. Community and recreation services and

facilities

COUNCIL OBJECTIVE: 2.1.4 To construct a year round, indoor pool at

Maitland Aquatic Facility

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.

EXECUTIVE SUMMARY

Tenders for the construction of the new indoor 25m pool at Maitland Park were called on

22 October 2015. The tender period closed on 8 December 2015, and nine tenders were

received. All nine submissions have been assessed in accordance with a Tender Evaluation

Plan by a Tender Review Panel.

This report provides details of the tender assessment, a recommendation to award a

contract and a proposed funding strategy. The tenders are being reported to the

Committee of the Whole as they contain confidential information.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION

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.

COUNCIL RESOLUTION

THAT

1. A contract be awarded to Graph Builders Pty Ltd in the value of $9,341,787.00

including GST ($8,492,533.64 excluding GST).

2. The Mayor and General Manager sign the contract documents and affix the

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common seal of Council to the contract documents.

Moved Clr H Meskauskas, Seconded Clr B Burke

CARRIED

The Mayor in accordance with Section 375A of the Local Government Act 1993 called

for a division.

The division resulted in 12 for and 1 against, as follows:

For: Clr R Aitchison Against: Clr P Penfold

Clr L Baker

Clr P Blackmore

Clr B Burke

Clr P Garnham

Clr B Geoghegan

Clr A Humphery

Clr H Meskauskas

Clr N Penfold

Clr S Procter

Clr K Wethered

Clr B Whiting

Council resumed into the Open Session at 7.58pm.

Moved Clr A Humphrey, Seconded Clr P Garnham

CARRIED

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22 COMMITTEE OF THE WHOLE RECOMMENDATIONS

The following resolutions that were made whilst Council was closed to the public and

press were read to the meeting by the General Manager.

21.1 BUILDING BETTER REGIONAL CITIES PROGRAM FUNDING AGREEMENT FOR

AFFORDABLE HOUSING AND SUPPORTING INFRASTRUCTURE - RECONSTRUCTION

OF ATHEL D'OMBRAIN DRIVE

COUNCIL RESOLUTION

THAT

1. Council pursue a variation to the Federal Government BBRC Program funding

agreement for Affordable Housing and Supporting Infrastructure –

Reconstruction of Athel D’Ombrain Drive that extends the time for delivery

of both the infrastructure and the affordable housing, and increases the

number of affordable housing dwelling units to be delivered on Council and

private land, in accordance with Option 2 in this report.

2. Council obtain expert advice on avenues and means by which the affordable

housing elements of the Athel D’Ombrain Drive project can be delivered.

Moved Clr P Penfold, Seconded Clr B Burke

CARRIED

21.2 191 HIGH STREET, MAITLAND

COUNCIL RESOLUTION

THAT

1. Council continue with an option to purchase the property with a monthly

option fee. The owner would provide a covenant not to lease the property to

a third party this would be in place until. 30 June 2016.

Moved Clr R Aitchison, Seconded Clr B Whiting

CARRIED

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9 FEBRUARY 2016

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21.3 LOT 1490 DP 1005639 AND LOT 14 DP 730416 WEBLANDS STREET,

ABERGLASSLYN

COUNCIL RESOLUTION

THAT

1. Council rescind the resolution of 8 December 2015.

2. Council call for Expression of Interest for Lot 1490 DP 1005639 and Lot 14 DP

730416 Weblands Street, Aberglasslyn as per the Council report.

3. A further report be brought back to Council on the drainage issues referred

to in this report.

Moved Clr H Meskauskas, Seconded Clr B Burke

CARRIED

21.4 CONSIDERATION OF CONSTRUCTION EXPRESSIONS OF INTEREST - MAITLAND

NO. 1 SPORTSGROUND GRANDSTAND REDEVELOPMENT

COUNCIL RESOLUTION

THAT Council invite construction tenders from the following five EOI respondents

for the Maitland No. 1 Sportsground Grandstand:

Watpac Constructions Pty Ltd

Lipman Pty Ltd

Kane Constructions Pty Ltd

Hansen Yuncken Pty Ltd

North Construction and Building Pty Ltd.

Moved Clr L Baker, Seconded Clr B Burke

CARRIED

21.5 CONSIDERATION OF TENDERS - MAITLAND PARK INDOOR 25M POOL

COUNCIL RESOLUTION

THAT

1. A contract be awarded to Graph Builders Pty Ltd in the value of $9,341,787.00

including GST ($8,492,533.64 excluding GST).

2. The Mayor and General Manager sign the contract documents and affix the

common seal of Council to the contract documents.

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Moved Clr H Meskauskas, Seconded Clr B Burke

CARRIED

Council resolved that the recommendations of the Closed Session of Committee of the

Whole be adopted.

Moved Clr P Garnham, Seconded Clr Whiting

CARRIED

23 CLOSURE

The meeting was declared closed at 7.59 pm.

................................

Chairperson