maitland city council ordinary meeting minutes

MAITLAND CITY COUNCIL

ORDINARY MEETING MINUTES

12 OCTOBER, 2004

ORDINARY MEETING MINUTES 12 OCTOBER, 2004

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TABLE OF CONTENTS

ITEM SUBJECT PAGE NO 1 INVOCATION ...............................................................................................4

2 APOLOGIES ................................................................................................4

3 DECLARATIONS OF PECUNIARY INTEREST...........................................4

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING ........................4

5 BUSINESS ARISING FROM MINUTES.......................................................5

6 MAYORAL MINUTE.....................................................................................5

7 PUBLIC ACCESS ........................................................................................5

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS ...................................................................................................5

9 ITEMS FOR INFORMATION........................................................................6

9.1 MAITLAND SCHOOLS ENVIRONMENT PROGRAM 2004 .........6

10 OFFICERS REPORTS .................................................................................7

10.1 GENERAL MANAGER..................................................................7

10.2 FINANCE AND ADMINISTRATION..............................................8

10.2.1 BUDGET CARRY OVER WORKS FROM 2003/2004 TO 2004/2005......................................................................................8

10.2.2 PRESENTATION OF FINANCIAL REPORTS FOR YEAR ENDED 30 JUNE 2004..................................................................9

10.2.3 STATEMENT OF INVESTMENTS AS AT 30 SEPTEMBER 2004.............................................................................................11

10.2.4 FINANCIAL ASSISTANCE GRANT 2004/2005...........................12

10.2.5 NSW LOCAL GOVERNMENT COMMUNITY SERVICES CONFERENCE............................................................................13

10.2.6 VACANT LAND - 12 FREWIN AVENUE WOODBERRY.............14

10.3 SERVICE PLANNING AND REGULATION................................16

10.3.1 DA 04-1572 MEDIUM DENSITY HOUSING - 16 UNITS & DEMOLITION OF EXISTING DWELLING LOT 10 DP 819943,


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25 PATERSON ROAD, BOLWARRA . RECOMMENDATION: APPROVAL .................................................................................16

10.3.2 04-2941 DUAL OCCUPANCY/STRATA SUBDIVISION/DEMOLITION LOT 11 DP 39016, CANNA STREET, BOLWARRA. RECOMMENDATION: APPROVAL .....30

10.3.3 DA 03-3780 SUBDIVISION LOT 12 DP 1042562 LOT 12 DP 1042562, HOPMAN CLOSE, OAKHAMPTON HEIGHTS RECOMMENDATION: APPROVAL.............................................43

10.3.4 DA04-1058 OPTUS MOBILE TELECOMMUNICATIONS FACILITY ON LOT 4 DP 715719 NO 1364 NEW ENGLAND HIGHWAY HARPERS HILL. RECOMMENDATION: APPROVAL .................................................................................49

10.3.5 REZONING OF LOT1, D.P 18562 & LOT B, D.P 100440, BELMORE ROAD, LORN............................................................55

10.3.6 AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN - GOVERNMENT ROAD WEST PRECINCT, THORNTON NORTH...................................................................57

10.3.7 DEPARTMENT OF AGEING, DISABILITY & HOME CARE - AFFIXING OF COMMON SEAL ..................................................60

10.3.8 REGIONAL HOCKEY FACILITY - GRANT APPLICATION .........61

10.3.9 ASBESTOS AWARENESS MEDIA CAMPAIGN .........................62

10.3.10 BUSHFIRE MANAGEMENT PLANS ...........................................63

10.3.11 NEW GREENING PLAN PROJECT - TREES PROJECT ...........65

10.3.12 METFORD RAILWAY UNDERPASS ROAD CLOSURE AND DETOURS ...................................................................................66

11 NOTICE OF MOTION/RESCISSION..........................................................67

11.1 CHARITY BINS NOTICE OF MOTION SUBMITTED BY CLR DAVID POWER...........................................................................67

12 QUESTIONS WITHOUT NOTICE ..............................................................68

13 URGENT BUSINESS .................................................................................68

14 COMMITTEE OF THE WHOLE..................................................................69

14.1 PROPERTY ADVISORY GROUP ...............................................69

14.2 FORMER EAST MAITLAND GASWORKS ................................70


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15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE .....71

15.1 PROPERTY ADVISORY GROUP ...............................................71

15.2 FORMER EAST MAITLAND GASWORKS ................................72

16 CLOSURE ..................................................................................................73


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PRESENT Clr Peter Blackmore Clr Paul Casey Clr Ray Fairweather Clr Peter Garnham Clr Bob Geoghegan Clr Arch Humphery Clr Tony Keating Clr Henry Meskauskas Clr David Power Clr Steve Procter Clr Peter Way Clr Wendy White

1 INVOCATION

The General Manager read the customary prayer at the commencement of the meeting.

2 APOLOGIES

An apology was received for the unavoidable absence of Clr Woods. COUNCIL RESOLUTION THAT the apology received for the unavoidable absence of Clr Woods be accepted and leave of absence be granted. Moved Clr White, seconded Clr Garnham

CARRIED

3 DECLARATIONS OF PECUNIARY INTEREST

Clr Procter declared a non-pecuniary interest in Item 10.3.4 - DA 04-1058 Optus Mobile Telecommunications Facility on Lot 4 DP 715719 No 1364 New England Highway Harpers Hill due to relatives residing in the area.

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

Council Resolution THAT the minutes of the Ordinary Meeting held 28 September 2004 and the Extraordinary Meeting held 28 September 2004 be confirmed.

Moved Clr Way, Seconded Clr Meskauskas

CARRIED


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5 BUSINESS ARISING FROM MINUTES Nil

6 MAYORAL MINUTE Nil

7 PUBLIC ACCESS

Mr Richard Bennett spoke for item 10.3.1 - DA 04-1572 Medium Density Housing - 16 Units & Demolition of Existing Dwelling Lot 10 DP 819943, 25 Paterson Road, Bolwarra . Recommendation: Approval Mr Anthony Sarroff spoke for item 10.3.1 - DA 04-1572 Medium Density Housing - 16 Units & Demolition of Existing Dwelling Lot 10 DP 819943, 25 Paterson Road, Bolwarra . Recommendation: Approval Mr Pelham Higgins spoke for item 10.3.4 – DA 04-1058 Optus Mobile Telecommunications Facility on Lot 4 DP 715719 No 1364 New England Highway Harpers Hill. Recommendation: Approval Ms Michele Dark spoke against item 10.3.4 - DA 04-1058 Optus Mobile Telecommunications Facility on Lot 4 DP 715719 No 1364 New England Highway Harpers Hill. Recommendation: Approval Mr Robert Kerr spoke against item 10.3.4 - DA 04-1058 Optus Mobile Telecommunications Facility on Lot 4 DP 715719 No 1364 New England Highway Harpers Hill. Recommendation: Approval

COUNCIL RESOLUTION THAT an extension of one minute be granted to Mr Robert Kerr

Moved Clr Way, Seconded Clr White

CARRIED

Mr Glenn Ziernik spoke for item 10.3.5 - Rezoning of Lot 1, D.P 18562 & Lot B, D.P 100440, Belmore Road, Lorn Mr Alan Wells spoke for item 10.3.6 – Amendment to Maitland Local Environmental Plan – Government Road West Precinct, Thornton North

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS

COUNCIL RESOLUTION THAT the late Item 10.2.6 – Vacant Land – 12 Frewin Avenue, Woodberry,

be accepted and dealt with in oder of the Agenda.

Moved Clr Way, seconded Clr White

CARRIED


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9 ITEMS FOR INFORMATION

9.1 MAITLAND SCHOOLS ENVIRONMENT PROGRAM 2004

File No: 55/5

Responsible Officer: David Simm Manager Environmental Programs

Author: Duncan Jinks Trainee Environmental Health Officer

EXECUTIVE SUMMARY The Maitland Schools Environment Program has been successful in attracting 15 local schools to participate in the 2004 program. Through this program Council has been able to support each participating school through both expert advice and on-ground assistance for school’s environmental projects, as well as through the provision of funding assistance for specific environmental projects. Council has also provided assistance to 6 local schools to secure approximately $4500 through the Mitre 10 Junior Landcare Grants Program.

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

Moved Clr Fairweather, Seconded Clr Garnham

CARRIED


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10 OFFICERS REPORTS

10.1 GENERAL MANAGER

Nil


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10.2 FINANCE AND ADMINISTRATION

10.2.1 BUDGET CARRY OVER WORKS FROM 2003/2004 TO 2004/2005

File No: 2/8/10

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Phil Freeman Manager Accounting Services

EXECUTIVE SUMMARY On 10 June 2003 Council adopted the Management Plan for 2003/2004, which included the budget. A number of works that were included in the Management Plan for 2003/2004 were not completed at 30 June 2004. These works have been identified and included as Internally Restricted Assets in Council’s financial reports for the year ending 30 June 2004, to ensure that funds are set aside to pay for these works.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT the budget carry over works from 2003/2004 be approved, and form part of the Management Plan for 2004/2005.

Moved Clr Geoghegan, Seconded Clr Way

CARRIED


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10.2.2 PRESENTATION OF FINANCIAL REPORTS FOR YEAR ENDED 30 JUNE 2004

File No: 2/8/10



EXECUTIVE SUMMARY The audit of Council’s financial reports for the year ending 30 June 2004 has been completed. Section 418 of the Local Government Act, 1993 requires Council to fix a date for a meeting to present it’s audited financial reports, together with the auditor’s report, to the public.

OFFICER’S RECOMMENDATION THAT:

1. Council consider formal presentation of the 2003/2004 financial reports at the Council meeting to be held on Tuesday 2 November 2004.

2. Council place an advertisement in a local newspaper in accordance with Section 418(3) of the Local Government Act, 1993 notifying the public of the proposal to present the 2003/2004 financial reports on 2 November 2004.

PROCEEDINGS IN BRIEF

A motion was moved by Clr Fairweather that the Officer’s Recommendation be adopted with the addition of the following:

That a workshop/briefing be held for Councillors prior to the quarterly financial report being presented to Council to review the 2004/05 Management Plan.

a) Review to assess the financial implications of surplus funds from the 2003/04 financial year.

b) Debt service ratio of 4.25%, in particular, during low interest rates over an extended period.

c) Clarification of restricted cash assets and investments.

d) Financial Assistance Grants. General Purpose $63, 723 and Local Roads $23,987

e) Other matters as the General Manager may present.


PRESENTATION OF FINANCIAL REPORTS FOR YEAR ENDED 30 JUNE 2004 (Cont.)

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The motion when put to the meeting was declared carried.

COUNCIL RESOLUTION THAT:

1. Council consider formal presentation of the 2003/2004 financial reports at the Council meeting to be held on Tuesday 2 November 2004.

2. Council place an advertisement in a local newspaper in accordance with Section 418(3) of the Local Government Act, 1993 notifying the public of the proposal to present the 2003/2004 financial reports on 2 November 2004.

3. That a workshop/briefing be held for councillors prior to the quarterly financial report being presented to Council to review the 2004/05 Management Plan.

a) Review to assess the financial implications of surplus funds from the 2003/04 financial year.

b) Debt service ratio of 4.25%, in particular, during low interest rates over an extended period.

c) Clarification of restricted cash assets and investments.

d) Financial Assistance Grants. General Purpose $63, 723 and Local Roads $23,987

e) Other matters as the General Manager may present.

Moved Clr Fairweather, Seconded Clr Keating

CARRIED


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10.2.3 STATEMENT OF INVESTMENTS AS AT 30 SEPTEMBER 2004

File No: 82/2

Responsible Officer: Graeme Tolhurst Group Manager Finance and Administration

Author: Alicia Martin Expenditure Accountant

EXECUTIVE SUMMARY The Local Government (Financial Management) Regulation 1993, Section 19(3)(b) requires Council to report its investments.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT the report be received and noted.

Moved Clr Garnham, Seconded Clr Way

CARRIED


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10.2.4 FINANCIAL ASSISTANCE GRANT 2004/2005

File No: 65/9



EXECUTIVE SUMMARY Council’s Management Plan for 2004/2005 estimated the following amounts of Financial Assistance Grants to be received from the Federal Government: General Purpose component $3,580,000 and Local Roads component $741,400. Council has now been advised that the actual grant amounts will be: General Purpose component $3,643,723 and Local Roads component $765,387. The additional amounts of $63,723 and $23,987 respectively will form part of the September 2004 Quarterly Budget Review.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. Council note the actual Financial Assistance Grant amounts for 2004/2005.

2. The increases in the Grant amounts form part of the September 2004 Quarterly Budget Review.

Moved Clr Garnham, Seconded Clr Way

CARRIED


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10.2.5 NSW LOCAL GOVERNMENT COMMUNITY SERVICES CONFERENCE

File No: 32/1


Author: Graeme Tolhurst Group Manager Finance and Administration

EXECUTIVE SUMMARY The NSW Local Government Community Services Association Annual Conference will be held on the 17th to the 19th November 2004 in Wollongong. Nominations are called from interested Councillors to attend this conference.

OFFICER'S RECOMMENDATION THAT any interested Councillors be nominated for the NSW Local Government Community Services Conference.

COUNCIL RESOLUTION THAT Maitland City Council not attend the NSW Local Government Community Services Association Annual Conference.

Moved Clr Humphery, Seconded Clr Way

CARRIED


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10.2.6 VACANT LAND - 12 FREWIN AVENUE WOODBERRY

File No: P15537

Attachments: Location Plan


Author: Frank Shrimpton Property/Risk Management Coordinator

EXECUTIVE SUMMARY This report is required to further advance the rezoning and reclassification of Council’s property at 12 Frewin Avenue Woodberry and to ensure compliance with delegated directions from the Department of Infrastructure, Planning and Natural Resources. The land is currently zoned 6(a) Public Recreation and a formal resolution is required to include the rezoning of the land to 2(a) Residential in the draft local environment plan.

OFFICER’S RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. Council resolve to rescind the determinations and resolutions made in regard to this matter at its meeting of the 28 September 2004.

2. Council resolve to prepare a draft local environment plan under Section 54 of the Environment Planning and Assessment Act in respect to Lot 383 DP 241451, known as 12 Frewin Avenue, Woodberry to:-

• Rezone the property from 6(a) Public Recreation to 2(a) Residential,

• Reclassify the property from community land to operational land in accordance with Section 27 of the Local Government Act, 1993.

3. The Department of Infrastructure, Planning and Natural Resources be advised of Council’s decision in accordance with Section 54(4) of the Environment Planning and Assessment Act, 1979.

4. The draft plan be exhibited :-

• for a period of twenty-eight days and a public hearing be conducted as required by the Environment Planning and Assessment Act, 1979, and the Environment Planning and Assessment Regulations, 2000,


NSW Local Government Community Services Conference (Cont.)

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• in accordance with the Best Practice Guideline published by the Department of Urban Affairs and Planning in January 1997 titled "LEPs and Council Land - Guideline for Councils using delegated powers to prepared LEPs involving land that is or was previously owned or controlled by Council".

5. A further report to be presented to Council for consideration following the statutory consultation and public exhibition process.

Moved Clr Power, Seconded Clr Keating

CARRIED


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10.3 SERVICE PLANNING AND REGULATION

10.3.1 DA 04-1572 MEDIUM DENSITY HOUSING - 16 UNITS & DEMOLITION OF EXISTING DWELLING LOT 10 DP 819943, 25 PATERSON ROAD, BOLWARRA . RECOMMENDATION: APPROVAL

File No: DA 04-1572 Attachments: Locality Plan

Development Plans Submissions

Responsible Officer: Stephen Punch Manager Service Planning & Regulation Author: Rebecca Moroney Town Planner Applicant: Hill Top Planners Proposal: Medium Density Housing - 16 Units &

Demolition of Existing Dwelling Location: Bolwarra Zone: 2(a) Residential

EXECUTIVE SUMMARY Development consent is sought from Council for Medium Density Housing, consisting of 16 Units & Demolition of Existing Dwelling at Lot 10 DP 819943 25 Paterson Road, Bolwarra. The subject land is zoned 2(a) Residential under Maitland Local Environmental Plan, 1993. Medium Density Housing is a permissible form of development in the 2(a) Residential Zone with Council consent and is not inconsistent with the objectives of the zone.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT: DA 04-1572 for Medium Density Housing - 16 Units & Demolition of Existing Dwelling on Lot 10 DP 819943, 25 Paterson Road, Bolwarra be approved, subject to the conditions of consent set out in the attached schedule.

Moved Clr Way, Seconded Clr Humphery

CARRIED


DA 04-1572 Medium Density Housing - 16 Units & Demolition of Existing Dwelling Lot 10 DP 819943, 25 Paterson Road, Bolwarra (Cont)

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SCHEDULE OF CONDITIONS

Schedule of Conditions DA 04-1572 COMPLIANCE Reason: The following condition(s) have been applied to confirm and clarify the terms of

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

with the plans and documentation submitted with the application and any amendments to those plans arising through conditions to this consent.

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

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

2 A construction certificate is to be obtained prior to commencing

construction works. The construction certificate application is to include detailed plans and specifications for the construction of the building/structure.

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

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

3 All excavated an/or filled areas are to be retained or battered and suitably

drained so as to prevent any subsidence of the area and constructed so as to deny any flow of water into or around the building or neighbouring buildings or onto neighbouring land. Where a retaining wall is planned for this purpose and such wall exceeds 1.0m in height at any point from finished ground level, plans and specifications of the construction SHALL BE APPROVED BY COUNCIL BEFORE WORKS COMMENCE. Plans and specifications of retaining walls greater than 1.0m in height MUST BE CERTIFIED BY A PRACTICING PROFESSIONAL ENGINEER. Note: The submission of a separate Development Application is not required for a retaining wall associated with this approval and indicated on the approved plans.

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



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5 If an excavation extends below the level of the base of the footings of a building/structure on an adjoining allotment of land, the person causing the excavation to be made. i) Must preserve and protect the building/structure from damage,

and

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

iii) Must, at least 7 days before excavating below the level of the base of the footings of a building/structure on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building/structure being erected or demolished.

The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this condition, whether carried out on the allotment of land being excavated or on the adjoining allotment of land. (Includes a public road and any other public place).

6 If the work: i) is likely to cause pedestrian or vehicular traffic in a public place to

be obstructed or rendered inconvenient, or

ii) involves the enclosure of a public place a hoarding or fence must be erected between the work site and the public place. If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place. The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place. Any such hoarding, fence or awning is to be removed when the work has been completed.



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7 A sign must be erected in a prominent position on the work: (i) stating that unauthorised entry to work site is prohibited, and (ii) showing the name of the person in charge of the work site and a

telephone number at which that person may be contacted during work hours.

Any such sign is to be removed when the work has been completed. This condition does not apply to: (i) building work carried out inside an existing building, or

(ii) building work carried out on premises that are to be occupied

continuously (both during and outside working hours) while the work is being carried out.

8 Approved toilet facilities are to be provided, at or in the vicinity of the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. The provision of toilet facilities in accordance with this Clause must be completed before any other work is commenced.

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

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

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

12 The applicant is required to notify Council in writing prior to commencing building operations, of any existing damage to kerbing and guttering and/or footpath paving the absence of such notification shall signify that no damage exists and that the applicant will be liable for the cost of the reinstatement of any damage to kerbing and guttering or footpath paving which may be necessary after completion of the building operation.

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



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

facilities constructed to a suitable standard commensurate with the demand likely to be generated by the proposed development.

14 The provision of on-site parking in accordance with Council's Car

Parking Policy adopted 30 July 2001. For the subject application the required car parking has been assessed at a minimum of 36 spaces.

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

16 All visitor parking bays shall be permanently marked out on the pavement surface and clearly indicated by means of appropriate signage.

17 The provision of on-site car parking for the subject application has been assessed at: (a) 32 spaces required to be covered (b) 7 spaces not required to be covered

LANDSCAPING Reason: The following condition(s) have been applied to ensure that adequate provision is made

for the landscaping of the site in association with the proposed development, to enhance the external appearance of the development, and to ensure that existing and proposed landscaped areas are appropriately maintained.

18 The landscaped area of the development is to be maintained at all times

in accordance with the approved landscape plans.

19 No tree exceeding 3 metres in height or having a branch spread of 3 metres or more in diameter is to be removed from the subject land unless: i) The removal is essential in order for the development under this

consent to proceed; and ii) Consent to the removal of the tree(s) has been granted by Council

in accordance with Clause 29 of the Maitland Local Environmental Plan, 1993.

20 The proposed required landscaped areas are to be kept free of parked vehicles, stored goods, garbage or waste material and are to be permanently maintained.



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DESIGN Reason: The following condition(s) have been applied to ensure that:

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

ii) Buildings are constructed of suitable materials with respect to their function and location and that colour schemes and restoration works are appropriate and retain the integrity of existing structures.

21 The floor level of all habitable rooms is to be a minimum of 500mm above

the 1 in 100 year AEP flood level on the subject land. In this regard, a Survey Plan describing the R.L. (A.H.D.) of the subject land and the R.L. (A.H.D.) of the 1 in 100 year AEP flood level is to be prepared by a Registered Surveyor and submitted in conjunction with the Construction Certificate.

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

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

24 All service pipes and vents shall be concealed within the external walls of the development. Access panels are to be provided as per the requirements of the relevant authorities.

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

26 Provision of a screened enclosure for the storage of individual garbage receptacles. This enclosure is to be located and constructed of materials consistent with the proposed building and are not to be located forward of the building line.

27 A colour scheme is to be prepared and submitted to Council for approval giving detail of the colour and character of all external building materials. This colour scheme is to incorporate the total façade of the building including the area below the awning.



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28 An 88B Instrument under the Conveyancing Act, or some such similar restriction on the title is to be created prior to the release of the Construction Certificate, restricting the type of fencing along Paterson Road to be of open mesh and no higher than 1.2m.

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

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

29 Consultation and compliance with the requirements of the following

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

Confirmation prior to commencement of construction work)

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

STANDARD BUILDING CONDITIONS Reason: The objectives of the following conditions is to draw to the attention of the applicant and


31 BEFORE ANY WORK COMMENCES

At least two days before any site works, building or demolition begins, the applicant must: a) Ensure that a “Construction Certificate” issued by an accredited

Principal Certifying Authority (PCA) is obtained prior to commencing any construction works, and

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

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



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

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

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

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

d) protect and support any neighbouring buildings and land, and e) protect any public land or place from obstruction, inconvenience

or damage due to the carrying out of the development, and f) prevent any substance from falling onto any public land or place,

and g) provide suitable and adequate measures to restrict public access

to the site and building works, materials and equipment, and h) pay any Section 94 contributions if required by a contributions

plan applying to the land, and i) comply with any other conditions prescribed by the Environmental

Planning & Assessment Regulation. Note: Various items do not impose a requirement on an applicant where

complied with by the builder.

SITE MANAGEMENT 34 Run-off and erosion controls must be implemented before construction

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

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

or waterways, and c) prevent tracking of sediment by vehicles onto roads, and d) stockpile topsoil, excavated material, construction and

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



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

DEMOLITION 36 Any demolition works authorised by the certificate are to be carried out

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

DRAINAGE 37 The completed building is to have a drainage system so that:

a) the land surrounding any structure is graded to divert surface water to the street, and is clear of existing and proposed structures and adjoining premises, and

b) if the water drains to the rear of the property, it is collected and drained via a gravity system to a Council stormwater line or disposed of in a manner consistent with Council's soil and water management policy.

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

HOURS OF WORKS 39 Any building work must be carried out between 7.00am and 6.00pm

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

CONSTRUCTION WITHIN BOUNDARIES 40 The owner of the property is to ensure that any structure, including a

retaining wall, is constructed:



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a) to meet the setback requirements of the approved plans, and b) so as to be clear of any boundary line and wholly within the

confines of the lot, and c) so as to be clear of any easement/s located within the allotment

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

SITE ACCESS 41 If kerb and gutter is provided, driveways are to be a minimum of 500

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

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

stormwater pipe and concrete headwalls, or b) a 6 metre by 6 metre concrete slab dish drain.

43 Driveways are to be constructed in accordance with any relevant requirements of AS 2890.1-1993 Parking Facilities Part 1: ‘Off-Street Car Parking’, with appropriate transition zones. Note: The applicant is required to notify Council in writing, prior to commencing building operations, of any existing damage to kerbing and guttering and/or footpath paving. The absence of such notification shall signify that no damage exists and that the applicant will be liable for the cost of the reinstatement of any damage to kerbing and guttering or footpath paving which may be necessary after completion of the building operation.

SEWER AND DRAINAGE APPROVAL 44 Before a building is occupied, an approval from Hunter Water

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

CONSTRUCTION WORKS 45 All building work must be carried out in accordance with the provisions

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

46 The proposed development is to be carried out strictly in accordance with the plans and documentation submitted with the application and any amendments to those plans arising through conditions to this consent.



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GENERAL 47 Throughout the course of construction MANDATORY CRITICAL STAGE

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

48 The owner and applicant should note that the issue of this development consent does not amount to a release, variation or modification by Council of any covenant or ‘restriction as to user’ applicable to this property and that any action taken by the applicant in accordance with the consent which results in any loss or damage by way of breach of the covenant will not be the responsibility of Council.

AT THE COMPLETION OF WORKS 49 The site is to be cleared of all building refuse and spoil immediately after

completion of the building/structure. 50 The development or any portion of the development SHALL NOT BE

USED OR OCCUPIED UNTIL an "Occupation Certificate Application" has been received and determined by the PCA and an Occupation or Interim Occupation Certificate has been issued. Note: where Council is the PCA responsible for issuing the Occupation Certificate, the required fee and all associated information and certifications must accompany the application for the certificate. To ensure occupation or use of the development can occur in a timely fashion, the occupation certificate application should be submitted at the same time as the final mandatory critical stage inspection is being requested.

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

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

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

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



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

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

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

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

policy adopted on the 1st September, 1995 for the Provision of public amenities and services within the Maitland Local Government Area as follows:- City Wide 1. Community Amenities & Services $20175.00 2. Recreation & Open Space $7845.00 3. Cycleway $1845.00 4. Bushfire Services $n/a 5. Urban Roads $780.00 6. Administration $2250.00 Sector $9450.00 TOTAL $42345.00 NOTE: The above rates are effective from 1st January 2004, and will be subject to inflation adjustment, calculated as at the date of payment. The method of adjustment shall be based on the Implicit Price Deflator (Total Public Gross Fixed Capital Expenditure) as published by the Australian Bureau of Census and Statistics. The above payment is to be made prior to release of the Construction Certificate.

53 A Drainage Plan Assessment fee of $543 for the proposed development, based on Council’s current Fees and Charges Schedule, must be paid prior to issue of the Construction Certificate.

TRAFFIC/ROADS/FOOTPATH Reason: The following condition(s) have been applied to ensure that the surrounding road system,

footpaths, access/egress and internal parking and maneuvering areas are designed and constructed to a standard adequate to service the proposed development.

54 Concrete kerb laybacks are to be constructed in accordance with

Council's Standard Drawing SD50. The laybacks are to be doubly reinforced with two layers of F72 mesh. The minimum thickness of such laybacks shall be 150mm. The top layer of reinforcement shall have 25mm clear cover to the top. The bottom layer of reinforcement shall have 50mm clear cover to the bottom. Only ready mixed concrete of 28 day compressive strength, not less than 32Mpa shall be used. Finish



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shall be plain concrete broomed finished unless some other finish has been specified in the Development Application.

55 Prior to issue of the Construction Certificate, driveway profiles from the

street gutter to the vehicle parking areas/garages/internal driveways shall be submitted to Council for approval, complying with Council’s standard drawings and showing existing and proposed surface levels.

56 Heavy duty vehicular footpath crossings shall be constructed as full

width concrete slabs in accordance with the design criteria contained in Maitland City Council Standard Drawings SD77 and SD78. Concrete shall be 150mm thick and doubly reinforced with two layers of F72 mesh. The top layer of reinforcement shall have 25mm clear cover to the top. The bottom layer shall have 50mm clear cover to the bottom. Only ready mixed concrete of 28 day compressive strength not less than 32Mpa shall be used. Finish shall be broom finished plain concrete only, unless some other finish has been specified in the Development Application. The road shoulder shall be adjusted/reconstructed adjacent to the driveways as required to

57 Road shoulder reconstruction/adjustment is to be completed between

the existing road pavement and driveway crossings as required. Construction is to consist of a compacted gravel pavement and asphaltic concrete seal equivalent to the existing road pavement.

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

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

60 Entry and exit points are to be clearly marked or signposted. A “Right Turn” lane is to be constructed in Paterson Road for the northern entry/exit to the development site. The southern access is to be restricted to an exit only.



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

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

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

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

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

62 On site stormwater detention (OSD) must be provided. An amount of 87.3 cubic metres of detention and a permissible site discharge of 92 litres per second is to be provided for the overall development. A practising Engineer or suitably qualified person is to prepare designs that must be submitted and approved by Council prior to the issue of a Construction Certificate. The stormwater detention system is not to be removed or altered without the express permission of Maitland City Council, the system is to be maintained in good working order at all times. The Drainage Plan Assessment fee must be paid prior to issue of the Construction Certificate.

63 Stormwater overflow, discharge and dispersal from the OSD drainage system shall be designed, installed and maintained so as to ensure that no erosion, scouring or concentration of water flow occurs on the adjoining property. Such design shall be incorporated into the site’s drainage design that is submitted to Council for Approval.

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

65 The site and its surrounding environs are to be protected from the effects of sediment and erosion by the application of generally accepted sediment and erosion control principles. In this respect, a sediment and erosion control plan shall be submitted to Council for reference, and site controls shall be established in accordance with that plan certified by a practising Engineer or suitably qualified person, must be submitted to Council prior to the issue of a Construction Certificate. Council must also receive Certification that the site controls are in place, prior to the commencement of works.


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10.3.2 04-2941 DUAL OCCUPANCY/STRATA SUBDIVISION/DEMOLITION LOT 11 DP 39016, CANNA STREET, BOLWARRA. RECOMMENDATION: APPROVAL

File No: DA 04-2941 Attachments: Locality Plan

Development Plans

Responsible Officer: Stephen Punch Manager - Service Planning & Regulation Author: Rebecca Moroney Town Planner Applicant: Allambie Holdings Pty Limited Proposal: Dual Occupancy/Strata Subdivision/ Demolition Location: Canna Street, Bolwarra Zone: 2(a) Residential

EXECUTIVE SUMMARY Development consent is sought from Council for Dual Occupancy/Strata Subdivision/Demolition at Lot 11 DP 39016, Canna Street, Bolwarra. The subject land is zoned 2(a) Residential under Maitland Local Environmental Plan, 1993. Dual Occupancy/Strata Subdivision/Demolition is a permissible form of development in the 2(a) Residential Zone with Council consent and is not inconsistent with the objectives of the zone. This matter is presented to Council on the basis that Mr Stephen Punch is one of the directors of Allambie Holdings Pty Limited and as such, in accordance with Council policy, the matter is one which must be determined by the full Council.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT: DA 04-2941 and CC 04-2942 for Dual Occupancy/Strata Subdivision/Demolition on Lot 11 DP 39016, Canna Street, Bolwarra be approved, subject to the conditions of consent set out in the attached schedule.

Moved Clr Geoghegan, Seconded Clr Casey

CARRIED


04-2941 Dual Occupancy/Strata Subdivision/Demolition Lot 11 DP 39016 Canna Street, Bolwarra

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SCHEDULE OF CONDITIONS DA 04-2941 COMPLIANCE Reason: The following condition(s) have been applied to confirm and clarify the terms of

Council’s Approval. 1 The applicant shall comply with all conditions within this schedule prior

to occupancy of the proposed development.

2 Prior to issue of an Occupation Certificate for the development, all conditions relating to this consent shall be complied with, and all approved building and site works shall be completed in accordance with the approved plans and/or specifications.




3 A Drainage Plan Assessment fee of $365 for the proposed development,

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

4 The payment of a monetary contribution in accordance with Council's policy adopted on the 1st September, 1995 for the Provision of public amenities and services within the Maitland Local Government Area as follows:- City Wide 1. Community Amenities & Services $1345 2. Recreation & Open Space $523 3. Cycleway $123 4. Bushfire Services $n/a 5. Urban Roads $52 6. Administration $150 Sector $630 TOTAL $2823



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NOTE: The above rates are effective from 1st January 2004, and will be subject to inflation adjustment, calculated as at the date of payment. The method of adjustment shall be based on the Implicit Price Deflator (Total Public Gross Fixed Capital Expenditure) as published by the Australian Bureau of Census and Statistics. The above payment is to be made prior to release of the Construction Certificate.

SUBDIVISION CONDITIONS 5 The proposed subdivision is to be carried out in accordance with the

approved plans for both the subdivision and the dual occupancy. All conditions pertaining to the dual occupancy must be complied with and an Occupation Certificate issued prior to endorsement of the final survey plan for subdivision.

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

7 A final plan endorsement fee applicable at the time of release of plans shall be paid to Council prior to the release of the plan (currently $220.00).

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

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



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

Standard AS 2601-1991 “Demolition of Structures”, with all waste being removed from the site. Hazardous waste such as asbestos cement sheeting etc, being handles, conveyed and disposed of in accordance with guidelines and requirements from NSW Workcover Authority. Disposal of asbestos material at Council’s Waste Depot requires prior arrangement for immediate landfilling.





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11 Concrete kerb laybacks are to be constructed in accordance with Council's Standard Drawing SD50.

12 Prior to Occupation, vehicular footway crossings shall be constructed as full width concrete slabs, in accordance with Council’s standard drawings SD68, SD77, SD78 & SD81. Concrete shall be a minimum of 125mm thick, reinforced with F72 mesh with 25mm cover to the top of the slab. Concrete with a 28-day minimum compressive strength of 20Mpa shall be used. Full depth compressible joint fillers shall be provided at the kerb layback and the property boundary.

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

14 Barricades and lights are to enclose the whole of the vehicular crossing

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

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





16 On site stormwater detention must be provided. An amount of 4.6 cubic

metres of detention and a permissible site discharge of 10.6 litres per second is to be provided for the overall development. A practising Engineer or suitably qualified person is to prepare designs that must be submitted and approved by Council prior to the issue of a Construction Certificate. It is recommended that the PSD and OSD parameters/quantities be equally divided between each unit of the development and constructed independently. The stormwater detention system is not to be removed or altered without the express permission of Maitland City Council, the system is to be maintained in good working order at all times. The Drainage Plan Assessment fee must be paid prior to issue of the Construction Certificate.



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

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

19 The site and its surrounding environs are to be protected from the effects of sediment and erosion by the application of generally accepted sediment and erosion control principles. In this respect, a sediment and erosion control plan shall be submitted to Council for reference, and site controls shall be established in accordance with that plan certified by a practising Engineer or suitably qualified person, must be submitted to Council prior to the issue of a Construction Certificate. Council must also receive Certification that the site controls are in place, prior to the commencement of works.

20 In order to protect adjoining properties, all cut and fill batters are to be contained within the property and are to provide stable, erosion free, maintainable slopes. In all instances where this cannot be achieved retaining walls are to be provided, the design and construction of which are to be Engineer certified.

STANDARD PROVISIONS Reason: The objective of the following conditions is to draw to the attention of the applicant and

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

21 Where the proposed development involves the disturbance of any

existing survey monuments, those monuments affected will need to be relocated by a Surveyor registered under the Surveyors Act. A plan showing the relocated marks will then be required to be lodged as a matter of public record at the Land Titles Office.



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

facilities constructed to a suitable standard commensurate with the demand likely to be generated by the proposed development.

22 The provision of on-site parking in accordance with Council's Car

Parking Policy adopted 30th July, 2001. For the subject application the required car parking has been assessed at a minimum of four spaces.

23 The provision of on-site car parking for the subject application has been assessed at: (a) four spaces required to be covered





DESIGN Reason: The following condition(s) have been applied to ensure that:



25 All buildings are to be located a minimum of six metres from the street

alignment.

26 All service pipes and vents shall be concealed within the external walls of the development. Access panels are to be provided as per the requirements of the relevant authorities.

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



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29 A Certificate under Section 50 of the Hunter Water Corporatisation Act, 1991, shall be obtained prior to release of the Construction Certificate. Applications for Section 50 Certificates are to be made direct to the Hunter Water Corporation.

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

owner their responsibilities to comply with various provisions of the Environmental Planning and Assessment Act, 1979, Environmental Planning and Assessment Regulations, 1994, Local Government Act, 1993; Regulations, Building Code of Australia and Local Policies relating to building construction and maintenance.

30 THE APPLICANT IS REQUIRED TO SUBMIT TO COUNCIL, ‘NOTICE OF

COMMENCEMENT’ AT LEAST TWO (2) DAYS PRIOR TO THE COMMENCEMENT OF CONSTRUCTION WORKS.

31 INSPECTIONS ARE REQUIRED to be carried out in accordance with the Inspection Schedule as detailed with the attached Construction Certificate.

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

33 All aspects of the building design shall comply with the applicable performance requirements of the BCA for a Class 1(a) dwelling so as to achieve and maintain acceptable standards of structural sufficiency, safety (including fire safety), health and amenity for the ongoing benefit of the community. Compliance with the performance requirements can only be achieved by: a) complying with the deemed to satisfy provisions, or b) formulating an alternative solution which:

i) complies with the performance requirements, or



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ii) is shown to be at least equivalent to the deemed to satisfy provision, or

c) a combination of a) or b).

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

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

36 The Owner should note that the issue of this development consent does not amount to a release, variation or modification by Council of any covenant applicable to this property and that any action taken by the applicant in accordance with the consent which results in any loss or damage by way of breach of the covenant will not be the responsibility of Council.

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

38 THE BUILDING SHALL BE SET OUT BY A REGISTERED SURVEYOR. A Survey Certificate shall be submitted prior to, or at the time of, the footing inspection; indicating the location of the footprint of the building relative to the boundaries of the lot and (where applicable) other buildings located on the lot.

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

40 The applicant shall consult with Council’s Asset Planning & Management

Group for all advice concerning works associated with; a) Footpath crossings b) Kerb crossings c) Stormwater outlets d) Driveway gradients and profiles 41 (1) Building work that involves residential building work (within the

meaning of the Home Building Act, 1989) must not be carried out unless the principal certifying authority for the development to which the work relates: (a) in the case of work to be done by a licensee under that Act:



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(i) has been informed in writing of the licensee's name and contractor licence number, and

(ii) is satisfied that the licence has complied with the requirements of Part 6 of that Act, or

(b) in the case or work to be done by any other person; (i) has been informed in writing of the person's name and

owner-builder permit, or (ii) has been given a declaration, signed by the owner of

the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in Section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

(2) A certificate purporting to be issued by an approved insurer under Part 6 of the Home Building Act, 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that part.

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

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

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

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



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

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

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

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


45 All excavated and/or filled areas are to be retained or battered and suitably drained so as to prevent any subsidence of the area and constructed so as to deny any flow of water into or around the building or neighbouring buildings or onto neighbouring land. Where a retaining wall is planned for this purpose and such wall exceeds 1.0 metres in height at any point from finished ground level, plans and specifications of the construction SHALL BE APPROVED BY COUNCIL BEFORE WORKS COMMENCE. Plans and specifications of retaining walls greater than 1.0 metres in height MUST BE CERTIFIED BY A PRACTICING PROFESSIONAL ENGINEER. Note: The submission of a separate Development Application is not required for a retaining wall associated with this approval and indicated on the approved plans.

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

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

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

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

the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.



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The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this condition, whether carried out on the allotment of land being excavated or on the adjoining allotment of land. (Includes a public road and any other public place).

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


Any such sign is to be removed when the work has been completed. This condition does not apply to: i) Building work carried out inside an existing building, or ii) Building work carried out on premises that are to be occupied


49 Approved toilet facilities are to be provided, at or in the vicinity of the work site on which the work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. The provision of toilet facilities in accordance with this Clause must be completed before any other work is commenced.

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

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

52 Soil erosion and sediment controls are to be provided in accordance with Council’s policy PRIOR TO, AND AT ALL TIMES DURING, the construction of the proposed development.

53 The applicant is required to notify Council in writing prior to commencing building operations, of any existing damage to kerbing and guttering and/or footpath paving associated with the subject Lot. The absence of such notification signifies that no damage exists and the applicant shall therefore be liable for the cost of the repair of any damage to kerbing and guttering or footpath paving which may be necessary after completion of the building operation.



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

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

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

55 The design and installation of slab and/or footing systems shall be in accordance with the requirements of Australian Standard AS2870-1996 (Residential Slabs and Footing Code), or alternatively designed and certified by a practising professional structural engineer.

56 The proposed roof trusses, wall frame and bracing are to be erected in strict accordance with manufacturers plans and specifications.

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

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

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

58 A report from a licensed pest controller or approved installer is to be provided prior to completion of the construction works. The report is to certify that the termite protection measures applied to the building have been installed in accordance with the Building Code of Australia and the manufacturers requirements.

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

60 Unless otherwise approved by Council in writing; all building work associated with this approval shall be carried out between 7.00am and 6.00pm Monday to Fridays and 7.00am to 5.00pm on Saturdays with no work permitted on Sundays or Public Holidays that may cause offensive noise.

61 Where a lot has frontage to existing concrete foot paving or a cycle path within the footpath, then the location of the proposed vehicular driveway access to the building is to be identified and the concrete paving removed over the width of the access. Access to the site by



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construction traffic will only be permitted at this location. Any damage to the remainder of the footpaving/cyclepath is to be reinstated by the property owner to Council's satisfaction.

62 Concrete kerb laybacks are to be constructed in accordance with Council's Standard Drawing SD50.

63 Light Duty vehicular footpath crossings shall be constructed as either full width concrete slabs or wheel strips in accordance with the design criteria contained in Maitland City Council Standard Drawings SD68, SD77 and SD78. Concrete shall be 125mm thick, reinforced with F72 mesh with 25mm clear cover to the top. Only ready mixed concrete of 28 day compressive strength, not less than 20Mpa shall be used. Finish shall be plain concrete broomed finish unless some other finish has been specified in the Development Application.

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

65 In accordance with Council’s Energy Smart Homes Development Control Plan No. 31; the hot water system shall have a minimum Greenhouse Score of 3.5 stars.

DIVIDING WALL CONSTRUCTION 66 The wall separating the Class 1 dwellings shall extend from the

footings/floor slab to the underside of the non-combustible roof covering.

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

68 Eaves that are open to the roof space and common to the dwellings shall be separated by non- combustible vertical lining in accordance with part clause 3.7 of the Building Code of Australia.

69 Separating walls between the class 1 buildings shall achieve the weighted sound reduction index (Rw) and impact sound resistance required by Table 3.8.6.1 of the Building Code of Australia. Dividing wall construction shall be erected in strict accordance with the manufacturers requirements.


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10.3.3 DA 03-3780 SUBDIVISION LOT 12 DP 1042562 LOT 12 DP 1042562, HOPMAN CLOSE, OAKHAMPTON HEIGHTS RECOMMENDATION: APPROVAL

File No: 03-3780 Attachments: Locality Plan

Development Plans

Responsible Officer: Stephen Punch Manager - Service Planning & Regulation Author: Rebecca Moroney Town Planner Applicant: John Charles Davis Proposal: 1 into 3 Lot Subdivision Location: Lot 12 DP 1042562, Hopman Close Zone: 2(a) Residential

EXECUTIVE SUMMARY Development consent is sought from Council for Subdivision at Lot 12 DP 1042562, Hopman Close, Oakhampton Heights. The subject land is zoned 2(a) Residential under the Maitland Local Environmental Plan, 1993. Subdivision is a permissible form of development in the 2(a) Residential Zone with Council consent and is not inconsistent with the objectives of the zone.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT: DA 03-3780 for Subdivision on Lot 12 DP 1042562, Hopman Close, Oakhampton Heights be approved, subject to the conditions of consent set out in the attached schedule.


CARRIED


DA 03-3780 Subdivision Lot 12 DP 1042562, Hopman Close, Oakhampton Heights (Cont)

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Schedule of Conditions DA 03-3780 COMPLIANCE Reason: The following condition(s) have been applied to confirm and clarify the terms of

Council’s Approval. 1 All conditions of consent pertaining to DA 03-3780 to be complied with

prior to the endorsement of the final subdivision plan.



2 Two copies of a Geotechnical report as to the site classification(s), in

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

3 The owner should note that the issue of this development consent does not amount to a release, variation or modification by Council of any covenant applicable to this property and that any action taken by the applicant in accordance with the consent which results in any loss or damage by way of breach of the covenant will not be the responsibility of Council.

4 The building envelopes shall be set out by a registered surveyor. A Survey Certificate shall be submitted indicating the location of the footprint of the building envelopes relative to the boundaries of the lot and where applicable other features such as Asset Protection Zones.

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

6 A final survey plan endorsement fee applicable at the time of release of plans shall be paid to Council prior to the release of the plan (currently $326.50).



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7 A “Restriction” on the title of the property under Section 88B of the Conveyancing Act, shall be created prior to release of the Final Plan of Survey to give effect to the following requirements:

• The 88B Instrument shall state that only single storey construction,

setback 100 metres from the Railway Line, shall be approved. Any dwelling house constructed on the Lot shall contain 6mm glazed laminated glass in windows facing the rail line, with the glass not exceeding 1.5 metres by 1.5 metres. Construction shall utilise appropriate materials with a sound rating of Rw 45.

• The building envelopes, out building envelopes, effluent disposal areas, landscaped areas, Asset Protection Zones and trees to be removed shall be identified on the 88B Instrument in accordance with Figure 1 of the revised Statement Of Effects (SKM, 10 September 2004) and lodged with Council prior to release of the Final Plan of Survey. All other areas shall be identified as “Vegetation Not to be Removed”.

The authority empowered to release, vary or modify the restriction shall be Maitland City Council.






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






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10 The payment of a monetary contribution in accordance with Council's policy adopted on the 1st September, 1995 for the Provision of Recreational Open Space, Recreational Facilities and Community Facilities for land within the Maitland Local Government Area as follows:- City Wide 1. Community Amenities & Services $2690 2. Recreation & Open Space $1046 3. Cycleway $246 4. Bushfire Services $146 5. Urban Roads $104 6. Administration $300 Sector $1172 TOTAL $5704 NOTE: The above rates are effective from 1st January 2004, and will be subject to inflation adjustment, calculated as at the date of payment. The method of adjustment shall be based on the Implicit Price Deflator (Total Public Gross Fixed Capital Expenditure) as published by the Australian Bureau of Census and Statistics. The above payment is to be made prior to release of the final plan of survey.

STANDARD PROVISIONS Reason: The objective of the following conditions is to draw to the attention of the applicant and

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

11 Prior to the commencement of construction, a Construction Certificate is

to be obtained for engineering plans describing the works required by this consent. Engineering plans shall comply with Council’s “Subdivision Design Guidelines.”

12 Dust emissions from the site are to be monitored at all times and dust suppression measures are to be implemented where and when required in accordance with Council’s document “Guidelines for Dust Suppression and Road Cleaning at Subdivision Construction Sites”.

13 All existing sealed Public Roads in close proximity to the site are to be monitored on a regular basis to ensure that they are kept free of dust or other material resulting from construction traffic entering or exiting the site, in accordance with Council’s document “Guidelines for Dust Suppression and Road Cleaning at Subdivision Construction Sites”.



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14 Where the proposed development involves the disturbance or destruction of any existing survey monuments, those monuments affected will need to be relocated by a Surveyor registered under the Surveyors Act. A plan showing the relocated marks will then be required to be lodged as a matter of public record at the Land Titles Office.

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

16 The House Numbering Fee (currently $10 per House Number) shall be paid prior to release of the Final Plan of Survey.

BUSHFIRE CONDITIONS Reason The objectives of the following conditions are to ensure adequate inbuilt and external fire

protection to safeguard occupants and reduce vulnerability to ignition from heat, radiation, flame or embers and protect the building from the effects of bushfires.

17 Any future development application lodged for this subdivision under

section 79BA of the EP & A Act will be subject to the requirements as set out in Planning for Bushfire Protection, 2001.

18 The proposed dwellings shall be sited such that the ‘Asset Protection Zone’ (APZ), required under Appendix 2 of Planning for Bushfire Protection 2001.

19 Access is to comply with Section 4.3 of Planning for Bushfire Protection 2001. This clause is to apply to the area within the development and may also include roads immediately abutting the development site.

20 Future prospective purchasers should be advised that the development is located within an area of recognised bushfire risk. It is recommended that relevant publications be obtained from NSW Rural Fire Service to minimise the bushfire risk to property. Further information is also available on their website www.rfs.nsw.gov.au.

INSTALLATION OF A SEWAGE MANAGEMENT SYSTEM Reason: The objectives of the following conditions are to ensure that a safe and healthy

environment is maintained at all times for both occupants of the premises and the local environment.

21 A separate application for the provision of on-site effluent disposal is

required to be lodged with Council in accordance with the requirements stated in Development Control Plan No. 18 – Oakhampton Heights.

http://www.rfs.nsw.gov.au/



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23 The preservation of all trees within the proposed subdivision which are not directly affected by road and drainage works. In this regard the removal, lopping or topping of any tree will be subject to the approval of the Council.



24 Conduits for domestic water service connections to the proposed lots

are to be provided by boring under the road, excavations/ trenching in the existing road surface will not be permitted. A layout showing the locations of the conduits is to be submitted as a matter of record.

25 Consultation with and compliance with the requirements of the Hunter Water Corporation. Documentary evidence from the Hunter Water Corporation shall be submitted to Council prior to the release of the Construction Certificate.


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10.3.4 DA04-1058 OPTUS MOBILE TELECOMMUNICATIONS FACILITY ON LOT 4 DP 715719 NO 1364 NEW ENGLAND HIGHWAY HARPERS HILL. RECOMMENDATION: APPROVAL

File No: DA04-1058 Attachments (8): Locality Plan

Construction Plans Photomontages Map of Adjoining Dwellings Coverage Plots EME Reports Submissions

Responsible Officer: Stephen Punch Manager Approvals & Regulatory Author: Tracy Sharp Town Planner Applicant: Connell Wagner Proposal: Optus Mobile Telecommunications Facility Location: Lot 4 DP 715719 No 1364 New England Highway

Hartpers Hill Zone: 1(b) Second Rural Land

EXECUTIVE SUMMARY At its meeting of 22 June 2004, Council considered a report relating to the establishment of a telecommunications tower by Optus to be located at Harpers Hill. The Council Resolution was as follows: - 1 Council defer the matter; 2 A site inspection take place with Optus and the residents of this site and other

sites be investigated that would be suitable for this tower. An on-site meeting was organised for Wednesday 28 July 2004 with Optus, Councillors, the objectors and Council staff. The outcome of the meeting was that additional information from the applicant would be required prior to a report being referred back to Council for determination. That information required was as follows: - 1. Review photo montages (improve accuracy) including examples from nearest

dwelling; 2. Provide revised map showing accurate location of surrounding dwellings;


04-1058 Optus Mobile Telecommunications Facility Lot 4 DP 715 719 No 1364 New England Highway Harpers Hill (Cont)

Page 50

3. Show consideration of alternate sites as suggested by objectors – Molly Morgan Hill and Hunter River Reserve, Greta;

4. Consider demand for tower in this location given proposed route of F3 freeway

which will run further to the south and connect with the New England Highway at Branxton;

5. Provide additional EME levels at a variety of altitudes above ground level

(noting that the EME’s provided are for 1.5m above ground level). The applicant submitted this additional information and it was forwarded to the objectors, who were given fourteen (14) days to make comment. Two (2) public submissions were received. (Refer Attachment 7)

OFFICER'S RECOMMENDATION THAT: 04-1058 for Optus Mobile Telecommunications Facility on Lot 4 DP 715719 No 1364 New England Highway Harpers Hill be approved, subject to the conditions of consent set out in the attached schedule.

PROCEEDINGS IN BRIEF A motion was moved by Clr Meskauskas that the application be refused on the grounds of the issue of the closeness of the tower to the dwelling and that there are other locations available to have this tower erected. The motion when put to the meeting was declared lost. A motion was then moved to adopt the Officer’s Recommendation and when put to the meeting was declared carried. (Clr Fairweather/Clr Humphery)

COUNCIL RESOLUTION THAT: 04-1058 for Optus Mobile Telecommunications Facility on Lot 4 DP 715719 No 1364 New England Highway Harpers Hill be approved, subject to the conditions of consent set out in the attached schedule.

Moved Clr Fairweather, Seconded Clr Humphery

CARRIED



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

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

with the Plan No S1417-G2 Revision B, 1 Sheet, Dated 8.01.04 (Stamped Amended in Red), Plan No S1417-G3 Revision B, 1 Sheet, Dated 12.01.04 (Stamped Amended in Red), Plan No S1417-G4 Revision B, 1 Sheet, Dated 13.01.04 (Stamped Amended in Red), Plan No S1417-C1 Revision B, 1 Sheet, Dated 28.7.04 (Stamped Amended in Red), Drawn by Connell Wagner Pty Ltd, as amended in red or where modified by any conditions of this consent.

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

3 No materials are to be stored outside the equipment shelter. 4 Warning lights shall be installed on top of the monopole and at 10m

intervals up the monopole from natural ground level. 5 ALL additional transmitters are to be subject to a development

application to be considered and determined by Maitland City Council. DESIGN Reason: The following condition(s) have been applied to ensure that:



6 The equipment shed and monopole are to painted “mist green”. TELECOMMUNICATIONS Reason: To ensure compliance with Commonwealth legislation 7 The applicant is require to monitor the electromagnetic emissions from

the proposed development and report the results to Council on an annual basis.



Page 52



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

performance requirements of the BCA for a Class 10 b structure and 10a building so as to achieve and maintain acceptable standards of structural sufficiency, safety (including fire safety), health and amenity for the ongoing benefit of the community. Compliance with the performance requirements can only be achieved by: a) complying with the deemed to satisfy provisions, or b) formulating an alternative solution which:

i) complies with the performance requirements, or ii) is shown to be at least equivalent to the deemed to satisfy

provision, or c) a combination of a) or b).

9 All building work must be carried out in accordance with the provisions

of the Building Code of Australia.

6 The building must comply with the Category 1 fire safety provisions applicable to the proposed new use.

7 The building shall be set out by a registered surveyor. A Survey Certificate shall be submitted indicating the location of the footprint of the building relative to the boundaries of the lot and where applicable other buildings.

8 All excavations and backfilling must be executed safely, in accordance with appropriate professional standards and be properly guarded and protected to prevent them from being dangerous to life or property.

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


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

so as not to cause a nuisance to adjoining properties.



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10 A sign must be erected in a prominent position on the work: (i) stating that unauthorised entry to work site is prohibited, and (ii) showing the name of the person in charge of the work site and a


Any such sign is to be removed when the work has been completed. This condition does not apply to: (i) building work carried out inside an existing building, or

(ii) building work carried out on premises that are to be occupied


11 Approved toilet facilities are to be provided, at or in the vicinity of the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. The provision of toilet facilities in accordance with this Clause must be completed before any other work is commenced.

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

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

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

13 The proposed facility and associated building are to be erected in strict

accordance with manufacturers plans and specifications and in the position indicated on the approved stamped plans.




authorities prior to the preparation of detailed drawings:



Page 54

(i) Energy Australia (ii) Telstra A Construction Certificate will not be issued until Council has received written confirmation from these authorities that their requirements have been met.



19 The access to the development’s internal access road is to be

constructed of a two-coat bitumen sealed gravel pavement (200mm minimum depth) between the property boundary and the existing bitumen sealed roadway, from the New England Highway, at the entrance to the property.

15 a) Access to the Optus is site is to be gained via the existing

crossover on the New England Highway that the RTA currently utilise. b) An all weather gravel access track is to be constructed from the

driveway to the RTA compound to the Optus tower site and such track is to be contained within the road reserve adjacent to the property boundary.





16 The site and its surrounding environs are to be protected from the

effects of sediment and erosion during construction/ installation works by the application of generally accepted sediment and erosion control principles. In this respect, a sediment and erosion control plan shall be submitted to Council for reference, and site controls shall be established in accordance with that plan.


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10.3.5 REZONING OF LOT1, D.P 18562 & LOT B, D.P 100440, BELMORE ROAD, LORN

File No: 04-967

Attachments: Locality Plan Proponents Submission

Responsible Officer: Stephen Punch, Manager Service Planning & Regulation

Author: Richard Forbes Senior Town Planner

EXECUTIVE SUMMARY The proposal relates to the rezoning from zone 1(a) Prime Rural to 2(a) Residential of two (2) lots located at the Northern end of Belmore Road, Lorn, as shown by the attached locality plan. The submission to rezone the property establishes that the land is not capable of being utilised for agricultural/horticultural purposes consistent with the 1(a)Prime Rural zoning and provides design details of the dwelling to erected should the rezoning be supported. The rezoning is justified on the basis that the subject land directly adjoins the existing 2(a) Residential zone in Lorn and is an integral part of the existing pattern of the urban settlement on Belmore Road. The land is not capable of being consolidated with adjoining prime rural property. It is unreasonable and unnecessary in this instance for the land to remain zoned as rural land. It is recommended that Council resolve to prepare and exhibit a draft amendment to the Maitland Local Environmental Plan (1993) under Section 54 of the Environmental Planning & Assessment Act, 1979 to amend the zoning of the land from 1(a) Prime Rural to 2(a) Residential.

OFFICERS RECOMMENDATION/COUNCIL RESOLUTION

THAT: 1. Council resolve to prepare a draft local environmental plan under

Section 54 (1) of the Environmental Planning & Assessment Act, 1979 to rezone the land comprising Lot 1, DP 18652 and Lot B, DP 100440 from 1(a) Prime Rural to 2(a) Residential;

2. The draft local environmental plan be placed on public exhibition pursuant to Section 66 for a period of twenty-eight (28) days;


Rezoning of Lot1, D.P 18562 & Lot 100, D.P 100440, Belmore Road, Lorn (Cont.)

Page 56

3. Should no objection be received by Council at the conclusion of the exhibition period and no issues arise which may preclude the adoption of the plan, that the matter be referred to the Department of Infrastructure, Planning & Natural resources seeking that the Minister make the plan.

Moved Clr Humphery, Seconded Clr Geoghegan

CARRIED


Page 57

10.3.6 AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN - GOVERNMENT ROAD WEST PRECINCT, THORNTON NORTH

File No: RZ04005, RZ04006, RZ04007

Attachments: Locality Plan Correspondence from NPWS Mine Buffer on Lot 1

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Monica Gibson Acting Manager, City Strategy

EXECUTIVE SUMMARY Council has received three (3) proposals to rezone land at Thornton North for residential development. All rezoning proposals are located within the Category 1 area, as nominated in the Settlement Strategy and are also identified for residential development in the Thornton North Master Plan. A preliminary assessment has been completed for these proposals and they are considered to be in accordance with Council’s policies and strategies. However, some planning matters require further consultation and negotiation with public authorities. These matters are detailed in this report and include new road infrastructure, areas of ecological significance, buffers to clay quarries, and service provision and sequencing. A resolution to prepare a Draft Local Environmental Plan (DLEP) under Section 54 of the Environmental Planning and Assessment Act (EPAA) generates a formal requirement for Council to consult with public authorities, and for public authorities to response to this consultation process. This consultation takes place through the provisions of Section 62 of the EPAA and must be completed prior to exhibition of the DLEP. This is the second report to Council for a group rezoning proposal at Thornton North. Both rezoning proposals will be subject to an umbrella DLEP that will address broader strategic matters such as major infrastructure provision and development sequencing. It is proposed that no site-specific rezonings be exhibited until the umbrella DLEP is exhibited. The preparation of a DLEP for the sites identified in this report does not pre-empt development staging at Thornton North, which will be determined by Council based on the objectives of the Settlement Strategy and infrastructure planning.

OFFICER'S RECOMMENDATION THAT:


AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN - GOVERNMENT ROAD WEST PRECINCT, THORNTON NORTH (Cont.)

Page 58

1. Pursuant to Section 54 of the Environmental Planning and Assessment Act 1979, Council resolve to prepare a draft Local Environmental Plan to rezone Lot 310 and 311 DP 835968, Lot 8881 DP 776757, Lot 20 DP 10419 and Lot 1 DP 851737, Raymond Terrace Road Thornton, as shown in Attachment 1.

2. Pursuant to Section 62 of the Environmental Planning and Assessment Act 1979, Council undertake consultation with relevant State Government agencies and other parties regarding the draft Local Environmental Plan.

3. A separate report be presented to Council prior to the exhibition of the draft Local Environmental Plan.

4. The Government Road West Precinct draft Local Environmental Plan not be exhibited before the Thornton North Comprehensive draft Local Environmental Plan is exhibited.


A motion was moved by Clr White to adopt the Officer’s Recommendation with the inclusion that the recommendation contained in the letter from the Department of Environment and Conservation be seriously considered in the preparation of the Draft Local Environmental Plan.


COUNCIL RESOLUTION

1. Pursuant to Section 54 of the Environmental Planning and Assessment Act 1979, Council resolve to prepare a draft Local Environmental Plan to rezone Lot 310 and 311 DP 835968, Lot 8881 DP 776757, Lot 20 DP 10419 and Lot 1 DP 851737, Raymond Terrace Road Thornton, as shown in Attachment 1.

2. Pursuant to Section 62 of the Environmental Planning and Assessment Act 1979, Council undertake consultation with relevant State Government agencies and other parties regarding the draft Local Environmental Plan.

3. A separate report be presented to Council prior to the exhibition of the draft Local Environmental Plan.

4. The Government Road West Precinct draft Local Environmental Plan not be exhibited before the Thornton North Comprehensive draft Local Environmental Plan is exhibited.


AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN - GOVERNMENT ROAD WEST PRECINCT, THORNTON NORTH (Cont.)

Page 59

5. The recommendation contained in the letter from the Department of Environment and Conservation be seriously considered in the preparation of the Draft Local Environmental Plan.

Moved Clr White, Seconded Clr Procter

CARRIED


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10.3.7 DEPARTMENT OF AGEING, DISABILITY & HOME CARE - AFFIXING OF COMMON SEAL

File No: 29/26

Responsible Officer: Judy Jaeger Manager Community & Recreation Services

Author: Kelly Kilmartin Administration & Facilities Officer

EXECUTIVE SUMMARY The Department of Ageing, Disability and Home Care funds the Maitland Meals on Wheels Project, which is housed in Council’s East Maitland Community Centre. The sum of $10,000 has been offered to Council for the upgrade of the East Maitland Community Centres Kitchen. The Department requires that two (2) copies of the Funding Variation Agreement be signed under common seal.


1. The grant of $10,000 from the Department of Ageing, Disability & Home Care be accepted for the upgrade of the East Maitland Community Centre Kitchen.

2. Authority be given to affix the Common Seal of Council to two (2) copies of the Funding Variation Agreement between Maitland City Council and the Department of Ageing, Disability and Home Care.


CARRIED


Page 61

10.3.8 REGIONAL HOCKEY FACILITY - GRANT APPLICATION

File No: 101/30


Author: Judy Jaeger Manager Community & Recreation

EXECUTIVE SUMMARY This report presents to Council further information and a methodology to progress a resolution regarding a Regional Sports Facilities Program grant submission for a synthetic hockey facility in the city.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT a further report be presented to Council at its 2 November Ordinary meeting addressing key issues of the application for a synthetic hockey facility.

Moved Clr Keating, Seconded Clr Procter

CARRIED


Page 62

10.3.9 ASBESTOS AWARENESS MEDIA CAMPAIGN

File No: 68/22



EXECUTIVE SUMMARY Newcastle City Council has allocated $10,000 towards an Asbestos Awareness Media Campaign and has extended an invitation to Maitland City Council to participate in the project. Newcastle Council is seeking both monetary contributions and assistance in the design and implementation of the campaign. The campaign will be developed throughout the remainder of 2004, and rolled out in early 2005, covering the whole of the Lower Hunter. The Program will specifically target homeowners and renovators, and the recognition of potential hazards of asbestos in homes. It is anticipated that a wide range of media outlets will be utilised through the campaign.


1. Council commit to participating in the development of a regional media campaign outlining the issues relating to the use of asbestos material.

2. Council commit $1000 to the project to assist in the funding of the media campaign.

3. The financial contribution be by way of a 2A vote adjustment to the 2004/05 Management Plan.

Moved Clr Geoghegan, Seconded Clr White

CARRIED


Page 63

10.3.10 BUSHFIRE MANAGEMENT PLANS

File No: 106/2



EXECUTIVE SUMMARY This report is presented as a consequence of actions taken by the NSW Rural Fire Service requiring Council to undertake hazard reduction works on Lot 317and Lot 49 New England Highway Thornton. Under the Rural Fires Act 1997, Council as a landholder has an obligation to take practicable steps to prevent the occurrence of bushfires on, and to minimise the danger of the spread of a bushfire to adjoining developed properties. In order to adequately address this matter of significant importance to all Council owned or managed bushland assets, it is considered that a holistic policy direction needs to be established. In this way all matters of consideration including risk and liability exposure, environmental balance and economic capability now and into the future will be dealt with. It is recommended that Council prepare a Citywide Bushfire Management Plan that covers all Council owned and/or managed bushland properties. The preparation of such a plan would also demonstrate Councils commitment to its duty of care as a property owner. The necessity to act on this matter now is also relevant. The direction of the NSW Rural Fire Service serves to put Council on notice that it must take all reasonable steps to minimise harm to adjoining properties in the event of a fire outbreak. Whilst it would be preferable to plan, for budgetary purposes, such activities within the Management Plan process, the importance of this matter is such that, a demonstration of clear action by Council is needed now.

OFFICER'S RECOMMENDATION THAT:

1. Council acknowledge its duty of care to the proper management of potential fire hazard bushland by committing to the development of a Citywide Bushfire Management Plan to address concerns of liability, public health and safety, responsible on going environmental management and costs of maintenance of Council owned bushland assets.

2. Council commit $30,000 towards the development of this plan.


Bushfire Management Plans (Cont.)

Page 64

3. The financial contribution be by way of a 2A vote adjustment to the 2004/05 Management Plan

4. A progress report be prepared and submitted to Council within 6 months.


A motion was moved by Clr Humphery that the Officer’s Recommendation be adopted with an amendment to include of the following:

That a further report be brought to Council in relation to the implications of this issue regarding Council’s future acceptance and acquisition of bushland for public purposes.


COUNCIL RESOLUTION

1. Council acknowledge its duty of care to the proper management of potential fire hazard bushland by committing to the development of a Citywide Bushfire Management Plan to address concerns of liability, public health and safety, responsible on going environmental management and costs of maintenance of Council owned bushland assets.

2. Council commit $30,000 towards the development of this plan.

3. The financial contribution be by way of a 2A vote adjustment to the 2004/05 Management Plan

4. A progress report be prepared and submitted to Council within 6 months.

5. That a further report be brought to Council in relation to the implications of this issue regarding Council’s future acceptance and acquisition of bushland for public purposes.

Moved Clr Way, Seconded Clr Geoghegan

CARRIED


Page 65

10.3.11 NEW GREENING PLAN PROJECT - TREES PROJECT

File No: 103/76/2


Author: Amanda Burns Community Support Officer - Landcare

EXECUTIVE SUMMARY The success of the Native Plant Distribution Program, implemented by the Environmental Programs Division of Council in 2002/2003, has resulted in the development of a new initiative for 2004/2005. It is proposed that this new scheme, the TREES (Trees for Rural Enterprise and Ecological Sustainability) Project, will involve the distribution of local native seedlings and fencing materials to rural landholders and will be implemented in partnership with the Hunter-Central Rivers Catchment Management Authority (HCRCMA).

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT

1. Council support the implementation of the TREES Project.

2. Council acknowledges that project implementation will be undertaken using the existing Greening Plan budget.

Moved Clr White, Seconded Clr Keating

CARRIED


Page 66

10.3.12 METFORD RAILWAY UNDERPASS ROAD CLOSURE AND DETOURS

File No: 140/5

Attachments: Detour Route

Responsible Officer: Brad Everett Group Manager, Service Planning and Regulation

Author: Grant Wood Infrastructure Planning Engineer

EXECUTIVE SUMMARY Council approved a road closure for construction of the Metford Rd rail underpass at its meeting of 27 July, 2004 for a period of approximately 5 weeks commencing in late October. Arenco, the lead contractor for the works has recently advised that the road works and subsequent road closure are planned to commence ahead of schedule on Saturday 9 October, 2004 for approximately 5 weeks. To safely manage the traffic at the intersection of Metford Rd and Raymond Terrace Rd, a detour will be required through Tenambit St, Sinclair St and Maize St, Tenambit for the duration of the works.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council note the proposed detour of traffic through Tenambit for the duration of the construction of the new road.

Moved Clr Procter, Seconded Clr Way

CARRIED


Page 67

11 NOTICE OF MOTION/RESCISSION

11.1 CHARITY BINS NOTICE OF MOTION SUBMITTED BY CLR DAVID POWER

File No: 10/1


Clr David Power has indicated his intention to move the following Notice of Motion at the next Ordinary of Council on 12 October 2004, as follows: That Council review the location and use of charity bins in our City by the following:

1. Formally advise charity bin providers of their rights and responsibilities under current Council policy.

2. Over the next three-month period, monitor the use of these bins with special attention paid to clearance rates and the amount of inappropriate material left at these bins.

3. In conjunction with this review, conduct a public awareness campaign as to what is appropriate to be left at these bin sites.

4. Provide Council with a report on the options for the continued use of these bins, and if any policy variation is required.

COUNCIL RESOLUTION THAT Council review the location and use of charity bins in our City by the following:

1. Formally advise charity bin providers of their rights and responsibilities under current Council policy.

2. Over the next three-month period, monitor the use of these bins with special attention paid to clearance rates and the amount of inappropriate material left at these bins.

3. In conjunction with this review, conduct a public awareness campaign as to what is appropriate to be left at these bin sites.

4. Provide Council with a report on the options for the continued use of these bins, and if any policy variation is required.

Moved Clr Power, Seconded Clr Meskauskas CARRIED


Page 68

12 QUESTIONS WITHOUT NOTICE

12.1 Clr White queried the progress of DCP 34 – Heritage Conservation and Design Guidelines. The Group Manager Service Planning & Regulation replied that it is progressing well and a briefing to Councillors will be held in February 2005.

12.2 Clr Procter asked whether all Councillors were aware of the train derailment at Thornton and queried whether this would have any bearing on upcoming applications for development. The Group Manager Service Planning & Regulation took this question on notice.

12.3 Clr Procter asked if there was a restriction on how long a registerd vehicle can be parked on a public road, loaded with rubbish. The Group Manager Service Planning & Regulation took this question on notice.

12.4 Clr Humphery asked whether there had been any further developments in relation to the third river crossing.

The Manager Assets & Infrastructure Planning stated that the Council

should have an answer from the RTA within the next month. 12.5 Clr Fairweather asked if Council was aware when Buildev were planning to

commence work at the Rutherford Shopping Centre site. The General Manager stated that a meeting was held with Buildev last

week and Buildev will be preparing a media release shortly. Buildev have not sold the site. Their focus has been on a number of other projects and at this point in time, construction will not commence until January in order to give the centre a clear trade over Christmas without interference from construction.

13 URGENT BUSINESS

Nil


Page 69

14 COMMITTEE OF THE WHOLE

14.1 PROPERTY ADVISORY GROUP

File No: 103/8


Author: Frank Shrimpton Property and Risk Management Coordinator

EXECUTIVE SUMMARY The purpose of this report is to inform Council of matters considered by the Property Advisory Group, a Committee of Council.

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

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

Moved Clr Way, Seconded Clr Garnham

CARRIED


Page 70

14.2 FORMER EAST MAITLAND GASWORKS

File No: 137/972

Responsible Officer: David Simm Manager Environmental Programmes

Author: Stuart Dayman Senior Environmental Health Officer

EXECUTIVE SUMMARY At the 14th September Council meeting a report on the progress of the East Maitland Gas Works project was provided. The report highlighted the progress to date along with a recommendation that legal advice be sought in relation to a letter from the Department Lands (attachment 1) in relation to access for remediation purposes of land vested in AGL. Council has now received legal advice (attachment 2). Additional legal advice has been provided on the Notice to remediate the land issued by the Environment Protection Authority (EPA).

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

(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege

Moved Clr Way, Seconded Clr Garnham

CARRIED


Page 71

15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE

15.1 PROPERTY ADVISORY GROUP

File No: 103/8


Author: Frank Shrimpton Property & Risk Management Coordinator

EXECUTIVE SUMMARY This report provides Council with the detail of several matters considered by the Property Advisory Group at a meeting of the Group held on 29 September 2004.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. The information in respect to item 1 below be received and noted.

2. Council resolve to call for Expressions of Interest for the sale of the land Lot 121 DP 1005317 Weblands Street Rutherford.



5. (1) Council resolve to investigate Lot 1490 DP 1005639 & Lot 14 DP 730416 off Weblands Street Aberglasslyn, in regard to potential economic value to Council. (2) Council resolve to use the Economic Development Reserves Fund to fund the investigation with a report back to Council on completion.

Moved Clr White, Seconded Clr Casey

CARRIED


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15.2 FORMER EAST MAITLAND GASWORKS

File No: 137/972

Attachments: Correspondence from Department of Lands Correspondence from Thompson Norrie Site Layout Environmental Protection Authority Notice

Responsible Officer: David Simm Manager Environmental Programmes

Author: Stuart Dayman Senior Environmental Health Officer

EXECUTIVE SUMMARY At the 14th September Council meeting a report on the progress of the East Maitland Gas Works project was provided. The report highlighted the progress to date along with a recommendation that legal advice be sought in relation to a letter from the Department Lands (attachment 1) in relation to access for remediation purposes of land vested in AGL. Council has now received legal advice (attachment 2). Additional legal advice has been provided on the Notice to remediate the land issued by the Environment Protection Authority (EPA).

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. Council seek from both the Department of Lands and the EPA definitive direction in regard to land ownership and the validity of the notice.

2. Council make representation to AGL requesting financial contributions to remediate the site.

Moved Clr White, Seconded Clr Casey

CARRIED


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16 CLOSURE

The meeting was declared closed at 7.16pm ................................ ................................ General Manager Chairperson

maitland city council ordinary meeting minutes

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