MAITLAND CITY COUNCIL ORDINARY MEETING MINUTES...Jun 14, 2005 · Maitland City Tennis Club...

MAITLAND CITY COUNCIL

ORDINARY MEETING MINUTES

14 JUNE, 2005

MINUTES 14 JUNE, 2005

Page (i)

TABLE OF CONTENTS

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

2 APOLOGIES ............................................................................................... 1

3 DECLARATIONS OF PECUNIARY INTEREST ......................................... 1

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING....................... 1

5 BUSINESS ARISING FROM MINUTES...................................................... 1

6 MAYORAL MINUTE.................................................................................... 2

7 PUBLIC ACCESS ....................................................................................... 2

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS .................................................................................................. 2

9 OFFICERS REPORTS ................................................................................ 3

9.1 GENERAL MANAGER................................................................. 3

9.1.1 2005/2008 MANAGEMENT PLAN................................................ 3

9.2 SERVICE PLANNING AND REGULATION................................. 5

9.2.1 DA 04-4805 DRAINAGE WORKS - 18 BULL STREET, MAITLAND RECOMMENDATION: APPROVAL .......................... 5

9.2.2 DA05-260 MEDIUM DENSITY HOUSING LOT 155-157 DP 1064493 24, 26 AND 28 HIBISCUS CRESCENT, ABERGLASSLYN RECOMMENDATION: APPROVAL.............. 10

9.2.3 05-761 DUAL OCCUPANCY & SUBDIVISION LOT 515 DP 1055277, 20 ELKIN CLOSE, RAWORTH RECOMMENDATION: APPROVAL ........................................... 22

9.2.4 DA 04-1871 DEMOLITION AND MEDIUM DENSITY HOUSING - 12 UNITS PLUS RESIDENTIAL SUBDIVISION (2 LOTS INTO 3 LOTS) LOTS A & B DP 388671, 8-10 EURIMBLA STREET, THORNTON RECOMMENDATION: APPROVAL ................................................................................ 33

9.2.5 DA 00-1359 RECREATION FACILITY LOT 4100 DP 1058383 SOMERSET DRIVE, THORNTON RECOMMENDATION: APPROVAL ................................................................................ 46

9.2.6 MANUAL OF ENGINEERING STANDARDS.............................. 62


Page (ii)

9.2.7 EXPANSION OF DELEGATIONS - DEVELOPMENT APPLICATIONS FOR MEDIUM DENSITY HOUSING ............... 63

9.2.8 RECREATION FACILITIES REVIEW......................................... 66

9.2.9 SECTION 94 BUSHFIRE SERVICES EXPENDITURE .............. 68

9.2.10 PLAN OF MANAGEMENT - REDBILL DRIVE RESERVE, WOODBERRY............................................................................ 69

9.2.11 PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 - REZONING OF LAND AT ANAMBAH ROAD, RUTHERFORD ........................................... 70

9.2.12 CHILD CARE STUDY................................................................. 71

9.2.13 ROAD CLOSURE - PART OF WALTER STREET, RUTHERFORD .......................................................................... 73

9.2.14 PUBLIC LAUNCH OF THE 'MUTUAL' SCHOOL CURRENCY SYSTEM..................................................................................... 74

9.3 FINANCE AND ADMINISTRATION........................................... 75

9.3.1 STATEMENT OF INVESTMENTS AS AT 31 MAY 2005 ........... 75

9.3.2 MAKING OF RATES AND CHARGES ....................................... 76

9.3.3 MAITLAND HEALTH ADVISORY COMMITTEE ........................ 77

9.3.4 PROPOSED GAS PIPELINE EASEMENT................................. 78

9.4 CITY WORKS AND SERVICES................................................. 79

9.4.1 PROCUREMENT POLICY ......................................................... 79

10 ITEMS FOR INFORMATION..................................................................... 87

10.1 PROPOSED DEPOT FOR PLANT AND MACHINERY LOT 1, DP 136051, NO.1472 NEW ENGLAND HIGHWAY, HARPERS HILL ......................................................................... 87

10.2 THIRD CROSSING OF THE HUNTER RIVER AT MAITLAND . 88

10.3 YOUTH DEVELOPMENT PROGRAM AT THE MAITLAND GAOL ......................................................................................... 89

11 NOTICE OF MOTION/RESCISSION......................................................... 90

11.1 NATIONAL PACKAGING COVENANT NOTICE OF MOTION SUBMITTED BY CLR WENDY WHITE ..................................... 90

12 QUESTIONS WITHOUT NOTICE ............................................................. 92


Page (iii)

12.1 SECTION 94 REVIEW – FILE NO 103/41.................................. 92

12.2 TRAFFIC CALMING DEVICES – FILE NO 140/5...................... 92

12.3 ROAD WIDTH – FILE NO 133/1 ................................................ 92

12.4 PEDESTRIAN TRAFFIC LIGHTS – RUTHERFORD – FILE NO 140/5 .................................................................................... 92

12.5 MAITLAND NETBALL ASSOCIATION – FILE NO 35/16 ......... 92

13 URGENT BUSINESS ................................................................................ 93

13.1 RESIGNATION OF SENIOR OFFICER – JUDY JAEGER – FILE NO E10102:....................................................................... 93

14 COMMITTEE OF THE WHOLE................................................................. 94

14.1 MAITLAND GAOL ..................................................................... 94

14.2 LAND AND ENVIRONMENT COURT APPEALS...................... 95

14.3 REQUEST FOR REDUCTION IN KERB AND GUTTERING CHARGE.................................................................................... 96

14.4 REQUEST UNDER LOCAL ENVIRONMENT PLAN 1993 RE PUBLIC RECREATION ZONING 6(A)OVER PRIVATE LAND . 97

15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE .... 98

15.1 MAITLAND GAOL ..................................................................... 98

15.2 LAND AND ENVIRONMENT COURT APPEALS - PROGRESS OF APPEALS CURRENTLY BEFORE THE COURT....................................................................................... 99

15.3 REQUEST FOR REDUCTION IN KERB AND GUTTERING CHARGE...................................................................................100

15.4 REQUEST UNDER LOCAL ENVIRONMENT PLAN 1993 RE PUBLIC RECREATION ZONING OVER PRIVATE LAND .......101

16 CLOSURE................................................................................................102


Page 1

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 Clr Victoria Woods

1 INVOCATION

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

2 APOLOGIES

Nil

3 DECLARATIONS OF PECUNIARY INTEREST

Nil

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

COUNCIL RESOLUTION THAT the minutes of the Ordinary Meeting of Council held 24 May 2005 be confirmed. Moved Clr Way, Seconded Clr Meskauskas

CARRIED

5 BUSINESS ARISING FROM MINUTES

Nil


Page 2

6 MAYORAL MINUTE

7 PUBLIC ACCESS

Mr R N Gulliver – spoke against Item 9.2.1 – Drainage Works – 18 Bull Street, Maitland.

COUNCIL RESOLUTION THAT an extension of one minute be granted to Mr Gulliver.

Moved Clr Fairweather, Seconded Clr Casey

CARRIED Mr Norman Gressier – spoke in support of Item 9.2.1 – Drainage Works – 18 Bull Street, Maitland. Mr Lindsay Vernon – spoke against Item 9.2.3 – 05-761 Dual Occupancy & Subdivision – 20 Elkin Drive, Raworth. Mr Geoff Devos – spoke in support of Item 9.2.3 – 05-761 Dual Occupancy & Subdivision – 20 Elkin Drive, Raworth.

COUNCIL RESOLUTION THAT an extension of one minute be granted to Mr Devos.

Moved Clr Garnham, Seconded Clr Fairweather

CARRIED A representative from Masterton Homes – spoke in support of Item 9.2.3 – 05-761 Dual Occupancy & Subdivision – 20 Elkin Drive, Raworth.

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS

Item 9.2.1 – Drainage Works – 18 Bull Street, Maitland – File No DA04-4805 The General Manager advised that the recommendation had been revised in regard to Item 9.2.1 – Drainage Works - 18 Bull Street, Maitland, to cover the other affected properties in Bull Street, Maitland. A copy of the revised recommendation was distributed to all Councillors (see Item 9.2.1 for revised recommendation).


Page 3

9 OFFICERS REPORTS

9.1 GENERAL MANAGER

9.1.1 2005/2008 MANAGEMENT PLAN

File No: 35/33/11

Attachment Public Submission Maitland City Tennis Club Submission

Responsible Officer: David Evans General Manager

Author: Leanne Harris Manager Strategic Services

EXECUTIVE SUMMARY In accordance with the Council resolution of the 3rd May 2005, exhibition of the Draft Management Plan for 2005/2008 has been completed. This report discusses the results of the public consultation process and recommends Council proceed with the adoption of the Plan. The adoption of the Management Plan for 2005/2008 is a mandatory requirement for Council to meet its legal obligations under the Local Government Act, 1993 and to continue to provide services to the community for the year ahead.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. In accordance with Section 406 of the Local Government Act (1993), the 2005/2008 Management Plan be adopted by Council.

2. Council adopt the Revenue Policy for 2005/06 as annexed to the Management Plan which includes a general rate increase of 3.5% as approved by the Minister for Local Government.

3. Council approve the raising of the following loans:

a) $630,000 for specific capital works, including road, bridge access and drainage works during 2005/06

b) $685,000 for Stage 3 Depot Improvement works during 2005/06


2005/2008 Management Plan (Cont.)

Page 4

c) $1,125,000 for implementation of the Cultural Precinct Masterplan, when required in the future and authorise the affixing of the Council Seal to all documents relating to the loans.

Moved Clr Fairweather, Seconded Clr Woods

CARRIED


Page 5

9.2 SERVICE PLANNING AND REGULATION

9.2.1 DA 04-4805 DRAINAGE WORKS - 18 BULL STREET, MAITLAND RECOMMENDATION: APPROVAL

File No: DA 04-4805 Attachments(2) Locality Plan

Public Submissions

Responsible Officer: David Simm Manager - Development & Environment Author: Rebecca Moroney Senior Development Planner Applicant: Maitland City Council Proposal: Drainage Rectification Works Location: Maitland Zone: 1(a) Prime Rural Land 3(b) Supporting Business

EXECUTIVE SUMMARY Development consent is sought from Council for Drainage Works at 18 Bull Street Maitland. The subject land is zoned 1(a) and 3(b) under the Maitland Local Environmental Plan, 1993. Drainage Works is a permissible form of development in the 1(a) Prime Rural Land 3(b) Supporting Business Zones with Council consent and is consistent with the objectives of the zone.

OFFICER'S RECOMMENDATION THAT:

04-4805 for Drainage Works on 18 Bull Street, MAITLAND be approved, subject to the conditions of consent set out in the attached schedule.

PROCEEDINGS IN BRIEF Revised Officer’s Recommendation (as advised by General Manager in Item 8): THAT: DA04-4805 for Drainage Works on: Lot 8 Section A, 18 Bull Street, Maitland Lot 3 DP 524534, 20 Bull Street, Maitland Lot 1 DP 112578, 22A Bull Street, Maitland


04-4805 Drainage Works 18 Bull Street MAITLAND (Cont)

Page 6

Lot 5 DP 997003, 24 Bull Street, Maitland Lot 150 DP 1027389, 26 Bull Street, Maitland be approved subject to the Conditions of Consent set out in the attached schedule. A motion was moved that the matter be deferred pending an on-site inspection.

Moved Clr Casey, seconded Clr Meskauskas

An amendment was moved that the revised Officer’s Recommendation be adopted.

Moved Clr Procter, seconded Clr Garnham

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

Moved Clr Procter, seconded Clr Garnham

COUNCIL RESOLUTION

THAT: DA04-4805 for Drainage Works on: Lot 8 Section A, 18 Bull Street, Maitland Lot 3 DP 524534, 20 Bull Street, Maitland Lot 1 DP 112578, 22A Bull Street, Maitland Lot 5 DP 997003, 24 Bull Street, Maitland Lot 150 DP 1027389, 26 Bull Street, Maitland be approved subject to the Conditions of Consent set out in the attached schedule. Moved Clr Procter, Seconded Clr Garnham

CARRIED



Page 7

SCHEDULE OF CONDITIONS Schedule of Conditions DA 04-4805 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.

2 Approval is given under section 256(1)(b) of the Water Management Act 2000 to the proposed construction works. This approval lapses if the development is not completed within 24 months from 17 February 2005.

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.

3 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.

4 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

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

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

so as not to cause a nuisance to adjoining properties.

6 If the work:



Page 8

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.

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

9 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.



Page 9

10 Where a lot has frontage to existing concrete foot paving or a cycle path

within the footpath, the location of the proposed vehicular driveway access is to be identified and the concrete paving removed over the width of the access. Access to the site by 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.

11 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.

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.

12 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.


Page 10

9.2.2 DA05-260 MEDIUM DENSITY HOUSING LOT 155-157 DP 1064493 24, 26 AND 28 HIBISCUS CRESCENT, ABERGLASSLYN RECOMMENDATION: APPROVAL

File No: DA 05-260 Attachments (3): Locality Plan

Development Plans Public Submissions

Responsible Officer: David Simm Manager Development and Environment Author: Tracey LeBrun Town Planner Applicant: Thomas Paul Constructions Pty Ltd Proposal: Medium Density Housing - 7 Dwellings Location: Lot 155-157 DP 1064493, 24, 26 and 28 Hibiscus

Crescent Aberglasslyn Zone: 2(a) Residential

EXECUTIVE SUMMARY Development consent is sought from Council for Medium Density Housing – Seven (7) Dwellings at Lots 155-157 DP 1064493, 24, 26 and 28 Hibiscus Crescent Aberglasslyn. 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. The proposal generally complies with the provisions of Development Control Plan (DCP) 22 Lower Hunter Urban Housing. The proposal was publicly exhibited for a period of 14 days under DCP 37 Advertising and Notification of Development Applications. One letter of objection was received. The issues raised from public exhibition are discussed as are potential impacts from the development. The proposal has been assessed with regard to relevant Section 79C Environmental Planning and Assessment Act 1979 heads of consideration, and, is recommended for approval subject to attached conditions of consent.


DA05-260 Medium Density Housing Lot 155 DP 1064493 24 Hibiscus Crescent Aberglasslyn (Cont)

Page 11

OFFICER’S RECOMMENDATION/COUNCIL RESOLUTION THAT DA05-260 for Medium Density Housing on Lot 155-157, DP 1064493, 24, 26 and 28 Hibiscus Crescent Aberglasslyn be approved, subject to the conditions of consent set out in the attached schedule.

Moved Clr Humphery, Seconded Clr Way

CARRIED



Page 12

SCHEDULE OF CONDITIONS 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 The proposed development is to be carried out strictly in accordance


3 The allotments are to be consolidation prior to issue of the Construction Certificate.

4 A revised site plan is to be prepared which addresses the following matters prior to issue of the Construction Certificate:

• Privacy fencing for Unit 1 is to be amended as indicated in “red ink” on the plans;

• Fencing adjoining the assigned visitors car parking and privacy fencing shall be a minimum of 1.8 metres in height;

• Fencing treatments at the northern boundary of the subject land adjoining Lot 1 DP 1039649 is required to be rural post and rail and/or post and wire and must not have any cladding;

• Fencing details for privacy fencing facing the Hibiscus Crescent frontage and internal within the site for Units 1 and 7 are to be provided for approval prior to issue of the Construction Certificate. A combination of softer treatments of timber and masonry are recommended;

• Dense screen plantings shall be established on the northern boundary of the site consisting of advanced species;

• Double bin pads are to be provided per dwelling in the private back yards;

• Units 5 and 6 must be provided with a gate access to the common driveway;

• Elevational detail is to be provided in relation to all retaining walls to be used in the development.

• A concrete path for bin delivery shall be provided for Unit 5 to the common driveway;

• Ramps and garage door widening will be provided where relevant for Units 3 and 4 for smooth and accessible bin delivery through the garages to the common driveway; and,



Page 13

• Privacy screening is required to be erected screening windows on

the frontage of Unit 3 adjoining a visitor car space. 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.

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

Parking Policy adopted 14th October, 1986. For the subject application the required car parking has been assessed at a minimum of seven (7) spaces for residents and two (2) visitor spaces. A total of nine car spaces are required for the development.

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

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.

7 A detailed landscape plan is to be prepared and submitted for approval

prior to the issue of a Construction Certificate. This plan is to indicate the location of all paved and landscaped areas, type of species to be planted, and is to state the mature height and spread of all proposed trees, shrubs and ground covers.

8 The landscaped area of the development is to be maintained at all times in accordance with the approved landscape plans.

9 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.

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.

10 A colour scheme is to be prepared and submitted to Council giving full

detail of the colour and character of all external building materials and finishes to be used. This colour scheme is to incorporate the total facade of the building, including the area below the awning Colour scheme details are to be included in the Construction Certification.



Page 14

11 Mixture of unobtrusive colour tones to be used in the external colour

scheme. 12 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.

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.

13 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) . 14 Consultation with and compliance with the requirements of the Hunter

Water Corporation. A Compliance Certificate from the Hunter Water Corporation shall be submitted to Council prior to issue of the Construction Certificate. Application for the Compliance Certificate shall be made direct to the Hunter Water Corporation.

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.

15 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 $3,448 2. Recreation & Open Space $1,340 3. Cycleway $ 316 5. Urban Roads $ 132 6. Administration $ 396 West Sector $1,508 TOTAL $7,140.00



Page 15

NOTE: The above rates are effective from 1st January 2005, 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.

16 Prior to Council’s assessment of an ‘On-site Detention” proposal for the Construction Certificate, a Drainage Plan Assessment Fee of $461, based on Council’s current Fees and Charges Schedule, shall be paid.

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.

17 Provision of a distinguishing number approved by Council and clearly

visible from the street. 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.

18 Prior to issue of the Occupation Certificate, all driveway access and

drainage works shall be carried out in accordance with the consent, the Construction Certificate and Council's Manual of Engineering Standards.

19 Prior to issue of the Construction Certificate, driveway profiles showing existing and proposed surface levels that comply with Council’s standard drawings SD009 & SD011, (based on SD062 & SD063), and being compatible with the sites drainage system, shall be approved by the Principal Certifying Authority.

20 Prior to issue of the Occupation Certificate, a heavy duty vehicular footpath crossing shall be constructed as a full width concrete slab in accordance with the design criteria contained in Maitland City Council Standard Drawings SD005, SD006, SD008, SD009 and SD014 and approved driveway profiles. Concrete shall be 150mm thick and doubly reinforced with two layers of SL72 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.



Page 16

21 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.

22 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.





23 Prior to issue of the Construction Certificate, full engineering details for

on-site stormwater detention shall be prepared by an engineer and approved. The detention is to have a minimum stored volume of 16.5 cubic metres with a permissible site discharge of 38 litres per second and the design is to be based on the concept plan submitted with the development application and designed in accordance with the consent and Council's Manual of Engineering Standards. 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.

24 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.

25 Prior to issue of the Occupation Certificate, the drainage system shall be constructed in accordance with the approved design and Council’s Manual of Engineering Standards. Any variations shall be verified by Work-As-Executed drawings prepared by an Engineer. A copy of the drawings shall be submitted to Council.



Page 17


effects of sediment and erosion during construction 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.

Standard Building Conditions Reason: The objectives of the following conditions is to draw to the attention of the applicant and


27 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.

28 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.

29 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



Page 18

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 30 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.

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

DEMOLITION 32 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 33 The completed building is to have a drainage system so that:

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

34 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.



Page 19

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 35 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 36 The owner of the property is to ensure that any structure, including a

retaining wall, is constructed: 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 37 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. 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 38 Before a building is occupied, an approval from Hunter Water

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

CONSTRUCTION WORKS 39 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.

40 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.



Page 20

GENERAL 41 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.

42 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 44 The site is to be cleared of all building refuse and spoil immediately after

completion of the building/structure. 45 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.

46 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.



Page 21

C The external walls to Units 2 and 3, where the distance between the

proposed buildings is less than 1800mm, shall achieve an FRL of not less than 60/60/60 for the length of each wall where the distance is less than 1800mm. This shall include the returns of each wall where the distance is less than 1800mm.

D The fire separating walls between proposed Units 1 & 2, and 3, 4 & 5, 6 & 7, shall extend to the under side of the roof covering and into the eave space.

E Mechanical ventilation shall be provided to the proposed en-suites and laundries where natural ventilation is not provided. The roof space is to be adequately ventilated where the mechanical ventilation exhausts into the roof space.


Page 22

9.2.3 05-761 DUAL OCCUPANCY & SUBDIVISION LOT 515 DP 1055277, 20 ELKIN CLOSE, RAWORTH RECOMMENDATION: APPROVAL

File No: DA 05-761 Attachments: Locality Plan

Development Plans Submissions

Responsible Officer: David Simm Manager - Development & Environment Author: Rebecca Moroney Senior Town Planner Applicant: Masterton Homes Proposal: Dual Occupancy and Subdivision Location: Raworth Zone: 2(a) Residential

EXECUTIVE SUMMARY Development consent is sought from Council for Dual Occupancy & Subdivision at Lot 515 DP 1055277, 20 Elkin Close, Raworth. The subject land is zoned 2(a) Residential under the Maitland Local Environmental Plan, 1993. Dual Occupancy & Subdivision are permissible forms of development in the 2(a) Residential Zone with Council consent and are consistent with the objectives of the zone. The application and associated plans were advertised and notified in accordance with Council policy for a period of fourteen days from 14 March 2005 to 31 March 2005. As a result of the notification process, a total of 7 submissions (including a petition with 66 signatures) were received.

OFFICER’S RECOMMENDATION/COUNCIL RESOLUTION THAT: DA 05-761 for Dual Occupancy & Subdivision on Lot 515 DP 1055277, 20 Elkin Close, Raworth be approved, subject to the conditions of consent set out in the attached schedule.

Moved Clr Power, Seconded Clr Procter

CARRIED


05-761 Dual Occupancy & Subdivision Lot 515 DP 1055277, 20 Elkin Close, Raworth (Cont)

Page 23

SCHEDULE OF CONDITIONS

Schedule of Conditions DA 05-761 COMPLIANCE Reason: The following condition(s) have been applied to confirm and clarify the terms of


to occupancy of the proposed development.






Confirmation prior to commencement of construction work)

4 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.






Page 24

5 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 $862 2. Recreation & Open Space $335 3. Cycleway $79 4. Bushfire Services $n/a 5. Urban Roads $33 6. Administration $99 Sector $370 TOTAL $1,778 NOTE: The above rates are effective from 1st January 2005, 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.

6 Prior to Council’s assessment of an ‘On-site Detention” proposal for the Construction Certificate, a Drainage Plan Assessment Fee of $378, based on Council’s current Fees and Charges Schedule, shall be paid.



7 A final plan of survey and three (3) copies shall be submitted to Council

for endorsement by the Council.

8 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 $220.00).

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




Page 25



10 Prior to issue of the Construction Certificate, driveway profiles showing

existing and proposed surface levels that comply with Council’s standard drawings SD009 & SD011, (based on SD062 & SD063), and being compatible with the site’s drainage system, shall be approved by the Principal Certifying Authority. Any variation to the standards may only occur with separate approval by Council.

11 Prior to issue of the Occupation Certificate, vehicular footway crossings

shall be constructed as full width concrete slabs, in accordance with Council’s standard drawings SD005 to SD012 and SD014. 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.

12 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.








Page 26


on-site stormwater detention shall be prepared by an engineer and approved. The detention is to have a minimum stored volume of 5.0 cubic metres with a permissible site discharge of 14 litres per second and the design is to be in accordance with the consent and Council's Manual of Engineering Standards. 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.

15 Prior to issue of the Occupation Certificate, the drainage system shall be

constructed in accordance with the approved design and Council’s Manual of Engineering Standards. Any variations shall be verified by Work-As-Executed drawings prepared by an Engineer. A copy of the drawings shall be submitted to Council.


effects of sediment and erosion during construction 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.

STANDARD GENERAL PROVISIONS – DWELLING DA ONLY Reason: The objectives of the following conditions are 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.

17 A CONSTRUCTION CERTIFICATE IS TO BE OBTAINED PRIOR TO

COMMENCING CONSTRUCTION WORKS.

18 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.

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



Page 27

20 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 ii) is shown to be at least equivalent to the deemed to satisfy

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

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

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

23 The owner should note that the issue of 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 this consent which results in the incurring of any loss or damage by way of breach of the covenant will not be the responsibility of Council.

24 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.

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

26 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.



Page 28

27 (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:

(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, sufficient evidence that the person has complied with the requirements of that part.

28 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.



Page 29

29 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.

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.

30 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

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

31 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.

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

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:



Page 30

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.

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 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


35 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.

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



Page 31

37 No building materials, refuse or spoil are to be deposited, or be allowed

to remain, on Council’s footpath.

38 Soil erosion and sediment controls are to be provided in accordance with Council’s policy prior to and during the construction of the proposed development.

39 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.


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.

41 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.

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

43 Hours of Work: 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.



Page 32

44 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 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.

45 Concrete kerb laybacks are to be constructed in accordance with Council’s Standard Drawing SD6 or SD7.

46 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 SD5, SD8 and SD9. Concrete shall be 125mm thick, reinforced with SL72 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. The vehicle access crossing is to be constructed prior to occupation of the dwelling.

47 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.


Page 33

9.2.4 DA 04-1871 DEMOLITION AND MEDIUM DENSITY HOUSING - 12 UNITS PLUS RESIDENTIAL SUBDIVISION (2 LOTS INTO 3 LOTS) LOTS A & B DP 388671, 8-10 EURIMBLA STREET, THORNTON RECOMMENDATION: APPROVAL

File No: DA 04-1871 Attachments: Locality Plan


Responsible Officer: David Simm Manager Development & Environment Author: Tracey Le Brun Town Planner Applicant: Toner Design Pty Limited Proposal: Demolition and Medium Density Housing - 12

Units plus Residential Subdivision (2 Lots into 3 Lots)

Location: Lots A & B DP 388671, 8-10 Eurimbla Street, Thornton

Zone: 2(a) Residential

EXECUTIVE SUMMARY Development consent is sought from Council for Demolition and Medium Density Housing - 12 Units plus Residential Subdivision (2 Lots into 3 Lots) at Lots A and B DP 388671, 8-10 Eurimbla Street, Thornton. Two existing dwellings are to be demolished and replaced by new dwellings, with ten additional dwellings proposed on the subject land. The subject land is zoned 2(a) Residential under Maitland Local Environmental Plan, 1993. Demolition, Medium Density Housing and Subdivision are permissible forms of development in the 2(a) Residential Zone with Council consent and is consistent with the objectives of the zone. The proposal complies with the provisions of Development Control Plan (DCP) 22 Lower Hunter Urban Housing and DCP 33 Subdivisions. The proposal was publicly exhibited for a period of 14 days under DCP 37 Advertising and Notification of Development Applications. Thirteen letters of objection and a petition with 58 signatures were received. Issues raised from public exhibition are discussed under Section 79C(1)(d) below. Potential impacts from the development range from urban density, design, traffic and parking, provision of public facilities and services including utility services, and drainage. These issues are discussed under Section 79C(1)(b) Likely Impacts below.


DA 04-1871 Medium Density Housing - 12 Units plus Residential Subdivision (2 Lots into 3 Lots) Lots A & B DP 388671, 8-10 Eurimbla Street, Thornton (Cont)

Page 34

The proposal has been assessed with regard to relevant Section 79C Environmental Planning and Assessment Act 1979 heads of consideration and is recommended for approval subject to attached conditions of consent.

OFFICER’S RECOMMENDATION/COUNCIL RESOLUTION THAT:

DA 04-1871 for Demolition and Medium Density Housing - 12 Units plus Residential Subdivision (2 Lots into 3 Lots) on Lots A & B, DP 388671, 8-10 Eurimbla Street, Thornton be approved, subject to the conditions of consent set out in the attached schedule.

Moved Clr Fairweather, seconded Clr Geoghegan

CARRIED



Page 35



to occupancy of the proposed development. 2 The proposed development is to be carried out strictly in accordance




3 A final plan of survey and three (3) copies shall be submitted to Council

for endorsement by the Council. CARPARKING Reason: The following condition(s) have been applied to ensure the provision of adequate parking


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

Parking Policy adopted 14th October, 1986. For the subject application the required car parking has been assessed at a minimum of fifteen (15) car spaces for tenants and two (2) visitor spaces. A total of seventeen car spaces is required for the development.

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

6 All parking and loading/unloading bays, truck docks, driveways and turning areas are to be maintained clear of obstructions and under no circumstances are to be used for the storage of goods or waste materials.

7 All parking and loading bays shall be permanently marked out on the pavement surface, with loading bays being clearly indicated by means of appropriate signage.



Page 36



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

in accordance with the approved landscape plans. 9 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.

10 All fencing behind the building line and used for privacy purposes must be a minimum of 1.8 metres in height.

11 The landscape plan is to be amended to provide thicker tree plantings in the common landscaped area adjoining the visitor parking area and the drainage reserve.

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



12 A colour scheme is to be prepared and submitted to Council giving full

detail of the colour and character of all external building materials and finishes to be used. This colour scheme is to incorporate the total facade of the building, including the area below the awning Colour scheme details are to be included in the Construction Certification.

13 The colour scheme is to utilise non-obtrusive colours and provide contrast to visually reduce the bulk and scale of the development.

14 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.

15 Privacy screening is to be erected screening windows on Units 1 and 2 facing the central driveway.

16 Obscure window treatments are to be used on bathroom and windows on the units.



Page 37





Confirmation prior to commencement of construction work). 18 Water and sewerage facilities are to be provided to each allotment within

the proposed subdivision. 19 A Certificate under Section 50 of the Hunter Water Corporatisation Act,

1991, shall be obtained prior to issue of both the Construction Certificate and the Subdivision Certificate. Applications for Section 50 Certificates are to be made direct to the Hunter Water Corporation.




20 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 $220.00)

21 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 $1,381 2. Recreation & Open Space $ 537 3. Cycleway $ 126 5. Urban Roads $ 54 6. Administration $ 154 East Sector $ 596 TOTAL $2,848/lot



Page 38

NOTE: The above rates are effective from 1st January 2005, 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 either the issue of the Construction Certificate or the release of the Subdivision Certificate. The Section 94 monetary contribution required to be paid to Council prior to issue of the Construction Certificate will involve payment in relation to ten additional dwellings on the subject land being $28,480.00.

22 A house numbering fee of $10.00 is required to be paid to Council prior to the release of the Subdivision Certificate, for the allocation of house numbering being $10.00 per residential allotment.

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.

23 House numbers for all proposed lots will be allocated by Council when

the final plan of survey has been endorsed. 24 Provision of a distinguishing number approved by Council and clearly

visible from the street. 25 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.

Standard Building Conditions Reason: The objectives of the following conditions is to draw to the attention of the applicant and


26 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.



Page 39

27 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.

28 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 29 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



Page 40

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.

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

DEMOLITION 31 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.

CUT & FILL 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 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 33 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 34 The owner of the property is to ensure that any structure, including a

retaining wall, is constructed: 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



Page 41

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

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 35 Before a building is occupied, an approval from Hunter Water

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

CONSTRUCTION WORKS 36 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.


GENERAL 38 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.

39 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.



Page 42

AT THE COMPLETION OF WORKS 40 The site is to be cleared of all building refuse and spoil immediately after

completion of the building/structure. 41 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.

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

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




44 Prior to issue of the Construction Certificate, driveway profiles showing existing and proposed surface levels that comply with Council’s standard drawings SD009 & SD011, (based on SD062 & SD063), and being compatible with the site’s drainage system, shall be approved by the Principal Certifying Authority.

45 Prior to issue of the Occupation Certificate, light duty vehicular footway crossings shall be constructed for the dwellings that front Eurimbla Street. The driveways are to be constructed as full width concrete slabs, in accordance with Council’s standard drawings SD005 to SD012 and SD014 and approved driveway profiles. 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.



Page 43

46 Prior to issue of the Occupation Certificate, a heavy duty vehicular

footpath crossing shall be constructed for the ten dwellings at the rear of the site. The driveway is to be constructed as a full width concrete slab in accordance with the design criteria contained in Maitland City Council Standard Drawings SD005, SD006, SD008, SD009 and SD014 and approved driveway profiles. The invert of the existing kerb and gutter is to be sawcut and the new heavy duty crossing concrete slab is to be dowelled to the existing gutter using Y12 tie bars, 300mm in length at 450mm centres. Concrete shall be 150mm thick and doubly reinforced with two layers of SL72 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.

47 The first 6 metres length of the internal driveway entry from Eurimbla Street is to be a minimum 5 metres total driveway width to permit simultaneous entry and exit of vehicles from the public roadway. The driveway is to be constructed to Maitland City Council’s Manual of Engineering Standards. Finish shall be broom finished plain concrete only, unless some other finish has been specified in the Development Application.

48 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.


50 Existing gutter inverts that are no longer required are to be sawcut full depth along the invert of the existing kerb and gutter and the replacement kerb dowelled to the existing gutter and the adjacent footpath reinstated with turf and topsoil.



Page 44






on-site stormwater detention shall be prepared by an engineer and approved. The design is to be generally based on the concept plan by Geoff Craig and Associates, number 05154, sheet 01 dated 13.05.05 submitted with the development application and designed in accordance with the consent and Council's Manual of Engineering Standards.

52 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 public reserve. The dispersal pits/systems are to be contained wholly within the development site; no constructed works are permitted within the reserve at the rear of the site. Detailed plans of the proposed dispersal systems are to be submitted to Council for approval prior to the release of the Construction Certificate.

53 Council will conduct quality control inspections during construction of the dispersal drainage pit(s) in order to assess satisfactory compliance with Council’s construction standards and to ensure all constructed works are contained wholly within the development site. 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.

54 Prior to issue of the Occupation Certificate, the drainage system shall be constructed in accordance with the approved design and Council’s Manual of Engineering Standards. Any variations shall be verified by Work-As-Executed drawings prepared by an Engineer. A copy of the drawings shall be submitted to Council.

55 The site and its surrounding environs are to be protected from the effects of sediment and erosion during construction 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.



Page 45

56 It will be necessary to ensure that all stormwater drainage lines and

services are contained wholly within each individual lot. If these lines or services traverse adjoining Lots it will be necessary to create easements over them in favour of the Lot benefited. Such easements are to be suitably described in the 88B Instrument.

57 A Restriction As To User is to be created to protect the detention systems and should be worded similar to the following. “No building shall be erected or permitted to remain on any lot burdened unless in conjunction with such building a stormwater detention system is provided in accordance with the requirements of Maitland City Council and maintained in good working order at all times and such stormwater detention system is not to be removed or altered without the express permission of Maitland City Council”. The Restriction is to be noted on the plan of survey and be suitably described in the 88B Instrument.

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.


Page 46

9.2.5 DA 00-1359 RECREATION FACILITY LOT 4100 DP 1058383 SOMERSET DRIVE, THORNTON RECOMMENDATION: APPROVAL

File No: DA 00-1359 Attachments (3) Locality Plan


Responsible Officer: David Simm Manager - Development & Environment Author: Rebecca Moroney Senior Town Planner Applicant: Somerset Estate Pty Ltd Proposal: Open Space Facilities Location: Thornton Zone: 1(b) Second Rural Land 2(a) Residential 7(a)

Environmental Protection Wetlands 7(b) Environmental Protection Buffer

EXECUTIVE SUMMARY Development consent is sought from Council for Open Space/Recreation Facilities at Lot 4100 DP 1058383 Somerset Drive, Thornton. The subject land is zoned 1(b), 2(a), 7(a) and 7(b) under the Maitland Local Environmental Plan, 1993. Recreation Facility is a permissible form of development in the 1(b) Second Rural Land 2(a) Residential 7(a) Environmental Protection Wetlands 7(b) Environmental Protection Buffer Zone with Council consent and is consistent with the objectives of the zone. The application was advertised and notified in accordance with Council’s policy from 15 November 2004 to 14 December 2004 and received two submissions. The issues raised in these submissions have been addressed in a revised design of the proposed development.

OFFICER’S RECOMMENDATION/COUNCIL RESOLUTION THAT DA 00-1359 for Recreation Facility on Lot 4100 DP 1058383 Somerset Drive, Thornton be approved, subject to the conditions of consent set out in the attached schedule.

Moved Clr Keating, seconded Clr Power

CARRIED


DA 00-1359 Recreation Facility Lot 5260 Somerset Drive Thornton (Cont)

Page 47



to occupancy of the proposed development.


STANDARD GENERAL PROVISIONS Reason: The objectives of the following conditions are 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.

3 The applicant is required to submit to Council Notice of Commencement

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

4 It is the Applicants responsibility to ensure compliance with the requirements of the Disability Discrimination Act, 1992 (DDA). Note: Compliance with the Building Code of Australia does not necessarily meet the requirements of the DDA.

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

performance requirements of the BCA for a Class 9b 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



Page 48

c) a combination of a) or b).

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

of the Building Code of Australia.

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 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 Council and 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 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.

10 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.

11 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 4 of the Environmental Planning and Assessment Regulation, 2000.



Page 49

12 A sign must be erected in a prominent position on the work site: (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


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

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

15 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.


BUILDING ACCESS & EGRESS Reason: The objectives of the following conditions are to ensure that a building is designed and

constructed to provide adequate means of escape in the case of fire or other emergency, exits are constructed to provide safe passage from a building and to provide reasonable provision to facilitate access and circulation by people with disabilities.

17 Access for disabled persons must be provided in accordance with DP1,

DP2, and DP8 of the Building Code of Australia. Compliance with Part D3 of the Building Code of Australia satisfies this requirement. All elements are to meet the requirements of Australian Standard AS1428.1 "Design for Access & Mobility".



Page 50



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

in accordance with the approved landscape plans.

19 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.

20 The preservation of all trees within the proposed development 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.

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


21 All parking and loading/unloading areas, aisles and turning areas shall be maintained clear of obstructions, and shall not be used for the storage of goods or waste materials.

22 All parking and loading areas shall be permanently marked on the pavement surface, and with appropriate signposting where necessary.

23 The proposed vehicle parking area shall cater for bus/coach manoeuvres and parking.





Confirmation prior to commencement of construction work)



Page 51

25 A Certificate under Section 50 of the Hunter Water Act, 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.

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



26 The proposed development is to be constructed in accordance with the

Colour Scheme submitted as part of the Development Application. In this regard the colours are as follows:

Bricks: PGH Coral Roof: Colorbond Windspray Gutter, Fascia, Down Pipes: Colorbond Windspray Windows: Interpon Notre Dame Roller Doors (custon orb): Colorbond Windspray Servery (mini orb): Colorbond Windspray Infill Panel To match Interpon Notre Dame Posts: To match Interpon Notre Dame Quoining: Taubmans Rich Clay Entry Doors: To match Interpon Notre Dame

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 loss of amenity. 27 Vandal proof lighting shall be provided to all public areas in accordance

with the relevant Australian Standard.

28 There is to be no interference with the amenity of the area by reason of the emission of excessive light.

FOOD PREMISES Reason: The objective of the following conditions is to draw to the attention of the applicant and

owner their responsibilities to comply with the various requirements of the Food Act, 2003, Food Regulation 2004 and Australian Standard 4674-2004, Design Construction and Fit-Out of Food Premises.



Page 52

29 The premises is to be fitted out in accordance with the requirements of

Australian Standard 4674-2004, Design Construction and Fit-Out of Food Premises and any other relevant legislation.

30 Walls of all food premises, including food preparation areas, kitchens, sculleries, food serveries, food display and food storage areas shall be of solid construction.

31 In all food premises and the like walls shall be finished to a height of 2

metres above floor level with glazed tiles, stainless steel, laminated plastics or similar approved impervious material adhered directly to the wall.

32 The wall finish between the top edge of the wall tiling and the ceiling is to

be finished flush to the tiling or other approved surface or splayed with an impervious material so as not to form a ledge upon which dust or grease can accumulate.

33 Walls where not tiled 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.

34 The intersection of floors with walls and exposed plinths shall be coved. The radius of the curve is to be not less than 38mm.

35 In food preparation areas and the like floors are to be constructed of materials which are impervious, non-slip, non-abrasive, resistant to chemicals, and capable of withstanding heavy duty operation. Suitable flooring includes ceramic tiles, impermeable cement render or similar topping over concrete, quarry tiles, magnesite, commercial grade vinyl sheeting with welded joints, or other approved material laid to the manufacturer’s specifications.

36 The floor finish is to be smooth and even, free of surface protrusions that

will prevent easy cleaning, graded and drained where necessary to floor wastes.

37 Floor tiles are to be butt joined or alternatively the open joints are to be

epoxy grouted.



Page 53

38 Ceilings shall be provided over food preparation, display and storage

areas. Ceilings are to be constructed of a rigid smooth faced, non-absorbent material and may include fibrous plaster, plasterboard, fibrous cement, cement render or other approved material painted with a washable gloss paint of light colour.

39 The ceiling surface shall be free of open joints cracks, crevices or

openings in which grease, vapours or vermin may collect. 40 The intersection of the walls and ceiling are to be tight jointed, sealed

and dust proof.

41 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.

42 Window openings in food preparation areas are to be designed and constructed with the window sills at not less than 450mm above the top of the bench, table or equipment where splashing is likely to occur.

43 Window and door architraves are not permitted.

44 Removable fly proofing shall be provided to all openings.

45 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.

46 All openings in walls, floors and ceilings through which service pipes and the like, pass, shall be made vermin proof.

47 Cavities, false bottoms and similar hollow spaces capable of providing access and harbourage for vermin are not permitted.

48 Counter and bar tops may be constructed in solid core timber or similar timber sheeting glued and jointed in an approved manner.

49 All exposed surfaces of the bar top or counter are to be finished with a

smooth impervious material.



Page 54

50 A separate storage area is to be provided for the storage of cleaning

equipment, chemicals and personal items.

51 The installation of grease traps within kitchens and food preparation areas is not permitted.

52 The refrigeration equipment an all associated fittings are to be installed in such a manner that the refrigeration system is capable of operating without causing a noise or vibration nuisance.

53 Cabinets and equipment are to be supported on castors, solid plinths,

legs or brackets or framework. 54 Cabinets and equipment may be fitted against the wall provided all joints

formed between the back of the cabinet and the wall are suitably sealed to prevent the access of vermin.

55 Where cabinets and equipment are kept clear of walls or other fixtures

they shall comply with the following: i. cabinets and equipment up to 6m in length are to be kept to

a minimum of 200mm clear of the wall; ii. where cabinets and equipment exceed 6m in length or

cabinets are installed as a continuous run of more than 6m, a minimum space of 400mm is to be provided between the rear of the cabinet and the wall.

56 Cabinets and equipment are to provide a minimum clearance of 150mm between the underside of the equipment and the floor. The bracket, legs or supports are to be constructed of non-corrosive solid or tubular metal or moulded plastic. Where open pipes are used, open ends are to be capped or sealed to prevent the access of vermin.

57 Legs, brackets and framework are to be finished smooth and free of

angles, cavities, crevices, ledges and recesses etc, which will permit the lodgement of dust, grease and food particle or provide areas inaccessible for cleaning.

58 Flanges fitted to the base of legs or framework, are to be concealed in

the floor or plinth and shall not be fixed onto the surface of floors or plinths.



Page 55

59 Equipment located on solid plinths shall be effectively sealed and coved.

60 Inaccessible crevices formed by the butting together of fittings or

appliances are not permitted.

61 The following space is provided between fittings: i. at least 75mm for fittings up to 750mm in width; and

ii. for widths over 750mm at least 150mm clear space is required.

The following clearances are to be provided between the wall and the equipment:

i. 200mm where appliances do not exceed 3m in a continuous run, and adequate access to such space is provided at one end;

ii. 400mm where appliances exceed 3m in a continuous run, and access of 300mm is to be provided at both ends;

iii. alternatively, cooking appliances may be butted against walls or other cooking equipment provided all joints between the appliances and the walls are suitably flashed or sealed.

62 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.

63 Salamanders and similar equipment shall not be located directly above cooking appliances where the efficiency of mechanical exhaust will be impaired.

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

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

66 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.



Page 56

67 Cupboards, cabinets and shelving and the backing materials shall be

constructed of smooth impervious materials that are free of joints, cracks, crevices or cavities.

68 Shelving may be free standing or fixed with the lowest shelf being not less than 300mm above the floor level. Shelving is to be kept at least 25mm clear of walls and vertical surfaces.

69 Where direct contact with food may occur, benches in food preparation areas shall be constructed of stainless steel.

70 A free standing hands free hand wash basin shall be provided in an accessible location in the food preparation area. The basin is to be provided with a supply of hot and cold water via a common mixing device and shall be a minimum size of 350mm x 350mm. A liquid soap dispenser and a paper towel dispenser or air dryer are to be provided at the basin.

71 The following washing facilities are to be provided for the cleaning of eating and drinking facilities:

i. a dishwasher and/or glass washer; and/or ii. a double bowl sink. The dishwasher or glass washing machine shall be:

i. fitted with a thermometer which is visible to the operator; and

ii. capable of maintaining not less than 750C for the rinse cycle.

One bowl of the double bowl sink shall be supplied with hot water at a

temperature of not less than 440C for washing, and the other sink with hot water at a temperature of not less than 750C for rinsing. The sinks are to be suitably sized to allow for large utensils to be effectively washed.

A separate sink shall be provided where food stuffs need to be

prepared by immersion in water. Sinks shall be free standing, supported on metal brackets and are

not permitted in timber bench tops.



Page 57

72 Hot water systems must be capable of supplying an adequate hot water

supply at a minimum of 750C.

73 A cleaner’s sink is to be provided for the disposal of waste cleaning water. The sink is to be provided with a supply of hot and cold water and is to be located in a room or space away from food preparation areas.

74 Hot and cold water taps with hose connections are to be provided and installed in a position 600mm above the floor.

75 Internal water closet compartments are to be entered through an air lock. Ventilation is to be provided within the premises and the water closet by natural means or by an approved mechanical ventilating system.

76 Prior to commencement of operations a final inspection is to be undertaken of the premises by Council’s Environmental Health Officer.

77 The premises will be incorporated in Council’s Surveillance Program and will be subject to 3 inspections per annum. The current fee for an inspection is $85.00.

ROADS / TRAFFIC / ACCESS Reason: The following condition(s) have been applied to:

i) ensure that the surrounding roads and footways and proposed access points are designed and constructed to a standard that adequately and safely services the proposed development.

ii) draw to the attention of the applicant and owner their responsibilities to comply with various provisions of the Environmental Planning and Assessment Act; Regulations & Local Policies relating to construction works.

78 The proposed access road shall be constructed to a minimum reduced

level of RL 4.0m AHD. 79 The proposed access road and carpark construction shall consist of a

(bituminous) sealed granular pavement, designed for the tested CBR, for a 40 year life, for the associated predicted ESA value, with all infrastructure facilities, and shall be provided in accordance with Council’s Manual of Engineering Standards.



Page 58

80 The proposed access road shall provide for two-way passing traffic,

employing widening where necessary, catering for bus/coach tracking manoeuvres.

81 The proposed road alignment shall be “shifted” to eliminate the “broken-

back” curve at chainage 130m. STORMWATER DRAINAGE, and EROSION & SEDIMENT CONTROL Reason: The following condition(s) have been applied to ensure that:


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


82 A stormwater drainage system shall be provided, based on the Statement of Environmental Effects (June 2000), in accordance with Council’s “Manual of Engineering Standards”, catering for stormwater quality control in accordance with the DIPNR publication “The Constructed Wetland Manual”, for discharge from the vehicle parking area and playing fields.

83 Potential surface and sub-surface stormwater within the area between

the amenities/parking and the playing field shall be collected and discharged to the water quality control device.

84 The site and its surrounding environs shall be protected from the effects

of erosion (as water and wind borne particles) and off-site “vehicle tracking”, by the application of adequate controls. Details in accordance with Council’s “Manual of Engineering Standards” and the Department of Housing manual, “Managing Urban Stormwater” shall be shown on an Erosion & Sediment Control Plan (ESCP) and submitted for approval as part of the Construction Certificate. All necessary site controls shall be placed and maintained during works. Construction works shall not proceed when it is deemed by the Principle Certifying Authority, or the Consent Authority, that controls are inadequate.

CIVIL CONSTRUCTION CERTIFICATE 85 Prior to issue of the Construction Certificate for the road, carpark and

drainage works, an engineering design shall be prepared in accordance with this consent and Council's Manual of Engineering Standards, for approval.



Page 59

CIVIL CONSTRUCTION WORKS 86 Prior to issue of the Occupation Certificate, all works shall be carried out

in accordance with the consent, the Construction Certificate and Council's Manual of Engineering Standards.

NATIONAL PARKS AND WILDLIFE SERVICE 87 Should Maitland City Council determine to give consent to the

application, consent conditions should require that the strategies contained in the Plan of Management (as viewed by the NPWS) be implemented, particularly those detailed in S10.3 regarding pollution control.



88 The work to which these general terms of approval apply is not to

commence until such time as a formal Permit under Part 3A of the RFI Act has been issued from DLWC.

89 Any Permit subsequently granted is not transferable to any other person

or company and does not allow operations at any other site. The location and nature of any works under this Permit application shall not altered.

90 Any Permit subsequently granted does not give the holder the right to

occupy any land without the owner’s consent nor does it relieve the holder of any obligation which may exist to also obtain permission from Local Government or any other Authorities who may have some from of control over the site of the work and/or the activity proposed.

91 Operations shall not damage or interfere in any way with;

• vegetation outside the area of operation, • the stability of adjacent or nearby wetland bank or bed, or • the quality of water in the wetland.



Page 60

92 All soil and/or vegetation material to be removed from the area of operation shall be disposed to an appropriate site where it cannot be swept back into the wetland.

93 If in the opinion of a DLWC officer any work is being carried out in such a manner as it may damage or detrimentally affect the wetland, or damage or interfere in any way with any work, the operation on that section of the wetland shall cease upon oral or written direction of such officer.

94 If the permit conditions have been breached the Permit holder shall restore the site to the satisfaction of DLWC. If necessary works are not completed then the Permit holder shall pay a fee prescribed by DLWC for the initial breach and all subsequent inspections.

95 The progressive rehabilitation of the area to the satisfaction of DLWC is the responsibility of the Permit holder and owner or occupier of the land.

96 The Permit holder and the owner and occupier of the land are responsible for any excavation or soil removal undertaken by any other person at this site.

97 These general terms of approval are issued with the proviso that operations shall be carried out on freehold land. Should the operations be

• on Crown Land, • by a public authority operating within the lawful activities of its

Act, • on land subject to a mining lease, • located more than 40m from the top of bank or shore of protected

water, • works constructed or installed pursuant to a right exercisable

Under Sections 7 or 22A of the Water Act or Parts 2, 3, 7 or 8 of the Water Act,

This Permit is rendered null and void.

SPECIFIC CONDITIONS – BUILDING CONSTRUCTION

98 An Erosion and Sediment Control Plan shall be prepared in accordance with Maitland City Council’s Erosion and Sediment Control Plan Guidelines. Sediment control measures shall be provided for the duration of works and until the site is stabilised.



Page 61

99 Any stormwater discharge from the site shall not result in erosion or

bank/bed instability and must be adequately managed before entering the natural drainage system.

100 All batters of the proposed playing field must be constructed in the order

of 1 vertical to 4 horizontal. 101 The site must be rehabilitated after construction including revegetation

of all exposed surfaces. 102 During construction no works should occur within 10m of the identified

wetland boundary, so as to minimise the potential for adverse impact to occur.


Page 62

9.2.6 MANUAL OF ENGINEERING STANDARDS

File No: 133/1

Responsible Officer: David Simm Manager Development and Environment

Author: Stephen Punch Principal Planner

EXECUTIVE SUMMARY Council at its meeting of 24th May, 2005 considered a report relating to the adoption of Council’s Manual of Engineering Standards (MES). The report also recommended that amendments to Development Control Plan No.33 – Subdivisions also be formalised to make the necessary referencing to the MES. A number of queries were raised by the Council in regards to the MES and this report meets the commitment given to provide additional information to the Council in relation to the matters raised. It is recommended that Council proceed with the adoption of the Manual of Engineering Standards in its current form.

OFFICER'S RECOMMENDATION THAT Council note the information contained within the report and proceed with the adoption of the Manual of Engineering Standards in the form as presented to Council on 24th May, 2005.

COUNCIL RESOLUTION

THAT Council note the information contained within the report and proceed with the adoption of the Manual of Engineering Standards in the form as presented to Council on 24th May, 2005, with the exception as follows:

The minimum width of roads be 8 metres instead of the 6 or 7 metre widths within the report.

Moved Clr Fairweather, Seconded Clr Garnham

CARRIED


Page 63

9.2.7 EXPANSION OF DELEGATIONS - DEVELOPMENT APPLICATIONS FOR MEDIUM DENSITY HOUSING

File No: 40/1


Author: Brad Everett Group Manager Service Planning & Regulation

EXECUTIVE SUMMARY The purpose of this report is to present to the Council an expansion of the delegations to the General Manager for the purposes of determining a broader range of development applications relating to medium density development.

OFFICER'S RECOMMENDATION THAT

1. The delegations to Council’s General Manager pursuant to Chapter 12, Part 3, Sections 377, 378 and 379 of the Local Government Act, 1993 relating to development applications for medium density development lodged under DCP No 22 be amended as follows:

• To determine a development application by way of approval which is subject to an objection provided the application complies with relevant planning controls under DCP No 22.

• To determine a development application by way of approval which is subject to an objection provided the application complies with relevant planning controls and the matters raised in the submission are addressed by either amendment to the proposal or the imposition of appropriate conditions of consent.

• To determine a development application by way of refusal where the proposal does not comply with the provisions of DCP No 22.

2. In utilising the terms of the delegation, the General Manager shall have due regard to:

The number and type of medium density development applications approved or lodged for approval in the immediate locality of the proposed development.

The scale of the development (in terms of height and bulk) to development in the context of the immediate locality.


Expansion of Delegations - Development Applications (Cont.)

Page 64

Whether or not particular circumstances apply which warrant referral of the application to the Council, such consideration to be at the direction of the General Manager.

3. A report be provided to the Council on a quarterly basis detailing the number and type of applications determined under delegated authority where the applications were the subject of public submissions.

PROCEEDINGS IN BRIEF A motion was moved that the recommendation be adopted with the addition to Point 1 as follows:

these delegations will apply only until:

(a) The adoption of the DCP22 Review; or

(b) The adoption of the LEP changes to the location and density of medium density housing,

but for no longer than a period of 6 months.

and in addition to Point 2 to include the Mayor, ie

Whether or not particular circumstances apply which warrant referral of the application to the Council, such consideration to be at the direction of the General Manager and Mayor

Moved Clr Geoghegan, Seconded Clr Keating

COUNCIL RESOLUTION

THAT

1. The delegations to Council’s General Manager pursuant to Chapter 12, Part 3, Sections 377, 378 and 379 of the Local Government Act, 1993 relating to development applications for medium density development lodged under DCP No 22 be amended as follows:

• To determine a development application by way of approval which is subject to an objection provided the application complies with relevant planning controls under DCP No 22.

• To determine a development application by way of approval which is subject to an objection provided the application complies with relevant planning controls and the matters raised in the submission are addressed by either amendment to the proposal or the imposition of appropriate conditions of consent.


Expansion of Delegations - Development Applications (Cont.)

Page 65

• To determine a development application by way of refusal where the proposal does not comply with the provisions of DCP No 22.

• these delegations will apply only until:

The adoption of the DCP22 Review; or

The adoption of the LEP changes to the location and density of medium density housing,

but for no longer than a period of 6 months.

2. In utilising the terms of the delegation, the General Manager shall have due regard to:

The number and type of medium density development applications approved or lodged for approval in the immediate locality of the proposed development.

The scale of the development (in terms of height and bulk) to development in the context of the immediate locality.

Whether or not particular circumstances apply which warrant referral of the application to the Council, such consideration to be at the direction of the General Manager and Mayor.

3. A report be provided to the Council on a quarterly basis detailing the number and type of applications determined under delegated authority where the applications were the subject of public submissions.

Moved Clr Geoghegan, Seconded Clr Keating

CARRIED


Page 66

9.2.8 RECREATION FACILITIES REVIEW

File No: 129/2

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Judy Jaeger Manager Community and Recreation Services

EXECUTIVE SUMMARY A continuing element and fundamental responsibility of Local Government is to provide and manage adequate public facilities and services at locations which will best service the needs of the community. Maitland City Council is responsible for the planning, building, developing and operating of public recreation and open space within the city. To effectively meet this responsibility, Councillors, Council officers and committee members must be constantly aware of shifting legislative and legal responsibilities, changes in recreation interests, social changes within communities and the increasing knowledge that has been generated through research and reports such as the Maitland Recreation & Open Space Strategy Review. The Recreation Facilities Review has been an extensive process involving community representatives, that seeks to establish sound operational and planning frameworks that can be adapted to locally expressed needs, to local values and interests and to local financial capabilities. Recreation Boards play an important role in the provision of structured recreational activities in the City of Maitland and for this reason, are highly valued by the Council. From a management, financial accountability and public indemnity perspective, it is imperative that roles and responsibilities are identified and adhered to. The development of a comprehensive Sports and Recreation Policy, assisted in the interim by a review of existing Recreation Board constitutions, will create the appropriate framework for which all parties can meet their obligations and thereby ensure the continued quality provision of recreational facilities and opportunities in the City.

OFFICER'S RECOMMENDATION THAT:

1. A Sports and Recreational Policy be developed that clearly outlines roles and responsibilities of stakeholders, a pricing policy and a functional hierarchy for local & district facilities.


RECREATION FACILITIES REVIEW (Cont.)

Page 67

2. As an interim measure, the constitution for Recreation Boards be reviewed with Council responsibilities clearly defined and processes put in place that meet accountability requirements and encourage community involvement and participation.

COUNCIL RESOLUTION THAT: 1. A Sports and Recreational Policy be developed that clearly outlines roles

and responsibilities of stakeholders, a pricing policy and a functional hierarchy for local & district facilities, and the draft Policy be referred to the Recreation Working Group for their consideration;

2. As an interim measure, the constitution for Recreation Boards be reviewed with Council responsibilities clearly defined and processes put in place that meet accountability requirements and encourage community involvement and participation.

Moved Clr Meskauskas, seconded Clr Keating

CARRIED


Page 68

9.2.9 SECTION 94 BUSHFIRE SERVICES EXPENDITURE

File No: 103/41

Attachments: Submission by Rural Fire Services


Author: Leanne Harris Manager Strategic Services

EXECUTIVE SUMMARY This report deals with the expenditure of existing Section 94 funds for Bushfire Services, in accordance with Council’s adopted Section 94 Plan.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council authorise the expenditure of the Bushfire Services Section 94 contributions in accordance with this report.


CARRIED


Page 69

9.2.10 PLAN OF MANAGEMENT - REDBILL DRIVE RESERVE, WOODBERRY

File No: 103/117

Attachment: Plan of Management

Responsible Officer: Leanne Harris Manager City Strategy

Author: Debbie Gordon Strategic Planner

EXECUTIVE SUMMARY Council resolved at their Ordinary meeting of 10 August 2004 to prepare and exhibit a Plan of Management for the site of the Woodberry Family Centre in accordance with the requirements of the Local Government Act 1993. A draft Plan of Management for the Redbill Drive Reserve at Woodberry has been prepared and exhibited and is now referred to Council for adoption.

OFFICER’S RECOMMENDATION/COUNCIL RESOLUTION THAT the draft Plan of Management No. 3 - Redbill Drive Reserve, Woodberry be adopted.

Moved Clr Power, Seconded Clr Way

CARRIED


Page 70

9.2.11 PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 - REZONING OF LAND AT ANAMBAH ROAD, RUTHERFORD

File No: RZ04-010

Attachments: Locality Plan

Responsible Officer: Leanne Harris Manager Strategic Services

Author: Mark Daniels Strategic Planner

EXECUTIVE SUMMARY This report considers a proposal to rezone land at Anambah Road, Rutherford, being the former Rutherford Drive-In site. The proposal involves rezoning the land from 1(b) Secondary Rural to 2(a) Residential. The proposal is consistent with Council’s Urban Settlement Strategy, which identifies the subject land as Category 1 Investigation Area for residential development. This report recommends that Council resolve to prepare a draft local environmental plan (LEP) to rezone the subject land, and to undertake consultation with relevant government agencies and other parties. The report also recommends that should no objections be received during the consultation with government agencies, that Council resolve to place the draft LEP on public exhibition.

OFFICER’S RECOMMENDATION/COUNCIL RESOLUTION THAT

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 602 DP 591149 from 1(b) Secondary Rural to 2(a) Residential.

2. Pursuant to Section 62 of the Environmental Planning and Assessment Act 1979, Council undertake consultation with Government agencies and other parties.

3. Should no concerns or objections be received during the consultation process with relevant Government agencies, Council resolve to publicly exhibit the draft LEP in accordance with Section 66 of the Environmental Planning and Assessment Act 1979.

Moved Clr Way, Seconded Clr Garnham

CARRIED


Page 71

9.2.12 CHILD CARE STUDY

File No: 27/15

Attachments: Executive Summary from the Consultant’s ‘Families at Work’ Child Care Study Report

Responsible Officer: Judy Jaeger Manager Community & Recreation Services

Author: Samantha Ellis Community Lifestyle Planner

* TO BE REVISED

EXECUTIVE SUMMARY This report is to provide Council with an update on Child Care for children 0-16 years across the City in response to suggestions that there is a lack of available child care facilities across the city. The independent Child Care Study Report outlines the trends in child care, identifies current provision of child care across the City and provides some planning tools for child care facilities. The Child Care Study includes twenty-three recommendations that cover the broad areas of “Gaps in service provision”, Barriers preventing access to care”, and “Improvements to child care provision in the Maitland City Council area”.

OFFICER'S RECOMMENDATION THAT

1. Council note the Child Care Study Report

2. Council amends recommendation No. 1 in the Child Care Study Report to Council consider the development of a DCP to ensure that long- day care centres will continue to provide children’s services to 0-2 year olds.

3. Council adopt recommendations 2-23 noted in the Child Care Study Report

COUNCIL RESOLUTION

1. Council note the Child Care Study Report

2. Council amends recommendation No. 1 in the Child Care Study Report to Council consider the development of a DCP to ensure that long- day care centres will continue to provide children’s services to 0-2 year olds.

3. Council adopt recommendations 2-23 noted in the Child Care Study Report.


Child Care Study (Cont.)

Page 72

4. In the development of the DCP, consideration be given to accessible design for children 0-16 with a disability.

Moved Clr Geoghegan, Seconded Clr White

CARRIED


Page 73

9.2.13 ROAD CLOSURE - PART OF WALTER STREET, RUTHERFORD

File No: 122/901

Attachments: Locality Plan

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

Author: Kevin Stein Survey Design Co-ordinator

EXECUTIVE SUMMARY An application for the closure and purchase of part of Walter Street, Rutherford has been made. A revised road layout and approved subdivision resulted in the need to close part of the road.


1. Council agree to close part of Walter Street, Rutherford;

2. Upon closure, the land be classified as operational land and sold to adjoining land owner at a price determined by a registered land valuer;

3. Common Seal be affixed to the plan and documents for the closure of the road and sale of resulting land parcel.


CARRIED


Page 74

9.2.14 PUBLIC LAUNCH OF THE 'MUTUAL' SCHOOL CURRENCY SYSTEM

File No: 140/5

Responsible Officer: Brad Everett Group Manager SP&R

Author: Ken Splatt Traffic Officer

EXECUTIVE SUMMARY East Maitland Public School is seeking approval to temporarily close part of the Maitland Heritage Mall (High Street), on 30 June 2005, to publicly launch the ‘Mutual’, which is a form of currency, to be used in schools to help educate students about finance and the economy.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT

Council approve the following temporary road closure for the launch of the ‘Mutual’ school currency system:

Maitland Heritage Mall (High Street) between Bulwer Street and the Maitland Mutual Building Society, from 10.30am to 12.30pm on Thursday 30 June 2005,

subject to the conditions of the Local Traffic Committee as detailed in the following report, and also subject to objections being received by the close of business on Thursday 16 June 2005.


CARRIED


Page 75

9.3 FINANCE AND ADMINISTRATION

9.3.1 STATEMENT OF INVESTMENTS AS AT 31 MAY 2005

File No: 82/2

Responsible Officer: Graeme Tolhurst Group Manager - Finance and Administration

Author: Stephen Burgess Compliance Accountant

EXECUTIVE SUMMARY The Local Government (Financial Management) Regulation 1999, Section 16 requires Council to report its investments.

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


CARRIED


Page 76

9.3.2 MAKING OF RATES AND CHARGES

File No: 117/3

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Annette Peel Revenue Accountant

EXECUTIVE SUMMARY This report is for Council to make the Rates and Charges for 2005/2006. The rates set out within the report are to increase the total rate income by 3.5% as the maximum allowed by the State Government.

OFFICER’S RECOMMENDATION/COUNCIL RESOLUTION THAT as all conditions relative to Section 532 of the Local Government Act (1993) have been met, Council adopt the rates and charges for the year commencing 1 July 2005 to 30 June 2006 as contained in this report.

Moved Clr Geoghegan, Seconded Clr Casey

CARRIED


Page 77

9.3.3 MAITLAND HEALTH ADVISORY COMMITTEE

File No: 68/1


Author: Graeme Tolhurst Group Manager Finance & Administration

EXECUTIVE SUMMARY The report deals with a request from Hunter New England Area Health Service requesting a Council representative to become part of the Maitland Health Advisory Committee.

OFFICER'S RECOMMENDATION THAT Council determine its representation on the Maitland Health Advisory Committee.

COUNCIL RESOLUTION

THAT Council nominate Clr Meskauskas as its representative on the Maitland Health Advisory Committee.

Moved Clr Keating, Seconded Clr Power

CARRIED


9.3.4 PROPOSED GAS PIPELINE EASEMENT

File No: 63/3

Responsible Officer: GRAEME TOLHURST GROUP MANAGER FINANCE AND ADMINISTRATION

Author: FRANK SHRIMPTON PROPERTY AND RISK MANAGEMENT COORDINATOR

EXECUTIVE SUMMARY Hunter Gas Pipeline Pty Ltd (HGP) plans to construct a high-pressure gas pipeline to supply gas to the Rutherford Industrial Area. HGP is seeking from Council consent to easements for the pipeline to run within the road corridor of Wollombi Road through part of Bishops Bridge and part of Farley.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT:Council resolve:-

1. To accept the compensation offered by Hunter Gas Pipeline Pty Ltd and to consent to the easements requested over land within the road corridor of Wollombi Road from Bishops Bridge to Farley.

2. To approve the endorsement of the Common Seal of Council to the Deed of Agreement and any necessary documents for the registration of the easement.


CARRIED

Page 78


9.4 CITY WORKS AND SERVICES

9.4.1 PROCUREMENT POLICY

File No: 137/2

Responsible Officer: Wayne Cone Group Manager City Works & Services

Author: Richard Minter Manager Projects and Emergency Services

EXECUTIVE SUMMARY Council, at its meeting of 8 March 2005, adopted an updated Procurement Policy that reflected changes to State Government legislation relating to tenders. Advice has since been received regarding tender threshold levels and the Goods and Services Tax (GST) that now requires a further update to the policy to be made.


1. The Procurement Policy adopted 8 March 2005 be rescinded; and

2. Council adopt the Procurement Policy dated 14 June 2005 contained in Annexure A

Moved Clr Way, Seconded Clr Humphery

CARRIED

Page 79


PROCUREMENT POLICY (Cont.)

PROCUREMENT POLICY

File Reference: 137/2 Date Adopted: 24 June 2003 Date Reviewed: 14 June 2005

TABLE OF CONTENTS 1.0 POLICY STATEMENT 81

2.0 DEFINITIONS 81

3.0 GUIDING PRINCIPLES 81

4.0 CONTRACT TYPES 82

5.0 PROCUREMENT REQUIREMENTS 82

6.0 PROCUREMENT PROCESSES 83

6.1 PURCHASES UP TO $25,000........................................................................ 83

6.2 PURCHASES FROM $25,000 UP TO $150,000 ............................................ 84

6.3 PURCHASES $150,000 AND OVER.............................................................. 85

Page 80



1.0 POLICY STATEMENT This policy is to establish procurement guidelines that will ensure the most cost effective and efficient methods are used in the procurement of goods, works and services. This policy reinforces the principle that the maintenance of comprehensive and well documented records is crucial to ensuring that value for money has been obtained and that the procurement process has been conducted with probity and transparency. For any conflicts between this policy and the Local Government Act, the Act prevails.

2.0 DEFINITIONS

“Appropriate person” in relation to a tender submitted to a Council, means a person designated by the General Manager to receive or deal with tenders submitted to the Council and, if a person is not designated, means the General Manager. “Contract” means the written agreement between the Council and the Service Provider. “Project Officer” means the requisitioner of the goods, works or services. “Purchase order” means the authority to the supplier to supply and invoice items called for at the prices shown under Council’s purchase conditions imposed. The purchase order is a legal and binding contractual agreement. “Quotation” means any offer including verbal pricing, bids and consultant proposals for projects under $150,000 and containing any requested information and accompanying documentation. “Tender” means any offer for projects valued $150,000 and over invited and administered in accordance with the Local Government Act and Regulation for tendering and containing any requested information and accompanying documentation. “Tender Panel” means a panel comprising the Project Officer and a minimum of two (2) other appropriate persons for the purpose of assessing and recommending tenders valued at $150,000 and over. “Value for money” means the tender or quotation representing the most cost-effective offer determined by considering price and non-price (e.g. after sales costs, environmental) factors relevant to the proposed contract.

3.0 GUIDING PRINCIPLES The guiding principles for the procurement practices of Maitland City Council are as follows: The procurement process is to be open, fair and consistent and in

accordance with Council’s Code of Conduct, its Occupational Health and Safety and Waste Reduction and Procurement policies and procedures and all other policies and procedures as appropriate.

Page 81



Procurement methods are to encourage competitive procurement of goods,

works and services and maximises the opportunity for local suppliers to be included in the procurement process.

To ensure that funds are spent effectively and economically by taking into account price and non-price factors (such as after sales service, warranty, safety, environmental, repair costs, spare parts, etc). i.e. Value for Money.

Roles and responsibilities for Council Officers in the various aspects of the procurement process are clearly defined.

To comply with the requirements of the Local Government Act (1993) and Regulations.

4.0 CONTRACT TYPES The procedures set out in the remaining part of this document cover all contracts with the exception of the following types that are mentioned in Section 55(1) of the Local Government Act: A contract to carry out work that, by or under any Act, is directed or

authorised to be carried out by the Council, A contract to perform a service or to provide facilities that, by or under any

Act, is directed or authorised to be performed or provided by the Council, A contract for the disposal of property of the Council.

5.0 PROCUREMENT REQUIREMENTS In determining the category into which a particular contract will fall, it is necessary to estimate the probable value of the contract. If there is any possibility that a contract will be of a value that will place it in a higher category than that being contemplated, the procedures relevant to the higher category are to be adopted. General minimum procurement requirements are as detailed in Table 1 below. Note that all dollar values quoted throughout this policy document are inclusive of the Goods and Services Tax (GST) and relate to the total purchase order or total payment value. Table 1

Value of Order/Project Minimum Requirement

Approval Authority

1. Below $8,000 1 x Informal1 Quote Delegated Authority

2. $8,000 to Under $25,000 2 x Informal1 Quotes Delegated Authority

3. $25,000 to Under $150,000 3 x Formal2 Quotes Delegated Authority

4. $150,000 and above Local Government Act compliance

Council

1 Means verbal or phone (confirmed in writing), fax or email 2 Means written quotations lodged in the tender box

Page 82



6.0 PROCUREMENT PROCESSES Under no circumstances should works, services or projects be broken up into smaller parts for the specific purpose of circumventing the contract value thresholds stated in these policies and in the Local Government Act. Contracts should be sized and packaged with a view to maximising the economies available through the quotation/tender process and ensuring that the process provides real competition. 6.1 PURCHASES UP TO $25,000 6.1.1 Purchases up to $8,000 Minimum of one (1) informal quotation is required, however every endeavour should be made to ensure that the price accepted is competitive and represents the best value for Council. 6.1.2 Purchases From $8,000 Up To $25,000 Minimum of two (2) informal quotations are required. Every endeavour should be made to ensure that the price accepted represents the best value for Council. 6.1.3 Process (For all purchases up to $25,000) (a) The Project Officer is to ensure that sufficient funds are available within the

respective budget to meet the estimated cost of the goods, works or services.

(b) The Project Officer is to prepare sufficient quotation documentation that will allow the quoter(s) to accurately determine the cost of the goods, works or services.

(c) Details of the quotations received are to be documented by the Project Officer. Verbal prices received must be confirmed in writing.

(d) Where more than one quotation is received, the Project Officer is to assess the quotations and determine the one that represents the best value for Council. The assessment of the quotations must be proper, documented, genuine and transparent and is to be undertaken in accordance with Council’s assessment procedures and checklists.

(e) When the quotation assessment has been completed, the Project Officer is to submit a recommendation to the council officer having authority to accept the quotation under Council’s delegations of authority. In these situations, the officer exercising delegated authority to accept the quotation must not be the Project Officer responsible for assessing the quotations.

(f) Upon approval of a quotation, contract documentation is to be prepared by the Project Officer. Contract documents are to consist of either a Letter of Acceptance or a Purchase Order.

Page 83



6.2 PURCHASES FROM $25,000 UP TO $150,000 6.2.1 General A minimum of three (3) formal (written) quotations are required. If less than 3 quotations are received, those quotations received will be referred to the Project Officer who, in conjunction with their Manager, will determine if further quotations are necessary. 6.2.2 Process (a) The Project Officer is to ensure that sufficient funds are available within the


(b) Before proceeding to quotation, the Project Officer must first obtain a contract file number from the Records Section and this number must be noted on all the quotation documents.

(c) The Project Officer is responsible for the development of all quotation documentation including specifications and plans, and the incorporation of standard quotation documentation (e.g. conditions of tendering and contract, etc.) available from Council’s Contracts Section.

(d) The Project Officer is to determine whether the quotation process will be by selected quotations or open quotations. If the process is to be selected quotations, the Project Officer is to forward quotation documentation to a minimum of three (3) quoters. If open quotations, the Project Officer is to prepare a quotation advertisement and advertise the quotation as appropriate.

(e) All quotation submissions must be placed in the Tender Box located on the Ground Floor of the City Administration Building, High Street, Maitland prior to the closing time.

(f) It is the responsibility of the Project Officer to assess the quotations and to determine the validity of each quotation and that the one selected represents the best value for Council. The assessment of quotations must be proper, genuine, documented and transparent and is to be undertaken in accordance with Council’s assessment procedures and checklists. Quoters may be contacted to clarify details of a quotation if required, but under no circumstances will details of other quotations be discussed.

(g) All aspects of a quotation are confidential up until the successful quotation has been approved and only the name of the successful quoter and the quotation price may be disclosed to other parties upon request.

(h) When the quotation assessment has been completed, the Project Officer is to submit a recommendation to the council officer having authority to accept the quotation under Council’s delegations of authority. In these situations, the officer exercising delegated authority to accept the quotation must not be the Project Officer responsible for assessing the quotations.

(g) Upon approval of a quotation, contract documentation is to be prepared by the Project Officer. Contract documents are to consist of either a Letter of Acceptance or a Contract Agreement.

Page 84



(i) All unsuccessful quoters are to be notified of the result of the quotation. 6.3 PURCHASES $150,000 AND OVER 6.3.1 General For contracts estimated at $150,000 or greater tenders MUST be invited and administered in accordance with Section 55 of the Local Government Act (current edition) and the Local Government (Tendering) Regulation (current edition). Tenders shall be advertised in both a local newspaper (Newcastle Herald) and a Sydney daily newspaper (Sydney Morning Herald) giving not less than twenty-one (21) day’s notice of the deadline for the closing date. 6.3.2 Process (a) The Project Officer is to ensure that sufficient funds are available within the


(b) Before proceeding to tender, the Project Officer must first obtain a contract file number from the Records Division and this number must be noted on all the tender documents.

(c) The Project Officer is to determine whether the method of tendering will open tendering, selective tendering (expressions of interest) or selective tendering (pre-qualification).

(d) The Project Officer is responsible for the development of all tender / EOI documentation including specifications and plans, and the incorporation of standard tender documentation (e.g. conditions of tendering and contract, etc.) available from Council’s Contracts Section. Any changes to the tender / EOI documents during the tender / EOI period must be notified to all tenderers at least three (3) days prior to the closing time.

(e) The Project Officer is to prepare tender/EOI advertisements and advertise in the required newspapers, providing a minimum tender period of 21 days.

(f) The Project Officer is to maintain a record of all individuals or organisations that have collected tender documents.

(g) All tender submissions must be placed in the Tender Box located on the Ground Floor of the City Administration Building, High Street, Maitland prior to the closing time. Tenders are to be closed at 2.00pm on the closing date.

(h) Tenders will be opened at the time specified for the close of tenders by the Appropriate Person in the presence of at least two other persons designated by the General Manager. Members of the public may attend the tender opening, but are only entitled, on request, to be informed as to whether Council has received a particular tender and the number of tenders received.

Page 85



(i) The names of the tenderers submitting tenders will be recorded on the

“Schedule of Tenders” form which will be signed by all the members of the tender opening panel.

(j) As soon as practicable after the opening of tenders, the Appropriate Person is to prepare a tender list specifying, in apparent order of tendered amounts (generally lowest to highest), the names of the tenderers. The tender list is to be immediately displayed in a place where it can be readily seen by members of the public.

(k) It is the responsibility of the Tender Panel to assess the tenders or expressions of interest and to determine the validity of each tender/EOI and that the one(s) selected represent the best value for Council. The assessment of tenders / EOI must be proper, genuine, documented and transparent and is to be undertaken in accordance with Council’s assessment procedures and checklists. Tenderers may be contacted to clarify details of a tender if required, but under no circumstances will details of other tenders be discussed.

(l) If the tendering method chosen was selective tendering (expressions of interest), then following the adoption of selected tenderers, the Project Officer is to invite tenders from those selected tenderers in accordance with steps (d) to (k) above (but without advertising the tender).

(m) All aspects of a tender are confidential up until the successful tenderer has been approved and only the name of the successful tenderer and the tender price may be disclosed to other parties upon request.

(n) When the assessment has been completed, the Project Officer is to prepare a report, and with the approval of the General Manager, submit the report for Council’s consideration (in Confidential Session). If the recommendation is to not accept any tender, the course of action proposed must be in accordance with the Local Government (Tendering) Regulation (current edition).

(o) If Council resolves to accept a tender, a Letter of Acceptance is to be sent to the successful tenderer and letters sent to unsuccessful tenderers.

(p) The Project Officer is to display in a conspicuous place accessible to members of the public, a notice specifying the name of the tenderer whose tender was accepted and the amount of the successful tender or, if none of the tenders was accepted, a notice to that effect.

(q) The Project Officer is responsible for the preparation of contract documentation. Contract documents, comprising a contract agreement and any other necessary documentation, are to be signed by the Mayor and General Manager under Council seal. Council’s copy of the contract document is to be filed in the legal documents register.

Page 86


10 ITEMS FOR INFORMATION

10.1 PROPOSED DEPOT FOR PLANT AND MACHINERY LOT 1, DP 136051, NO.1472 NEW ENGLAND HIGHWAY, HARPERS HILL

File No: DA 04-1579



EXECUTIVE SUMMARY The purpose of this report is to inform the Council of the progress of Development Application No. 04-1579 for a Plant and Machinery Depot at No.1472 New England Highway, Harpers Hill. Discussions have taken place with the RTA in accordance with Council’s resolution and Council are expecting the applicant to submit a road safety audit for the New England Highway at the location of the site in the near future. The development application will be submitted to Council for consideration as soon as the audit has been submitted and assessed.

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


CARRIED

Page 87


10.2 THIRD CROSSING OF THE HUNTER RIVER AT MAITLAND

File No: 122/940

Attachments Correspondence


Author: Chris James Manager Assets & Infrastructure Planning

EXECUTIVE SUMMARY This report tables for Councils information correspondence received from the RTA regarding the status of the Hunter River Crossing Project



CARRIED

Page 88


10.3 YOUTH DEVELOPMENT PROGRAM AT THE MAITLAND GAOL

File No: 60/1


Author: Roger Stephan Executive Manager Economic Development and Marketing

EXECUTIVE SUMMARY The purpose of this report is to inform Council of a joint initiative between the Maitland Youth Development Unit and the Maitland Gaol in regard to the Links to Learning Project.



CARRIED

Page 89


11 NOTICE OF MOTION/RESCISSION

11.1 NATIONAL PACKAGING COVENANT NOTICE OF MOTION SUBMITTED BY CLR WENDY WHITE

File No: 61/37

Responsible Officer: Brad Everett Group Manager Service Planning &

Regulation

Clr Wendy White has indicated her intention to move the following Notice of Motion at the next Ordinary Meeting of Council on 14 June 2005, as follows: That: 1. Maitland City Council supports the development of a new comprehensive

national elimination system for packaging waste that incorporates environment deposits, including a container deposit scheme for a range of beverage and non-beverage containers, to drive continuous progress towards zero waste by ensuring high recovery rates and channelling funds into building secure markets for recycling materials.

2. Council writes to the review of the National Packaging Covenant calling for

a National Container Deposit scheme and definite target to be set of reducing packaging waste.

Background Without the backing of the State and Federal Government legislation councils will have great difficultly in making a significant reduction in waste, let alone achieving zero waste in their LGA’s. So far national commitment to reducing waste has largely relied on voluntary efforts by manufacturers but anyone who inspects the contents of our GPT’s will realise that we still have a long way to go.

COUNCIL RESOLUTION THAT

1. Maitland City Council supports the development of a new comprehensive national elimination system for packaging waste that incorporates environment deposits, including a container deposit scheme for a range of beverage and non-beverage containers, to drive continuous progress towards zero waste by ensuring high recovery rates and channelling funds into building secure markets for recycling materials.

Page 90


2. Council writes to the review of the National Packaging Covenant calling for a National Container Deposit scheme and definite target to be set of reducing packaging waste.

In addition Council reiterates the position taken by the Local Government and Shires Association that responsibility for the management of waste should be solely with the manufacturer and that local government should neither be financially disadvantaged nor expected to commit to expensive augmentation of existing recycling services;

3. This motion be submitted to the Local Government & Shires Association Conference to be held on 23 – 26 October, 2005.

Moved Clr White, Seconded Clr Humphery

CARRIED

Page 91


12 QUESTIONS WITHOUT NOTICE

12.1 SECTION 94 REVIEW – FILE NO 103/41

Clr Fairweather enquired as to when the Section 94 Review is to be expected. The Group Manager Service Planning & Regulation advised that a briefing to Councillors will be held in mid July with a view to having a final draft.

12.2 TRAFFIC CALMING DEVICES – FILE NO 140/5

Clr Humphery enquired as to whether or not there were any studies done in regard to traffic calming devices in relation to the impact and adverse affect on the public wherever these devices are installed. The Group Manager Service Planning & Regulation advised that he and the Manager Assets & Infrastructure would be happy to discuss the matter with him.

12.3 ROAD WIDTH – FILE NO 133/1

Clr Garnham referred to Road Width Standards as resolved under Item 12.3.1 – Manual of Engineering Standards – that the minimum road width be 8 m – and the affect this will have on other Council Policies. The Group Manager Service Planning & Regulation advised that he would submit a report to the next Council meeting to make people aware of the new standards as well as advertising the DCP publicly.

12.4 PEDESTRIAN TRAFFIC LIGHTS – RUTHERFORD – FILE NO 140/5

Clr Way enquired as to whether Council would write to the RTA requesting information as to the decision to place the new pedestrian traffic lights in Rutherford near the railway overpass crossing. The Group Manager Service Planning & Regulation advised that it was a decision by the RTA and not Council. It was an issue raised a number of years ago and placed on a priority list by the RTA.

12.5 MAITLAND NETBALL ASSOCIATION – FILE NO 35/16

Clr Fairweather asked if Council could send a letter to the Maitland Netball Association for the very successful netball event held on the June long weekend. The Mayor advised that a letter of congratulations would be sent and commented on what a great event it was with an even bigger event to come to Maitland in 2008.

Page 92


13 URGENT BUSINESS

13.1 RESIGNATION OF SENIOR OFFICER – JUDY JAEGER – FILE NO E10102:

COUNCIL RESOLUTION THAT Council place on public record its sincere appreciation to Judy Jaeger, Manager Community & Recreation Services, for her immense talent and impact on the knowledge landscape of this City, ie Libraries, Culture Centres, Art Gallery, Recreation Facilities. Judy’s ability to think strategically and enabled significant changes in a short time to the knowledge landscape of the City. Moved Clr Keating, seconded Clr Garnham

CARRIED

Note The Mayor reiterated the comments made by Clr Keating and wished Judy well in her new role at Wyong City Council.

Page 93


14 COMMITTEE OF THE WHOLE

14.1 MAITLAND GAOL

File No: 60/2



EXECUTIVE SUMMARY The purpose of this report is to inform Council of recent developments in relation to the Maitland Gaol.

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 White, Seconded Clr Garnham

CARRIED

Page 94


14.2 LAND AND ENVIRONMENT COURT APPEALS

File No: DA 04-4659 and DA 04-4660



EXECUTIVE SUMMARY The purpose of this report is to provide an update to the Council on two (2) development applications which are currently the subject of legal appeals.


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


CARRIED

Page 95


14.3 REQUEST FOR REDUCTION IN KERB AND GUTTERING CHARGE

File No: P35685



EXECUTIVE SUMMARY A request has been received for a reduction in kerb and guttering charges by a resident within the Maitland Local Government area. As this is a personal hardship of a ratepayer it is requested that under Section 10A(2)(b) of the Local Government Act 1993 that the matter be dealt with in the confidential session of the Council.


(b) the personal hardship of any resident or ratepayer Moved Clr White, Seconded Clr Garnham

CARRIED

Page 96


14.4 REQUEST UNDER LOCAL ENVIRONMENT PLAN 1993 RE PUBLIC RECREATION ZONING 6(A)OVER PRIVATE LAND

File No: P27603


Author: Frank Shrimpton Property & Risk Management Coordinator

EXECUTIVE SUMMARY A request has been received for Council to consider the provisions of the Local Environment Plan 1993 as it relates to private land zoned Public Recreation zone 6(a) and the rezoning or purchase of such land.


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


CARRIED

Page 97


Page 98

15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE

15.1 MAITLAND GAOL

File No: 60/2



EXECUTIVE SUMMARY The purpose of this report is to inform Council of recent developments in relation to the Maitland Gaol.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT the information in this report be received and noted.

Moved Clr Garnham, Seconded Clr Power

CARRIED

NOTE – DEPARTURE OF COUNCILLOR

Clr Peter Way left the chamber at 7.31 pm.


Page 99

15.2 LAND AND ENVIRONMENT COURT APPEALS - PROGRESS OF

APPEALS CURRENTLY BEFORE THE COURT

File No: DA 04-4659 and DA 04-4660



EXECUTIVE SUMMARY The purpose of this report is to provide an update to the Council on two (2) development applications which are currently the subject of legal appeals.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT

Council agree to the issue of ‘consent orders’ by the NSW Land and Environment Court in relation to DA 04-4659 and DA 04-4660, each for the resubdivision of three (3) lots into five (5) lots at Waterford Close and Tipperary Drive, Ashtonfield


CARRIED


Page 100

15.3 REQUEST FOR REDUCTION IN KERB AND GUTTERING CHARGE

File No: P35685



EXECUTIVE SUMMARY A request has been received for a reduction in kerb and guttering charges by a resident within the Maitland Local Government area. As this is a personal hardship of a ratepayer it is requested that under Section 10A(2)(b) of the Local Government Act 1993 that the matter be dealt with in the confidential session of the Council.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT the resident identified in this report pay a reduced amount of kerb and guttering of $1,584.40.


CARRIED


15.4 REQUEST UNDER LOCAL ENVIRONMENT PLAN 1993 RE PUBLIC RECREATION ZONING OVER PRIVATE LAND

File No: P27603

Attachments: Site Plan

Responsible Officer: GRAEME TOLHURST GROUP MANAGER FINANCE & ADMINISTRATION

Author: FRANK SHRIMPTON PROPERTY AND RISK MANAGEMENT COORDINATOR

EXECUTIVE SUMMARY A request has been received from Hill Top Planners acting for the owner, Mr David Brown, for Council to consider either rezoning or purchasing that portion of his land at 4 Wollombi Road Rutherford which is zoned 6(a) Public Recreation under the provisions of the Maitland Local Environment Plan 1993.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. Council resolve to purchase that part of Lot 2 DP 447881, 4 Wollombi Road Rutherford, that is currently zoned 6(a) Public Recreation in the Maitland Local Environment Plan 1993.

2. Council resolve to authorise the General Manager to negotiate the purchase of the land within the terms recommended in this report.

3. Approval be given for the application of the Common Seal of Council to all necessary documents for the purchase, subdivision, registration and transfer of the land.


CARRIED

Page 101


REQUEST FOR RDUCTION IN KERB AND GUTTERING CHARGE (Cont.)

16 CLOSURE

The meeting was declared closed at 7.38 pm.

....................……............ ......……......................... General Manager Chairperson

Page 102

MAITLAND CITY COUNCIL ORDINARY MEETING MINUTES...Jun 14, 2005 · Maitland City Tennis Club...

Documents

Transcript of MAITLAND CITY COUNCIL ORDINARY MEETING MINUTES...Jun 14, 2005 · Maitland City Tennis Club...