1st ordinary council meeting - open agenda - 17 may 2016 · 1st ordinary council meeting tuesday,...
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1st Ordinary Council Meeting
Tuesday, 17 May 20165:00pm
Business Papers
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To the Lord Mayor and Aldermen
You are invited to attend a 1st Ordinary Council Meeting to be held in the Council Chambers, Level 1, Civic Centre, Harry Chan Avenue, Darwin, on Tuesday, 17 May 2016, commencing at 5.00 pm.
B P DOWD CHIEF EXECUTIVE OFFICER
Office Use Only Placed on Public Notice Board: ___________________________________ Removed from Public Notice Board: ___________________________________
Notice of Meeting
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1st Ordinary Council Meeting
Tuesday, 17 May 2016
at 5.00 pm
From 5.15 pm. Mr Michael Solomon, Chief Executive Officer, and Mr Stephen Nugent, Chief Operating Officer, AFL Northern Territory will be in attendance from 5.15 pm to brief the Council on the Gardens Oval Lights at the Open Section of the Meeting. From 5.45 pm. Representatives from the RAAF Base Darwin will be in attendance from 5:45 pm to brief the Council on Rapid Creek at the Open Section of the Meeting.
Guests
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NINETY-FIRST ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 17 MAY 2016 PAGE ORD5/1
Ninety-First Meeting of the Twenty-First Council Tuesday, 17 May 2016 PAGE ORD5/1
Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.
CITY OF DARWIN
NINETY-FIRST ORDINARY MEETING OF THE TWENTY-FIRST COUNCIL
TUESDAY, 17 MAY 2016
MEMBERS: The Right Worshipful, Lord Mayor, Ms K M Fong Lim, (Chairman); Member R K Elix; Member J A Glover; Member G J Haslett; Member R M Knox; Member G A Lambert; Member G Lambrinidis; Member A R Mitchell; Member S J Niblock; Member M Palmer; Member R Want de Rowe; Member K J Worden; Member E Young.
OFFICERS: Chief Executive Officer, Mr B P Dowd; General Manager Corporate
Services, Dr D Leeder; General Manager Infrastructure, Mr L Cercarelli; General Manager Community & Cultural Services, Ms A Malgorzewicz; Executive Manager, Mr M Blackburn; Committee Administrator, Mrs P Hart.
GUESTS: Mr Michael Solomon, Chief Executive Officer, and Mr Stephen Nugent,
Chief Operating Officer, AFL Northern Territory will be in attendance from 5.15 pm to brief the Council on the Gardens Oval Lights.
Representatives from the RAAF Base Darwin will be in attendance from
5:45 pm to brief the Council on Rapid Creek.
Enquiries and/or Apologies: Penny Hart E-mail: [email protected]
PH: 8930 0670
WEBCASTING DISCLAIMER The City of Darwin is live webcasting the Open Section of Ordinary Council Meetings. Audio-visual recording equipment has been configured to avoid coverage of the public gallery area and the City of Darwin will use its best endeavours to ensure images in this area are not webcast. However the City of Darwin expressly provides no assurances to this effect and in the event your image is webcast, you will by remaining in the public gallery area be taken to have given the City of Darwin a non-exclusive licence to copy and broadcast your image worldwide for no reward.
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NINETY-FIRST ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 17 MAY 2016 PAGE ORD5/2
Ninety-First Meeting of the Twenty-First Council Tuesday, 17 May 2016 PAGE ORD5/2
Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.
* * * INDEX * * * PAGE
1. ACKNOWLEDGEMENT OF COUNTRY ......................................................8
2. THE LORD’S PRAYER ................................................................................8
3. MEETING DECLARED OPEN .....................................................................8
4. APOLOGIES AND LEAVE OF ABSENCE ..................................................8
5. ELECTRONIC MEETING ATTENDANCE ...................................................8
6. DECLARATION OF INTEREST OF MEMBERS AND STAFF ....................9
7. CONFIRMATION OF MINUTES OF PREVIOUS MEETING/S
7.1 Ordinary Council Meeting 26/04/16 ............................9
8. BUSINESS ARISING FROM THE MINUTES OF PREVIOUS MEETING/S
8.1 Business Arising ..........................................................................................9
9. MATTERS OF PUBLIC IMPORTANCE.......................................................9
10. DEPUTATIONS AND BRIEFINGS
10.1 AFL Northern Territory - Gardens Oval ......................................................910.2 RAAF Base Darwin - Rapid Creek ...............................................................9
11. CONFIDENTIAL ITEMS
11.1 Closure to the Public for Confidential Items ................................................10 11.2 Moving Open Items Into Confidential ..........................................................1011.3 Moving Confidential Items Into Open ..........................................................10
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NINETY-FIRST ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 17 MAY 2016 PAGE ORD5/3
Ninety-First Meeting of the Twenty-First Council Tuesday, 17 May 2016 PAGE ORD5/3
Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.
12. PETITIONS ...................................................................................................10
13. NOTICE(S) OF MOTION ..............................................................................10
14.1 OFFICERS REPORTS (ACTION REQUIRED)
14.1.1 Implementation of Coroner’s Recommendations – Inquest into Death of Mr William Brown ...........................................................................12
14.1.2 East Point Road Verge - Community Consultation Report ...........................17 14.1.3 The North West Mobile Force - Request to Exercise Freedom of
Entry and March Through the City of Darwin on 13 August 2016 .................22
14.2 OFFICERS REPORTS (RECEIVE & NOTE) ................................................27
15.1 TOWN PLANNING REPORT/LETTERS (ACTION REQUIRED)
15.1.1 Council Responses to Development Applications - May 2016 ......................29 15.1.2 Proposed Amendments to the Northern Territory Planning Act
to Assign the Functions of the Reporting Body to the Northern Territory Planning Commission .....................................................................64
15.1.3 Lot 5260 (1) McMinn Street, Darwin City - Change of Use to Museum - PA2016/0238 ...............................................................................77
15.1.4 Signage Application - Maurice Blackburn Lawyers, Lot 5521 (60) Smith Street, Darwin ............................................................................124
15.2 TOWN PLANNING REPORT/LETTERS (RECEIVE & NOTE) ...................132
16. INFORMATION ITEMS AND CORRESPONDENCE RECEIVED
16.1 Minister for Lands and Planning - Darwin City Centre Master Plan .............13316.2 Minister for Lands and Planning - Kulaluk Lease Area ................................135
17. REPORTS OF REPRESENTATIVES .........................................................139
18. QUESTIONS BY MEMBERS ......................................................................139
19. GENERAL BUSINESS ................................................................................139
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NINETY-FIRST ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 17 MAY 2016 PAGE ORD5/4
Ninety-First Meeting of the Twenty-First Council Tuesday, 17 May 2016 PAGE ORD5/4
Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.
20. DATE, TIME AND PLACE OF NEXT ORDINARY COUNCILMEETING .....................................................................................................139
21. CLOSURE OF MEETING TO THE PUBLIC ...............................................1.39
22. ADJOURNMENT OF MEETING AND MEDIA LIAISON .............................139
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NINETY-FIRST ORDINARY COUNCIL MEETING – OPEN SECTION PAGE ORD5/5 TUESDAY, 17 MAY 2016
Ninety-First Meeting of the Twenty-First Council Tuesday, 17 May 2016 PAGE ORD5/5
Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.
1. ACKNOWLEDGEMENT OF COUNTRY 2. THE LORD’S PRAYER 3. MEETING DECLARED OPEN 4. APOLOGIES AND LEAVE OF ABSENCE
Common No. 2695036 4.1 Apologies 4.2 Leave of Absence Granted A. THAT it be noted Member M Palmer is an apology due to a Leave of
Absence previously granted on 26 April 2016, for the period 15 to 31 May 2016.
B. THAT it be noted Member A R Mitchell is an apology due to a Leave of
Absence previously granted on 12 April 2016, for the period 17 to 20 May 2016.
4.3 Leave of Absence Requested 5. ELECTRONIC MEETING ATTENDANCE
Common No. 2221528 5.1 Electronic Meeting Attendance Granted 5.2 Electronic Meeting Attendance Requested
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NINETY-FIRST ORDINARY COUNCIL MEETING – OPEN SECTION PAGE ORD5/6 TUESDAY, 17 MAY 2016
Ninety-First Meeting of the Twenty-First Council Tuesday, 17 May 2016 PAGE ORD5/6
Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.
6. DECLARATION OF INTEREST OF MEMBERS AND STAFF Common No. 2752228
6.1 Declaration of Interest by Members 6.2 Declaration of Interest by Staff 7. CONFIRMATION OF MINUTES OF PREVIOUS MEETING/S
Common No. 1955119 7.1 Confirmation of the Previous Ordinary Council Meeting THAT the tabled minutes of the previous Ordinary Council Meeting held on Tuesday, 26 April 2016, be received and confirmed as a true and correct record of the proceedings of that meeting. 8. BUSINESS ARISING FROM THE MINUTES OF PREVIOUS MEETING/S 8.1 Business Arising 9. MATTERS OF PUBLIC IMPORTANCE 10. DEPUTATIONS AND BRIEFINGS 10.1 AFL Northern Territory - Gardens Oval
Common No. 3246533 Mr Michael Solomon, Chief Executive Officer, and Mr Stephen Nugent, Chief Operating Officer, AFL Northern Territory will be in attendance from 5.15 pm to brief the Council on the Gardens Oval Lights. 10.2 RAAF Base Darwin - Rapid Creek
Common No. 3282689 Representatives from the RAAF Base Darwin will be in attendance from 5:45 pm to brief the Council on Rapid Creek.
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NINETY-FIRST ORDINARY COUNCIL MEETING – OPEN SECTION PAGE ORD5/7 TUESDAY, 17 MAY 2016
Ninety-First Meeting of the Twenty-First Council Tuesday, 17 May 2016 PAGE ORD5/7
Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.
11. CONFIDENTIAL ITEMS Common No. 1944604
11.1 Closure to the Public for Confidential Items THAT pursuant to Section 65 (2) of the Local Government Act and Regulation 8 of the Local Government (Administration) Regulations the meeting be closed to the public to consider the following Confidential Items:-
Item Regulation Reason
C24.1 8(c)(iv) information that would, if publicly disclosed, be likely to prejudice the interests of the council or some other person
C28.1.1 8(e) information provided to the council on
condition that it be kept confidential
C28.1.2 8(c)(iv) information that would, if publicly disclosed, be likely to prejudice the interests of the council or some other person
C28.1.3 8(c)(iv) information that would, if publicly disclosed,
be likely to prejudice the interests of the council or some other person
11.2 Moving Open Items Into Confidential 11.3 Moving Confidential Items Into Open 12. PETITIONS 13. NOTICE(S) OF MOTION
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NINETY-FIRST ORDINARY COUNCIL MEETING – OPEN SECTION PAGE ORD5/8 TUESDAY, 17 MAY 2016
Ninety-First Meeting of the Twenty-First Council Tuesday, 17 May 2016 PAGE ORD5/8
Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.
14.1 OFFICERS REPORTS (ACTION REQUIRED)
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ENCL: NO 1ST ORDINARY COUNCIL MEETING/OPEN AGENDA ITEM: 14.1.1
IMPLEMENTATION OF CORONER'S RECOMMENDATIONS – INQUEST INTO DEATH OF MR WILLIAM BROWN
REPORT No.: 16A0063 LC:je COMMON No.: 2809737 DATE: 17/05/2016
Presenter: Manager Business Services, Liam Carroll Approved: General Manager Corporate Services, Diana Leeder PURPOSE The purpose of this report is to provide further information on the Coroner’s recommendations following the inquest into the death of Mr William Brown on 12 June 2014. LINK TO STRATEGIC PLAN The issues addressed in this Report are in accordance with the following Goals/Strategies of the City of Darwin 2012 – 2016 as outlined in the ‘Evolving Darwin Towards 2020 Strategic Plan’:- Goal 5 Effective and Responsible Governance Outcome 5.5 Responsible financial and asset management Key Strategies 5.5.1 Manage Council’s business based on a sustainable financial and asset
management strategy KEY ISSUES Following a coronial Inquest in March 2016 the Coroner made recommendations
for compulsory tree inspections by qualified arborists of trees on leased and non leased properties.
The Coroner’s recommendations refer to all trees of all species and the feasibility of managing regular six monthly inspections of each of these across the municipality will require further consideration.
Legal and independent arborist’s advice is being sought on the systems and processes required to implement the intent of the coroner’s recommendations in regard to trees in non-leased spaces.
Work has commenced on the recommendations regarding leased properties. A tree risk maintenance reserve is to be created with an initial allocation of
$500,000 towards additional costs arising from implementation of the Coroner’s recommendations.
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PAGE: 2 REPORT NUMBER: 16A0063 LC:je SUBJECT: IMPLEMENTATION OF CORONER'S RECOMMENDATIONS - INQUEST
INTO DEATH OF MR WILLIAM BROWN RECOMMENDATIONS A. THAT Report Number 16A0063 LC:je entitled Implementation of Coroner’s
Recommendations – Inquest into Death of Mr William Brown be received and noted.
B. THAT Council immediately adopt the Coroner’s recommendations that:
i. That the City of Darwin conduct an audit of all current leases and
ensure inclusion within their terms for: the compulsory inspection of all trees on such property/ies at
least every six (6) months; such compulsory inspections to be conducted by a qualified
arborist; specific provision as to who bears responsibility for the costs of
such inspections and/or any works recommended to be carried out as a result of the same.
ii. That the City of Darwin ensure all future leases include within their terms:
the compulsory inspection of all trees on such property/ies at least every six (6) months;
such compulsory inspections to be conducted by a qualified arborist;
specific provision as to who bears responsibility for the costs of such inspections and/or any works recommended to be carried out as a result of the same.
C. THAT a further report be brought back to Council detailing the outcomes and
recommendations from a review of Council’s systems, policies and procedures in relation to the inspection of trees generally within Council owned and controlled land.
D. THAT Council create a new cash backed reserve to be named “Tree Risk
Management” for the purpose of undertaking tree inspections and follow up work relating to the 2016 Coroner’s recommendations.
E. THAT pursuant to Section 128 of the Local Government Act Council amend
the 2015/2016 budget by transferring $12,000 from the Disaster Contingency Reserve and $88,000 from the Sale of Land Reserve to the tree risk management reserve.
F. THAT the 2016/2017 draft budget contains an amount of $400,000 to be
allocated to the tree risk management reserve.
G. THAT Report Number 16A0063 LC:je entitled Implementation of Coroner’s Recommendations – Inquest into Death of Mr William Brown be moved into Open at the time of the release of the Draft 2016/2017 Municipal Plan.
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PAGE: 3 REPORT NUMBER: 16A0063 LC:je SUBJECT: IMPLEMENTATION OF CORONER'S RECOMMENDATIONS - INQUEST
INTO DEATH OF MR WILLIAM BROWN BACKGROUND On 21 April 2016 the Coroner handed down his findings from the inquest held from 9 to 11 March 2016 into the death of Mr William Brown. Council received the report from the Coroner at its second Ordinary Meeting on 26 April 2016 and resolved: DECISION NO.21\4366 (26/04/16) Coroner’s Findings - Mr William Brown
(21/04/16) Common No. 2809737 A. THAT the incoming coroner’s findings regarding the inquest into the
Gardens Park Golf Links matter and Mr William Brown dated 21 April 2016 be received and noted.
B. THAT a report be presented to Council by 30 June 2016 regarding the
outcomes of the coroner’s findings on the inquest into the Gardens Park Golf Links matter and Mr William Brown.
DISCUSSION Mr William Bernard Brown died on 12 June 2014 six days after being struck by a branch which fell from an African Mahogany tree at the Gardens Park Golf Links. Gardens Park Golf Links is leased by Council on a commercial basis to Perry Park Pty Ltd which commenced in July 2010 for ten years to 2020 with a further 15 year option to June 2035 subject to certain conditions being satisfied. The Coroner made the following recommendations: That there be compulsory inspection of all trees on property owned by City of
Darwin at least every six (6) months. That such compulsory inspection is conducted by qualified arborists. That the City of Darwin conduct an audit of all current leases and ensure
inclusion within their terms for: - the compulsory inspection of all trees on such property/ies at least every
six (6) months; - such compulsory inspections to be conducted by a qualified arborist; - specific provision as to who bears responsibility for the costs of such
inspections and/or any works recommended to be carried out as a result of the same.
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PAGE: 4 REPORT NUMBER: 16A0063 LC:je SUBJECT: IMPLEMENTATION OF CORONER'S RECOMMENDATIONS - INQUEST
INTO DEATH OF MR WILLIAM BROWN
That the City of Darwin ensure all future leases include within their terms: - the compulsory inspection of all trees on such property/ies at least every
six (6) months; - such compulsory inspections to be conducted by a qualified arborist; - specific provision as to who bears responsibility for the costs of such
inspections and/or any works recommended to be carried out as a result of the same.
Stage 1 Council has a number of commercial leases, not all of which relate to properties on which there are trees, however an audit of both leases and premises is being undertaken to determine what provisions may need amendment. Amendment of an existing lease will require negotiation between lessee and Council as to who will bear any additional costs. All new leases will contain the recommended provisions. Additionally Council has a considerable number of peppercorn leases for child care centres, community centres and other community facilities. A review of the existing inspection schedule to ascertain the frequency of inspections has commenced. Stage 2 Work has commenced on data collection relating to inspections, GPS location, size and species for all trees on Council owned or controlled land in the municipality. Council has an existing program to inspect high risk trees on a quarterly basis, which will continue. A future report will be provided to Council on the implications and management of the remainder of Council’s trees. CONSULTATION PROCESS In preparing this report, the following City of Darwin officers were consulted: General Manager Infrastructure Manager Finance Decisions to remove trees are likely to cause concern within the community and Council will require a clear communication strategy around how decisions arising from tree inspection recommendations are conveyed.
Advice will be sought from an independent arborist in developing Council’s future tree inspection and maintenance regime. POLICY IMPLICATIONS The recommendations of the Coroner have implications for Council’s policy and procedures which will be brought back to Council in a subsequent report.
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PAGE: 5 REPORT NUMBER: 16A0063 LC:je SUBJECT: IMPLEMENTATION OF CORONER'S RECOMMENDATIONS - INQUEST
INTO DEATH OF MR WILLIAM BROWN BUDGET AND RESOURCE IMPLICATIONS Establishing a register of all trees in the municipality and increasing the current inspection of high risk trees/properties will have budget and resource implications that have yet to be quantified. An allocation of $500,000 is proposed to be included in the draft 2016/2017 budget for implementation of the Coroner’s recommendations. RISK/LEGAL/LEGISLATIVE IMPLICATIONS Legal advice has been sought on Council’s ability to amend existing leases. Once an audit of all existing trees is completed a risk management plan will be developed to assist in how Council gives effect to the broader recommendations of the Coroner. ENVIRONMENTAL IMPLICATIONS There is general community opposition to the removal of trees within the municipality. COUNCIL OFFICER CONFLICT OF INTEREST DECLARATION We the Author and Approving Officers declare that we do not have a Conflict of Interest in relation to this matter. LIAM CARROLL DIANA LEEDERMANAGER BUSINESS SERVICES GENERAL MANAGER
CORPORATE SERVICES For enquiries, please contact Liam Carroll on 8930 0559 or email: [email protected].
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ENCL: YES 1ST ORDINARY COUNCIL MEETING/OPEN AGENDA ITEM: 14.1.2
EAST POINT ROAD VERGE - COMMUNITY CONSULTATION REPORT
REPORT No.: 16TC0031 MB:as COMMON No.: 1697323 DATE: 17/05/2016
Presenter: Executive Manager, Mark Blackburn Approved: Chief Executive Officer, Brendan Dowd PURPOSE The purpose of this report is to present the findings from the community consultation for the extensive area of road verge along East Point Road that is in excess of the Council’s standard verge requirements. LINK TO STRATEGIC PLAN The issues addressed in this Report are in accordance with the following Goals/Strategies of the City of Darwin 2012 – 2016 as outlined in the ‘Evolving Darwin Towards 2020 Strategic Plan’:- Goal 1. Collaborative, Inclusive and Connected Community Outcome 1.2 Desirable places and open spaces for people Key Strategies 1.2.1 Enhance places and open spaces KEY ISSUES Council has received requests from adjacent landowners along East Point Road
for either the use or purchase of excess verge land. The City of Darwin approved community consultation to determine the best option
for future use and ownership of the excess verge in East Point Road. The majority of homeowners preferred the land to be left as it is and would
definitely not like to purchase the additional verge. Several would prefer the land to be left as it is but would consider purchasing and
likely would purchase the area if all other landowners chose to purchase. Only one homeowner indicated full support for the purchase of the verge. Given the negative outcome from the consultation with the homeowners it was
determined not relevant to proceed with the broader community consultation on potential projects that could be funded through the lease or sale of the verge surplus.
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PAGE: 2 REPORT NUMBER: 16TC0031 MB:as SUBJECT: EAST POINT ROAD VERGE - COMMUNITY CONSULTATION REPORT RECOMMENDATIONS A. THAT Report Number 16TC0031 MB:as entitled East Point Road Verge -
Community Consultation Report, be received and noted. B. THAT excess verge land in East Point Road remains in the ownership of the
City of Darwin and Council will not issue permits to occupy this land. C. THAT on application, Council will consider allowing owners to landscape the
excess verge along East Point Road in accordance with relevant policies. D. THAT Council write to all respondents to the community consultation
regarding the East Point Road Verge to advise them how their concerns and aspirations directly influenced this Council decision.
BACKGROUND DECISION NO.21\3470 (30/06/15) East Point Road –Future Verge Use. Report No. 15TS0106ND:jw (30/06/15) Common No. 1697323 A. THAT Report Number 15TS0106ND:jw entitled East Point Road – Future Verge
Use, be received and noted. B. THAT Council undertake a level 3 community consultation to gauge community
opinion on the treatment of the wide verge adjacent to 94-110 East Point Road.
C. THAT a further report be presented to Council at the conclusion of the community consultation.
DISCUSSION Council officers consider 23m to 25m to be most appropriate road reserve width. There is excess verge along East Point Road. Over time the City of Darwin had been approached by a number of adjacent land owners for either use or purchase of the excess verge area along East Point Road. Elton Consulting was engaged and consulted individually with each of the eight properties with two noted deviations:
The site at 106 East Point Road is a multiple dwelling complex of four units. These owners met as a group.
The homeowners of another property were overseas for an extended period of time and consultation with them was undertaken by email.
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PAGE: 3 REPORT NUMBER: 16TC0031 MB:as SUBJECT: EAST POINT ROAD VERGE - COMMUNITY CONSULTATION REPORT Only one homeowner indicated full support for the purchase of the verge land. Three landowners prefer that the land be left as it is but would consider purchasing and likely would purchase the land if all other landowners chose to purchase. Four homeowners would like the land left as it is and would definitely not like to purchase the additional land. Given the overwhelming majority of homeowners would prefer the verge land to be left as is, in the ownership of the City of Darwin, the broader community was not consulted on what potential projects could be funded through any revenue generated from the excessive road verge. CONSULTATION PROCESS In preparing this report, the following City of Darwin officers were consulted: General Manger Infrastructure Manager Technical Services In preparing this report, the following External Parties were consulted: Elton Consulting The respondents to the community consultation will be informed of how the outcomes of the community consultation influenced the Council decision. POLICY IMPLICATIONS The community consultation was conducted in accordance with the City of Darwin Policy No. 025 - Community Consultation. BUDGET AND RESOURCE IMPLICATIONS A budget was allocated for this project within the Infrastructure 2015/16 Operating budget. RISK/LEGAL/LEGISLATIVE IMPLICATIONS Nil ENVIRONMENTAL IMPLICATIONS Nil if Council adopts the Officer’s recommendations to this report.
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PAGE: 4 REPORT NUMBER: 16TC0031 MB:as SUBJECT: EAST POINT ROAD VERGE - COMMUNITY CONSULTATION REPORT COUNCIL OFFICER CONFLICT OF INTEREST DECLARATION We the Author and Approving Officers declare that we do not have a Conflict of Interest in relation to this matter. MARK BLACKBURN BRENDAN DOWDEXECUTIVE MANAGER CHIEF EXECUTIVE OFFICER For enquiries, please contact Mark Blackburn on 8930 0685 or email: [email protected] Attachments: Attachment A: Executive Summary – East Point Road Verge Consultation
Summary.
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ENCL: YES 1ST ORDINARY COUNCIL MEETING/OPEN AGENDA ITEM: 14.1.3
THE NORTH WEST MOBILE FORCE - REQUEST TO EXERCISE FREEDOM OF ENTRY AND MARCH THROUGH THE CITY OF DARWIN ON 13 AUGUST 2016
REPORT No.: 16C0040 KS:kl COMMON No.: 3250686 DATE: 17/05/2016
Presenter: Community Events Coordinator, Kylie Salisbury Approved: General Manager Community & Cultural Services, Anna Malgorzewicz PURPOSE The purpose of this report is to present to Council a request from Lieutenant JG Papalitsas, Commanding Officer, The North West Mobile Force, to exercise its Freedom of Entry and march through the City of Darwin on the 13 August 2016. LINK TO STRATEGIC PLAN The issues addressed in this Report are in accordance with the following Goals/Strategies of the City of Darwin 2012 – 2016 as outlined in the ‘Evolving Darwin Towards 2020 Strategic Plan’:- Goal 4 Historic and Culturally Rich City Outcome 4.1 Recognised key activities and events Key Strategies 4.1.2 Promote Darwin’s war time, military and aviation history KEY ISSUES City of Darwin has received a request from The North West Mobile Force to
exercise its Freedom of Entry to the City of Darwin on the 13 August 2016. RECOMMENDATIONS A. THAT Report Number 16C0040 KS:kl entitled The North West Mobile Force
- Request to Exercise Freedom of Entry and March Through the City of Darwin on 13 August 2016, be received and noted.
B. THAT Freedom of Entry to the City of Darwin be granted to The North West
Mobile Force, and that the Exercising of Freedom of Entry to take place in the City of Darwin on Saturday the 13 August 2016.
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PAGE: 2 REPORT NUMBER: 16C0040 KS:kl SUBJECT: THE NORTH WEST MOBILE FORCE - REQUEST TO EXERCISE
FREEDOM OF ENTRY AND MARCH THROUGH THE CITY OF DARWIN ON 13 AUGUST 2016
BACKGROUND PREVIOUS DECISIONS DECISION NO.13\153 Freedom of the City – North West Mobile Force Report No. 81/A2957 (21/12/81) THAT approval be given for the granting of Freedom of the City to the North West Mobile Force during the Bougainvillea festivities in 1982. DISCUSSION Freedom of the City dates back to ancient Rome when the boundary of a city was considered sacred and the military and generals were forbidden from entering it. An exception was made for victory celebrations in which permission was granted for entry to the city for one day only. Today, Freedom of Entry is a ceremonial honour, usually bestowed upon a military unit with historic ties to the area, as a token of appreciation for their long and dedicated service. The exercising of the Freedom of Entry is celebrated through a parade march through the city. Below is a list of Freedom of Entry parades that have occurred in the City of Darwin. NAME DATE OF MARCH Royal Australian Air Force June 1966121 Light Anti-Aircraft Battery Royal Regiment of Australia Artillery
22 May 1967
Her Majesty’s Australia Ship Melville 26 September 1969Royal Australian Navy 30 April 19757th Independent Rifle Co. of the Royal Australian Infantry Corp
7 July 1979
The North West Mobile Force Darwin 3 July 1982HMAS Darwin 25 October 1985No 13 Squad Royal Australian Air Force 22 April 19942nd Cavalry Regiment Australia Regiment Army 6 May 1995Northern Command Australian Defence Force 17 July 19985th/7th Battalion Royal Australian Regiment 30 November 2001Australian Army Band 13September 2003HMAS Darwin 15 October 2005Royal Australian Navy 12 August 2006Australian Army Band Darwin 3 May 2008NORCOM 23 August 2008Royal Australian Navy 11 July 2009
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PAGE: 3 REPORT NUMBER: 16C0040 KS:kl SUBJECT: THE NORTH WEST MOBILE FORCE - REQUEST TO EXERCISE
FREEDOM OF ENTRY AND MARCH THROUGH THE CITY OF DARWIN ON 13 AUGUST 2016
2nd Cavalry Regiment 31 October 2009HMAS Coonawarra 22 October 20135th Battalion Royal Australian Regiment 5 November 2015 A Freedom of Entry ceremony is officiated by the Lord Mayor, and the invitation list generally includes State and Federal Members of Parliament, Aldermen, representatives of the Defence Forces and a cross-section of people from the community. The North West Mobile Force (NORFORCE) was granted the privilege of Freedom of Entry to the City of Darwin on 21 December 1981 and exercised the right on the 30 June 1982. NORFORCE will be celebrating its 35th anniversary in July 2016. In line with this significant event, City of Darwin has received a request from Lieutenant Colonel JG Papalitsas, Commanding Officer NORFORCE, to exercise its Freedom of Entry to the City of Darwin on 13 August 2016. CONSULTATION PROCESS In preparing this report, the following City of Darwin officers were consulted: Manager Recreation, Events and Customer Service Executive Assistant to Lord Mayor POLICY IMPLICATIONS The request is consistent with City of Darwin Policy No 030 Governance – General which provides a framework for such events and receptions. BUDGET AND RESOURCE IMPLICATIONS City of Darwin has an annual budget allocation for Freedom of Entry and Welcome Home events to cover traffic management and any other associated expenses. During 2016/2017 there are two proposed Freedom of Entry parades, The North West Mobile Force on 13 August 2016 and HMAS Darwin on 7 July 2016. RISK/LEGAL/LEGISLATIVE IMPLICATIONS Nil ENVIRONMENTAL IMPLICATIONS Nil
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PAGE: 4 REPORT NUMBER: 16C0040 KS:kl SUBJECT: THE NORTH WEST MOBILE FORCE - REQUEST TO EXERCISE
FREEDOM OF ENTRY AND MARCH THROUGH THE CITY OF DARWIN ON 13 AUGUST 2016
COUNCIL OFFICER CONFLICT OF INTEREST DECLARATION We the Author and Approving Officers declare that we do not have a Conflict of Interest in relation to this matter. KYLIE SALISBURY ANNA MALGORZEWICZCOMMUNITY EVENTS COORDINATOR
GENERAL MANAGER COMMUNITY & CULTURAL
SERVICES For enquiries, please contact Anna Malgorzewicz on 89300633 or email: [email protected]. Attachments: Attachment A: Request Letter from Lieutenant Colonel PG Papalitsas,
Commander Officer, The North West Mobile Force
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NINETY-FIRST ORDINARY COUNCIL MEETING – OPEN SECTION PAGE ORD5/9 TUESDAY, 17 MAY 2016
Ninety-First Meeting of the Twenty-First Council Tuesday, 17 May 2016 PAGE ORD5/9
Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.
14.2 OFFICERS REPORTS (RECEIVE & NOTE)
Nil
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NINETY-FIRST ORDINARY COUNCIL MEETING – OPEN SECTION PAGE ORD5/10 TUESDAY, 17 MAY 2016
Ninety-First Meeting of the Twenty-First Council Tuesday, 17 May 2016 PAGE ORD5/10
Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.
15.1 TOWN PLANNING REPORT/LETTERS (ACTION REQUIRED)
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ENCL: YES
1ST ORDINARY COUNCIL MEETING/OPEN AGENDA ITEM: 15.1.1
COUNCIL RESPONSES TO DEVELOPMENT APPLICATIONS - MAY 2016
REPORT No.: 16TS0078 BS:hd COMMON No.: 2547669 DATE: 17/05/2016
Presenter: Manager Design, Planning & Projects, Drosso Lelekis Approved: General Manager Infrastructure, Luccio Cercarelli PURPOSE The purpose of this report is to present to Council for consideration, responses to Development Applications for the period 16 April 2016 to 6 May 2016. LINK TO STRATEGIC PLAN The issues addressed in this Report are in accordance with the following Goals/Strategies of the City of Darwin 2012 – 2016 as outlined in the ‘Evolving Darwin Towards 2020 Strategic Plan’:- Goal 1. Collaborative, Inclusive and Connected Community Outcome 1.4 Improved relations with all levels of government and significant stakeholders Key Strategies 1.4.2 Play an active role in strategic and statutory planning processes KEY ISSUES A summary of City of Darwin officers’ responses to the Northern Territory
Government for Development applications exhibited between the time period of 16 April 2016 to 6 May 2016 is provided.
RECOMMENDATIONS A. THAT Report Number 16TS0078 BS:hd entitled Council Responses to
Development Applications - May 2016, be received and noted. B. THAT Council endorse the responses to the Development Consent Authority
within Attachments A, B, C and D to Report Number 16TS0078 BS:hd entitled Council Responses to Development Applications - May 2016.
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PAGE: 2 REPORT NUMBER: 16TS0078 BS:hd SUBJECT: COUNCIL RESPONSES TO DEVELOPMENT APPLICATIONS - MAY 2016 BACKGROUND The City of Darwin responded to 16 Development Applications for the period 16 April 2016 to 6 May 2016. DISCUSSION Of these 16 applications City of Darwin Officers recommend supporting 12 (either subject to normal or specific conditions), not supporting one until specific matters are adequately addressed and not supporting three applications. This represents rates of 81.25% of the applications being supported or not supported until further matters are addressed, and 18.75% of the applications not being supported. Development Applications supported, subject to normal Council conditions The table below describes the Development Applications that are supported by City of Darwin officers, subject to Council’s normal Development Permit conditions in regard to issues including, but not necessarily limited to, waste collection, access and stormwater drainage. Responses to these Development Applications are provided as Attachment A to this report.
Property Address Description of Development Proposal
Portion 2656 - Hundred of Bagot 30 Carnoustie Circuit, Marrara
Verandah addition to existing multiple dwellings (Unit 6) (Complies with Planning Scheme, all multiple dwelling development requires planning approval)
Lot 1771 - Town of Nightcliff 21 Robinson Road, Millner
Carport addition to an existing single dwelling with a reduced front setback (Require 4.5m, proposes 2.6m. Property is located on a corner, setback distance is at the apex of the corner)
Lot 10906 - Town of Nightcliff 43 Newmarch Street, Muirhead
Unit title schemes subdivision to create 2 units and common property (Muirhead duplex)
Lot 11512 - Town of Nightcliff 60 Asche Street, Muirhead
Unit title schemes subdivision to create 2 units and common property (Muirhead duplex)
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Property Address Description of Development Proposal
Lot 1560 – Town of Sanderson 38 Pelican Crescent, Wulagi
Carport addition to existing single dwelling with a reduced side setback (Requires 1.5m, proposes 1m – to the rear corner of the carport only)
Lot 835 – Town of Sanderson 31 Wandie Crescent, Anula
Carport addition to an existing single dwelling with a reduced front setback (Requires 1.5m, proposes 0.1m. There is an existing block wall on the boundary)
Lot 4470 - Town of Sanderson 18 Applegum Drive, Karama
Carport addition to an existing single dwelling with a reduced front setback Requires 1.5m, proposes 1m at the rear & 1.5m at the front)
Section 6809 – Hundred of Bagot Hidden Valley Road, Hidden Valley
Temporary stockpiling of fill (Crown Land, access from NTG roads, drainage to NTG stormwater)
Section 3465 – Hundred of Bagot 39 Amy Johnson Avenue, Winnellie
Direct sale application to the Crown Land Estate (Small parcel of land on the corner of the Stuart Highway & Amy Johnson Ave adjoining the old Toll site)
Sections 5393 & 5394 – Hundred of Bagot 80 & 82 Winnellie Road, Winnellie
Consolidation to create one lot (Corner of Bombing and Winnellie Roads, one lot is vacant to facilitate previous development approvals)
Lot 11709 – Town of Nightcliff 97 Asche Street, Muirhead
Unit title schemes subdivision to create two units and common property (Muirhead duplex)
Development Applications supported subject to specific matters being adequately resolved: The table below describes the Development Applications that are supported by City of Darwin officers subject to the following specific matters being adequately resolved. Responses to these Development Applications are provided as Attachment B to this report.
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Property Address Description of
Development Proposal Specific Matters
Lot 9435 – Town of Nightcliff 12 Orchard Road, Coconut Grove
Alterations and additions to existing medical consulting rooms (dentist) (Home based business)
A dust suppression treatment for the driveway should be implemented.
Development Applications not supported subject to specific matters being adequately resolved: The table below describes the Development Applications that are not supported by City of Darwin officers until the specific matters outlined are adequately resolved: Responses to these Development Applications are provided as Attachment C to this report.
Property Address Description of
Development Proposal Specific Matters
Lots 4989, 5717, 5718 & 6663 Dinah Beach Road
Direct Sale Application to The Crown Land Estate (Corner of Dinah Beach Road and Tiger Brennan Drive)
Darwin City Centre Master Plan The subject land is located within the Darwin City Centre Master Plan Area and is a key entry point into the City. The Master Plan nominates this land as high amenity open space at the entrance to a proposed Darwin Central Park (Master Plan project MP 005). The proposed sale of this land to a private developer may result in this and surrounding land not being developed in accordance with the intentions of the Master Plan. Barneson Street Extension and Boulevard Master Plan Project MP 014 – Barneson Boulevard is a proposed extension of Barneson Street through to the existing Tiger Brennan Drive. The land required to extend Barneson Street is in the direct vicinity of the proposed crown land for sale. The City of Darwin therefore requests that any
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Property Address Description of
Development Proposal Specific Matters
sale of the land does not hinder or comprise the ability to provide the best outcome for the proposed Barneson Boulevard.
Development Applications that have not been supported: The table below describes the Development Applications that have been not supported by City of Darwin officers, for the reasons outlined below. Responses to these Development Applications are provided as Attachment D to this report.
Property Address Description of
Development Proposal Objected / Not Supported
Lot 2366 - Town of Nightcliff 43 Britomart Gardens, Alawa
Independent unit addition to an existing single dwelling with reduced front and side setbacks
Not supported: Shortfall of two car parking bays The application removes an existing carport and proposes an entertainment area. City of Darwin will not support an application for a waiver to the front setback for any new carport.
Lot 4633 – Town of Darwin 16 Tudawali Street, Ludmilla
Carport addition to an existing single dwelling with a reduced front setback
Not supported: Application is for reduction to front set back, proposal also requires side set back reductions. It is expected that removal of landscaping and the reduction to the front set back will detract from the overall visual aesthetics of the streetscape and surrounding amenity
Section 4841 – Hundred of Bagot 21 Raphael Rod, Winnellie
Warehouse with ancillary showroom sales in a single storey building
Not supported: The applicant did not submit any justifications as to why a shortfall of two car parking bays should be approved.
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PAGE: 6 REPORT NUMBER: 16TS0078 BS:hd SUBJECT: COUNCIL RESPONSES TO DEVELOPMENT APPLICATIONS - MAY 2016 CONSULTATION PROCESS In preparing this report, the following City of Darwin officers were consulted:
Strategic Town Planner Planning Officer
POLICY IMPLICATIONS Relevant Council policies are noted in individual letter responses. BUDGET AND RESOURCE IMPLICATIONS Budget implications may arise from individual development applications, including payment in lieu of car parking, payment of various contribution plans, and long term upgrading of infrastructure and services as a result of accumulative development. RISK/LEGAL/LEGISLATIVE IMPLICATIONS Risks, legal and legislative implications, if applicable, are noted in individual letter responses. ENVIRONMENTAL IMPLICATIONS Environmental implications, if applicable, are noted in individual letter responses. COUNCIL OFFICER CONFLICT OF INTEREST DECLARATION We the Author and Approving Officers declare that we do not have a Conflict of Interest in relation to this matter. DROSSO LELEKIS LUCCIO CERCARELLIMANAGER DESIGN, PLANNING & PROJECTS
GENERAL MANAGER INFRASTRUCTURE
For enquiries, please contact Cindy Robson on 89300528 or email: [email protected].
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PAGE: 7 REPORT NUMBER: 16TS0078 BS:hd SUBJECT: COUNCIL RESPONSES TO DEVELOPMENT APPLICATIONS - MAY 2016 Attachments: Attachment A: Letters of support, subject to normal Council conditions, for
Development Applications not yet considered by the Development Consent Authority
Attachment B: Letters of conditional support to Development Applications not yet considered by the Development Consent Authority.
Attachment C: Letters not supporting Development Applications subject to specific matters being adequately resolved:
Attachment D: Letters of not supporting or objecting to Development Applications not yet considered by the Development Consent Authority.
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ENCL: YES
1ST ORDINARY COUNCIL MEETING/OPEN AGENDA ITEM: 15.1.2
PROPOSED AMENDMENTS TO THE NORTHERN TERRITORY PLANNING ACT TO ASSIGN THE FUNCTIONS OF THE REPORTING BODY TO THE NORTHERN
TERRITORY PLANNING COMMISSION.
REPORT No.: 16TS0096 CR:hd COMMON No.: 3275638 DATE: 17/05/2016
Presenter: Manager Design, Planning & Projects, Drosso Lelekis Approved: General Manager Infrastructure, Luccio Cercarelli PURPOSE The purpose of this report is to refer to Council for information, the following: Proposed Amendments to the Northern Territory Planning Act to Assign the Functions of the Reporting Body to the Northern Territory Planning Commission. LINK TO STRATEGIC PLAN The issues addressed in this Report are in accordance with the following Goals/Strategies of the City of Darwin 2012 – 2016 as outlined in the ‘Evolving Darwin Towards 2020 Strategic Plan’:- Goal 1. Collaborative, Inclusive and Connected Community Outcome 1.4 Improved relations with all levels of government and significant stakeholders Key Strategies 1.4.2 Play an active role in strategic and statutory planning processes KEY ISSUES The Department of Lands, Planning and the Environment has initiated an
amendment to the Northern Territory Planning Act and it is recommended that Council not support the proposal as presented.
The Amendment proposes to transfer the functions of the Reporting Body to the Northern Territory Planning Commission and has not been placed on public exhibition.
The Darwin Reporting Body consists of two local community representatives, a chairman and two other appointed representatives.
The Northern Territory Planning Commission consists of a Chairman, a local government representative, and five other appointed representatives.
The proposed amendment will result in local representation being diminished. The Northern Territory Planning Commission will undertake both the
preparation of the strategic guiding documents and the assessment of any application against these plans. This raises concerns regarding good governance practices.
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PAGE: 2 REPORT NUMBER: 16TS0096 CR:hd SUBJECT: PROPOSED AMENDMENTS TO THE NORTHERN TERRITORY
PLANNING ACT TO ASSIGN THE FUNCTIONS OF THE REPORTING BODY TO THE NORTHERN TERRITORY PLANNING COMMISSION
The proposed amendment could be perceived as reducing transparency.
RECOMMENDATIONS A. THAT Report Number 16TS0096 CR:hd entitled Proposed Amendments to
the Northern Territory Planning Act to Assign the Functions of the Reporting Body to the Northern Territory Planning Commission be received and noted.
B. THAT Council endorse the draft submission, dated 18 May 2016, not
supporting the proposed amendment as presented to the Department of Lands Planning and the Environment, within Attachment B to Report Number 16TS0096 CR:hd entitled Proposed Amendments to the Northern Territory Planning Act to Assign the Functions of the Reporting Body to the Northern Territory Planning Commission.
BACKGROUND Division 4 of the Northern Territory Planning Act (as at Attachment A), outlines the functions of the Reporting Body. DISCUSSION Current Proposal The Department of Lands Planning and the Environment is proposing an amendment to the Northern Territory Planning Act to transfer the functions of the Reporting Body to the Northern Territory Planning Commission. As per Attachment A, the Reporting Body receives submissions, holds hearings and reports the matters raised in the hearing to the Minister. The Reporting Body does not make recommendations to the Minister. The Darwin Reporting Body consists of two City of Darwin representatives, a Chairman and two other appointed representatives. Each Reporting Body is comprised of local representatives, with only the Chairman remaining the same on all of the regional Reporting Bodies. The Northern Territory Planning Commission is currently comprised of seven members, including: The Chairman; Chairpersons of the Development Consent Authority, Heritage Council and
Northern Territory Environment Protection Authority; a representative of the Local Government Association; and up to five additional members (currently two) with appropriate qualifications and
expertise appointed by the Minister, who hold office for up to two years.
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PAGE: 3 REPORT NUMBER: 16TS0096 CR:hd SUBJECT: PROPOSED AMENDMENTS TO THE NORTHERN TERRITORY
PLANNING ACT TO ASSIGN THE FUNCTIONS OF THE REPORTING BODY TO THE NORTHERN TERRITORY PLANNING COMMISSION
The Northern Territory Planning Commission membership includes the chairpersons of three bodies with statutory decision-making powers for development, including the Chairman of the Development Consent Authority (and also the Reporting Body). The Northern Territory Planning Commission prepares strategic guiding documents, including Regional Plans and Area Plans, which guide future land development. Key Council Issues The Development Consent Authority, who currently acts as the Reporting Body, has memberships consisting of local community representatives and consists of a number of divisional areas. The correspondence (as at Attachment A) identifies that; “the proposed amendments to the Act will assign the functions of the reporting body”, being Sections 22, 23 and 24. It is assumed that given that Section 21 is not referenced, the Reporting Body structure change will result in the Darwin community no longer being directly represented as currently required by Section 21. The proposal would result in local community representation being lost as will the influence and knowledge of the local area in the decision making processes. It is unclear as to whether meetings of the Reporting Body will still occur in the affected community and allow local representation at the hearings. The Northern Territory Planning Commission prepares the relevant strategic documents that guide future land uses, which includes the type of Planning Scheme Amendments and Exceptional Development Applications that are heard currently by the Reporting Body. By transferring the functions of the Reporting Body to the Northern Territory Planning Commission, both the preparation of the strategic guiding documents and the assessment of any application against these plans, will be undertaken by the same body. This could be perceived as streamlining practices, however as a consequence, reduces transparency. The Reporting Body process currently does not provide public agendas or minutes for meetings and this means that the public and other external bodies are not privy to the way in which information is collated for the Minister. Notwithstanding the lack of access to the agendas prepared for the Reporting Body, Members may be perceived as more visible to submitters as most members of the Reporting Body are present at the Hearings. It is assumed that the full seven members of the Northern Territory Planning Commission would not be present for all the meetings and this may further raise further questions in relation to transparency. Clarity and further detail is required to ensure good governance is applied and that any proposed amendments are transparent for the community.
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PAGE: 4 REPORT NUMBER: 16TS0096 CR:hd SUBJECT: PROPOSED AMENDMENTS TO THE NORTHERN TERRITORY
PLANNING ACT TO ASSIGN THE FUNCTIONS OF THE REPORTING BODY TO THE NORTHERN TERRITORY PLANNING COMMISSION
Summary Prior to any amendment being decided upon, it is considered that the abovementioned matters should be addressed at minimum in the interests of all stakeholders. It is therefore recommended that Council endorse the draft submission as at Attachment B. CONSULTATION PROCESS The City of Darwin received the letter included in Attachment A on 27 April 2016, with a request to respond by 29 April 2016. Whilst it is noted that the letter was sent the previous week, it is considered that a matter of this significance, should allow sufficient time to provide a considered response. Additional time to respond was requested to enable the matter to be reported to Council and for Council to endorse the draft response as at Attachment B. This expedited process raises concerns regarding the driver for change and authentic commitment. The level of consultation on such an important amendment should be increased to include a public exhibition period to ensure that the community is afforded the opportunity to provide adequate feedback. In preparing this report, the following City of Darwin officers were consulted: Strategic Town Planner Town Planner POLICY IMPLICATIONS If the Northern Territory Planning Act was to be amended, Council would no longer provide representatives for the Darwin Reporting Body. BUDGET AND RESOURCE IMPLICATIONS Not assessed. RISK/LEGAL/LEGISLATIVE IMPLICATIONS Local input to reports made to the Minister may be affected by this decision. ENVIRONMENTAL IMPLICATIONS Limited local input may carry greater risk for impact upon the environment.
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PAGE: 5 REPORT NUMBER: 16TS0096 CR:hd SUBJECT: PROPOSED AMENDMENTS TO THE NORTHERN TERRITORY
PLANNING ACT TO ASSIGN THE FUNCTIONS OF THE REPORTING BODY TO THE NORTHERN TERRITORY PLANNING COMMISSION
COUNCIL OFFICER CONFLICT OF INTEREST DECLARATION We the Author and Approving Officers declare that we do not have a Conflict of Interest in relation to this matter. DROSSO LELEKIS LUCCIO CERCARELLIMANAGER DESIGN, PLANNING & PROJECTS
GENERAL MANAGER INFRASTRUCTURE
For enquiries, please contact Cindy Robson on 8930 0528 or email: [email protected]. Attachments: Attachment A: Proposed Amendment to the Northern Territory Planning Act to
Assign the Functions of the Reporting Body to the Northern Territory Planning Commission.
Attachment B: City of Darwin, draft letter of response to the Department of Lands Planning and the Environment, dated 18 May 2016.
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Part 2 Planning schemes and proposals Division 4 Submissions, consultation, hearings and reports about proposals
Planning Act 16
(e) a brief summary of the nature of the proposal.
(2) If the proposal relates to establishing or changing a zone or to a grant or variation of an exceptional development permit, and the Minister considers it to be practicable, the brief summary must include the following information:
(a) the lot number, Section number or Portion number and, if applicable, the street address of the land;
(b) the current zone of the land.
(3) During the period of exhibition, the Minister must publish the notice under subsection (1) a second time.
18 Exhibition of details of proposal
(1) The Minister must place a notice of the details of the proposal during the entire period of exhibition in a prominent position at each place notified under section 17(1)(b).
(2) The notice must remain in place for the entire exhibition period.
19 Notice to local authority if proposal relates to land in council area
(1) If a proposal relates to land partly or entirely within a council area, the Minister must give the local authority for the council area written notice of the proposal.
(2) The notice must contain the information specified in the notice published under section 17 and an invitation to the local authority to make a submission about the proposal under section 22.
Division 4 Submissions, consultation, hearings and reports about proposals
20 Definitions
In this Division:
prescribed functions, in relation to a proposal, means the following functions:
(a) hearing any submissions made under section 22;
(b) carrying out any consultation as directed under section 23;
(c) providing a report under section 24.
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Part 2 Planning schemes and proposals Division 4 Submissions, consultation, hearings and reports about proposals
Planning Act 17
proposal means a proposal within the meaning of section 14 that has been placed on exhibition in compliance with Division 3.
reporting body has the meaning in section 21.
21 Reporting body
(1) The reporting body, in respect of a proposal, is the person or body who must perform the prescribed functions.
(2) If a proposal relates to land partly or entirely within one Division area, the Division for that area is the reporting body.
(3) If a proposal relates to land that is not within a Division area or is within more than one Division area, the Minister must appoint a person or body (which may be a Division of the Development Consent Authority) to be the reporting body.
22 Submissions and hearing
(1) A person may, within the period during which a proposal is on exhibition, make a written submission about the proposal to the reporting body.
(2) If the reporting body receives any submissions, it must conduct a hearing in respect of those submissions and invite all persons who have made submissions to appear at the hearing and be heard in relation to the proposal.
(3) The hearing must be conducted with the minimum of formality and in a manner that ensures procedural fairness.
23 Directions by Minister relating to consultation
(1) If the Minister requires a reporting body to carry out consultation in addition to the other processes required by this Division, the Minister must in writing direct the reporting body to do so.
(2) The direction may include requirements about the persons with whom, and the manner in which, the consultation is to be carried out.
24 Reports
(1) After the reporting body has conducted a hearing in respect of submissions about a proposal, and carried out any consultation as directed by the Minister, the reporting body must provide the Minister with the submissions and a written report about:
(a) issues raised in the submissions;
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Part 2 Planning schemes and proposals Division 5 Decisions about proposals
Planning Act 18
(b) issues raised at the hearing and during any consultation; and
(c) any other matters the reporting body considers the Minister should take into account when considering the proposal.
(2) If no submissions are received by the reporting body, it must provide the Minister with a written report about issues raised during any consultation and any other matters it considers the Minister should take into account when considering the proposal.
(3) The Minister may also request any other person or body to give the Minister a written report about matters relevant to the proposal or to anything referred to in the reporting body's report.
Division 5 Decisions about proposals
25 Proposal to amend planning scheme
(1) This section applies in relation to a proposal to amend a planning scheme in respect of which the Minister has received a report or reports under Division 4.
(2) After considering each report and, if applicable, any other matters the Minister is required by this Act to consider in relation to the proposal, the Minister must:
(a) amend the planning scheme in accordance with the proposal;
(b) alter the proposal and, if section 27(2) applies in relation to the altered proposal, place it on exhibition and take the subsequent actions required by virtue of section 27(3);
(c) alter the proposal and, if section 27(2) does not apply in relation to the altered proposal, amend the planning scheme in accordance with the altered proposal; or
(d) refuse to amend the planning scheme.
26 Proposal relating to exceptional development permit
(1) This section applies in relation to a proposal relating to a grant or variation of an exceptional development permit in respect of which the Minister has received a report or reports under Division 4.
(2) After considering each report and, if applicable, any other matters the Minister is required by this Act to consider in relation to the proposal, the Minister must take an action under section 40.
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18 May 2016 Please quote: 3275638 CR:hd
Dear Mr Michael
Proposed Amendments to the Northern Territory Planning Act to Assign the Functions of the Reporting Body to the Planning Commission
Thank you for your letter received on the 27 April 2016, concerning the above. Council does not support the proposed amendments to the Northern Territory Planning Act, for the reasons set out below. Section 22(3) of the Northern Territory Planning Act states that; “the hearing must be conducted with the minimum of formality and in a manner that ensures procedural fairness”. Under this proposal, the Northern Territory Planning Commission (NTPC) would be the body that directs, controls and prepares plans and other relevant documents, and it would also be the body that conducts the Report Body function, including reporting to the Minister. Under such an arrangement, questions, and at least perceptions of conflict of interest, a lack of transparency and a lack of independence may well arise. To ensure that the community have trust and confidence with the planning system, systems and processes which transparently demonstrate that high levels of governance are in place must be demonstrated. Good governance is underpinned by an appropriate awareness of role, separation of powers and appropriate controls, and Council seeks further details as to how these matters will be addressed. The Development Consent Authority, who currently acts as the Reporting Body, has membership that includes local community representatives. Your correspondence identifies that; “the proposed amendments to the Act will assign the functions of the reporting body”, being Sections 22, 23 and 24. It is assumed
Mr Bruce Michael Executive Director, Planning and Development Department of Lands Planning and the Environment GPO Box 1680 DARWIN NT 0801
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that given that Section 21 is not referenced, the Reporting Body structure change will result in the Darwin community no longer being directly represented as currently required by Section 21. The proposal would result in local community representation being lost as will the influence and knowledge of the local area in the decision making processes. It is unclear as to whether meetings of the Reporting Body will still occur in the effected community and allow local representation at the hearings. The amendment should require that: (i) Planning Commission meetings, as the Reporting Body, be held in the local
community area that is directly affected by any proposal under consideration; and
(ii) The Planning Commission, as the Reporting Body, have direct representation from the affected local government in the same ratio as the Development Consent Authority, in addition to the Local Government Association of the Northern Territory representative.
Amendments should acknowledge that local government is another sphere of government, and as is referenced in the Local Government Act, not purely a “service authority”. A service authority’s role and purpose is significantly different. Council is very concerned regarding the short timeframe and limited consultation on this proposal and the resulting affect. Council received the proposal on the 27 April 2016 and was originally requested to comment by the 29 April 2016. It is acknowledged that following a request from Council that the time was extended. That said, the unreasonably short response period and the limited consultation being undertaken raises serious governance concerns. The level of consultation on such an important amendment should be increased to include a public exhibition period to ensure that the community is afforded the opportunity to provide adequate feedback. Prior to any amendment being decided upon, the abovementioned matters should be addressed. Council would be pleased to further engage with the Department or the Minister to progress and address the issues.
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Should you have any further queries please contact myself on 8930 0581 or [email protected].
Yours sincerely
LUCCIO CERCARELLI GENERAL MANAGER INFRASTRUCTURE
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ENCL: YES
1ST ORDINARY COUNCIL MEETING/OPEN AGENDA ITEM: 15.1.3
LOT 5260 (1) MCMINN STREET, DARWIN CITY - CHANGE OF USE TO MUSEUM - PA2016/0238
REPORT No.: 16TS0084 CT:hd COMMON No.: 3267055 DATE: 17/05/2016
Presenter: Manager Design, Planning & Projects, Drosso Lelekis Approved: General Manager Infrastructure, Luccio Cercarelli PURPOSE The purpose of this report is to refer to Council for comment, Pursuant to Section 48 of the Planning Act, the following Development Application: Lot 5260 (1) McMinn Street, Darwin City - Change of Use to Museum - PA2016/0238. LINK TO STRATEGIC PLAN The issues addressed in this Report are in accordance with the following Goals/Strategies of the City of Darwin 2012 – 2016 as outlined in the ‘Evolving Darwin Towards 2020 Strategic Plan’:- Goal 1. Collaborative, Inclusive and Connected Community Outcome 1.4 Improved relations with all levels of government and significant stakeholders Key Strategies 1.4.2 Play an active role in strategic and statutory planning processes KEY ISSUES It is recommended that Council support the proposed Change of Use to
Museum. Council has previously advocated for the Stella Maris site to remain in public
ownership for community purposes. The proposed change of use will include minimal works, involving mainly minor
internal fitout. The proposed use of Museum (Community Centre) by the National Trust NT is
considered appropriate for the existing heritage building (Stella Maris Hostel, also known as Roadmaster’s House and the Railway Residence).
There will be no impact on Traveller’s Walk, owned by the City of Darwin. The proposal will not impact on the continuation of pedestrian movement between the City Centre and the Darwin Waterfront area.
Car parking spaces and internal driveways should be line-marked and sealed with an impervious material.
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PAGE: 2 REPORT NUMBER: 16TS0084 CT:hd SUBJECT: LOT 5260 (1) MCMINN STREET, DARWIN CITY – CHANGE OF USE TO
MUSEUM - PA2016/0238 RECOMMENDATIONS A. THAT Report Number 16TS0084 CT:hd entitled Lot 5260 (1) McMinn Street,
Darwin City - Change of Use to Museum - PA2016/0238 be received and noted.
B. THAT Council endorse the submission, 29 April 2016, to the Development
Assessment Services Supporting the Development Application, within Attachment B to Report Number 16TS0084 CT:hd entitled Lot 5260 (1) McMinn Street, Darwin City - Change of Use to Museum - PA2016/0238, supporting the application.
BACKGROUND Site and Surrounds
Image source: aerial image The subject site is located at Lot 5260 (1) McMinn Street, Darwin City, adjacent the McMinn Street/Frances Bay Drive roundabout and the unconstructed Esplanade road reserve. The site is 2,710m² in area and is zoned CB (Central Business). The Stella Maris site and the main heritage listed building (the Stella Maris Hostel) date back to circa 1910-1930, and has strong links to the North Australia Railway (NAR). The subject site is located on steep land and is accessed from a steeply inclined driveway from McMinn Street. The adjacent land, Lot 6597, is under the care and control of Council and includes a pedestrian access route known as ‘Travellers Walk’. The pedestrian access route is not heritage listed, as it bears no resemblance to the original pathway. However, it
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MUSEUM - PA2016/0238 serves as an important reminder of the original pedestrian link between the Port of Darwin and the Township. Site Development History The site contains a number of buildings as follows:
The Old Railway Residence (Stella Maris Hostel, heritage listed building) an elevated single storey building, also known as the Roadmaster’s House;
The Social Club, a two-storey building; and The Accommodation Block, a two storey building.
The heritage listed building is thought to have been built sometime between 1914 and 1934, although the heritage report dated 2009 compiled by the Department of Natural Resources, Environment, the Arts and Sport, was unable to determine the exact year of construction. The Stella Maris Hostel was originally constructed as a residence for railway personnel and was used for this purpose until the late 1970’s. It was then transferred by the Australian National Railways Commission to the Apostleship of the Sea and was used as a mission to seafarers. The newer additions of the Social Club and Accommodation buildings were constructed in 1991 and have no heritage value. These buildings, along with the original heritage building, were used as the Seafarer’s Centre until 2003. In 2007, the lease for the site was surrendered to the Northern Territory Government, who undertook major renovation work on the heritage listed building between 2008 and 2011. Renovation works included the removal of asbestos, the demolition of understorey screening and other additions, roof replacement and security screen installation. DISCUSSION Current Proposal The application proposes to use the existing Stella Maris Hostel building for the purpose of a museum run by the National Trust NT. It is proposed that the National Trust ‘Roadmaster’s House Museum’ will be housed entirely within the existing building, with display areas within the enclosed verandah and centre rooms, and the kitchen retained as a staff and storage area( refer Attachment A). The total museum display area will be approximately 100m² in area. Works to the building and the site in general will be minimal and limited to a temporary internal fitout. It is noted that the other buildings on-site are not subject to this proposal. The museum itself will be focussed on the history of the site and its links to the Frances Bay railway yard, the history of the NAR, and the surveying, mapping and construction of Darwin and the Northern Territory.
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PAGE: 4 REPORT NUMBER: 16TS0084 CT:hd SUBJECT: LOT 5260 (1) MCMINN STREET, DARWIN CITY – CHANGE OF USE TO
MUSEUM - PA2016/0238 Application Assessment Use and Zoning The proposal involves the use of the heritage building as a museum. As there is no ‘Museum’ land use within the NT Planning Scheme, it is considered that the most relevant land use is that of a ‘Community Centre’. The Community Centre land use is discretionary within the CB (Central Business) Zone. Alternatively, the use could be considered an ‘undefined’ use, which would also be discretionary under the Scheme. Car Parking Clause 6.5.1 requires Community Centres to provide two bays per 100m² of net floor area within the CB Zone in Darwin. The application proposes a net floor area of 100m² and 14 on-site car parking bays are provided. Clause 6.5.2 Reduction of Parking Requirements allows for the reduced provision of car parking where the Minister responsible for the Heritage Conservation Act supports a reduction. This clause has not been evoked in this instance but could be if the number of bays provided was challenged. The provision of 14 car parking spaces on site, including one disabled access bay, is considered to more than adequately meet the parking demands of the intended use. Notwithstanding the above, it is noted that the condition of the existing car parking area includes faded and indiscernible line markings. It is recommended that a condition be included requiring that this be rectified prior to occupation. Heritage The Stella Maris Hostel was declared a heritage building in accordance with the NT Heritage Conservation Act in December 2005. The proposed land use is not considered to impact upon the heritage values of the Stella Maris Hostel site, given that the proposal is limited to minor internal modifications only. Further to this, it is noted that Development Assessment Services will seek the views of the Minister responsible for Heritage prior to consideration of the application. It is noted that due to the heritage listing of the building and the nature of the land use, it is unrealistic to expect the proposal to meet all aspects of Clause 8.2 of the NT Planning Scheme (Commercial Development). In regard to assessment against the criteria within this clause, the retention of the heritage building’s cultural significance and appearance is paramount. Key Council Issues Travellers walk, Lot 6597 The City of Darwin is the owner of Travellers Walk (Lot 6597), connecting McMinn Street and the wharf area to the Esplanade road reserve/Harry Chan Avenue and the Civic Centre area. The proposed land use of Museum and associated internal works will not impact on the City of Darwin’s asset and will not impinge on the movement of pedestrians along Traveller’s walk.
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PAGE: 5 REPORT NUMBER: 16TS0084 CT:hd SUBJECT: LOT 5260 (1) MCMINN STREET, DARWIN CITY – CHANGE OF USE TO
MUSEUM - PA2016/0238 Previous Council Position Support of this application is in line with previous decisions of Council to support the retention of the site in public ownership and for community purposes. Summary It is considered that the proposed use of the site as a museum (Community Centre) operated by the National Trust NT is an appropriate use of the existing heritage building on the subject site. The proposed use is suitable in the CB (Central Business) Zone and will ensure that the building is retained in public ownership and be used for a community purpose. CONSULTATION PROCESS In preparing this report, the following City of Darwin officers were consulted: Strategic Town Planner Town Planner Team Leader Development In preparing this report, the following External Parties were consulted: Planit Consulting POLICY IMPLICATIONS There are no policy implications for Council for this application. BUDGET AND RESOURCE IMPLICATIONS There are no budget and resource implications for Council for this application. RISK/LEGAL/LEGISLATIVE IMPLICATIONS There are no identified risks to Council in relation to this application. ENVIRONMENTAL IMPLICATIONS There are no anticipated environmental implications for this application.
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PAGE: 6 REPORT NUMBER: 16TS0084 CT:hd SUBJECT: LOT 5260 (1) MCMINN STREET, DARWIN CITY – CHANGE OF USE TO
MUSEUM - PA2016/0238 COUNCIL OFFICER CONFLICT OF INTEREST DECLARATION We the Author and Approving Officers declare that we do not have a Conflict of Interest in relation to this matter. DROSSO LELEKIS LUCCIO CERCARELLIMANAGER DESIGN, PLANNING & PROJECTS
GENERAL MANAGER INFRASTRUCTURE
For enquiries, please contact Cindy Robson on 8930 0528 or email: [email protected]. Attachments: Attachment A: Development Application, Lot 5260 (1) McMinn Street, Darwin City
- Change of Use to Museum - PA2016/0238 Attachment B: City of Darwin, Letter of Response to Development Assessment
Services, 29 April 2016
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DISPLAYAREA
KITCHEN
STORE
W/C
DISPLAYAREA
N NOT TO SCALE
Floor PlanROADMASTER’S HOUSE MUSEUM
for NATIONAL TRUST NORTHERN TERRITORY
NORTHERN PLANNINGCONSULTANTS
Mobile: 0427 796 140
Email: [email protected]
www.facebook.com/northernplanning
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STATEMENT OF EFFECT – 1 MCMINN STREET, DARWIN CITY
1. Introduction
This report accompanies a development application to facilitate the use of the existing Roadmaster’s House, also
known as North Australia Railway Employee House, within the Stella Maris Hostel site at lot 5260 Town of Darwin (1
McMinn Street, Darwin City) for the purpose of a museum, comprising the National Trust Roadmaster’s Museum.
The subject land is located at Lot 5260 Town of Darwin (1 McMinn Street, Darwin City), and is situated within the CB
(Central Business) Zone Darwin. The development of a museum is considered to be that of an undefined use (as a
museum is not readily defined within Clause 3.0 of the Scheme). Pursuant to Clause 2.2, an undefined use in Zone
CB is discretionary, thus an application for development permit to the Darwin Division of the Development Consent
Authority is required pursuant to Section 44 of the Northern Territory Planning Act.
This report (and application) is to be read in conjunction with the following attachments:
Attachment A: Floor Plan
Attachment B: Title Documents and Lease Details
Attachment C: Heritage Report, 2009
2. Subject Land
Figure 1: Lot 5260 Town of Darwin
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Address: Lot 5260 Town of Darwin (1 McMinn Street, Darwin City)
Title Reference and Land Tenure: CUFT 809 352 – Northern Territory of Australia (Crown lease term over
Roadmaster’s House)
Landowner: Northern Territory of Australia (co/- Department of Lands, Planning and the
Environment)
Land Area: 2,710 square metres
Easements: Electricity Supply easement to Power and Water Corporation
Zone: CB (Central Business)
The subject land is located on the western side of McMinn Street, adjacent the eastern side of the Esplanade Road
Reserve (although not a made road). The south-western boundary of the site is located adjacent the historic
Travellers Walk. The Stella Maris site consists of three buildings, with the museum proposed within the heritage
listed Roadmaster’s House adjacent the McMinn Street frontage. This building has also been known as North
Australia Railway Employee House, and Stella Maris Hostel is used to refer to the building itself. The remaining two
buildings, comprising a more recent accommodation building and a reception/kitchen/dining building are not
subject of this application. The site includes an access from McMinn Street (technically via the Esplanade road
reserve), with 14 car parking spaces provided across the site (including two within a secure car park and one disabled
space). The site also includes an open space area adjacent the McMinn Street / Stokes Hill Road frontage.
Roadmaster’s house has undergone major renovations since the heritage listing in 2005.
Image 1: Roadmaster’s House within lot 5260
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Image 2: Roadmaster’s House within lot 5260
Image 3: Traveller’s Walk access to the Esplanade, western corner of lot 5260
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Image 4: Open space in eastern portion of lot 5260, with Traveller’s Walk access to Stokes Hill Road at left of image
3. Locality
Figure 1 in section 2 of this report demonstrates the zoning layout in immediate proximity of the site. The site is
located at the eastern end of the Darwin CBD, adjacent the intersection of McMinn Street and Stokes Hill Road. The
site is elevated above the McMinn Street road level, with a driveway leading up from the Esplanade road reserve.
The surrounding locality comprises a range of residential (high density), commercial, administrative and recreational
uses. The site is located nearby Stokes Hill Wharf and the Darwin Waterfront.
Proposed Development
The application proposes the use of the existing Roadmaster’s House for the purpose of a museum comprising the
National Trust Roadmaster’s House Museum. The museum will be located within the Roadmaster’s House, with
display areas within the enclosed verandah and centre rooms (refer the attached floor plan in Attachment A) and
the kitchen retained as a staff / display storage area. The use of what is an iconic and critical building in the context
of Darwin’s history as a museum, operated as part of the National Trust’s property portfolio, will ensure public access
to Roadmaster’s House and a benefit to the community through the use of a heritage listed property. Works to the
building and site in general will be minimal and be limited to the installation of temporary display cabinet internally.
The display will be focussed on the history of the house itself and its links to the Frances Bay railway yard, the history
of the North Australia Railway, and provide an insight into the surveying, mapping and construction of the Northern
Territory. The display will include stories about the Overland Telegraph Line, establishing a train track, surveying
towns and stations and the hardships borne by the surveyors who did the work. The main exhibition will focus on
the work of Goyder and those who followed, tracing the story of the Northern Territory through maps. Total internal
internal display area is equivalent to approximately 100.12m2.
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4. Section 46(3)(a) - NT Planning Scheme
The relevant provisions within the Northern Territory Planning Scheme (the Scheme) are referred to below.
Nature of Development
Clause 3.0 of the Northern Territory Planning Scheme defines a range of land uses and forms of development.
Museum does not directly fit into an existing definition (although contains elements of some, for example community
centre and sport and recreation), and thus is identified as an undefined use. An undefined use in Zone CB is identified
as Discretionary (Clause 2.2) thus a development permit from the Development Consent Authority is required
Zone CB
Clause 5.7 identifies two objectives for development in Zone CB:
1. The primary purpose of Zone CB is to provide for a diversity of activities including administrative,
judicial, professional, office, entertainment, cultural, residential and retail and other business
activities with a commitment to the separation of incompatible activities.
2. Building form and design is expected to be sensitive to the needs of pedestrian movement and
facilitate the creation of safe and active street frontages and public places and a vibrant
commercial precinct.”
The proposed development includes a land use (cultural) anticipated within the Darwin CBD, and will continue the
diversity of activities. The proposal provides a positive reuse of an existing heritage building that aligns with a form
of development suitable within the Darwin CBD, and appropriate given the specific nature of development and land
use within the immediate locality and the history of the site.
Built form changes will be limited to minor works required to accommodate the museum, and will be subject to
separate approval from the Heritage Council. The proposed development therefore does not compromise the
achievement of the objectives for development within Zone CB.
General Provisions
Clause 6.3.1 – Building Heights in Central Darwin
1. The purpose of this clause is to limit the height of buildings within Central Darwin to achieve a city form with
the highest buildings and structures at the centre of the peninsula, stepping down towards the perimeter
optimising opportunities for harbour views.
2. All buildings within Central Darwin Perimeter Area and the Central Darwin Core Area are to be in accordance
with the diagram to this clause.
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The diagram to Clause 6.3.1 sets building heights in Central Darwin Core Area to a maximum of 90 metres and in the
Central Darwin Perimeter Area to a maximum of 36 metres (or 55 metres subject to specific provisions). The subject
land is not affected by either the core or perimeter area, thus height limits under the Planning Scheme do not apply.
The application comprises a change of land use within an existing building, and does not alter the height or
appearance of the building, which is currently well below any height limits for the subject land. All existing structures
are limited to a maximum of 2 storeys.
Clause 6.3.2 – Volumetric Control in Central Darwin
1. The purpose of this clause is to ensure the siting and mass of buildings within Central Darwin promotes
a) a built form that maximises the potential for view corridors to Darwin harbour;
b) the penetration of daylight and breeze circulation between buildings
c) promotes privacy for residents of adjoining properties; and
d) a built form that reasonably anticipates the future development of adjoining sites.
The Table to Clause 6.3.2 requires the following:
Tier 1, or podium level, to a maximum of 25 metres above ground level, with setback requirements from
adjoining site boundaries (ie excluding road or public open space) to habitable room windows, balconies
and verandahs;
Tier 2, or tower level, with a maximum floor area of 1,200m2 per tower, up to 56% of the site area. Setback
requirements comprise a minimum 6 metres from all boundaries and 12 metres between towers on the
same site. Each building length is to be no more than 75% of the total length of the adjacent boundary.
The proposed museum is located within an existing building at Tier 1 level only, thus the requirements for Tier 2 are
not applicable. The proposal does not alter the existing setbacks or the nature of internal space (ie habitable or
inhabitable) within the existing building, thus does not compromise the provisions of Clause 6.3.2.
Clause 6.3.3 – Urban Design Requirements in Central Darwin
1. The purpose of this clause is to promote exemplary urban design in Central Darwin.
3. The design of buildings in Central Darwin is to provide 75% of the length of the site boundary at ground level
as active street frontage through such treatments as:
a) frequent, operational and legible entrances; that are directly accessible from the public footpath;
b) clear glass windows with views to and from the street;
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c) open space incorporating active street frontages, landscaping and retention of significant existing
landscaping;
d) areas that are attractive, safe and functional for pedestrians within the development site;
e) areas that allow for alfresco dining;
f) limiting services at street level on building frontages to the following:
i. fire egress;
ii. single vehicle entry and exit point to and from the building except on larger sites where
additional access points are supported by a Traffic Study for the site;
iii. direct single point access to service equipment by all service authorities; and
iv. fire booster connection points.
The extent of active frontage is dependent on the layout and design of the existing buildings. The current extent of
activation is limited due to the level changes between McMinn Street and the site.
4. Buildings in Central Darwin are to:
g) provide awnings to streets for the full extent of the site frontage that allow for the planting and
growth of mature trees within the road reserve;
No alterations to the existing buildings are proposed, and a footpath awning is not included. The provision of a
footpath awning along McMinn Street and Stokes Hill Road is considered inappropriate for the proposed use.
h) provide mid-block pedestrian linkages (arcades) at ground level from one street to the other in
buildings that have dual frontages;
Pedestrian linkages and connections are provided via the McMinn Street and Stokes Hill Road pedestrian footpaths,
and by the Travellers Walk.
i) have facades that have a clearly articulated base, middle and top; and
No alteration to existing facades is proposed.
j) integrate plant rooms and service equipment on roof tops.
No alteration to existing plant equipment is proposed.
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5. Ground level car parking areas in buildings are limited only to the number of car parking spaces required
for ground level retail tenancy customers.
All car parking provided on site is located at ground level, however the proposed reuse of the existing building
dictates that basement or above ground parking is not possible.
6. All car parking areas are to be screened so that they are not visible from the street or public spaces.
Parking spaces are not readily visible to the street and public spaces given the level changes between the site and
street.
7. The consent authority may consent to an application that is not in accordance with sub-clause 3 only if it is
satisfied that compliance would be impractical.
Given the proposed reuse of the existing building and the nature of the site, full compliance with subclause 3 is
clearly impractical.
8. An application for a development in Central Darwin should prior to consideration by the consent authority
include an acknowledgement in writing, from the agency responsible for power and water; the agency
responsible for fire rescue services and Darwin City Council that the requirement for service provisions has
been discussed with a view to minimise their impact on active street frontages.
The proposal does not increase the extent of services along the street frontage. It is expected that the relevant
service agencies will provide comment on the extent of services in response to public exhibition.
Clause 6.5 – Vehicle Parking
Clause 6.5.1 requires the provision of car parking for specific development, however does not nominate a specific
car parking requirement for a museum. Further, car parking generation rates for other uses and development within
Clause 6.5.1 are considered to have limited applicability to the proposed museum. A search of the NSW RTA’s Guide
to Traffic Generating Developments (2002) provided no further insight into car parking generation for museums. The
provision of 14 car parking spaces on site is considered to provide sufficient car parking for the intended use, given
the limited floor space proposed for display, limited staffing requirements, anticipated low generation rates and
walkability to the site.
14 sealed and drained car parking spaces are provided on site. Existing line-marking delineates car parking spaces,
however line-marking has faded and could be rectified by the landowner. The car parking layout is unlikely to fully
comply with the layout provisions of Clause 6.5.3, however given the limited extent of the proposed use and likely
low traffic generation, the existing car parking area is likely to provide appropriate parking facilities for 14 vehicles
without compromising functionality, efficiency and safety. Given the nature of the proposed development, and the
constraints imposed by the existing site layout, the existing car parking area is considered appropriate.
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Clause 6.6 – Loading Bays
Clause 6.6 requires the provision of space for the loading and unloading of vehicles associated with the use of land,
however doesn’t nominate a requirement for museum. The extent of loading / unloading will be limited to initial
placement of display items (prior to the museum opening) and intermittent display deliveries / changeover.
Accordingly, regular loading / unloading is unlikely to occur, and the provision of a dedicated loading / unloading
facility is considered unnecessary.
Clause 6.10 – Heritage Places and Development
1. The purpose of this clause is to ensure that a use or development is not adverse to the significance of a
heritage place or heritage object in Zone HT.
2. Despite anything to the contrary in this Planning Scheme, where land is Zoned HT, consent is required for:
a) the demolition, removal or modification of a building;
b) the construction of a building;
c) the external alteration of a building by structural work, rendering, sandblasting or in any other way;
d) the construction or display of a sign; or
e) any other construction works on the site.
3. In determining an application for use or development the consent authority must have regard to the views
of the Minister responsible for the administration of the Heritage Conservation Act with particular reference
to:
a) any applicable heritage study and any applicable heritage policy;
b) whether the location, bulk, form or appearance of any proposed building may have an adverse
impact on the character and appearance of adjacent heritage places or heritage objects;
c) whether demolition, removal, external alteration or any other works will adversely impact on the
significance of the heritage place or heritage object; and
d) if the development is for subdivision whether the subdivision design adversely impacts on a
heritage place or heritage object.
Roadmaster’s House was declared a heritage place per the NT Heritage Conservation Act in December 2005. The
proposal is limited to the internal use of Roadmaster’s House for the purpose of museum display, and as such does
not include any new buildings, the demolition of existing buildings, objects or alteration to existing built form, or
subdivision. The report prepared by the Department of Natural Resources, Environment, the Arts and Sport in 2009,
Stella Maris Hostel, Darwin – Background Historical Information (Attachment C), provides background historical
information as part of a heritage assessment report prepared on the Stella Maris Hostel for the Heritage Advisory
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Council, as per the requirements under the Heritage Conservation Act. It is expected that the consent authority will
seek the views of the Minister responsible prior to consideration of the application in accordance with subclause 3.
Commercial Development
Clause 8.2 – Commercial and other Development in Zones HR, CV, CB, C, SC, TC, OR, CP, FD and T
Clause 8.2 relates to commercial and other development in Zone CB (among others), and provides a number of
qualitative provisions relating to built form design, energy efficiency, plant equipment, landscaping, pedestrians,
internal services and facilities and community safety. The retention and maintenance of the existing building in its
current form is unlikely to compromise the provisions of Clause 8.2, and any alteration to the site to improve
compliance with the clause is inappropriate given the heritage listing of the site.
4.1 Darwin City Master Plan
The Darwin City Master Plan provides a roadmap for the development of the Darwin City Centre for the next 20 to
30 years. The proposal is generally consistent with the intent of the Master Plan to the extent possible given the
layout and extent of existing built form, and aligns with the objectives of the plan with regard to the preservation of
heritage items. In considering the suitability of the proposal in the context of the master plan, it is necessary to
consider the reuse of existing, established and heritage-listed built form.
5. Section 46(3)(b) – Interim Development Control Order
There are no Interim Development Control Orders currently applicable to the subject land.
6. Section 46(3)(c) – Environmental Assessment Act
Formal consideration under the Northern Territory Environmental Assessment Act is not required.
7. Section 46(3)(d) – Merits of Proposed Development
The proposal allows the use of an existing heritage building in a manner that benefits and provides access for the
community.
8. Section 46(3)(e) – Subject Land, Suitability of Development and effect on other land
A description of the subject land and locality are contained within sections 2 and 3 of this report. The site is suitably
serviced with access suited to the intended purpose, with the proposed use located within the existing buildings.
The proposed use reflects the history of the building.
9. Section 46(3)(f) –Public Facilities and Open Space
The central Darwin area includes a range of public commercial, community and open space services and facilities,
many of which are in close proximity to the site. The Darwin waterfront and Stokes Hill Wharf is located a short
distance from the site, with public transport services in close proximity providing access to the Darwin suburbs,
Palmerston and the rural areas.
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10. Section 46(3)(g) – Public Utilities and Infrastructure
The site is currently serviced by mains power, water and sewer, and access provided through the surrounding road
network. Upgrades to service capacity in order to accommodate the proposed use are unlikely.
11. Section 46(3)(h) – Impact on Amenity
Given the proposed development utilises an existing building, is well within the built form parameters provided
within the Planning Scheme, and is a form of development anticipated within Zone CB, there is not likely to be any
adverse impact on amenity.
12. Section 46(3)(j) – Benefit/Detriment to Public Interest
The Stella Maris site and Roadmaster’s House specifically have a long history and is a vital piece of Darwin’s history.
Accordingly, an appropriate, community-focussed use by a community-based organisation such as the National Trust
is critical to maintaining the amenity of and respecting the historical importance of a site such as Stella Maris /
Roadmaster’s House.
13. Section 46(3)(k) – Compliance with the Building Act
The application does not comprise any form of subdivision. Accordingly, Section 46(3)(k) is not relevant.
14. Section 46(3)(l) – Development of Scheme Land
The application does not comprise the subdivision of land under a unit titles scheme. Accordingly Section 46(3)(l) is
not relevant.
15. Conclusion
The application proposes the use of the existing Stella Maris Hostel / Roadmaster’s House for the purpose of a
museum operated by the National Trust of the Northern Territory. The museum will provide displays and storeys
focussed on the history of the site and area, and will provide an appropriate community-based use of the land
respectful of the historical importance of the building and the land. The proposal is appropriate in the context of
Zone CB and the Planning Scheme in general.
Brad Cunnington
Principal, Northern Planning Consultants
7 April 2016
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Stella Maris Hostel, Darwin Background Historical Information
Prepared by the Heritage Branch, November 2009
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D E P A R T M E N T O F N A T U R A L R E S O U R C E S , E N V I R O N M E N T , T H E A R T S A N D S P O R T
If you require further information about this background historical information,
please contact:
Heritage Branch
Department of Natural Resources, Environment, the Arts and Sport
P.O. Box 496
Palmerston NT 0831
Phone: 08 8999 8981
Please cite this report as:
NRETAS (2009). Stella Maris Hostel, Darwin: Background Historical
Information. Prepared by the Heritage Branch, NT Department of Natural
Resources, Environment, the Arts and Sport, Darwin.
Disclaimer:
The material presented in this report is believed to be correct at the time of
writing and is provided for information purposes only.
Cover Photo: Stella Maris Hostel, 2004
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Table of Contents
1. INTRODUCTION .........................................................................................1
2. LOCATION...................................................................................................1
3. HISTORICAL OVERVIEW ...........................................................................2
4. SITE DESCRIPTION ...................................................................................9
5. REFERENCES ..........................................................................................13
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1. Introduction This background historical information was compiled in May 2004 as part of a heritage assessment report prepared on the Stella Maris Hostel for the Heritage Advisory Council, as per the requirements under the Heritage Conservation Act.
2. Location The Stella Maris Hostel is located on Lot 5260 Town of Darwin or 1 McMinn Street, Darwin. It is technically on the corner of the Esplanade, but in fact the Esplanade as a street does not extend down to McMinn Street (See location map below).
Location Map
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3. Historical Overview 3.1 General The Stella Maris Hostel today consists of an older elevated building built in the 1930s, and a more modern building on the same allotment built c. 1990. The modern building is not considered significant and accordingly when reference is made to the existing building it is intended to mean the older elevated structure, not the Stella Maris Hostel as a whole. The construction date for the older elevated building on the site is uncertain, although it is clear that it was built prior to World War Two, almost certainly by the Commonwealth Railways.1 It therefore has strong associations with the now defunct North Australia Railway. The North Australia Railway (NAR) was constructed in the 1880s to serve the hinterland south of Darwin, although there had always been a vision that it would extend all the way to Adelaide. The line reached Pine Creek in 1889. It was extended to a point just north of Katherine in 1917, and then to Birdum in 1929. The NAR played an important role during World War Two when the line was busy with as many as seven trains a day, transporting military personnel and supplies to and from Darwin. Pearce (1983) puts the construction date of the house at 1937, although later research by the National Trust points out that a 1936 map of the Darwin central area (based on aerial photographs) shows two similar sized buildings sitting side by side parallel to the Esplanade, close to where the existing building now stands. These two buildings were part of a larger group of buildings marked on the map as ‘Commonwealth Railways’. The National Trust has surmised that the existing building on site today is one of these two buildings, with the other having been removed in the early 1940s. This would put the date of construction at 1936 or earlier. This is far from certain, but there is some intriguing evidence that suggests that not only was the house built prior to 1936, but a good many years earlier. A photograph dated 1936 entitled “an old railway house on the way to the wharf” shows the elevation of a house which bears a remarkable resemblance to the existing house as it appears in photographs taken in 1939 and later. If this is the same house, it would appear that it originally featured shutters and timber slats on the verandah, which were later replaced by louvres. In 1936, the existing building on the site would indeed have been “on the way to the wharf” via ‘traveller’s walk’, which was a popular walking route from the end of Cavenagh Street down to the wharf. The fact that it was referred to as ‘old’ in 1936 suggests the possibility that it might have been built in the 1920s or even the 1910s. Aerial photos of the area in question from the 1930s are ambiguous and to do not help to establish a date of construction. A 1943 aerial photograph is the first to clearly show the existing building.
1 Welke A and Wilson H, Darwin Central Area Heritage Study, Darwin, 1993, p 278.
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The earliest known photo of the building was taken in 1939. The photo was taken from Traveller’s walk and shows the oil tanks on Stokes Hill in the background. This photo provides some support for the argument that it is the same building shown in the photo dated 1936. The shutters are clearly visible and one can see that the configuration of the stairs is the same (that is, they runs straight down in front of the building, not at right angles to this as they do now)
‘An old railway house on the way to the wharf’ (1936) (Territory Images PH0326/0033)
Photo taken mid 1939 showing oil tanks at Stokes Hill with the building now known as the Stella Maris Hostel in the foreground
(from Rayner R, The Army and the Defence of the Darwin Fortress, 1995)
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The building was used by the railways until the 1970s. Kevin Markham (now of Port Augusta) lived in the house from 1960 to 1962 and gives the names of the post-war occupants as follows: ? – July 1948: Bill Stephens July 1948 – Feb 1950: W V (Bill) Virgo Easter 1950 – 1956: N W (Noel) Robuckle (?) 1956 – 1959: M E (Maurice) Signey 1960 – 1962: K P (Kevin) Markham 1963: G V (Graham) Willis Xmas 1963 – 1974: R J (Bob) Robinson
Two of the Markham children on the back stairs of the building now known as the Stella Maris Hostel. This photo was taken in the period 1960-1962.
(Photo courtesy Mr Kevin Markham)
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Former resident Ian Robinson says that his family lived there from early 1964 until 1974. They were in the house when cyclone Tracy struck. Ian Robinson’s father, Robert James (Bob) Robinson was Senior Clerk with the Commonwealth Railways. The house was damaged quite badly in Cyclone Tracy, and the family had to move to a house in Parap. Ian Robinson remembers that the louvres on the house were s-shaped fibre-cement louvres. His father replaced most of the shutters on the house with more louvres sometime between 1964 and 1971.
In 1976, the North Australia Railway was finally closed, and most buildings associated with it were sold and removed. Little evidence remains of the bustling rail yards which once occupied the flat land just below the Stella Maris Hostel, and only a few remnants of the line and its associated infrastructure still exist in the Darwin area.
During the late 1970s the Australian National Railways Commission handed the site over to the Darwin City Council to negotiate a lease for the Roman Catholic Stella Maris organisation. The building was leased to the Stella Maris organisation in 1979, for use as a licensed club.2 It would appear to be at this 2 Welke and Wilson, op cit
Sketch plan of building by Kevin Markham, showing the building as it was in the period 1960-62
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time that lot 1560, on which the building sits, was excised from the larger lot 4883.
One source indicates that for a time in the 1980s, after the East Arm Leprosarium closed, the building served as a hostel that was run by the nuns from the leprosarium.3 Information from the owners indicates that from 1980 the building was used as a Seafarers’ Centre. The building was used as the major facility up until 1991, when a new building was completed and the older building became an annexe. Originally the older building provided for office, bar, meals and recreation needs. From 1991 it provided an office, chapel, reading/writing room, TV room, and some accommodation.4 In 1995 Council recommended that the Stella Maris Hostel be registered as a heritage place. Then Minister Mike Reed refused the recommendation, saying that “the old railway house has been modified over the years for use as a hostel and social club. It is not in good condition and extensive maintenance work would be needed to retain the building. Above all, this site has been identified for some time for redevelopment and I cannot justify retention of existing building on this prime site.”5
3 ibid 4 Letter from Stella Maris Seafarers’ Centre to the Heritage Unit, 18 October 1994 5 Letter from Mike Reed as Minister for Lands Planning and Environment, to Chairman of the Heritage Advisory Council, Feb (?)1996
Photo taken in the period 1964-1974, from a similar angle to the contemporary photo on the front cover.
(Photo courtesy Ian Robinson)
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3.2 Architectural overview
We cannot be certain exactly what the existing building looked like when it was first constructed, although we have a good idea of the original plan form and of the general appearance of the building. The basic ‘schema’ is apparent, and that is an elevated house, with the upper floor plan featuring a central core with verandahs all around. This approach is typical of a regional architectural style which had evolved in Darwin and became widely adopted by the Commonwealth Government when it took over administration of the Territory from South Australia in 1911. Bridgman (2003) says of the Commonwealth takeover that “one of the immediate consequences…was to bring building in the Territory under the direction of Government architects at the Commonwealth Department of Works and Railways located in Melbourne. These architects would in time exercise considerable influence over the built environment of the Territory.”6 After 1911, the Commonwealth embarked on a program to provide housing to Commonwealth public servants in Darwin. This program included the construction of 14 houses at Myilly Point, built c. 1914. There was widespread use of split bamboo or timber lathes as a screening device around verandahs, and of top-hung shutters. Square or rectangular plan forms and simple hipped roofs were the rule. A distinctive feature of some houses of this era was a protruding corrugated iron stove recess.7 By the late 1930s the adjustable louvre was introduced, and plan forms and roof forms became more variable. Several new houses were built at Myilly Point just before the war, which were designed by Government Architect B C G Burnett. Four out of these five houses remain today. Along with Admiralty House on the Esplanade, and a number of other residences at the RAAF Base, Darwin (also attributed to Burnett), these buildings have been considered (until now) the oldest Government-designed residences in Darwin in reasonably intact form.8 The existing building at Stella Maris, in its original form, appears to have been very similar to the houses built by the Commonwealth in Darwin in the 1910s, such as the early Myilly Point houses which no longer exist – in terms of its floor plan, roof form, use of materials, and small details such as the roof ventilator and the ‘corrugated iron’ stove recess. Whatever the original date of construction, the building can be said to be significant in terms of the Darwin’s architectural history. It gains this status either as a building built in the 1930s, an immediate precursor to the extant 6 Bridgman, David, acclimatisation (architecture at the top end of Australia), 2003, p. 36 7 …although this feature also appeared on houses designed by the Commonwealth as late as the mid 1930s – e.g. Timber Creek Police Station. 8 The oldest residential building in the Darwin central area is probably a private residence at 106 The Esplanade, built c. 1924. After successive additions and renovations it is unknown how much of the original fabric of this building remains.
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buildings at Myilly Point and the RAAF Base - or possibly as an extremely rare if not unique example of a residence designed by the Commonwealth in the era prior to this, quite possibly as early as the 1910s.
Large elevated house at Myilly Point, 193?, one of several built c. 1914. Note simple hipped roof, shutters, and what appears to be slatted timber or bamboo walls
(Territory Images PH0110/0264)
Admiralty House, built in 1938 and the first of many houses in a similar style attributed to B C G Burnett. Note the more complex form, the introduction of gabled rooves, and the
widespread use of louvres in lieu of timber slats. (photo sourced from P & S Forrest 2004)
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4. Site Description The building is a timber-framed building clad mainly in fibre-cement sheeting. The building is elevated on circular concrete columns, and has a hipped roof of ‘corrugated iron’. In plan, the building is almost perfectly square. The upper floor consists of a central core raised slightly higher than the surrounding areas, with all flooring tongue-and-groove timber. The building has apparently undergone numerous alterations. One wall out of the four that define the central core has been removed, with a rudimentary steel truss supporting the span above. The external walls at the upper level generally have a fibre-cement lining, both inside and out, below sill level, with steel-framed louvres above sill level. In some places, there is full-height corrugated iron cladding, apparently original. The undercroft, once open, has been built in, using a variety of materials including some concrete block work. It is used for storage. The distinctive stove recess is still in place, although the flue is no longer there. A large pergola has been built to the rear. There is a concrete slab beyond the pergola which apparently belonged to the laundry/toilet facility once in this location. The remnants of the toilet can still be seen. On a site visit carried out on 1 April 2004, a portion of the internal fibre-cement cladding on the upper floor was removed below sill level, but it was not possible to find evidence of louvres or bamboo slats or the like which might have once been installed within the timber frame in this area. The condition of the house varies. The basic structure appears to be sound. The timber floor is suffering from some rot where the end-grain is exposed to the elements but otherwise appears sound. Some concrete columns appear to be in remarkably good condition, others have cracked badly. Some appear to have been replaced by steel columns. The roof is a little rusty, as is the corrugated iron wall cladding. Timber framing on the upper level which is exposed to the weather is suffering and requires maintenance. Roof framing appears sound.
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Front view of building, 2004.
View of southern side of building. Original ‘corrugated iron’ cladding can be seen on the right-hand side
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Interior view from near front entry. The steel truss in the upper part of the photo supports the roof where once a wall stood.
Interior view, looking towards front entry. The section of floor in the foreground is slightly higher than surrounding areas.
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The distinctive cantilevered ‘corrugated iron’ stove recess, an original feature of the building still in remarkably intact condition.
The undercroft
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6. References Bridgman, David, acclimatisation (architecture at the top end of Australia), 2003 Hardwick, Carol, Register of Significant European Cultural Sites in the Northern Territory, Report for the National Trust of Australia (NT), Darwin, 1984, vol. 1 NTRS 2/P2 – items 6 & 7 Platt Consultants, McDougall & Vines, Darwin Central Area Heritage Master Plan 1995 Powell, Alan, Far Country, Melbourne University Press, 1988 Welke A and Wilson H, Darwin Central Area Heritage Study, a report for the conservation commission of the NT, Darwin, 1993
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ENCL: YES
1ST ORDINARY COUNCIL MEETING/OPEN AGENDA ITEM: 15.1.4
SIGNAGE APPLICATION – MAURICE BLACKBURN LAWYERS, LOT 5521 (60) SMITH STREET, DARWIN
REPORT No.: 16TS0098 BS:hd COMMON No.: 3277602 DATE: 17/05/2016
Presenter: Manager Design, Planning & Projects, Drosso Lelekis Approved: General Manager Infrastructure, Luccio Cercarelli PURPOSE The purpose of this report is for Council to consider an application for three permanent advertising signs for Maurice Blackburn Lawyers at Lot 5521 (60) Smith Street, Darwin. LINK TO STRATEGIC PLAN The issues addressed in this Report are in accordance with the following Goals/Strategies of the City of Darwin 2012 – 2016 as outlined in the ‘Evolving Darwin Towards 2020 Strategic Plan’:- Goal 1. Collaborative, Inclusive and Connected Community Outcome 1.4 Improved relations with all levels of government and significant stakeholders Key Strategies 1.4.2 Play an active role in strategic and statutory planning processes KEY ISSUES Maurice Blackburn Lawyers has submitted an application for one illuminated
projecting and two non-illuminated wall advertising signs. It is recommended that Council approve this application and a sign permit be
issued, as the advertising signs are in proportion to the size and form of the building and are consistent with the character of signage in the city centre.
The projecting sign is located within the City of Darwin road reserve and two wall signs are being applied for, hence this application is considered discretionary under the City of Darwin Policy No 042 – Outdoor Advertising Signs Code (Signs Code) requiring Council approval.
At the time of writing this report City of Darwin officers noted that of the proposed three signs, the projecting sign has been installed.
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PAGE: 2 REPORT NUMBER: 16TS0098 BS:hd SUBJECT: SIGNAGE APPLICATION – MAURICE BLACKBURN LAWYERS LOT 5521 (60) SMITH STREET, DARWIN RECOMMENDATIONS A. THAT Report Number 16TS0098 BS:hd entitled Signage Application -
Maurice Blackburn Lawyers, Lot 5521 (60) Smith Street, Darwin be received and noted.
B. THAT Council approve the application from Maurice Blackburn Lawyers for
two non-illuminated wall and an illuminated projecting advertising sign, located within and adjacent to Lot 5521 (60) Smith Street, Darwin, and that a Sign Permit be issued in accordance with the requirements of the Outdoor Signs Code.
BACKGROUND At the time of writing this report, the projecting sign located within the City of Darwin road reserve has been installed. DISCUSSION
Applicant Aussie Signs
Type of Advertising (inc. temp/perm/illuminated)
Permanent
Type of Sign (Business/Election/Promotion etc.)
Business
Type of Structure (Free Standing/ Fascia/ Wall/ Projecting etc. )
1 x Projecting 2 x Wall
Business Sign Details Business advertising is permitted to one sign, and a total advertising area of 4m2, without the need to obtain a Council Sign Permit. This proposal is for three advertising signs with one sign located within the road reserve, in the CB Zone resulting in Council approval being required.
Sign Type Advertising Type
Width (m)
Height (m)
Area (m2)
Illuminated
Projecting Business 1.25 0.25 0.3 Yes
Wall Business 2.12 2.230 0.5 No
Wall Business 3.95 0.59 2.33 No
Location of Sign Both private and public land
Existing Signage N/A
Complies - Discretionary, requires Council Approval -
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PAGE: 3 REPORT NUMBER: 16TS0098 BS:hd SUBJECT: SIGNAGE APPLICATION – MAURICE BLACKBURN LAWYERS LOT 5521 (60) SMITH STREET, DARWIN
Image 1 - Location of building Maurice Blackburn Lawyers is seeking Council’s consent to install an illuminated projecting sign within the road reserve and two non-illuminated wall signs within Lot 5521 (60) Smith Street, Darwin. The proposed advertising signage concept is provided at Attachment A. This application is for two wall signs (combined total 2.83m2) and one projecting sign (totalling 0.3m2) The three advertising signs combined, comply with the size permitted within the Signs Code, which allows business advertising signs in Zone CB (Central Business) to a size of 4m2. However, the Signs Code defines all advertising signs to be placed on or over City of Darwin road reserve as being discretionary advertising signs, hence Council consent is required and a City of Darwin sign permit is to be issued. As the business premises are located within Zone CB (Central Business), the illumination of the projecting sign is common practise and is not expected to affect the amenity of the area. The applicant has verbally informed City of Darwin officers that the illumination will be turned off at 12am. Conclusion It is recommended that Council approve this sign application as the advertising signs comply with the Signs Code, the signs are in proportion to the size and form of the building and are consistent with the character of signage in the city centre.
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PAGE: 4 REPORT NUMBER: 16TS0098 BS:hd SUBJECT: SIGNAGE APPLICATION – MAURICE BLACKBURN LAWYERS LOT 5521 (60) SMITH STREET, DARWIN CONSULTATION PROCESS In preparing this report, the following City of Darwin parties were consulted:
Strategic Town Planner Planning Officer
In preparing this report, the following external parties were consulted:
Aussie Signs POLICY IMPLICATIONS Advertising signs located within the road reserve results in the application being discretionary under the City of Darwin Policy No.042 - Outdoor Advertising Signs Code and as such, this sign application requires Council consent. BUDGET AND RESOURCE IMPLICATIONS There are no budget and resource implications expected for the City of Darwin resulting from this application. RISK/LEGAL/LEGISLATIVE IMPLICATIONS The sign application was received by the City of Darwin on the 28 April 2016. A site visit on the 3 May 2016 revealed that the projecting sign had already been installed within the City of Darwin road reserve. At the time of writing this report, the two wall signs had not been installed. Sections 183 and 185 of the Local Government Act provide the City of Darwin with the power and control to manage reserves and roads within the Darwin Municipality and as such, Council as land owner has the right to approve or refuse any advertising sign proposed to be placed on or over the road reserve for any reason. ENVIRONMENTAL IMPLICATIONS There are no environmental implications expected for the City of Darwin resulting from this application.
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PAGE: 5 REPORT NUMBER: 16TS0098 BS:hd SUBJECT: SIGNAGE APPLICATION – MAURICE BLACKBURN LAWYERS LOT 5521 (60) SMITH STREET, DARWIN COUNCIL OFFICER CONFLICT OF INTEREST DECLARATION We the Author and Approving Officers declare that we do not have a Conflict of Interest in relation to this matter. DROSSO LELEKIS LUCCIO CERCARELLIMANAGER DESIGN, PLANNING & PROJECTS
GENERAL MANAGER INFRASTRUCTURE
For enquiries, please contact Cindy Robson on 8930 0528 or email: [email protected]. Attachments: Attachment A: Sign Application - Maurice Blackburn Lawyers, Lot 5521 (60) Smith
Street, Darwin
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This job will not proceed without signature of approval.
Signature: Date: Total Sign ServicePhone: (08) 8984 3772 facsimile: (08) 8984 4827
email: [email protected]
75 Benison Road Winnellie NT 0820APPROVED REVISE
Job No: 51081ITEM A - DOUBLE SIDED ILLUMINATED 4.5mm LIGHTBOX
SUBSTRATE: ALUMINIUM BOX - OPAL FACE
CHEM SET FIXINGS TO TILED WALL
POWER TO LIGHTBOX
W: 1250mm H: 250mm PRODUCTION PROCESS: TRANSLUCENT TOMATO RED TO OPAL SPRAY: CLEAR COAT QTY: 1
PROOF 1 16.2.16
27
30
mm
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NINETY-FIRST ORDINARY COUNCIL MEETING – OPEN SECTION PAGE ORD5/11 TUESDAY, 17 MAY 2016
Ninety-First Meeting of the Twenty-First Council Tuesday, 17 May 2016 PAGE ORD5/11
Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.
15.2 TOWN PLANNING REPORT/LETTERS (RECEIVE & NOTE) Nil
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NINETY-FIRST ORDINARY COUNCIL MEETING – OPEN SECTION PAGE ORD5/12 TUESDAY, 17 MAY 2016
Ninety-First Meeting of the Twenty-First Council Tuesday, 17 May 2016 PAGE ORD5/12
Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.
16. INFORMATION ITEMS AND CORRESPONDENCE RECEIVED 16.1 Minister for Lands and Planning - Darwin City Centre Master Plan
Document No. 3280668 (29/04/16) Common No. 2116605 The incoming letter from the Minister for Lands and Planning regarding the Darwin City Centre Master Plan is Attachment A. THAT the incoming letter from the Minister for Lands and Planning regarding the Darwin City Centre Master Plan be received and noted.
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NINETY-FIRST ORDINARY COUNCIL MEETING – OPEN SECTION PAGE ORD5/13 TUESDAY, 17 MAY 2016
Ninety-First Meeting of the Twenty-First Council Tuesday, 17 May 2016 PAGE ORD5/13
Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.
16. INFORMATION ITEMS AND CORRESPONDENCE RECEIVED 16.2 Minister for Lands and Planning - Kulaluk Lease Area
Document No. 3278055 (29/04/16) Common No. 3338637 The incoming letter from the Minister for Lands and Planning regarding the Kulaluk Lease Area is Attachment B. THAT incoming letter from the Minister for Lands and Planning regarding the Kulaluk Lease Area be received and noted.
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NINETY-FIRST ORDINARY COUNCIL MEETING – OPEN SECTION PAGE ORD5/14 TUESDAY, 17 MAY 2016
Ninety-First Meeting of the Twenty-First Council Tuesday, 17 May 2016 PAGE ORD5/14
Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.
17. REPORTS OF REPRESENTATIVES Common No. 1735503
18. QUESTIONS BY MEMBERS 19. GENERAL BUSINESS 20. DATE, TIME AND PLACE OF NEXT ORDINARY COUNCIL MEETING
Common No. 2695130 THAT the next Ordinary Meeting of Council be held on Tuesday, 31 May 2016, at 5:00 p.m. (Open Section followed by the Confidential Section), Council Chambers, 1st Floor, Civic Centre, Harry Chan Avenue, Darwin. 21. CLOSURE OF MEETING TO THE PUBLIC
Common No. 2695131 THAT pursuant to Section 65 (2) of the Local Government Act and Regulation 8 of the Local Government (Administration) Regulations the meeting be closed to the public to consider the Confidential Items of the Agenda. 22. ADJOURNMENT OF MEETING AND MEDIA LIAISON
Common No. 2695132
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