ordinary meeting minutes 8 march 2016

Maitland City Council I Ordinary Meeting Minutes

ORDINARY MEETING

MINUTES

8 MARCH 2016

8 MARCH 2016

Maitland City Council | Ordinary Meeting Minutes Pii

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

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

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

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

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

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

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

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

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE

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

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

10 GENERAL MANAGER'S REPORTS ........................................... 4

10.1 TOWARDS NEW LOCAL GOVERNMENT LEGISLATION -

PROPOSED PHASE 1 AMENDMENTS TO THE NSW LOCAL

GOVERNMENT ACT 1993 ............................................................... 4

10.2 MAITLAND DUNGOG MERGER PROPOSAL .................................. 6

11 PLANNING, ENVIRONMENT AND LIFESTYLE REPORTS ....... 8

11.1 DA 15-2167 DEMOLITION OF THREE (3) BUILDINGS &

CONSTRUCTION OF A NEW BUILDING/STRUCTURE - RIVER

LINK BUILDING - LOTS 8, 9 & 10 DP 1044531, NOS. 396 -

400 HIGH STREET MAITLAND RECOMMENDATION:

APPROVAL ..................................................................................... 8

11.2 DA 15-1936 - MULTI-DWELLING HOUSING - 5 X 3

BEDROOM SINGLE STOREY DETACHED DWELLINGS - LOT

1 DP 516057, 20 EURIMBLA STREET THORNTON

RECOMMENDATION: APPROVAL ............................................... 17

11.3 DA 91-117 SECTION 96(2) MODIFICATION FOR MOUNT

VINCENT WASTE MANAGEMENT CENTRE - LOT 220

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Maitland City Council | Ordinary Meeting Minutes Piii

DP755237 MT VINCENT ROAD, EAST MAITLAND

RECOMMENDATION: APPROVAL ............................................... 29

11.4 DA 14-486 - SECTION 96(1) TO AMEND REAR FENCE

DETAILS - LOT 1 DP319748 & LOT 1 DP168111, 307 HIGH

STREET, MAITLAND RECOMMENDATION: APPROVAL .............. 31

11.5 DA 14-2276 SECTION 96 MODIFICATION TO AMEND

SUBDIVSION LAYOUT, STAGING AND DRAINAGE - LOTS

102 & 103 DP 1208978 & LOT 13 DP 1208290, NO. 281

MORPETH ROAD RAWORTH RECOMMENDATION:

APPROVAL ................................................................................... 41

11.6 PLANNING PROPOSAL TO REZONE LAND AT 30 SWAN

STREET, MORPETH FROM RU1 PRIMARY PRODUCTION TO

R1 GENERAL RESIDENTIAL AND E2 ENVIRONMENTAL

CONSERVATION APPLICANT - PULVER COOPER AND

BLACKLEY .................................................................................... 45

12 INFRASTRUCTURE AND WORKS REPORTS .......................... 48

12.1 STEAMFEST 2016 - TEMPORARY ROAD CLOSURES .................... 48

13 ADMINISTRATION AND GOVERNANCE REPORTS .............. 50

NIL

14 STRATEGY AND PERFORMANCE REPORTS .......................... 50

NIL

15 MAJOR PROJECTS REPORTS .................................................. 50

NIL

16 HUMAN RESOURCES REPORTS ............................................ 50

NIL

17 ITEMS FOR INFORMATION ................................................... 51

17.1 LOCAL TRAFFIC COMMITTEE MEETING NOVEMBER 2015 &

DECEMBER 2015 MINUTES .......................................................... 51

17.2 AGL ENERGY LIMITED (AGL) GLOUCESTER TO TOMAGO

GAS PIPELINE PROJECT ............................................................... 52

18 NOTICES OF MOTION/RESCISSION ..................................... 53

18.1 MAITLAND PARK PUBLIC TOILETS ............................................. 53

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19 QUESTIONS WITH NOTICE ................................................... 54

20 URGENT BUSINESS ............................................................... 54

21 COMMITTEE OF THE WHOLE ................................................ 54

22 COMMITTEE OF THE WHOLE RECOMMENDATIONS ........... 54

23 CLOSURE ................................................................................ 54

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Maitland City Council | Ordinary Meeting Minutes P1

PRESENT Clr Loretta Baker

Clr Peter Blackmore

Clr Brian Burke

Clr Peter Garnham

Clr Bob Geoghegan

Clr Arch Humphery

Clr Henry Meskauskas

Clr Nicole Penfold

Clr Philip Penfold

Clr Steve Procter

Clr Ken Wethered

Clr Ben Whiting

1 INVOCATION

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

commencement of the meeting.

2 ACKNOWLEDGEMENT OF COUNTRY

Clr B Whiting read the Acknowledgement of Country

3 APOLOGIES AND LEAVE OF ABSENCE

3.1 Applications for leave of absence:

Clr R Aitchison was granted leave from this meeting at 23 February 2016 meeting.

Clr A Humphery for the meeting scheduled for 22 March 2016.

COUNCIL RESOLUTION

THAT the leave of absence for Clr A Humphery be granted.

Moved Clr P Garnham, Seconded Clr B Whiting

CARRIED

4 DECLARATIONS OF INTEREST

Nil

5 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

8 MARCH 2016


COUNCIL RESOLUTION

THAT the minutes of the Ordinary Meeting held 23 February 2016 be confirmed.

Moved Clr A Humphery, Seconded Clr K Wethered

CARRIED

6 BUSINESS ARISING FROM MINUTES

Nil

7 MAYORAL MINUTE

Nil

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS

OF BUSINESS

Withdrawal of Item 11.3 DA 91-117 Section 96(2) Modification for Mount Vincent

Waste Management Centre - Lot 220 DP755237 Mt Vincent Road, East Maitland

as Council Officers need to confirm matters associated with traffic access into the

site.

Acceptance of Late Item 10.2 Maitland Dungog Merger Proposal

COUNCIL RESOLUTION

THAT Council accept the Withdrawal of Item 11.3 and accept the Late Item

10.2.

Moved Clr S Procter, Seconded Clr P Garnham

9 PUBLIC ACCESS

Diana Levoi representing herself, Mrs parish, Kelso & Davey families spoke

against Item 11.2 - DA 15-1936 - Multi-Dwelling Housing - 5 X 3 Bedroom Single

Storey Detached Dwellings - Lot 1 DP 516057, 20 Eurimbla Street Thornton

Allen Reece representing himself spoke against Item 11.6 - Planning Proposal

to rezone land at 30 Swan Street, Morpeth from RU1 Primary Production to R1

General Residential and E2 Environmental Conservation

COUNCIL RESOLUTION

8 MARCH 2016


THAT an extension of one (1) minutes be granted to Allen Reece.

Moved Clr P Penfold, Seconded Clr L Baker CARRIED

Brad Lantry representing himself spoke for Item 11.6 - Planning Proposal to

rezone land at 30 Swan Street, Morpeth from RU1 Primary Production to R1

General Residential and E2 Environmental Conservation

8 MARCH 2016


10 GENERAL MANAGER'S REPORTS

10.1 TOWARDS NEW LOCAL GOVERNMENT LEGISLATION - PROPOSED

PHASE 1 AMENDMENTS TO THE NSW LOCAL GOVERNMENT ACT 1993

FILE NO: 35/80

ATTACHMENTS: 1. Towards New Local Government Legislation -

Explanatory Paper: proposed Phase 1

amendments

RESPONSIBLE OFFICER: David Evans - General Manager

AUTHOR: David Evans - General Manager

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

City

COUNCIL OBJECTIVE: 19.1.1 To ensure the principles of sustainability

underpin Council’s financial, economic, social and

environmental decision-making

EXECUTIVE SUMMARY

This report presents an overview of the NSW Government’s proposed ‘Phase 1’

amendments to the NSW Local Government Act 1993. The proposed amendments are the

first step towards a revised local government legislation for NSW, and are part of the State

Government’s wider local government reform agenda ‘Fit for the Future’. The proposed

amendments have been released for community comment and feedback, with public

submissions closing on 15 March 2016. This report provides the basis for a submission by

Council.

The information provided in this report is taken from the State Government’s ‘Fit for the

Future’ website and the publication by the NSW Office of Local Government ‘Towards New

Local Government Legislation Explanatory Paper: proposed Phase 1 amendments’.

OFFICER’S RECOMMENDATION

THAT

1. Council express its support for the current and ongoing review and

amendment of the NSW Local Government Act 1993; and

2. Council forward a submission in relation to the proposed ‘Phase 1’

amendments to the Act, in the terms outlined in this report.

COUNCIL RESOLUTION

THAT

8 MARCH 2016


1. Council express its support for the current and ongoing review and

amendment of the NSW Local Government Act 1993; and

2. Council forward a submission in relation to the proposed ‘Phase 1’

amendments to the Act, in the terms outlined in this report.

Moved Clr B Geoghegan, Seconded Clr B Whiting

CARRIED

8 MARCH 2016


10.2 MAITLAND DUNGOG MERGER PROPOSAL

FILE NO: 35/80

ATTACHMENTS: 1. Letters from the Hon. Paul Toole MP

2. Email from Dr Ian Tiley, Delegate

3. Extract Local Government Act, Section 263

4. Revised Merger Business Case - Maitland &

Dungog Councils

RESPONSIBLE OFFICER: David Evans - General Manager

AUTHOR: David Evans - General Manager

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

City

COUNCIL OBJECTIVE: 19.1.1 To ensure the principles of sustainability

underpin Council’s financial, economic, social and

environmental decision-making

EXECUTIVE SUMMARY

Council has been formally advised that the Minister for Local Government, the Hon. Paul

Toole MP, has made a proposal to amalgamate the existing areas of Dungog and Maitland

into one new area. The proposal arises consequent to a decision by Gloucester Shire

Council to propose an amalgamation of Gloucester, Great Lakes and Taree councils, and

has been referred by the Minister to the Acting Chief Executive of the NSW Office of Local

Government for examination in accordance with the NSW Local Government Act.

This report provides formal notice to Council of the proposal, and presents the revised

merger business case for Maitland and Dungog councils prepared by Morrison Low, dated

November 2015, for the information of Council and the wider community.

The revised merger business case is presented to facilitate informed discussion of the now

formally proposed merger.


THAT

1. Council conduct a councillor briefing and workshop on Tuesday, 15 March

2016 to consider:

i) The context of the referral of the Maitland/Dungog merger proposal for

examination;

ii) All aspects of the merger proposal; and

iii) The principles to underpin Council’s submission to the merger inquiry;

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2. The Maitland/Dungog merger business case documentation be placed on

Council’s website and promoted via Council’s various media platforms to

facilitate informed consideration of the merger proposal by the wider

community;

3. Members of the community wishing to make submissions on the merger

proposal be directed to the NSW Government website

www.councilboundaryreview.nsw.gov.au; and

4. Further information on the timeline for the inquiry be provided to Council

and the community when available.

Note: This Late Item was accepted as per Item 8

COUNCIL RESOLUTION

THAT

1. Council conduct a councillor briefing and workshop on Tuesday, 15 March

2016 to consider:

i) The context of the referral of the Maitland/Dungog merger proposal for

examination;

ii) All aspects of the merger proposal; and

iii) The principles to underpin Council’s submission to the merger inquiry;

2. The Maitland/Dungog merger business case documentation be placed on

Council’s website and promoted via Council’s various media platforms to

facilitate informed consideration of the merger proposal by the wider

community;

3. Members of the community wishing to make submissions on the merger

proposal be directed to the NSW Government website

www.councilboundaryreview.nsw.gov.au; and

4. Further information on the timeline for the inquiry be provided to Council

and the community when available.

Moved Clr S Procter, Seconded Clr B Whiting

CARRIED

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

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

8 MARCH 2016


11 PLANNING, ENVIRONMENT AND LIFESTYLE REPORTS

11.1 DA 15-2167 DEMOLITION OF THREE (3) BUILDINGS & CONSTRUCTION

OF A NEW BUILDING/STRUCTURE - RIVER LINK BUILDING - LOTS 8, 9 &

10 DP 1044531, NOS. 396 - 400 HIGH STREET MAITLAND

RECOMMENDATION: APPROVAL

FILE NO: DA 15-2167

ATTACHMENTS: 1. Locality Plan

2. Development Plans

RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,

Environment & Lifestyle

David Simm - Manager Development & Environment

Leanne Harris - Development Assessment Coordinator

AUTHOR: Anne Moore - Contract Planner

APPLICANT: Maitland City Council

OWNER: No. 396 High Street – Maitland City Council

No. 398 High Street – Impaler Pty Ltd

No. 400 High Street – Babylon Trust

PROPOSAL: Demolition of three (3) buildings and construction of a

new building/structure – River Link Building

LOCATION: Nos. 396 – 400 High Street Maitland

ZONE: B4 Mixed Use

EXECUTIVE SUMMARY

The purpose of this report is to provide Council with an assessment of the demolition of

existing buildings on site and erection of a new building commonly referred to as the River

Link Building to enable determination of the development application. Development

consent is being sought for demolition of three (3) existing buildings on site and

construction of a new building comprising a café/wine bar and public amenities whilst

providing a covered walkway from High Street to the River Walkway. The subject site is

currently occupied by three (3) commercial buildings that are used for a variety of retail or

commercial purposes, including an office for the levee project.

The application was notified and advertised from 8 October 2015 to 22 October 2015 and

no submissions were received.

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

Environmental Planning and Assessment Act 1979 and is considered satisfactory.

Accordingly, it is recommended the application be approved.

8 MARCH 2016



THAT

1. THAT Development Application No. 15 - 2167 being for demolition of three (3)

buildings and erection of a new building/ structure at Lots 8, 9 & 10 DP

1044531 Nos. 396 – 400 High Street Maitland be approved subject to the

conditions set out in the attached schedule.

COUNCIL RESOLUTION

THAT

1. THAT Development Application No. 15 - 2167 being for demolition of three (3)

buildings and erection of a new building/ structure at Lots 8, 9 & 10 DP

1044531 Nos. 396 – 400 High Street Maitland be approved subject to the

conditions set out in the attached schedule.

Moved Clr P Penfold, Seconded Clr B Burke

CARRIED

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

for a division.

The division resulted in 12 for and 0 against, as follows:

For: Clr L Baker Against:

Clr P Blackmore

Clr B Burke

Clr P Garnham

Clr B Geoghegan

Clr A Humphery

Clr H Meskauskas

Clr N Penfold

Clr P Penfold

Clr S Procter

Clr K Wethered

Clr B Whiting

8 MARCH 2016


SCHEDULE OF CONDITIONS

Reason for Condition(s)

The following condition(s) have been applied to the development, subject of this consent,

to ensure that the development meets the requirements of the NSW Environmental

Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment

Regulation 2000, and the various policies and development controls of Maitland City

Council and other government agencies relevant to the development being undertaken.

APPROVED PLANS AND DOCUMENTATION

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

and documentation as detailed in the following schedule and any amendments arising

through conditions to this consent or as shown in red colour on the plans:

Plan Ref No. Sheet

No.

Revn

No.

Revision

Date

Prepared by:

(consultant)

DA003 Issue C 06.08.15 CHROFI

DA100 Issue G 15.12.15 CHROFI





DA202 Issue G 15.12.15 CHROFI

DA203 Issue F 27.11.15 CHROFI


DA 401 Issue C 06.08.15 CHROFI

CERTIFICATES

2. The applicant shall submit to Council a “Notice of Commencement” form at least two

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

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

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

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

shall be complied with.

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

Principal Certifying Authority.

8 MARCH 2016


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

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

Accredited Certifier.

LANDSCAPING

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

approved landscape plan. The landscaped areas shall be kept free of parked vehicles,

stored goods, waste material, and the like.

STORMWATER DRAINAGE

8. Prior to issue of the Construction Certificate, the construction details in accordance

with Council’s Manual of Engineering Standards shall be provided for the following

stormwater requirements:

a) an emergency overland flow path for major storm events, that is directed to the

public drainage system, and

b) conveyance, where necessary, of stormwater through the site from upstream

catchments, (including roads and adjoining properties).

9. Prior to Occupation or Operation of the development, a Stormwater System

Maintenance Procedure Plan shall be prepared by an engineer, detailing a regular

maintenance programme for pollution control devices, covering inspection, cleaning

and waste disposal, a copy of which shall be supplied to the owner/operator and to

Maitland City Council for supply of future owners as needed.

10. Prior to issue of the Occupation Certificate, the stormwater-control system shall be

constructed in accordance with the approved stormwater drainage plan. A qualified

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

system including detention volume and discharge rates achieve the consent

requirements for detention.

EROSION CONTROLS

11. The property shall be protected against soil erosion, such that sediment is not carried

from the construction site by the action of stormwater, wind or “vehicle tracking”.

BUILDING CONSTRUCTION

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

Code of Australia.

8 MARCH 2016


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

professional standards and shall be properly guarded and protected to prevent the

works from being dangerous to life or property.

14. Unless otherwise approved by Council in writing, all general building work shall be

carried out between the hours of:

a. 7.00am to 6.00pm Monday to Friday

b. 7.00am to 5.00pm Saturday

Any work performed on Sunday’s or Public Holidays that may cause offensive noise,

as defined under the Protection of the Environment Operations Act, is prohibited.

Minor works (such as hand sanding, painting, digging and the like) is permitted

between the hours of 9.00am to 5.00pm. Power operated tools are not permitted

to be used.

SERVICES & EQUIPMENT

15. Upon completion of the building BUT prior to its occupation, a Final Fire Safety

Certificate with respect to each critical and essential fire safety measure installed in

the building shall be submitted to Council. Such certificates shall be prepared in

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

Regulation, 2000.

16. A copy of the Fire Safety Schedule and Fire Safety Certificate shall be prominently

displayed in the building in accordance with Division 4 of Part 9 of the Environmental

Planning and Assessment Regulation 2000.

17. A Fire Safety Statement in respect of each required essential and/or critical fire safety

measure installed within the building shall be submitted to Council and the NSW Fire

Commissioner annually (or at a more frequent interval for supplementary

statements).

Statements shall be prepared and issued in accordance with Division 5 of Part 9 of

the Environmental Planning and Assessment Regulation, 2000. Note that monetary

penalties may apply for failure to lodge a fire safety statement within the

prescribed timeframe.

Statements to the NSW Fire Commissioner are to be submitted electronically to

[email protected].

Standard forms and further information for lodging Fire Safety Statements may be

downloaded from Councils website.

HERITAGE

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

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

stop immediately and Maitland City Council and the Heritage Council of NSW should

be informed in accordance with Section 146 of the Heritage Act 1977 and also the

mailto:[email protected]

8 MARCH 2016


(NPWS) is to be informed in accordance with Section 91 of the National Parks and

Wildlife Act, 1974.

MATERIALS

19. Prior to issue of a Construction Certificate, a palate of materials and finishes to be

used in association with this proposed Riverlink building and structure is to be

submitted to and approved by Council and being compatible with surrounding

buildings within this Heritage Conservation Area.

20. Mortar application shall be flush, not raked.

SITE CONSIDERATIONS

21. All excavated and/or filled areas are to be retained or battered and suitably drained

so as to prevent any subsidence of the area and constructed so as to deny any flow of

water into or around the building or neighbouring buildings or onto neighbouring

land.

Where a retaining wall is planned for this purpose and such wall requires consent

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

Codes, 2008) plans and specifications of the wall shall be approved by Council

and/or an accredited certifier.

Note: The submission of a separate Development Application is not required for a

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

22. 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).

23. 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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24. 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.

25. A sign must be erected in a prominent position on the work:

i) stating that unauthorised entry to work site is prohibited, and

ii) showing the name of the person in charge of the work site and a telephone

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

Any such sign is to be removed when the work has been completed.

Note: This condition does not apply to:

i) building work carried out inside an existing building, or

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

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

26. 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.

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

of the building/structure.

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

Council's footpath.

29. Suitable and adequate measures are to be applied to restrict public access to the site

and building works, materials and equipment.

STANDARDS FOR CONSTRUCTION, FACILITIES & EQUIPMENT

30. The premises, including the construction and installation of equipment, fixtures and

fittings must comply with the requirements of the Food act 2003, Food Regulation

2004, Food Standards Code and Australian Standard 4674 for the Design,

Construction and Fit out of Food Premises.

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If Council is nominated as the principal Certifying Authority, details of compliance are

to be included in the plans and specifications for the construction certificate.

Where Council is not nominated as the Principal Certifying Authority a Certificate

from an appropriately qualified person confirming compliance with the above

legislation and guidelines is to be provided before the issue of the Occupation

Certificate.

COMPLIANCE

31. Approval is given under Section 256(1) (b) of the Water Management Act 2000 to the

proposed Riverlink building. Works associated with this development shall be

undertaken in accordance with the conditions issued by the Office of Environment

and Heritage (OEH) by correspondence dated 2 March 2016.

8 MARCH 2016


ADVICES

The following advice is limited in scope and should not be understood to encompass all areas of

responsibility of the consent holder, relating to the development.

A You are advised that where underground works within the road reserve are required

for necessary for supply of services (such as water, sewer, electricity, gas), further

consent for a “Road Opening” must be obtained from Council.

Refer to Council’s form: “Application for Registration to Open Roads/Footpaths”.

B You are advised that in regard to potential soil erosion from the construction site,

such pollution of the environment is an offence under the Protection of the

Environment & Operations (POEO) Act and may incur infringement fines.

C You (or the owner) are advised to notify Council in writing, of any existing damage to

the street infrastructure (including landscaping) along the frontage of the property,

prior to commencement of construction. The absence of such notification signifies

that no damage exists. Where necessary repairs are carried out by Council, the

owner of the property shall be held liable for the cost of those repairs.

D You are advised that the issue of this development consent does not amount to a

release, variation or modification by Council of any covenant or easement applicable

to this property and that Council will not be held responsible when action on this

consent results in any loss or damage by way of breach of matters relating to title of

the property.

E You are advised that compliance with the requirements of the Disability

Discrimination Act, (DDA) applies to works on this site. It should be noted that

compliance with the Building Code of Australia does not necessarily meet the

requirements of the DDA.

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

Development Application to Council.

8 MARCH 2016


11.2 DA 15-1936 - MULTI-DWELLING HOUSING - 5 X 3 BEDROOM SINGLE

STOREY DETACHED DWELLINGS - LOT 1 DP 516057, 20 EURIMBLA

STREET THORNTON


FILE NO: DA 15-1936



3. Objections





AUTHOR: Amanda Wells - Town Planner

APPLICANT: Impala Properties (NSW) P/L

OWNER: Impala Properties (NSW) P/L

PROPOSAL: Multi-Dwelling Housing – 5 x 3 Bedroom Single Storey

Detached Dwellings

LOCATION: Lot 1 DP 516057, 20 Eurimbla Street, Thornton

ZONE: R1 General Residential

EXECUTIVE SUMMARY

Development consent is sought from Council for the construction of five (5), three (3)

bedroom detached medium density dwellings on land identified as Lot 1, DP 516057,

No.20 Eurimbla Street, Thornton. The existing dwelling on site is to be retained.

The subject land is zoned R1 Residential under the Maitland Local Environmental Plan

2011 (LEP). ‘Multi dwelling housing’ is a permissible form of development in the R1

Residential zone with Council consent. The proposal is consistent with the objectives of the

zone as it will provide a variety of housing types and densities in order to provide for the

housing needs of the community.

The site is approximately 2352m2 in area and currently contains one (1) existing dwelling

which is to remain, as well as a garage and carport, which are to be demolished. The

subject land is of regular rectangular configuration with a frontage to Eurimbla Street,

Thornton of around 20 metres and a depth of approximately 190 metres. Surrounding

development is predominantly residential.

The application was originally notified for a period of 14 days from 03 September 2015 to

17 September 2015 during which time three (3) objections were received. Following receipt

of additional information and amended plans, the application was re-notified for a period

of 7 days from 20 January 2016 to 27 January 2016. This period was then extended by an

8 MARCH 2016


additional 6 days until 3 February 2016. During this time a fourth objection was received.

It is noted that the fourth objection received was a second objection from an objector to

the initial notification period.

The key matters of concern to the objectors are:

Loss of privacy;

Over-development of the site;

Traffic concerns;

Stormwater concerns;

Fencing;

Roof and fencing colours;

Landscaping;

Radiant heat;

Driveway widths; and

Plant schedule.

These matters are addressed in the main body of the report and are not considered to

represent sufficient grounds for refusal of the application.

An assessment of the proposal has been undertaken against Section 79C of the

Environmental Planning and Assessment Act 1979 (NSW) and is considered to be

appropriate for the following reasons:

The proposal is permitted with consent within the R1 General Residential zone and is

consistent with the relevant objectives of the zone; and

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

Development Control Plan 2011 (MDCP 2011), specifically Part C – Design Guidelines,

C.8 ‘Residential Design’ and C.11 ‘Vehicular Access and Car Parking’ and assessed

against the relevant heads of consideration pursuant to Section 79C of the

Environmental Planning & Assessment Act 1979 (NSW) and is considered

appropriate.

Accordingly, it is recommended that the application for Multi-Dwelling – 5 x 3 Bedroom

Detached Dwellings be approved by Council subject to conditions.


THAT DA15-1936, for Multi-Dwelling Housing – 5 x 3 Bedroom Detached Dwellings at

Lot 1 DP 516057, 20 Eurimbla Street, Thornton, be approved subject to conditions of

consent set out in the attached schedule

COUNCIL RESOLUTION

THAT DA15-1936, for Multi-Dwelling Housing – 5 x 3 Bedroom Detached Dwellings at

Lot 1 DP 516057, 20 Eurimbla Street, Thornton, be approved subject to conditions of

consent set out in the attached schedule

8 MARCH 2016


Moved Clr P Penfold, Seconded Clr B Geoghegan

CARRIED


for a division.


For: Clr P Blackmore Against: Clr L Baker

Clr B Burke Clr P Garnham

Clr B Geoghegan

Clr A Humphery

Clr H Meskauskas

Clr N Penfold

Clr P Penfold

Clr S Procter

Clr K Wethered

Clr B Whiting

8 MARCH 2016



Reason for Condition(s)

The following condition(s) have been applied to the development, subject of this consent,

to ensure that the development meets the requirements of the NSW Environmental

Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment

Regulation 2000, and the various policies and development controls of Maitland City

Council and other government agencies relevant to the development being undertaken.


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

approved plans and documentation as detailed in the following schedule and

any amendments arising through conditions to this consent or as shown in

red colour on the plans.

Job No. Sheet

No.

Revn

No.

Revision

Date

Prepared by:

(consultant)

030/15

3-9, 13-15, 19-21,

25-27,

31-33, 37-39

I 18.02.2016 Urban Living Solutions

32200 DW C

Driveway

Construction Plan 1-2 C 19/02/16 Daly Smith Pty Ltd

2. Prior to the issue of the Construction Certificate DA15-497 must be

surrendered to Council in accordance with Section 80A (1)(b) of the

Environmental Planning and Assessment Act 1979 (NSW). The surrender must be

in accordance with clause 97 of the Environmental Planning and Assessment

Regulation 2000 (NSW).

CONTRIBUTIONS & FEES

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

1979, and the Maitland S94 Contributions Plan (City Wide) 2006, a contribution

of $69,685 shall be paid to the Council.

The contribution is calculated from Council's adopted Section 94

Contributions Plan in the following manner:

3 bedroom Total

2006(A) Citywide Rec & Open Space 5 x $5,390 $26,950

2006(A) Citywide Road & Traffic Facilities 5 x $5,007 $25,035

2006(A) Citywide Cultural Facilities 5 x $967 $4,835

2006(A) Citywide Community Facilities 5 x $2,147 $10,735

8 MARCH 2016


2006(A) Citywide Cycleways/Shared Paths 5 x $221 $1,105

2006(A) Citywide Management/Admin 5 x $205 $1,025

_____

$69,685

The above contributions rates are indexed, at least annually, with reviewed rates to apply

from 1st February each year in accordance with the provisions ofthe Maitland Section 94

Contributions Plan (Citywide) 2006. Please refer to Council's web page for the current rates

applicable.

Payment of the above amount shall apply to Development Applications as follows:

- Subdivision only - prior to issue of the Subdivision Certificate.

- Building work only - prior to issue of the Construction Certificate.

- Subdivision and building work - prior to the issue of the Construction Certificate, or

Subdivision Certificate, whichever occurs first.

- Where no construction certificate is required - prior to issue of an Occupation

Certificate.

- For extractive industries - annually from the date of issue of development consent.

The above "contribution" condition has been applied to ensure that:

i) Where the proposed development results in an increased demand for public amenities

and services, payment towards the cost of providing these facilities/services is made in

accordance with Council's adopted contributions plan prepared in accordance with the

provisions of section 94 of the Environmental Planning and Assessment Act, 1979.

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

application.

CERTIFICATES

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

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

5. Prior to issue of the Construction Certificate, a Compliance Certificate

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

submitted to the Accredited Certifier.

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

development consent shall be complied with.

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

issued by the Principal Certifying Authority.

8. The applicant shall submit to Council, “Notice of Appointment of the Principal

Certifying Authority” at least two (2) days prior to the commencement of

construction works.

8 MARCH 2016


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

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

10. (1) Building work that involves residential building works (within the

meaning of the Home Building Act, 1989) must not be carried out

unless the principal certifying authority for the development to which

the work relates:

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

(i) has been informed in writing of the licensee’s name and

contractor licence number, and

(ii) is satisfied that the licence has complied with the

requirements of Part 6 of that Act, or

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

(i) has been informed in writing of the person’s name and

owner-builder permit, or

(ii) has been given a declaration, signed by the owner of the

land, that states that the reasonable market cost of the

labour and materials involved in the work is less than the

amount prescribed for the purposes of the definition of

owner-builder work in Section 29 of that Act, and is given

appropriate information and declarations under

paragraphs (a) and (b) whenever arrangements for the

doing of the work are changed in such a manner as to

render out of date any information or declaration

previously given under either of those paragraphs.

(2) A certificate purporting to be issued by an approved insurer under

Part 6 of the Home Building Act, 1989, that states that a person is the

holder of an insurance policy issued for the purposes of this clause, is

sufficient evidence that the person has complied with the

requirements of that part.

DEMOLITION

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

Standard AS 2601-2001.

12. In the event of an undisclosed or unidentified contamination being found on-

site or any potentially contaminating infrastructure (e.g. underground storage

tanks) or soils (e.g. staining, odours, asbestos) being identified during works, a

qualified and experienced consultant must inspect, review and advise on

remediation or mitigation prior to further construction proceeding. Council

must be notified if this occurs and must be provided with any resulting

reports and recommendations.

8 MARCH 2016


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

products containing asbestos, then the materials encountered shall be

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

14. Demolition material shall be recycled as far as is practicable and any

demolition waste disposed of only at an authorised landfill facility.

LANDSCAPING

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

with the approved landscape plan. The landscaped areas shall be kept free of

parked vehicles, stored goods, garbage or waste material and the like.

16. 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 5.9AA of the Maitland Local Environmental

Plan 2011.

17. An arborist is to supervise construction of the driveway, retaining wall and

fence along the eastern boundary to the site to ensure that damage to exiting

trees is minimized.

FENCING

18. 1.8 metre high colorbond fencing is to be provided to adjoining properties

and between the proposed dwellings.

CARPARKING

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

approved plans, with a minimum allocation for the development of 2 spaces

per dwelling plus an additional 2 visitor spaces.

20. All driveways, parking areas and vehicles turning areas shall be constructed

with a segmental paver surface (on a concrete sub-base), or as reinforced

concrete.

21. All parking bays shall be delineated. “Visitor parking” spaces shall be

signposted.

VEHICLE ACCESS

8 MARCH 2016


22. Prior to commencement of construction of the driveway crossing on the

public footway verge, the works shall have been approved by Council. An

application form, “Application To Construct Private Works On Footway” shall be

submitted to Council, together with the appropriate fee (for each driveway).

23. Prior to issue of the Occupation Certificate the driveway shall be

constructed, in accordance with Council’s Manual of Engineering Standards,

which includes the retention of (or if damaged reconstruction as plain

concrete of) any existing footpath, and with reference to Council’s

information document “Footway Crossings (Driveways)”.

24. A 6.0m concrete driveway shall be provided across the road verge and

extending 6m into the property from behind the front boundary line.

Additional 6.0m wide passing bays shall be provided generally at 30m

intervals being between existing dwelling and house 1, and between houses 2

and 3.

STORMWATER DRAINAGE

25. Prior to issue of the Construction Certificate, the construction details in

accordance with Council’s Manual of Engineering Standards shall be provided

for the following stormwater requirements:

a) 1.5m³ of On-Site Detention in addition to the Basix volume (i.e. minimum

3m3 rainwater tank) supplied for each dwelling in accordance with council

standard drawing SD052/2, and

an additional Storage volume of 16.2m³ (atlantis or other) detention

tank for on-site detention (OSD) with a permissible site discharge 1% AEP

pre development flows and strictly in accordance with drainage plan

number 32200 SMP D, 1 of 2 revision D dated 19/2/16, AND Civil design

– driveway and drainage report SA/32200 Dated February 2016, both

by Daly Smith Pty Ltd, and

b) Detailed pavement finished surface levels demonstrating 1% conveyance

paths to, and 1% inlet capacity into the OSD tank/structure, and

c) Structural certification is required for underground detention systems

where expected traffic loads are likely, and,

d) an emergency overland flow path for major storm events, that is directed

to the public drainage system, and

e) entrapment of gross pollutants, nutrients and hydrocarbons generated

from the contributing ground-surface catchment areas, and

f) conveyance where necessary, of stormwater through the site from

upstream catchments, (including roads and adjoining properties).

26. Prior to Occupation or Operation of the development, a Stormwater System

Maintenance Procedure Plan shall be prepared by an engineer, detailing a

regular maintenance programme for pollution control devices, covering

8 MARCH 2016


inspection, cleaning and waste disposal, a copy of which shall be supplied to

the owner/operator and to Maitland City Council for supply of future owners

as needed.

27. Prior to issue of the Occupation Certificate, the stormwater-control system

shall be constructed in accordance with the approved stormwater drainage

plan. A qualified engineer shall supply written certification to the PCA and

Council that the constructed system including detention volume and

discharge rates achieve the consent requirements for detention.

28. Final discharge of collected stormwater runoff shall be piped, in accordance

with Council’s Manual of Engineering Standards to:

a) the drainage reserve in accordance with the approved plan and council

requirements

EROSION CONTROLS

29. The property shall be protected against soil erosion, such that sediment is not

carried from the construction site by the action of stormwater, wind or

“vehicle tracking”.

BUILDING CONSTRUCTION

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

Building Code of Australia (BCA).

SITE CONSIDERATIONS

31. 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.

32. All excavated and/or filled areas are to be retained or battered and suitably

drained so as to prevent any subsidence of the area and constructed so as to

deny any flow of water into or around the building or neighbouring buildings

or onto neighbouring land.

Where a retaining wall is planned for this purpose and such wall requires

consent (refer to State Environmental Planning Policy -Exempt and

Complying Development Codes, 2008) plans and specifications of the wall

shall be approved by Council and/or an accredited certifier.

Note: The submission of a separate Development Application is not required for

a retaining wall associated with this approval and indicated on the approved

plans.

8 MARCH 2016


33. 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 or a building on an adjoining allotment of land,

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

allotment of land and furnish particulars of the excavation to the

owner of the building being erected or demolished.

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

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

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

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

34. 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.

35. A temporary toilet shall be provided on site from the time of commencement

of building work to ensure that adequate sanitary provisions are provided

and maintained on the building site for use by persons engaged in the

building activity. The number of toilets provided shall be 1 toilet per twenty

persons or part thereof employed on the site. The temporary toilet is to be

connected to the sewerage system or an approved septic tank or otherwise

may be a chemical toilet supplied by a licensed contractor.

36. Unless otherwise approved by Council in writing, all general building work

shall be carried out between the hours of:

a. 7.00am to 6.00pm Monday to Friday

b. 7.00am to 5.00pm Saturday

Any work performed on Sunday’s or Public Holidays that may cause offensive

noise, as defined under the Protection of the Environment Operations Act, is

prohibited. Minor works (such as hand sanding, painting, digging and the

like) is permitted between the hours of 9.00am to 5.00pm. Power operated

tools are not permitted to be used.

8 MARCH 2016


37. 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.

38. Waffle pods, if used in the construction of the building, shall not be delivered

to the site unless wrapped or securely tied. The waffle pods are to be secured

on-site to prevent scattering by wind. Off-cuts and unused pods must be

wrapped in plastic or similar material and removed from the site immediately

upon completion of slab construction.

Note: Where building materials and/or refuse is found to have caused pollution

beyond the boundaries of the development site (eg. blown off-site by wind), the

Council may issue infringement notices / fines as prescribed under the Protection

of the Environment Operations Act 1997.

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

the development site.

40. The Principal Contractor (or Owner/Builder) shall erect a sign in a prominent

position on the site (not attached to any tree) identifying the name, address

and telephone number of the Principal Certifying Authority (PCA) for the

work. The sign shall also display the name, address and telephone number of

the Principal Contractor for the work (or Owner/Builder) and shall state that

unauthorized entry to the site is prohibited. The sign must be maintained

while the work is being carried out and is to be removed when the work is

completed.

41. The site shall be cleared of all building refuse and spoil immediately upon

completion of the building.

ADVICES

The following advice is limited in scope and should not be understood to encompass all

areas of responsibility of the consent holder, relating to the development.

A. You are advised that where underground works within the road reserve are

required or necessary for supply of services (such as water, sewer, electricity,

gas) further consent for a “Road Opening” must be obtained from Council.

Refer to Council’s form “Application for Registration to Open Roads/Footpaths”.

B. You are advised that a “Drainage Plan Assessment fee for the stormwater

detention system may be applicable in accordance with Council’s Fees and

Charges prior to the issue of the Construction Certificate.

C. You are advised that for the driveway works on the footway verge,

inspection by Council is required (eg formwork & reinforcement). See

Council’s “Application to Construct Private Works on Footway”).

8 MARCH 2016


D. You are advised that prior to construction of the driveway corridor, utility

services and/or their conduits should be installed along the full corridor

length.

E. You are advised that the issue of this development consent does not negate

the responsibility of the land owner in respect to any restriction, covenant

or easement applicable to this property and that Council will not be held

responsible when action on this consent results in any loss or damage by way

of breach of matters relating to title of the property.

F. You are advised that there may be design matters in relation to the drainage

concept plan that warrant further attention prior to the issue of the

Construction Certificate.

8 MARCH 2016


11.3 DA 91-117 SECTION 96(2) MODIFICATION FOR MOUNT VINCENT WASTE

MANAGEMENT CENTRE - LOT 220 DP755237 MT VINCENT ROAD, EAST

MAITLAND


FILE NO: DA 91-117


2. Existing Consent


4. Public Submissions

5. Government Submissions



AUTHOR: Leanne Harris - Development Assessment Coordinator

APPLICANT: Maitland City Council

OWNER: Maitland City Council

PROPOSAL: Section 96(2) Modification to address inconsistencies

within and between requirements of the Plan of

Management, Schedule of Conditions, EPL 6116

conditions, and current and historical site operations at

Mount Vincent Waste Management Centre

LOCATION: Mt Vincent Road, Lot 201 DP520191 & Lot 2220

DP1095387 (Formerly part portion 220 Part Lot 201 DP

520191 & Part Lot 202 DP523762)

ZONE: SP1 (Waste Management Facility)

EXECUTIVE SUMMARY

This report presents Council with an assessment of an application pursuant to Section

96(2) of the Environmental Planning and Assessment Act 1979 (as amended) in relation to

the Council owned and operated Mount Vincent Waste Management Centre.

The application seeks to modify a number of the existing consent conditions to reflect

current operating procedures and requirements under the site’s Environment Protection

Licence (EPL) which have been modified over time.

The report is presented to Council for determination due to the receipt of a public

submission objecting to the application and also due to the application relating to a

Council owned and operated facility with Council being both the applicant and the

determining authority.

The assessment seeks to provide Council with information in relation to the qualitative

and quantitative nature of the proposed amendments, how they relate to the existing

8 MARCH 2016


approved development and the likely environmental impacts and related mitigation

measures if the development is amended as proposed.

This report outlines and considers impacts that the proposed modifications will have in

respect to geotechnical, visual, groundwater and leachate and traffic matters. Other

environmental aspects that have also been considered include noise, air quality, social

and ecological impacts.

The application has been assessed against the requirements of Section 96(2) and 79C of

the Environmental Planning and Assessment Act, 1979. The matters raised in objection to

the application have been considered and assessed at length.

Taking into consideration all the relevant matters, the application is recommended to

Council for approval subject to amendments to the conditions of development consent as

set out in this report.


THAT:

The Section 96(2) modification application to address inconsistencies within and

between requirements of the Plan of Management, Schedule of Conditions,

Environment Protection Licence 6116 conditions and current and historical site

operations at Mount Vincent Waste Management Centre on Lot 201 DP 520191 and

Lot 2220 DP 1095387, 109 Mount Vincent Road East Maitland, be approved subject

to the amended conditions set out in the attached schedule.

Note: This item was withdrawn as per Item 8

8 MARCH 2016


11.4 DA 14-486 - SECTION 96(1) TO AMEND REAR FENCE DETAILS - LOT 1

DP319748 & LOT 1 DP168111, 307 HIGH STREET, MAITLAND


FILE NO: DA 14-486



3. Submissions





AUTHOR: Tegan Harris - Team Leader Development Assessment

APPLICANT: Matthew Adderly

OWNER: Adderly MM & Others

PROPOSAL: Section 96(1A) to Modify Rear Fence Details

LOCATION: 307 High Street, Maitland

ZONE: B4 Mixed Use

EXECUTIVE SUMMARY

The modification application before the Council was lodged on 27 January 2016 and seeks

to amend the location and materials of the rear acoustic fence. The proposal is being

reported to Council due to the receipt of one (1) submission during the notification

process.

The parent development application (DA) was determined at Council on 13 May 2014 as a

food and drink premises (Small Bar). The parent DA required the construction of a 2.4m

high double brick wall on the rear boundary to manage potential visual and acoustic

impacts.

Following approval of the parent application the operators approached three separate

engineers to try and certify the double brick wall, however, they were unable to do so. Due

to these difficulties, the operators are seeking approval to amend the fence to a timber

lapped and capped fence. The fence is also being relocated approximately 700mm within

the property boundary as there was concern that it was constructed partially within the

private laneway to the rear of the site.

The modification does not raise any issues that conflict with Council’s original assessment

of the proposal in regards to the Maitland Local Environmental Plan (LEP) 2011 and

Development Control Plan (DCP) 2011. The primary potential impacts as a result of the

modification relate to acoustic, heritage and flooding. It is considered that the

8 MARCH 2016


modification is minor in nature and does not have any significant impacts within the

locality.

The modification was advertised and notified for a period of 14 days ending 17 February

2016. As a result of this process one submission was received. The issues raised include

reduction in fence height, change of materials and time taken to resolve the matter.

The proposed modification has been assessed against the relevant heads of consideration

under Section 79C of the Environmental Planning & Assessment Act 1979 (NSW). The

modification is minor in nature, seeking only to alter the rear fence materials and

location. Issues relating to acoustic, flooding and heritage have been appropriately

addressed. Accordingly, the proposal is recommended for approval subject to conditions.


THAT

1. DA14-486 Section 96(1A) Modification to Amend Rear Fence, 307 High Street,

Maitland, Lot 1 DP319748 & Lot 1 DP168111, be approved subject to

Conditions.

COUNCIL RESOLUTION

THAT

1. DA14-486 Section 96(1A) Modification to Amend Rear Fence, 307 High Street,

Maitland, Lot 1 DP319748 & Lot 1 DP168111, be approved subject to

Conditions.

Moved Clr K Wethered, Seconded Clr A Humphery

CARRIED


for a division.



Clr P Blackmore

Clr B Burke

Clr P Garnham

Clr B Geoghegan

Clr A Humphery

Clr H Meskauskas

Clr N Penfold

Clr P Penfold

8 MARCH 2016


Clr S Procter

Clr K Wethered

Clr B Whiting

8 MARCH 2016




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

documentation as detailed in the following schedule and any amendments arising through

conditions of this consent or as shown in red colour on the plans:

Plan Ref. No Sheet

No

Rev n

No

Rev n

Date

Prepared by

Plans – Site (as modified by 16-003-1) DA01 - 18/02/14 AcroPlan Pty Ltd

16-003-2 - - - -

Plans – Existing Floor SK02 - 28/04/2014 AcroPlan Pty Ltd

Plans – Proposed Floor SK03 - 29/04/2014 AcroPlan Pty Ltd

Plans – Existing First Floor SK04 - 28/04/2014 AcroPlan Pty Ltd

Plans – Proposed First Floor SK05 - 28/04/2014 AcroPlan Pty Ltd

Internal Elevations – Kitchen SK06 - 28/04/2014 AcroPlan Pty Ltd

Internal Elevations – Bar Area SK07 - 28/04/2014 AcroPlan Pty Ltd

Specifications – Food Safety

Standards SK08 - 28/04/2014 AcroPlan Pty Ltd

Details – Proposed Signage DA09 - 18/02/2014 AcroPlan Pty Ltd

Condition Amended: 8 March 2016

ACOUSTIC FENCE

1a. The rear acoustic fence shall be constructed as timber lapped and capped with pailings on

one side of the rails to a height of 2.4m. Condition Amended: 8 March 2016

1b. The existing footings and partially constructed masonry fence on the rear boundary shall be

demolished and the site reinstated to its original condition. Condition Amended: 8 March 2016

CONTRIBUTIONS & FEES

2. Pursuant to Section 80A(1) of the Environmental Planning and Assessment Act 1979, and the

Maitland S94A Levy Contributions Plan 2006, a contribution of $1,000 shall be paid to the

Council.

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

the provisions of the Maitland City Council S94A Levy Contributions Plan 2006.

Payment of the above amount shall apply to Development Applications as follows:

8 MARCH 2016


- Building work only - prior to issue of the Construction Certificate.

- Subdivision and building work - prior to the issue of the Construction Certificate, or

Subdivision Certificate, whichever occurs first.

- Where no construction certificate is required - prior to issue of an Occupation Certificate.

The above "contribution" condition has been applied to ensure that:

i) Where the proposed development results in an increased demand for public amenities and

services, payment towards the cost of providing these facilities/services is made in accordance with

Council's adopted contributions plan prepared in accordance with the provisions of section 94A of

the Environmental Planning and Assessment Act, 1979.

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

HOURS OF OPERATION

3. The overall hours of operation are 7:00am to 12:00pm midnight seven days week (including

public holidays).

4. Use of the rear courtyard area (with the exception of patrons utilising the amenities and

smoking area for short periods of time) shall be restricted to the hours of 7:00am to 10:00pm

Monday to Saturday, and 8:00am to 10:00pm Sundays and Public Holidays. The rear bi-fold

door is to remain closed on Sundays and Public Holidays until 8:00am, and each day after

10:00pm.

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

background noise level in any Octave Band Centre Frequency (31.5Hz-8kHz inclusive) by

more than 5dB between 07.00am and 12.00 midnight at the boundary of any affected

residence.

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

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

between 12.00 midnight and 7.00am at the boundary of any affected residence.

Notwithstanding compliance with the above, the noise emitted from any portion of the

premises shall not be audible within any habitable room in any residential premises between

the hours of 12.00 midnight and 7.00am.

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

deflection of the noise emission from the premises.

GENERAL PROVISIONS

6. 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.

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

of Australia.

8 MARCH 2016


8. The development or any portion of the development shall not be used or occupied until an

Occupation or Interim Occupation Certificate has been issued. Occupation Certificate

applications must be accompanied by the required fee and all associated information

and certifications. To ensure occupation or use of the development can occur in a timely

fashion, the occupation certificate application should be submitted at the same time as the

final inspection is being requested.

9. Prior to issue of the Construction Certificate a certificate of compliance under Section 50 of

the Hunter Water Act 1991 for this development, shall be submitted to the Accredited

Certifier.

10. Upon completion of the building BUT prior to its occupation, a Final Fire Safety Certificate

with respect to each critical and essential fire safety measure installed in the building is to be

provided. Such certificate(s) are to be in accordance with Division 4 of Part 9 of the

Environmental Planning and Assessment Regulation, 2000.

11. At least once in each twelve (12) month period, fire safety statements in respect of each

required essential fire safety measure installed within the building are to be submitted to

Council. Such certificates are to state that:

a) The service has been inspected and tested by a person (chosen by the owner of the

building) who is competent to carry out such inspection and test; and

b) That the service was or was not (as at the date on which it was inspected and tested)

found to be capable of operating to a standard not less than that specified in the fire

safety schedule for the building).

Such statements are to be in accordance with Division 5 of Part 9 of the Environmental

Planning and Assessment Regulation, 2000.

12. The applicant is required to submit to Council Notice of Commencement at least two (2) days

prior to the commencement of construction works.

13. The applicant is required to submit to Council Notice of Appointment of the Principal

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

14. All demolition works are to be carried out in accordance with Australian Standard AS 2601-

2001.

SERVICES & EQUIPMENT

15. A copy of the fire safety schedule and fire safety certificate is to be prominently displayed in

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

Assessment Regulation 2000.

16. A copy of the fire safety schedule and fire safety certificate is to be given to the Commissioner

of New South Wales Fire Brigades in accordance with Division 4 of Part 9 of the

Environmental Planning and Assessment Regulation, 2000.

8 MARCH 2016


17. For the purposes of clause 94 of the Environmental Planning and Assessment Regulation 2000,

prior to issue of an Occupation Certificate, emergency lighting, exit signs and direction signs

shall be installed to service the entire building in accordance with Clauses E4.2, E4.4, E4.5,

E4.6 and E4.8 (Volume 1) of the Building Code of Australia 2013.

Note. Emergency lighting shall be installed to provide lighting to the stairway and directional

exit signs shall be installed to the top of the stairs so as to provide visual guidance for people

on the first floor.

18. Prior to issue of an Occupation Certificate portable fire extinguishers shall be installed within

the existing building, in accordance with Clause E1.6 of the Building Code of Australia 2013.


prior to issue of an Occupation Certificate any electrical meters, distribution boards or

electrical motors installed in an exit or in any hallway, stairway or the like leading to an exit

shall be enclosed by a non-combustible construction or fire protective covering with

openings sealed against the spread of smoke in accordance with Clause D2.7 of the Building

Code of Australia 2013.

20. All new materials used in the building shall comply with Clause C1.10 (Volume 1) of the

Building Code of Australia 2013.

21. The space under the stairs shall not be enclosed unless the enclosing walls and ceiling

achieve a Fire Resistance Level of not less than 60/60/60 and the access door is fitted with a

self-closing -/60/30 fire door.

SITE PROVISIONS

22. All building refuse on this building site shall be stored in such a manner so as not to cause a

nuisance to adjoining properties.

23. 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.

24. A sign must be erected in a prominent position on the work site:

8 MARCH 2016


(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.

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

Council's footpath.

26. Suitable and adequate measures are to be applied to restrict public access to the site and

building works, materials and equipment.

27. 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.

ACCESS & AGRESS


prior to issue of the Construction Certificate, details of the installation and operation of the

personal egress door associated with the bi-fold doors shall be supplied to Council. The

details must include information on the latching mechanism and management procedures

to be followed to ensure that the door will be unlocked and operable as an exit whenever

the courtyard is lawfully occupied.

29. Prior to issue of the Construction Certificate a plan showing compliant path of travel to and

within the courtyard for both disabled access and emergency egress shall be provided to

Council. The path of travel must be a minimum of 1 metre wide. Indicative table and seat

location shall be modified to demonstrate that this is possible.

30. Prior to issue of an Occupation Certificate disabled access to the building shall be upgraded

as per the approved plans, statement of environmental effects and conditions of

development consent.


prior to issue of an Occupation Certificate, all doors in, or forming a part of a required exit

shall be fitted with latches that comply with D2.21 (Volume 1), of the Building Code of

Australia 2013.

8 MARCH 2016



prior to issue of an Occupation Certificate, all secondary door hardware such as barrel

bolts, chains, padlocks, etc. must be removed from all doors in a required exit, forming part

of a required exit or in a path of travel to a required exit.

HERITAGE

33. Removal of the 1920s shop front shall be undertaken in accordance with the

recommendations of the Heritage Appraisal prepared by Carste Studio dated April 2014,

with two panels and their associated glazed top panel, one to either boundary wall being

retained, as amended in red colour on the approved plans. The remaining panels shall be

removed and stored securely on site for reinstallation as may be appropriate at a later date.

FOOD PREMISES

34. The premises, including the construction and installation of all equipment, fixtures and

fittings must comply with the requirements of The Food Act 2003, Food Regulation 2004,

Food Standards Code and Australian Standard 4674 for the Design, Construction and Fit-

out of Food Premises. In particular your attention is drawn to:-

i. Walls above 2m, where not tiled, sheeted in stainless steel or similar, are to be cement

rendered to a steel trowel finish, set with plaster and finished to a smooth even

surface, painted with a washable gloss paint of a light colour or sealed with other

approved materials.

ii. Ceiling light fittings shall be installed flush with the ceiling surface so as to provide the

least likely harbourage for dust or vermin and be provided with approved diffuser

covers.

iii. Where possible all service pipes are to be constructed in floors, plinths, walls or

ceilings. Where it is not possible to conceal pipes or where it is contrary to the

regulations of other authorities, such pipes are to be fixed on brackets so as to provide

at least 25mm clearance between the pipe and adjacent vertical surface and 100mm

between the pipe and adjacent horizontal surfaces.

All openings in walls, floors and ceilings through which service pipes and the like, pass,

shall be made vermin proof.

iv. Cooking appliances may be butted together and provided with removable flashing or

provided with a clearance of 75mm for appliances less than 750mm or 300mm

clearance for appliances with a width greater than 750mm. Alternatively they may be

made moveable through the provision of flexible connections.

v. Mechanical ventilation is to be provided in accordance with Australian Standard 1668.

Prior to installing mechanical ventilation the details are to be forwarded to Council for

approval.

After installing the mechanical ventilation system the system is to be certified by a

mechanical engineer and this certification is to be forwarded to Council, within 30 days.

vi. A utility sink, separate to the hand wash basin is to be provided in the bar.

vii. A copy of the Trade Waste application to Hunter Water is to be provided to Council.

35. Prior to occupation and commencement of trade the business is to be registered with

Council.

8 MARCH 2016


36. The premises will be incorporated in Council’s Surveillance Program and will be subject to a

minimum of 1 inspection per annum. The current fee for an inspection is $100 Inspection

fee and $100 Administration Fee.

37. Prior to opening for trade a Food Safety Supervisor is to be appointed and complete the

relevant competencies of training through a Registered Training Organisation approved by the

NSW Food Authority. A copy of the Food Safety Supervisor Certificate is to be provided to

Council www.foodauthority.nsw.gov.au/industry/fss-food-safety-supervisors.

SCHEDULE OF ADVICE

A. You are advised that additional details are required for the Construction Certificate. Full

construction details for the amenities buildings must be provided prior to release of the

Construction certificate.

B. You are advised that where any demolition, alteration or renovation works that encounter

asbestos or products containing asbestos, the materials encountered shall be managed in

accordance with the provisions of the NSW Work Cover Authority.

http://www.foodauthority.nsw.gov.au/industry/fss-food-safety-supervisors

8 MARCH 2016


11.5 DA 14-2276 SECTION 96 MODIFICATION TO AMEND SUBDIVSION

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

13 DP 1208290, NO. 281 MORPETH ROAD RAWORTH


FILE NO: DA 14-2276


2. Site Plan

3. Submissions





AUTHOR: Anne Moore - Contract Planner

APPLICANT: HDB Town Planning & Design

OWNER: Mitchell Spares Pty Ltd

PROPOSAL: Modify Condition 1 to acknowledge the revised

subdivision layout in respect to lots 113 to 116 and

proposed drainage reserve and minor change to staging

plan

LOCATION: No. 281 Morpeth Road Raworth

ZONE: R1 General Residential

EXECUTIVE SUMMARY

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

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

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

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

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

approved plan and the proposed detention basin.

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

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

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

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

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

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

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

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

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

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

8 MARCH 2016


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

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

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

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

Dam Safety Committee for review and classification.


THAT

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

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

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

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

amended conditions set out in the attached schedule.

COUNCIL RESOLUTION

THAT

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

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

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

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

amended conditions set out in the attached schedule.

Moved Clr S Procter, Seconded Clr B Burke

CARRIED


for a division.



Clr P Blackmore

Clr B Burke

Clr P Garnham

Clr B Geoghegan

Clr A Humphery

Clr H Meskauskas

Clr N Penfold

Clr P Penfold

Clr S Procter

Clr K Wethered

8 MARCH 2016


Clr B Whiting

8 MARCH 2016


Amended Conditions

Amended Condition 1

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

plans and documentation as detailed in the following schedule and any amendments

arising through conditions of this consent or as shown in red colour on the plans:

Plan Ref

No.

Sheet

No.

Revn

No.

Revision Date Prepared by

(Consultant)

14/024 N/A D 26/10/2015 HDB Town Planning & Design

Amended Condition 22

A stormwater detention system shall be designed and approved for the subject

subdivision to reduce post-developed discharges to pre-developed discharges, for the

critical storm up to and including the 1% AEP (“100 year”) event, in accordance with

Council’s Manual of Engineering Standards and generally in accordance with HDB’s

“Stormwater Drainage Report” report no: 14/024-3 dated November 2015.

Additional Condition 22A

Prior to issue of the Construction Certificate the applicant shall demonstrate that all

efforts have been made in the design of the basin to negate the triggering of

classification of the basin as a "Declared Dam" under the Dam Safety Act 2015.

Written confirmation from the NSW Dam Safety Committee shall be supplied to

Council to confirm the detention basin classification. Any recommendations from

the NSW Dam Safety Committee review shall be designed and implemented into the

construction certificate plans.

8 MARCH 2016


11.6 PLANNING PROPOSAL TO REZONE LAND AT 30 SWAN STREET,

MORPETH FROM RU1 PRIMARY PRODUCTION TO R1 GENERAL

RESIDENTIAL AND E2 ENVIRONMENTAL CONSERVATION

APPLICANT - PULVER COOPER AND BLACKLEY

FILE NO: RZ14/001


2. Planning Proposal (Under Separate Cover)



Ian Shillington - Manager Urban Growth

AUTHOR: Rob Corken - Strategic Town Planner

MAITLAND +10 Outcome 6. Built heritage and sustainable

development

COUNCIL OBJECTIVE: 6.1.1 To encourage orderly, feasible and equitable

development whilst safeguarding the community’s

interests, environmentally sensitive areas and

residential amenity.

EXECUTIVE SUMMARY

Council received an application to rezone land at 30 Swan Street, Morpeth from RU1

Primary Production to R1 General Residential in May 2014. After considering the issues

associated with site, an amended proposal was prepared that included a small area of E2

Environmental Conservation to protect a view corridor at the end of Edward Street.

At its meeting dated 22 September 2015 the Council resolved to request a gateway

determination and undertake community consultation in accordance with the

determination for the proposal.

Exhibition of the proposal occurred during December 2015 - January 2016. Five

submissions were received during the exhibition period. The key issues raised in the

submissions were heritage, trees, loss of views and contamination. The issues raised in

the submissions have been considered and addressed in this report.

The proposal was referred to the Office of Environment and Heritage (OEH). The OEH do

not object to the proposal as the rezoning will have minimal adverse impact on the

historic setting of Morpeth Heritage Conservation Area and to the items of local heritage

significance in the vicinity

It is considered that the rezoning is appropriate and that a request to the Minister of

Planning to make the local environmental plan should be made.

8 MARCH 2016


The rezoning will require amendments to be made to the Maitland Development Control

Plan. Therefore, it is requested that an amendment to the DCP be prepared and public

consultation of that amendment undertaken.


THAT COUNCIL

1. Pursuant to s59 of the Environmental Planning and Assessment Act 1979

requests that the Minister of Planning make the local environmental plan.

2. Prepares an amendment to the Maitland Development Control Plan 2011 to

include the site in the residential precinct and remove it from the rural

outskirts precinct of Part E Special Precincts: Morpeth Heritage

Conservation Area.

3. Prepares an amendment to the Maitland Development Control Plan 2011,

Part E Special Precincts: Morpeth Heritage Conservation Area: View

Corridors Map to reflect the amended view corridor at the end of Edward

Street.

4. Pursuant to clause 18 of the Environmental Planning and Assessment

Regulation 2000 exhibit the amendment for a period of 28 days.

5. If no submissions are received during the exhibition period that the

amended DCP be approved. If submissions are received during the

exhibition period a further report is brought back to Council for

consideration.

COUNCIL RESOLUTION

THAT COUNCIL

1. Pursuant to s59 of the Environmental Planning and Assessment Act 1979

requests that the Minister of Planning make the local environmental plan.

2. Prepares an amendment to the Maitland Development Control Plan 2011 to

include the site in the residential precinct and remove it from the rural

outskirts precinct of Part E Special Precincts: Morpeth Heritage

Conservation Area.

3. Prepares an amendment to the Maitland Development Control Plan 2011,

Part E Special Precincts: Morpeth Heritage Conservation Area: View

Corridors Map to reflect the amended view corridor at the end of Edward

Street.

4. Pursuant to clause 18 of the Environmental Planning and Assessment

Regulation 2000 exhibit the amendment for a period of 28 days.

5. If no submissions are received during the exhibition period that the

amended DCP be approved. If submissions are received during the

8 MARCH 2016


exhibition period a further report is brought back to Council for

consideration.

Moved Clr S Procter, Seconded Clr P Garnham

CARRIED


for a division.


For: Clr L Baker Against: Clr N Penfold

Clr P Blackmore Clr P Penfold

Clr B Burke

Clr P Garnham

Clr B Geoghegan

Clr A Humphery

Clr H Meskauskas

Clr S Procter

Clr K Wethered

Clr B Whiting

8 MARCH 2016


12 INFRASTRUCTURE AND WORKS REPORTS

12.1 STEAMFEST 2016 - TEMPORARY ROAD CLOSURES

FILE NO: 140/5

ATTACHMENTS: 1. Steamfest Traffic Control Plan

RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works

Stephen Hawes - Manager Infrastructure Planning

and Development Engineering

Scott Henderson - Coordinator Infrastructure

Planning Engineering

AUTHOR: Kenneth Splatt - Traffic Officer

MAITLAND +10 Outcome 3. Iconic events and local festivals

COUNCIL OBJECTIVE: 3.2.1 To attract a diverse range of visitors to the City

from the Hunter Region, Sydney and regional NSW

EXECUTIVE SUMMARY

Maitland Hunter Valley Steamfest has been a premier tourism event since 1986, becoming

an annual fixture on our City’s calendar. To facilitate the management of the event, a

number of streets will be required to be closed to enable safe pedestrian and vehicle

movements together with the erection of display and food stalls, and amusement rides.

Steamfest 2016 will operate on the weekend of 9-10 April 2016, with the majority of the

temporary road closure requests being effective during that time and during the daytime

hours of 7.00am to 6.00pm. A longer temporary road closure, from midnight Thursday 7

April to midnight Sunday 10 April 2016, encompasses the Maitland Railway Station car

park and is requested for the set up and display of food and information stalls, rides and

amusements.

This year, due to road construction projects adjacent to the Maitland Railway Station

area, some parking facilities will be relocated from Athel D’Ombrain Drive to Allan Walsh

Drive.


THAT Council approve the temporary road closures, traffic control measures and

Schedule of Conditions, as detailed in this report, for Steamfest 2016 to be held

from Saturday 9 April 2016 to Sunday 10 April 2016.

COUNCIL RESOLUTION

THAT Council approve the temporary road closures, traffic control measures and

Schedule of Conditions, as detailed in this report, for Steamfest 2016 to be held

8 MARCH 2016


from Saturday 9 April 2016 to Sunday 10 April 2016.

Moved Clr P Garnham, Seconded Clr B Geoghegan

CARRIED

8 MARCH 2016


13 ADMINISTRATION AND GOVERNANCE REPORTS

Nil

14 STRATEGY AND PERFORMANCE REPORTS

Nil

15 MAJOR PROJECTS REPORTS

Nil

16 HUMAN RESOURCES REPORTS

Nil

8 MARCH 2016


17 ITEMS FOR INFORMATION

17.1 LOCAL TRAFFIC COMMITTEE MEETING NOVEMBER 2015 & DECEMBER

2015 MINUTES

FILE NO: 140/5

ATTACHMENTS: 1. MCC LTC November 2015 Minutes

2. MCC LTC December 2015 Minutes

RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works

Stephen Hawes - Manager Infrastructure Planning

and Development Engineering

Scott Henderson - Coordinator Infrastructure

Planning Engineering

AUTHOR: Kenneth Splatt - Traffic Officer

MAITLAND +10 Outcome 5. Moving around our City

COUNCIL OBJECTIVE: 5.1.3 To optimise the connectivity of the transport

network

EXECUTIVE SUMMARY

The minutes of Maitland City Council’s Local Traffic Committee Meetings held Thursday 5

November 2015 and Thursday 3 December 2015, are attached for Council’s information.


THAT the information contained in this Report be noted.

COUNCIL RESOLUTION


Moved Clr B Geoghegan, Seconded Clr A Humphery

CARRIED

8 MARCH 2016


17.2 AGL ENERGY LIMITED (AGL) GLOUCESTER TO TOMAGO GAS PIPELINE

PROJECT

FILE NO: 63/6

ATTACHMENTS: 1. Location Plan

RESPONSIBLE OFFICER: Graeme Tolhurst - Group Manager Administration &

Governance

AUTHOR: Frank Shrimpton - Coordinator Professional Services

MAITLAND +10 Outcome 4. Well-planned and integrated

infrastructure

COUNCIL OBJECTIVE: 4.2.2 To ensure that public utility infrastructure is

delivered to meet essential needs

Previous Items: 12.1 - Request by AGL Energy Limited (AGL) for

easement to support part of the Gloucester to Tomago

gas pipeline. - Ordinary Council - 10 Feb 2015

EXECUTIVE SUMMARY

AGL Energy Limited (AGL) has advised Council that the easement requested of Council to

support the Gloucester Gas Project (Gloucester to Tomago Gas Pipeline) will not be

required as the project will not be proceeding.



COUNCIL RESOLUTION


Moved Clr P Garnham, Seconded Clr K Wethered

CARRIED

8 MARCH 2016


18 NOTICES OF MOTION/RESCISSION

18.1 MAITLAND PARK PUBLIC TOILETS

NOTICE OF MOTION SUBMITTED BY CLR HENRY MESKAUSKAS

FILE NO: 35/7/4

ATTACHMENTS: Nil



Clr Henry Meskauskas has indicated his intention to move the following Notice of

Motion at the next Council Meeting being held on Tuesday, 8 March 2016:

THAT council open the toilets next to the council’s residence in Maitland Park.

Note:

Everyone using Maitland Park at the moment is asking why there is only one toilet open in

Maitland Park. The walkers, the visitors and the users use the park every day and there is

an urgent need for a second toilet to be opened.

I have received many requests as other councillors have and sporting bodies.

PROCEEDINGS IN BRIEF

A motion was moved as follows:

(Clrs H Meskauskas/B Whiting)

1. Council will investigate the use of the old netball building toilets as an interim

measure to improve public toilet availability in Maitland Park.

2. That Council will progress design of the Central Amenities Building in Maitland Park

with consideration of allocation of public toilets as part of the design brief.

COUNCIL RESOLUTION

3. Council will investigate the use of the old netball building toilets as an

interim measure to improve public toilet availability in Maitland Park.

4. That Council will progress design of the Central Amenities Building in

Maitland Park with consideration of allocation of public toilets as part of

the design brief.

Moved Clr H Meskauskas, Seconded Clr B Whiting

CARRIED

8 MARCH 2016


19 QUESTIONS WITH NOTICE

20 URGENT BUSINESS

21 COMMITTEE OF THE WHOLE

22 COMMITTEE OF THE WHOLE RECOMMENDATIONS

23 CLOSURE

The meeting was declared closed at 6.48pm.

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

Chairperson

ordinary meeting minutes 8 march 2016

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