maitland city council ordinary meeting minutes · ordinary meeting minutes 13 february, 2007 page...

MAITLAND CITY COUNCIL

ORDINARY MEETING MINUTES

13 FEBRUARY, 2007

ORDINARY MEETING MINUTES 13 FEBRUARY, 2007

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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...................................................... 2

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

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

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS .................................................................................................. 3

9 OFFICERS REPORTS ................................................................................ 4

9.1 GENERAL MANAGER................................................................. 4

9.1.1 2006 ANNUAL COMMUNITY SURVEY ....................................... 4

9.1.2 A NEW DIRECTION FOR LOCAL GOVERNMENT ..................... 5

9.1.3 INTEGRATED PLANNING AND REPORTING FOR NSW LOCAL COUNCILS ...................................................................... 6

9.2 PLANNING AND REGULATION ................................................. 7

9.2.1 DA 06-3529 DEMOLITION OF COMMERCIAL BUILDING AND CONSTRUCTION OF BOWLING ALLEY WITH ASSOCIATED UNDERCROFT PARKING AT 11 MOLLY MORGAN DRIVE (LOTS 1-4 DP270123), EAST MAITLAND RECOMMENDATION: APPROVAL ............................................. 7

9.2.2 06-3280 ANIMAL ESTABLISHMENT - HORSE STABLES, LOT 15 & LOT 16 DP2608, 26 WALLACE STREET RECOMMENDATION: REFUSAL .............................................. 17

9.2.3 DA 06-3385 DEMOLITION OF REGIONAL HERITAGE ITEM LOT 100 DP1069935, 36 BANKS STREET, EAST MAITLAND RECOMMENDATION: REFUSAL .............................................. 19

9.2.4 DA 06-1882: DEVELOPMENT OF THREE (3) ADDITIONAL INDUSTRIAL BUILDINGS AT 49 RACECOURSE ROAD,


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RUTHERFORD (LOT28 DP264183) RECOMMENDATION: APPROVAL ................................................................................ 23

9.2.5 DA 06-3454: EXTENSION TO EXISTING COMMUNITY CENTRE 1041 1056829 LOT 1041 DP1056829, ARTHUR STREET, RUTHERFORD RECOMMENDATION: APPROVAL ................................................................................ 34

9.2.6 DA 06-3148 - MEDIUM DENSITY 2 UNITS & 2 LOT SUBDIVISION LOT 719 DP 1062779, 6 HOWE PLACE, RAWORTH RECOMMENDATION: APPROVAL ........................ 42

9.2.7 DELEGATIONS FOR TOWN PLANNERS ................................. 52

9.2.8 DRAFT AMENDMENTS TO S94A LEVY CONTRIBUTIONS PLAN 2006 ................................................................................. 53

9.2.9 QUARTERLY REPORT - SECTION 94 CONTRIBUTIONS ....... 54

9.2.10 PROPOSED INTERIM HERITAGE ORDER, MORPETH........... 55

9.2.11 PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD ...................................... 57

9.2.12 PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 REZONING OF LAND ON LOUTH PARK ROAD, LOUTH PARK. ....................................... 58

9.2.13 PREPARATION OF DEVELOPMENT CONTROL PLAN, INTEGRATED TOURIST AND RESIDENTIAL DEVELOPMENT, ST HELENA CLOSE LOCHINVAR................ 60

9.2.14 WOODBERRY NEIGHBOURHOOD CENTRE REVITALISATION PLAN............................................................ 61

9.2.15 LOCHINVAR URBAN RELEASE AREA AND DRAFT LOCHINVAR STRUCTURE PLAN ............................................. 63

9.2.16 AREA ASSISTANCE SCHEME GRANT .................................... 65

9.3 ASSETS ..................................................................................... 66

9.3.1 ROAD CLOSURE - PART OF EAST MALL, RUTHERFORD..... 66

9.3.2 CAPITAL WORKS PROGRAMME 2006/07 ............................... 67

10 ITEMS FOR INFORMATION..................................................................... 68

10.1 STATUS REPORT ON WORKS AND PROJECTS ................... 68

10.2 COUNCILLOR MOTIONS.......................................................... 69


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10.3 COUNCIL'S HOMEPAGE STATISTICS .................................... 70

10.4 MAITLAND COMMUNITY WATER GRANT.............................. 71

10.5 REVITALISATION OF WOODBERY SWAMP - ENVIRONMENTAL TRUST GRANT.......................................... 72

10.6 REZONING REQUEST - 89 HIGH STREET MAITLAND........... 73

10.7 UPCOMING ENVIRONMENTAL EDUCATION ACTIVITIES..... 74

10.8 PRESENTATION OF COMMEMORATIVE AWARD TO MAITLAND CITY COUNCIL - 10YR COMMITTMENT TO THE LOCAL GOVERNMENT ROAD SAFETY PROGRAM ...... 75

11 NOTICE OF MOTION/RESCISSION......................................................... 76

11.1 FUTURE RECREATIONAL LAND NOTICE OF MOTION SUBMITTED BY CLR STEVE PROCTER ................................. 76

11.2 REGULATION OF COMPUTER RECYCLING NOTICE OF MOTION SUBMITTED BY CLR WENDY WHITE ...................... 77

12 QUESTIONS WITHOUT NOTICE ............................................................. 78

13 URGENT BUSINESS ................................................................................ 79

14 COMMITTEE OF THE WHOLE................................................................. 80

14.1 HUNTER VALLEY STEAMFEST 2007...................................... 80

15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE .... 81

15.1 HUNTER VALLEY STEAMFEST 2007...................................... 81

16 CLOSURE................................................................................................. 82


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PRESENT Clr Peter Blackmore Clr Paul Casey Clr Ray Fairweather Clr Peter Garnham Clr Bob Geoghegan Clr Arch Humphery Clr Tony Keating Clr Henry Meskauskas Clr 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

COUNCIL RESOLUTION THAT the unavoidable absence of Clr Power be accepted by Council.

Moved Clr Meskauskas Seconded Clr Humphery

CARRIED

3 DECLARATIONS OF PECUNIARY INTEREST

Clr Blackmore - declared a non-pecuniary interest in Items 9.2.10 – Proposed Interim Heritage Order, Morpeth and 9.2.13 - Preparation of Development Control Plan, integrated tourist and residential development, St Helena Close, Lochinvar as he received contributions to his election campaign from one of the developers. Clr Geoghegan - declared a pecuniary interest in Items 9.2.10 – Proposed Interim Heritage Order, Morpeth and 9.2.13 - Preparation of Development Control Plan, integrated tourist and residential development, St Helena Close, Lochinvar as a close relative is involved in development.

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

COUNCIL RESOLUTION THAT the minutes of the Ordinary Meeting of Council held 23 January 2007 be confirmed.

Moved Clr Way, Seconded Clr White


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CARRIED

5 BUSINESS ARISING FROM MINUTES

Nil

6 MAYORAL MINUTE

Nil

7 PUBLIC ACCESS

Peter LeLeu representing Trevor Buckingham spoke against Item 9.2.2 – 06-3280 Animal Establishment - Horse Stables, Lot 15 & Lot 16 DP2608, 26 Wallace Street Carolynne Jones representing herself and the residents of Wallace and Sparke Streets spoke for Item 9.2.2 - 06-3280 Animal Establishment - Horse Stables, Lot 15 & Lot 16 DP2608, 26 Wallace Street Peter Kell representing PKDL Investments spoke against Item 9.2.3 - DA 06-3385 Demolition of Regional Heritage Item LOT 100 DP1069935, 36 Banks Street, East Maitland

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

Moved Clr Geoghegan Seconded Clr Garnham

CARRIED Henry Armstrong representing Maitland and District Historical Society spoke for Item 9.2.3 - DA 06-3385 Demolition of Regional Heritage Item LOT 100 DP1069935, 36 Banks Street, East Maitland Ian Eckford spoke for Item 9.2.3 - DA 06-3385 Demolition of Regional Heritage Item LOT 100 DP1069935, 36 Banks Street, East Maitland Glennys Parker representing Morpeth Heritage Conservation Group spoke for Item 9.2.10 - Proposed Interim Heritage Order, Morpeth

COUNCIL RESOLUTION THAT an extension of one minute be granted to Mrs Parker

Moved Clr Way Seconded Clr White

CARRIED Francene Lawler spoke for Item 9.2.10 - Proposed Interim Heritage Order, Morpeth


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COUNCIL RESOLUTION THAT an extension of one minute be granted to Mrs Lawler

Moved Clr White Seconded Clr Casey

CARRIED Jane Gardiner spoke for Item 9.2.15 - Lochinvar Urban Release Area and Draft Lochinvar Structure Plan

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS

Nil


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9 OFFICERS REPORTS

9.1 GENERAL MANAGER

9.1.1 2006 ANNUAL COMMUNITY SURVEY

File No: 29/16

Responsible Officer: David Evans General Manager

Author: Roger Stephan Executive Manager Economic Development and Marketing

EXECUTIVE SUMMARY The purpose of this report is to inform Council of the outcomes of the 2006 Annual Survey of Community Opinion.

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

Moved Clr Fairweather, Seconded Clr Way

CARRIED


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9.1.2 A NEW DIRECTION FOR LOCAL GOVERNMENT

File No: 130/73


Author: David Evans General Manager

EXECUTIVE SUMMARY The NSW Department of Local Government position paper titled “A New Direction for Local Government” October 2006, was distributed to Councillors with the business papers for the 23 January 2007 Council Meeting. This report presents an overview of the issues presented in the position paper, and comments for consideration by the Council.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. Council note the content of the position paper titled “New Direction for Local Government” published by the NSW Department of Local Government in October 2006;

2. Council forward a response to the position paper to the Deputy Director General, NSW Department of Local Government in the terms of the comments and conclusion of this report.

Moved Clr Humphery, Seconded Clr Meskauskas

CARRIED


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9.1.3 INTEGRATED PLANNING AND REPORTING FOR NSW LOCAL COUNCILS

File No: 130/73



EXECUTIVE SUMMARY The NSW Department of Local Government discussion paper titled “Integrated Planning and Reporting for NSW Local Councils” November, 2006, was distributed to Councillors with business papers for the 23 January 2007 Council meeting. This report presents an overview of the options presented in the discussion paper, and comments for consideration by the Council. On the basis of the approach to longer term planning taken by Maitland City Council, and by way of support for lifting the strategic focus of local government as an industry, the report concludes that the Council should express its support for the changes outlined in Option 3 of the Discussion Paper.


1. Council support “Option 3” – Reshape the Framework” as presented in the discussion paper titled “Integrated Planning and Reporting for NSW Local Councils” as published by the NSW Department of Local Government, November 2006; and

2. The General Manager write to the Director General, Department of Local Government, expressing its responses and support for Option 3 in the terms presented in the report.

Moved Clr Geoghegan, Seconded Clr White

CARRIED


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9.2 PLANNING AND REGULATION

9.2.1 DA 06-3529 DEMOLITION OF COMMERCIAL BUILDING AND CONSTRUCTION OF BOWLING ALLEY WITH ASSOCIATED UNDERCROFT PARKING AT 11 MOLLY MORGAN DRIVE (LOTS 1-4 DP270123), EAST MAITLAND RECOMMENDATION: APPROVAL

File No: DA 06-3529 Attachments (2): Locality Plan

Development Plans

Responsible Officer: David Simm Manager- Development & Environment Author: Anthony Calthorpe Town Planner Applicant: Hill Top Planners Proposal: Demolition of Commercial Building & Erection

of Bowling Alley & Commercial Unit (162m²) with Associated Car Parking

Location: 11 Molly Morgan Drive, East Maitland Zone: 3(a) General Business

EXECUTIVE SUMMARY The applicant seeks development consent from Council for the part removal of existing commercial buildings and redevelopment for a two-storey bowling alley with the associated parking occupying the ground floor level. The bowling alley would comprise 16 lanes with associated service counter, lounge, ‘party room’, games area and other facilities. 40 car parking spaces would be provided within the parking area and a total of 68 spaces are available overall on the site, where 71 spaces are required pursuant to Council’s Citywide Development Control Plan (Car Parking Chapter). The proposed car parking shortfall is considered to be minor in this instance and would not result in the displacement of car parking requirements off-site. In this instance, surrounding off-street public parking would be available to the bowling alley beyond the traditional retail hours of the other occupants of the site, which would help to off-set any minor shortfall. The applicant has undertaken extensive car parking surveys at Rutherford Bowl to support a case that the proposed car parking would be sufficient. This survey concluded that those attending the bowling alley came by bus (school groups and those with disabilities) and that its proximity to other commercial areas meant that car parking was dispersed over various locations (i.e. combined trips). The peak car parking demands were generally in the evening. Overall, there is no reason to doubt the findings of the surveys provided by the applicant.


06-3529 Demolition of Commercial Building and Construction of Bowling Alley with associated undercroft parking 1-4 270123 11 Molly Morgan Drive East Maitland (Cont)

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The use is permissible within the zone (subject to Council approval) and it is considered that the bowling alley would help to augment the range of facilities and services in and around the Green Hills Shopping Centre. In turn, the proposal could also help to encourage combined trips rather than single purpose journeys, and help reduce overall vehicle use. The application is reported to Council because the development cost ($2.3 million) exceeds Officer Delegations (currently $2 million). The proposal was advertised, pursuant to Council’s Citywide Development Control Plan (‘Advertising/ Notification of Development Applications’ Chapter) for a period of seven days and no objections were received. Overall, the proposal is considered to be consistent with the objectives and purpose of the 3a General Business Zone and the pattern of surrounding land uses and would compliment the range of commercial activities in the locality.


Development Application 06-3529 for the demolition of commercial premises and the construction of a two-level bowling alley and residue commercial unit (162m²) all with associated ground level parking at 11 Molly Morgan Drive, East Maitland (Lots 1-4, DP 270123) be approved, subject to the conditions of consent set out in the attached schedule.

Moved Clr Humphery, Seconded Clr Garnham

CARRIED



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SCHEDULE OF CONDITIONS

Schedule of Conditions DA 06-3529 Reason for Condition(s) The following condition(s) have been applied to the development, subject of this consent, to ensure that the development meets the requirements of the NSW Environmental Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment Regulation 2000, and the various policies and development controls of Maitland City Council and other government agencies relevant to the development being undertaken. APPROVED PLANS AND DOCUMENTS 1 The proposed development is to be carried out in accordance with the

approved plans detailed in the following schedule and any amendments to those plans arising through conditions to this consent. The approved plans are:

• Drawing No. 01, Rev 8: Site Plan • Drawing No. 02, Rev 8: Ground Floor/ Car Park • Drawing No. 03, Rev 8: First Floor Plan • Drawing No. 04, Rev 8: Elevations • Drawing No. 05, Rev 8: Elevations & Section • Drawing No. 06, Rev 8: Drainage Plan • Drawing No. 07, Rev 8: Landscape Plan • Drawing No. 08, Rev 8: Sediment & Erosion Control Plan And all as drawn by Geoff Craig & Associates and dated 11/12/06

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

CONTRIBUTIONS/FEES 3 Pursuant to Section 80A(1) of the Environmental Planning and Assessment Act 1979,

and the Maitland S94A Levy Contributions Plan 2006, a contribution of $23,000 shall be paid to the Council. The above amount is to be adjusted at the time of the actual payment, in accordance with the provisions of the Maitland City Council S94A Levy Contributions Plan 2006. The time of the above payment shall be as follows:



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- Development applications involving building work - prior to release of the Construction Certificate. - Development involving both subdivision and building work (eg. integrated housing developments) - prior to the release of the Construction Certificate, or the release of the Subdivision Certificate, whichever occurs first. - Development applications where no construction certificate is required - prior to issue of an Occupation Certificate. The above "contribution" condition has been applied to ensure that: i) Where the proposed development results in an increased demand for public amenities and services, payment towards the cost of providing these facilities/services is made in accordance with Council's adopted contributions plan prepared 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.

CAR PARKING 4 68 car parking spaces are to be made available on the site at all times. This

includes 40 spaces within the covered (ground floor) parking area of the bowling alley. All car parking spaces must remain available for use following any future re-subdivision of the site.

STANDARD BUILDING CONDITIONS 5 Prior to ANY WORK commencing and 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.

6 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.

7 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



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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 8 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



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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.

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

DEMOLITION 10 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 11 The completed building is to have a drainage system so that:

a) the land surrounding any structure is graded to divert surface water to

the street, and is clear of existing and proposed structures and adjoining premises, and

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

12 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.



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HOURS OF WORKS 13 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.

ACOUSTIC PROTECTION 14 The use of the bowling alley or the operation of any associated machinery or

plant equipment installed within or attached externally to the buildings shall not exceed a maximum noise level of 47dB(A), l10 (daytime) and 39dB(A), l10 (evening) measured by the nearest residential boundary. If noise attenuation measures are required, the design must be prepared by a suitably qualified acoustic engineer and the details submitted to Council for approval, prior to the release of a Construction Certificate. A certificate from an acoustic engineer certifying that the acoustic attenuation measures have been satisfactorily implemented will be required prior to the release of the Occupation Certificate.

AMENITY 15 There is to be no interference with the residential amenity of the area by

reason of the emission of any noise, smell, smoke, vapour, fume or otherwise.

16 Vehicles being loaded or unloaded are to stand wholly within the premises and within loading bays designated on the approved plans. Vehicles are not to be loaded or unloaded at the kerbside or across the public footpath.

17 The use and occupation of the premises including all plant and equipment installed therein, shall not give rise to any offensive noise as defined under the Protection of the Environment Operations Act, 1997.

18 There is to be no interference with the amenity of the area by reason of the emission of excessive light, overshadowing or loss of views. All lighting within the covered (ground floor) car parking facility of the bowling alley should be installed so as to minimise light spill beyond the southern boundary of the site.

CONSTRUCTION WITHIN BOUNDARIES 19 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



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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 20 If kerb and gutter is provided, driveways are to be a minimum of 500

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

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

stormwater pipe and concrete headwalls, or

b) a 6 metre by 6 metre concrete slab dish drain.

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

SEWER AND DRAINAGE APPROVAL 23 Before a building is occupied, an approval from Hunter Water Corporation

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

CONSTRUCTION WORKS 24 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.

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



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GENERAL 26 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.

27 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.

28 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.

29 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.

30 A copy of the fire safety schedule and fire safety certificate is to be prominently displayed in the building in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation 2000.

31 A copy of the fire safety schedule and fire safety certificate is to be given to the Commissioner of New South Wales Fire Brigades in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.

32 Fire safety notices of a size and kind prescribed by the Environmental Planning and Assessment Regulations are to be displayed at all times in a conspicuous position adjacent to, but not within, any fire isolated passageway, fire isolated ramp or a fire isolated stairway.

33 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.



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AT THE COMPLETION OF WORKS 34 The site is to be cleared of all building refuse and spoil immediately after

completion of the building/structure.

35 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.

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

ADVISORY NOTES: A The consent holder is advised that a re-subdivision will be required as a result

of the development approval in order to take account of the reconfiguration within the application site (Lots 1-4 at the time of the determination of the development application). The bowling alley should be contained on a single allotment

B It is the consent holder’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.

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


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9.2.2 06-3280 ANIMAL ESTABLISHMENT - HORSE STABLES, LOT 15 & LOT 16 DP2608, 26 WALLACE STREET RECOMMENDATION: REFUSAL

File No: DA 06-3280 Responsible Officer: David Simm Manager Development & Environment Author: Terrance Stafford Trainee Town Planner Applicant: Trevor Buckingham Proposal: Animal Establishment - Horse Stables Location: 26 Wallace Street, South Maitland Zone: 2(b) Flood Liable Residential

EXECUTIVE SUMMARY Development consent is sought from Council for four (4) Horse Stables at Lots 15 and 16 DP2608, 26 Wallace Street, South Maitland. The subject land is zoned 2(b) Flood Liable Residential under the Maitland Local Environmental Plan, 1993. An Animal Establishment is a permissible form of development in the 2(b) Flood Liable Residential Zone with Council consent and is not inconsistent with the objectives of the zone however, it is considered that the development is inappropriate for the subject site as it will result in a significant loss in amenity for adjoining residents and other detrimental impacts such as noise and odour. The proposal does comply with some of the requirements of Council’s Local Orders Policy for the keeping of Horse and Cattle (The Code), despite this however, the keeping of four (4) horses on two (2) small residential allotments, within an existing residential locality is considered to be an overdevelopment of the subject site. The application is therefore recommended for refusal on the basis that it is considered to be an over-development of the subject site and is considered to create significant adverse affects with regard to residential amenity. Council received one (1) submission and one (1) petition containing 21 signatures, 16 of which were Wallace Street residents, which objected to the proposal.

OFFICER'S RECOMMENDATION THAT 06-3280 for Animal Establishment - Horse Stables on 15 & 16, 2608 26 Wallace Street be refused for the following reasons:

1. The proposed development is inconsistent with the aims and objectives of the Maitland Local Environmental Plan, 1993 (Section 79C(1)(a)(i) relative to the adverse environmental impacts that are likely to result from the proposed development.


06-3280 Animal Establishment - Horse Stables 15 & 16 2608 26 Wallace Street (Cont)

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2. The proposed development is inconsistent with the objectives and

requirements of Maitland City Wide Development Control Plan Chapter ‘Central Maitland’ (Section 79C(1)(a)(iii)) having regard to qualifications for horse keeping establishments and loss of amenity.

3. The proposed development is not suitable having regard to the constraints of the subject site (Section 79C(1)(c)).

4. The proposed development is inconsistent with Council’s Local Orders Policy for the Keeping of Animals.

COUNCIL RESOLUTION THAT Council approve DA 06-3280 for Animal Establishment - Horse Stables on 15 & 16, 2608 26 Wallace Street, South Maitland. Moved Clr Procter, Seconded Clr Geoghegan

CARRIED


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9.2.3 DA 06-3385 DEMOLITION OF REGIONAL HERITAGE ITEM LOT 100 DP1069935, 36 BANKS STREET, EAST MAITLAND RECOMMENDATION: REFUSAL

File No: DA 06-3385 Attachment: Submissions

Responsible Officer: David Simm Manager Development & Environment Author: Clare James Heritage Officer Applicant: Pkdl Investments Pty Ltd Proposal: Demolition of Regional Heritage Item Location: 36 Banks Street, East Maitland Zone: 2(a) Residential

EXECUTIVE SUMMARY Development consent is sought from Council for the Demolition of a Regional Heritage Item at 36 Banks Street, East Maitland. The subject land is zoned Residential 2(a)under the Maitland Local Environmental Plan, 1993. Demolition is not a prohibited activity in the 2(a) zone. There has been no information submitted as to what is proposed for the future of the site. The site is an identified item of Regional heritage significance under the Maitland Local Environmental Plan 1993. It is also located in the East Maitland Conservation Area. Structures located on the site include a two storey, painted brick building thought to date to c1841, a detached single storey kitchen wing to the rear, and to the rear of the block, an original brick two storey six horse stable and granary. The buildings on the site are highly regarded with respect to their heritage significance as demonstrated by their listing with Council, the National Trust and are also currently being assessed for inclusion on the NSW State Heritage Register. Works to remove unsympathetic additions and to demolish and reconstruct the front verandah have been approved by Council, and were also the subject of a grant funding offer through the NSW Heritage Office. The application is to demolish all the structures existing on the site. With respect to the two storey structure, this is proposed on the basis of engineering assessments submitted with the application. The assessments provide comment as to the impact of differential settlement on the foundations of the structure and the impact of reactive soils which have resulted in structural problems which, in the opinion of the consultants, are not feasible to repair, and as such the demolition of the building is recommended by the engineering consultants. No report or comment has been provided in the application with respect to the kitchen wing or the stables building at the rear of the block, which are also significant and contributory structures on the site.


06 3385 Demolition of Regional Heritage Item 100 1069935 36 Banks Street, East Maitland (Cont)

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The level of information submitted with the application falls well short of minimum requirements for a proposal of this nature, as required under the Maitland Citywide DCP, Maitland Conservation and Design Guidelines. This would include a Statement of Heritage Impact and a thorough assessment by a suitably qualified and experienced conservation engineer in order to identify what options there are for the management of the buildings given their heritage value. On this basis it is considered that Council could not approve the demolition application as the lack of information provided does not allow Council to properly discharge its responsibility to comprehensively access the application under Section 79C of the EPA Act, 1979. Given the significance of the building, but also recognising that its structural integrity may be compromised, it is considered appropriate that Council proceed to the issuing of Orders under Section 121B of the Environmental Planning and Assessment Act, 1979 until the question of its demolition is properly resolved. These orders would: • Prevent the demolition of the building • Require the building to be made safe.

OFFICER'S RECOMMENDATION THAT:

1. DA 06-3385 for Demolition of Regional Heritage Item on Lot 100, DP1069935 36 Banks Street, East Maitland be refused for the following reasons:

a) That insufficient information has been provided in order to adequately assess the application

b) That the buildings are of regional and potentially State heritage significance, which warrant a thorough investigation as to all options for their retention and repair by a suitably qualified and experienced conservation engineer.

2. Council require the applicant to engage a suitably qualified/experienced conservation engineer to undertake a comprehensive structural assessment of the building and provide options for its management.

3. Council pursue the issue of Orders under Section 121B of the Environmental Planning and Assessment Act 1979 requiring that:

a) The building not be demolished

b) To undertake those works to the building necessary to render it structurally sound so as not to become a danger to the public.

4. The proposal is inconsistent with Clause 32 and 33 of the Maitland Local Environmental Plan 1993 which requires that development involving identified heritage items, and development within a Conservation Area consider how the development shall affect the heritage significance of the Heritage Item and the Conservation Area (Section 79C (1) (i) of the EP



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& A Act 1979). The proposal for demolition will detrimentally impact on the heritage significance of the site and the surrounding Heritage Conservation area, and is not deemed to be in the public interest.

PROCEEDINGS IN BRIEF Clr Geoghegan moved the following motion: THAT: 1. DA 06-3385 for Demolition of Regional Heritage Item on Lot 100, DP1069935,

36 Banks Street, East Maitland be refused for the following reasons:


2. Council engage a suitably qualified/experienced conservation engineer to undertake a comprehensive structural assessment of the building and provide options for its management and that the cost of the assessment be no more than $10,000 in addition to the Management Plan




4. The proposal is inconsistent with Clause 32 and 33 of the Maitland Local Environmental Plan 1993 which requires that development involving identified heritage items, and development within a Conservation Area consider how the development shall affect the heritage significance of the Heritage Item and the Conservation Area (Section 79C (1) (i) of the EP & A Act 1979). The proposal for demolition will detrimentally impact on the heritage significance of the site and the surrounding Heritage Conservation area, and is not deemed to be in the public interest.

(Moved Clr Geoghegan, Seconded Clr Garnham)

An amendment was moved by Clr Keating to adopt the Officer’s Recommendation. (Moved Clr Keating, Seconded Clr White) The amendment when put to the meeting was declared lost.

The motion when put to the meeting was declared carried.



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COUNCIL RESOLUTION THAT:

1. DA 06-3385 for Demolition of Regional Heritage Item on Lot 100, DP1069935, 36 Banks Street, East Maitland be refused for the following reasons:


2. Council engage a suitably qualified/experienced conservation engineer to undertake a comprehensive structural assessment of the building and provide options for its management and that the cost of the assessment be no more than $10,000 in addition to the Management Plan




4. The proposal is inconsistent with Clause 32 and 33 of the Maitland Local Environmental Plan 1993 which requires that development involving identified heritage items, and development within a Conservation Area consider how the development shall affect the heritage significance of the Heritage Item and the Conservation Area (Section 79C (1) (i) of the EP & A Act 1979). The proposal for demolition will detrimentally impact on the heritage significance of the site and the surrounding Heritage Conservation area, and is not deemed to be in the public interest.

Moved Clr Geoghegan, Seconded Clr Garnham

CARRIED


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9.2.4 DA 06-1882: DEVELOPMENT OF THREE (3) ADDITIONAL INDUSTRIAL BUILDINGS AT 49 RACECOURSE ROAD, RUTHERFORD (LOT28 DP264183) RECOMMENDATION: APPROVAL

File No: DA 06-1882 Attachments: Development Plans

Responsible Officer: David Simm Manager- Planning & Regulatory Services Author: Anthony Calthorpe Town Planner Applicant: G & D Donnelly P/L Proposal: Development of three (3) additional industrial

buildings Location: 49 Racecourse Road, Rutherford Zone: 4(b) Light Industrial

EXECUTIVE SUMMARY The applicant, G & D Donnelly, seeks consent for the development of three additional industrial buildings as part of the firm’s expansion of its existing business at 49 Racecourse Road, Rutherford. The proposed development of three separate buildings would allow the incremental expansion of the business as and when each stage is required. Equally, each of the proposed buildings would be capable of operating as self contained industrial buildings in the future should they no longer be required by the current applicant. The application is put before Council because the development costs exceed the $2 million Officer delegation. The application was not notified pursuant to Clause 6.2 of the Maitland Citywide DCP Chapter ‘Advertising/ Notification of Development Application’ because the development of industrial development in an industrial zone is considered to be an anticipated form of development (subject to satisfying relevant standards). The application site is bordered on its eastern boundary by a 6a Public Recreation Zone, beyond which is a 2a Residential Zone. In this instance, the applicant was requested to provide an acoustic assessment in order to determine any potential adverse effects beyond the site. Following a review of this assessment, it was considered that the imposition of appropriate operating conditions to any consent that may be granted could ensure that no significant adverse noise effects would occur to residents beyond the 6a Zone. All activities (other than movement of vehicles to and from the site) would be wholly contained within the proposed buildings and any generated noise would be lower than the current background levels for the locality. In addition, the applicant would construct a 2.1m high acoustic fence around the eastern boundary to further mitigate any adverse effects. For these reasons, the


06-1882 Development of three (3) additional industrial buildings 28 264183 49 Racecourse Road Rutherford (Cont)

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proposal was not advertised (pursuant to Clause 6.1 of the relevant Advertising/ Notification DCP Chapter) as any effects would not be discernible against existing noise levels in the locality. Overall, it is considered that the proposal is consistent with the intent and purpose of the industrial zone and is an appropriate form of development in its locality.


DA 06-1882, for Development of three (3) additional industrial buildings at 49 Racecourse Road, Rutherford (Lot 28, DP264183), be approved, subject to the conditions of consent set out in the attached schedule.


CARRIED



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SCHEDULE OF CONDITIONS Reason for Conditions The following condition(s) have been applied to the development, subject of this consent, to ensure that the development meets the requirements of the NSW Environmental Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment Regulation 2000, and the various policies and development controls of Maitland City Council and other government agencies relevant to the development being undertaken.

APPROVED PLANS AND DOCUMENTATION 37 The development shall be carried out in accordance with the stamped

approved plans and documentation as detailed in the following schedule and any amendments arising through conditions to this consent or as shown in red colour on the plans:

• Drawing No. 01, Rev 2: Existing Site Plan • Drawing No. 02, Rev 2: Proposed Concept Site Plan • Drawing No. 03, Rev 2: Floor Plan & Elevations – Stage 1 • Drawing No. 04, Rev 2: Floor Plan & Elevations – Stage 2 • Drawing No. 05, Rev 2: Floor Plan & Elevations – Stage 3 • Drawing No. 06, Rev 2: Landscaping Plan • Drawing No. 07, Rev 2: Sediment Control Plan • Drawing No. 08, Rev 2: Truck Movement Plan And all as drawn by GWH Group, dated 6/11/06

• Drawing No. 01 Rev 3: Drainage Plan (stamped concept only) • Drawing No. 02, Rev 3: Typical Pollution Control Pit Details • Drawing No. 03, Rev 3: Driveway Longitudinal Section and Detention Basin

Longitudinal & Cross Section And all as drawn by Geoff Craig and Associates, dated 12/12/06

CONTRIBUTIONS/FEES 38 Pursuant to Section 80A(1) of the Environmental Planning and Assessment

Act 1979, and the Maitland S94A Levy Contributions Plan 2006, a contribution of $22,000 shall be paid to the Council. The above amount is to be adjusted at the time of the actual payment, in accordance with the provisions of the Maitland City Council S94A Levy Contributions Plan 2006.

The time of the above payment shall be as follows:



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- Development applications involving building work - prior to release of the the Construction Certificate. - Development involving both subdivision and building work (eg. integrated housing developments) - prior to the release of the Construction Certificate, or the release of the Subdivision Certificate, whichever occurs first. - Development applications where no construction certificate is required - prior to issue of an Occupation Certificate.

GENERAL PROVISIONS 3 It is the consent holder’s 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.

4 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.

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

6 The development or any portion of the development shall not be used or occupied until an Occupation or Interim Occupation Certificate has been issued.

7 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.



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.



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9 The use of the building shall not be changed from the classification approved

of to that of another unless the change of use has been approved under the Environmental Planning and Assessment Act, 1979.

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

11 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.

SERVICES & EQUIPMENT 12 A copy of the fire safety schedule and fire safety certificate is to be prominently

displayed in the building in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation 2000.



SITE CONSIDERATIONS 15 All excavated an/or filled areas are to be retained or battered and suitably

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

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



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

building/structure on an adjoining allotment of land, the person causing the excavation to be made. i) Must preserve and protect the building/structure from damage, and

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

approved manner, and

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

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

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

obstructed or rendered inconvenient, or

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

19 A sign must be erected in a prominent position on the work: (i) stating that unauthorised entry to work site is prohibited, and



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(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.

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

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

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

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

24 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.


AMENITY 26 There is to be no interference with the residential amenity of surrounding areas

by reason of the emission of any noise, smell, smoke, vapour, fume or otherwise.



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27 Vehicles being loaded or unloaded are to stand wholly within the premises and

within loading bays designated on the approved plans. Vehicles are not to be loaded or unloaded at the kerbside or across the public footpath.

28 All work or storage of goods and materials is to be confined within the building except for external areas specifically approved for such purposes on the approved plan.

29 The use and occupation of the premises including all plant and equipment installed therein, shall not give rise to any offensive noise as defined under the Protection of the Environment Operations Act, 1997.

STORMWATER MANAGEMENT 30 Prior to issue of the Construction Certificate, a detailed stormwater drainage plan,

providing On-Site Detention (OSD) and entrapment of gross pollutants, nutrients and hydrocarbons generated from the contributing ground-surface catchment areas, shall be designed in accordance with Council’s Manual of Engineering Standards, and be approved by the Principle Certifying Authority.

The design shall be based on the concept plan number 06256 dated 12.12.06 with amendments required.

31 Prior to issue of the Occupation Certificate, the stormwater On Site Detention system shall be constructed in accordance with approved plans. A copy of Work-As-Executed drawings, verifying that the “detention” system has been satisfactorily constructed, shall be submitted to Council with the Occupation Certificate.

32 Prior to issue of the Occupation Certificate, a Stormwater System Maintenance Procedure Plan shall be prepared by an engineer, detailing a regular maintenance programme for pollution control devices, covering inspection, cleaning and waste disposal, a copy of which shall be submitted to Council.

33 Prior to issue of the Occupation Certificate, the existing Extended Kerb Inlet (EKI) lintel and the pit grate at the street kerb, shall be replaced with a heavy-duty “V” grate integral with the new kerb layback and a replacement street drainage pit and connecting drainage line constructed to Council’s satisfaction. Any redundant lintel and grate, which is not reutilised on site, shall be delivered to Council’s depot in good condition. If the lintel and/or grate have been damaged then new replacements shall be provided. Council’s Civil Maintenance Coordinator (John Kasch) should be contacted to arrange a suitable delivery time and a copy of the Coordinator’s receipt for the items shall be provided to Council’s Responsible Planning Officer.



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Council will conduct quality control inspections during modification of the existing street drainage pit and construction of the replacement pit in order to assess satisfactory compliance with Council’s construction standards. The applicant is to notify Council’s Development and Subdivision Engineer at least 24 hours in advance of inspections required for the abovementioned works.

34 A Trade Waste Certificate shall be obtained from Hunter Water Corporation

prior to the issue of the Occupation Certificate. A copy of the subject certificate shall be forwarded to Council.

CAR-PARKING 35 A minimum of 94 car parking spaces shall be provided on site at all times, in

accordance with the approved plans.

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

37 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.

38 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.

LANDSCAPING 39 The landscaped area of the development is to be maintained at all times in

accordance with the approved landscape plan. 40 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.

ACOUSTIC REQUIREMENTS 41 Prior to the issue of an Occupation Certificate, all noise control measures

set out under the headings ‘Acoustic Fence’ (Point 1) and ‘Workshop’ (Points 1-6) in the Reverb Acoustics Noise Impact Assessment “Proposed Mechanical Workshop Lot 28 (No. 49) Racecourse Road Rutherford NSW”, December 2006, at Section 8 (pages 10 & 11) shall be implemented. A certificate from an acoustic engineer certifying that the acoustic attenuation measures have been satisfactorily installed will be required prior to the release of the Occupation Certificate.



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42 No trucks will enter the site between the hours of 10pm to 7am, seven days a

week. An exception is allowed to this restriction for infrequent emergency deliveries. The most easterly truck turning circle is not to be used at any time between 10pm and 7am, seven days a week in order to prevent unnecessary activity and noise.

43 Waste disposal bins are to be located in shielded areas, at the western end of

the site. VEHICLE ACCESS 44 Prior to issue of the Construction Certificate, driveway profiles that comply with

Council’s standard drawings SD009 & SD011, (based on examples SD062 & SD063), shall be approved by the Principal Certifying Authority.

45 Prior to issue of the Construction Certificate, an application form – “Application To Construct Private Works On Footway” – for the driveway crossing on the public footway verge and the reconstruction of the southern layback, shall be submitted to Council, together with the appropriate fee.

46 Prior to issue of the Occupation Certificate heavy duty concrete driveway

crossing(s), from the road pavement to the property boundary, shall be constructed, in accordance with the approved design and Council’s standard drawings SD005, SD006, SD009, SD010, SD011 & SD014, with reference to Council’s information document “Footway Crossings (Driveways)”.

47 Prior to issue of the Occupation Certificate the layback of the existing heavy duty concrete driveway crossing on the southern side of the site is to be reconstructed to comply with Council’s Manual Of Engineering Standards. The adjacent road pavement is to be reconstructed/ adjusted as required to Council’s satisfaction.

ADVICES A Prior to submitting an application for an Occupation Certificate the applicant should

ensure that all relevant conditions of development consent have been complied with. B You are advised that in regard to potential soil erosion from the construction site, such

pollution of the environment is an offence under the Protection Of the Environment & Operations (POEO) Act and may incur infringement fines.

C You are advised that damage to existing roads (including footpaths and kerb/gutters)

and drainage as a result of construction works may incur rectification costs.



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D You are advised that there may be design matters in relation to the drainage concept

plan that warrant further attention prior to the issue of the Construction Certificate.

E You are advised that, prior to pouring of concrete driveways and kerbs, which act as

surface depression storage for the stormwater detention, (and/or surfaces which divert runoff to those storage areas), levels should be confirmed by survey on formwork and control marks.

F You are advised that further consent for a driveway across the footway verge and

street drainage pit relocation/modification must be obtained. Inspections of works (eg formwork & reinforcement MUST be carried out by Council’s Development and Subdivision Engineer. You should contact Council (ph. 49 34 9700), giving at least 24 hours notice for inspections.

G The property owner should note/be advised, that the issue of this development

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

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

application to Council.


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9.2.5 DA 06-3454: EXTENSION TO EXISTING COMMUNITY CENTRE 1041 1056829 LOT 1041 DP1056829, ARTHUR STREET, RUTHERFORD RECOMMENDATION: APPROVAL


Development Plan

Responsible Officer: David Simm Manager, Development & Environment Author: Anthony Calthorpe Town Planner Applicant: Maitland City Council Proposal: Extension to Existing Community Centre Location: Rutherford Community Centre, Arthur Street,

Rutherford Zone: 3(a) General Business

EXECUTIVE SUMMARY This application is made by Maitland City Council, care of Baker Kavanagh Architects, for an extension to the existing Rutherford Community Centre at Arthur Street, Rutherford. The proposal comprises the addition of 294m² of floor space to include auditorium, office and meeting room additions, as detailed on the application plans contained at Attachment 2. The extensions would be of a single storey nature and largely designed to continue the form and appearance of the existing Community Centre building. The extensions would allow for the facility to cater to the increased demands for good quality space to provide for events, activities and various programmes running in the local community. The application is put before Council in the interests of openness and fairness because Council is also the applicant. The application was notified and advertised for a period of 14 days and no submissions were received by Council.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT DA 06-3454, for an extension to the existing Community Centre at Lot 1041 DP1056829, Arthur Street, Rutherford, be approved, subject to the conditions of consent set out in the attached schedule.


CARRIED


06-3454 Extension to Existing Community Centre 1041 1056829 Lot 1041 DP1056829 Arthur Street Rutherford (Cont)

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SCHEDULE OF CONDITIONS

Schedule of Conditions DA 06-3454 Reason for Condition(s) The following condition(s) have been applied to the development, subject of this consent, to ensure that the development meets the requirements of the NSW Environmental Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment Regulation 2000, and the various policies and development controls of Maitland City Council and other government agencies relevant to the development being undertaken. APPROVED PLANS AND DOCUMENTS 39 The proposed development is to be carried out in accordance with the

approved plans detailed in the following schedule and any amendments to those plans arising through conditions to this consent. The approved plans are:

• Drawing No. DA 1.02, Issue A: Floor Plan • Drawing No. DA 2.01, Issue A: Elevations and Section • Drawing no. DA 1.01, Issue A: Site & Roof Plan And all as drawn by Baker Kavanagh Architects, dat5ed 11/11/06

• Drawing No. SW-01, Issue 1: Storm Water Concept Plan & Hydraulic

Services Plan As drawn by Marline Newcastle Pty Ltd, dated December 2006

GENERAL PROVISIONS 40 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.

41 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.

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

43 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.



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44 The development or any portion of the development shall not be used or

occupied until an Occupation or Interim Occupation Certificate has been issued. Occupation certificate applications must be accompanied by the required fee and all associated information and certifications. To ensure occupation or use of the development can occur in a timely fashion, the occupation certificate application should be submitted at the same time as the final inspection is being requested.

45 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.



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.

47 A copy of the approved plans and specifications and consent shall be kept on

the site at all times during construction.

48 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.

49 The applicant is required to submit to Council Notice of Commencement at least two (2) days prior to the commencement of construction works.

50 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.

51 All demolition works are to be carried out in accordance with Australian Standard AS 2601-2001.



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52 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.

SERVICES & EQUIPMENT 53 A copy of the fire safety schedule and fire safety certificate is to be prominently

displayed in the building in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation 2000.



ACCESS & EGRESS 56 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".

SITE CONSIDERATIONS 57 All excavated an/or filled areas are to be retained or battered and suitably

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

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



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

building/structure on an adjoining allotment of land, the person causing the excavation to be made. i) Must preserve and protect the building/structure from damage, and

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

approved manner, and

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


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

obstructed or rendered inconvenient, or

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

61 A sign must be erected in a prominent position on the work: (i) stating that unauthorised entry to work site is prohibited, and



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(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.

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

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

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

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

66 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.


FOOD PREMISES 68 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.



Page 40

69 Walls of all food premises, including food preparation areas, kitchens,

sculleries, food serveries, food display and food storage areas shall be of solid construction.

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.

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.

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.

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

71 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.

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

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

proof.

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

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

Council for approval. After installing the mechanical ventilation system the system is to be certified

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



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73 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.

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

75 The premises will be incorporated in Council’s Surveillance Program and will be subject to 1 inspection(s) per annum.

ADVICE A Works within three (3) metres of a fire source feature, being those on the

northern boundary adjoining the Rutherford Shopping Centre are to be protected in accordance with Part C of the Building Code of Australia.

B The consent holder is advised that the application plans are to be modified to include the entire building on Lot 1041 DP10566829. This requirement can be satisfied if the community centre is consolidated with the library into a single allotment.


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9.2.6 DA 06-3148 - MEDIUM DENSITY 2 UNITS & 2 LOT SUBDIVISION LOT 719 DP 1062779, 6 HOWE PLACE, RAWORTH RECOMMENDATION: APPROVAL


Development Plans Submission

Responsible Officer: David Simm Manager - Development and Environment Author: Rebecca Moroney Senior Town Planner Applicant: Agcad Pty Ltd Proposal: Medium Density - 2 Units and Two Lot

Subdivision Location: Raworth Zone: 2(a) Residential

EXECUTIVE SUMMARY Development consent is sought from Council for Medium Density 2 Units & 2 Lot Subdivision at Lot 719 DP 1062779, 6 Howe Place, Raworth. The subject land is zoned 2(a) Residential under the provisions of Maitland Local Environmental Plan, 1993. Medium Density & Subdivision are permissible forms of development in the 2(a) Residential Zone with Council consent and is consistent with the objectives of the zone. Council, at its meeting of 28 September 2004 refused development consent to a development application on the subject site for medium density housing consisting of four units. A Class One Appeal on the refusal was lodged with the NSW Land & Environment Court by the applicant. Consent Orders permitting the proposed development were issued by the NSW Land & Environment Court on 03 May 2005. The proposed 2 unit medium density development is generally consistent with Council policy, apart from two departures, and will have a reduced impact than that approved by the NSW Land & Environment Court. The proposed development was advertised in accordance with Council policy from 17 November 2006 to 04 December 2006. One submission was received during the exhibition period objecting to the development on the basis of being inconsistent with the “lifestyle” lots in the immediate locality and failure to comply with garage setbacks. It is considered that, on merit, these departures are minor in nature with


DA 06-3148 Medium Density 2 Units & 2 Lot Subdivision Lot 719 DP 1062779, 6 Howe Place, Raworth (Cont)

Page 43

the proposed development to provide a greater outcome than that which has previously been approved on the site.


DA 06-3148 for Medium Density 2 Units & 2 Lot Subdivision on Lot 719 DP 1062779, 6 Howe Place, Raworth be approved, subject to the conditions of consent set out in the attached schedule.


CARRIED



Page 44

SCHEDULE OF CONDITIONS Schedule of Conditions DA 06-3148

Dual Occupancy and Medium Density Housing (DA Only)

Reason for Condition(s) The following condition(s) have been applied to the development, subject of this consent, to ensure that the development meets the requirements of the NSW Environmental Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment Regulation 2000, and the various policies and development controls of Maitland City Council and other government agencies relevant to the development being undertaken.

APPROVED PLANS AND DOCUMENTATION

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

and documentation and any amendments arising through conditions to this consent or as shown in red colour on the plans.

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

and documentation as detailed in the following schedule and any amendments arising through conditions to this consent or as shown in red colour on the plans:

Plan Ref: Plan No. Date. Prepared By.

CCAD5 11165 – Proposed Subdivision

18.05.06

Scott, Crisp & Dilley Pty Ltd

06-112 DA-01 – Landscape Plan

OCT’ 06

agcad

06-112 DA-03 – Unit 1 Architecturals

MAY’06

agcad

06-112 DA-04 – Unit 2 Architecturals

OCT’06 agcad

06-112 DA-02 – Preliminary Stormwater Design Driveway

MAY’06

agcad

CONTRIBUTIONS/FEES 3 Pursuant to Section 80A(1) of the Environmental Planning and Assessment Act 1979,

and the Maitland S94 Contributions Plan (City Wide) 2006, a contribution of $8,844 shall be paid to the Council. The contribution is calculated from Council's adopted Section 94 Contributions Plan in the following manner:



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3 bedroom Total Local Rec & Open Space (2006-CW) 1 x $1,218 $1,218 District Rec & Open Space (06-CW) 1 x $948 $948 Citywide Road & Traffic Works (06-CW) 1 x $3,970 $3,970 Cultural Services (2006-CW) 1 x $734 $734 Community Services (2006-CW) 1 x $1,688 $1,688 Citywide Cycleways (2006-CW) 1 x $155 $155 Management/Admin Citywide (06-CW) 1 x $131 $131 _____ _____ $8,844 $8,844 The above amount is to be adjusted at the time of the actual payment, in accordance with the provisions of the Maitland Section 94 Contributions Plan (Citywide) 2006. The time of the above payment shall be as follows: - Development applications involving subdivision - prior to release of the Subdivision Certificate. - Development applications involving building work - prior to release of the Construction Certificate. - Development involving both subdivision and building work (eg. integrated housing developments) - prior to the release of the Construction Certificate, or the release of the Subdivision Certificate, whichever occurs first. - Development applications where no construction certificate is required - prior to issue of an Occupation Certificate. - Development applications for extractive industries - annually from the date of issue of the development consent. The above "contribution" condition has been applied to ensure that: i) Where the proposed development results in an increased demand for public amenities and services, payment towards the cost of providing these facilities/services is made in accordance with Council's adopted contributions plan prepared 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.

4 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 $250.00)

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

6 House numbers for all proposed lots will be allocated by Council when the final plan of survey has been endorsed and payment of relevant House Numbering Fees has been made.

UTILITY SERVICES 7 A Certificate under Section 50 of the Hunter Water Corporatisation Act, 1991,

shall be obtained prior to endorsement of the final survey plan. Applications for Section 50 Certificates are to be made direct to the Hunter Water Corporation.



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CERTIFICATES 8 Prior to the commencement of works an application for a Construction Certificate

shall be submitted to, and be approved by, the Principal Certifying Authority. 9 Prior to the issue of an Occupation Certificate all conditions of development

consent shall be complied with. 10 Prior to occupation of the building an Occupation Certificate shall be issued by

the Principal Certifying Authority. 11 Prior to issue of the Construction Certificate, a certificate under Section 50 of the

Hunter Water Act shall be submitted to the Principal Certifying Authority.

12 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.

13 (1) Building work that involves residential building works (within the meaning of

the Home Building Act, 1989) must not be carried out unless the principal certifying authority for the development to which the work relates:

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

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

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

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

(i) has been informed in writing of the person’s name and owner-builder permit, or

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

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



Page 47

DESIGN 14 All service pipes and vents shall be concealed within the external walls of the building.

Access panels shall be provided in accordance with the requirements of the relevant authorities.

15 External clothes lines shall be provided at the rate of 10 lineal metres per

dwelling/unit, or alternatively a mechanical clothes dryer provided to each dwelling/unit.

16 Prior to the issue of the Construction Certificate a detailed materials schedule and

colour scheme shall be provided to and approved by the Council.

LANDSCAPING 17 All landscaped areas of the development shall be maintained at all times in

accordance with the approved landscape plan(s). The landscaped areas shall be kept free of parked vehicles, stored goods, garbage or waste material.

18 Prior to the issue of the Construction Certificate a detailed landscape plan shall

be submitted to and approved by Council. This plan shall detail:

• the location of all paved and landscaped areas

• the type of species

• the mature height and spread of all proposed trees and shrubs

• the type of screening of garbage storage areas

• fencing and retaining wall heights, materials, colours and finishes

19 Trees exceeding 3 metres in height or having a branch spread of 3 metres or more in

diameter shall not be removed from the subject land unless: i) The removal is essential to accommodate the buildings, driveways,

landscaping and drainage works associated with the approved development; or

ii) Consent to the removal of the tree(s) has been granted by Council in accordance with Clause 29 of the Maitland Local Environmental Plan 1993.

CARPARKING 20 Car parking for the development shall be provided in accordance with the approved

plans, providing: 4 spaces required to be covered.



Page 48

21 All driveways, parking areas and vehicles turning areas shall be constructed with a

bitumen or segmental paver surface (on a granular pavement base), or as reinforced concrete.

22 All parking bays and vehicle manoeuvring areas shall be clearly delineated. “Visitor

parking” spaces shall be signposted.

VEHICLE ACCESS 23 Prior to issue of the Construction Certificate, driveway profiles that comply with

Council’s standard drawings SD009 & SD011, (based on examples SD062 & SD063), being compatible with the site’s drainage system, shall be approved by the Principal Certifying Authority.

24 Prior to construction of the driveway crossings on the public footway verge, an

application form – “Application To Construct Private Works On Footway” – shall be submitted to and be approved by Council, together with the appropriate fee.

25 Prior to issue of the Occupation Certificate the driveway(s), from the road

pavement to the vehicle parking area shall be constructed, in accordance with Council’s standard drawings SD005, SD006, SD009, SD010, SD011 & SD014, with reference to Council’s information document “Footway Crossings (Driveways)”.

STORMWATER DRAINAGE 26 Prior to issue of the Construction Certificate, a detailed stormwater drainage plan,

providing On-Site Detention (OSD) of stormwater, and designed in accordance with Council’s Manual Of Engineering Standards, shall be approved by the Principle Certifying Authority.

Stormwater runoff from driveway areas must be intercepted and conveyed into a detention system. The capacity of the detention systems must be calculated in accordance with Section 12.4.5 of Council’s Manual of Engineering Standards.

The design shall be based on the concept plan number 06-112 DA-02 dated 25-10-06 with amendments required.

27 Prior to issue of the Occupation Certificate, the stormwater On Site Detention

system(s) shall be constructed in accordance with the approved plans.

A copy of Work-As-Executed drawings, verifying that the “detention” has been satisfactorily constructed, shall be submitted to Council with the certificate.

28 Final discharge of collected stormwater shall be piped to the existing inter-allotment

drainage system.



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EROSION CONTROLS 29 The property shall be protected against soil erosion, such that sediment is not carried

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

BUILDING CONSTRUCTION 30 All building work shall be carried out in accordance with the provisions of the Building

Code of Australia (BCA).

SITE REQUIREMENTS 31 All excavations and backfilling associated with the erection or demolition of a building

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

32 All excavated and/or filled areas are to be retained or battered and suitably drained so as to prevent any subsidence of the area and constructed so as to deny any flow of water into or around the building or neighbouring buildings or onto neighbouring land.

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

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

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

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

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




Page 50

34 The applicant is required to notify Council in writing prior to commencing building

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

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

building work to ensure that adequate sanitary provisions are provided and maintained on the building site for use by persons engaged in the building activity. The number of toilets provided shall be 1 toilet per twenty persons or part thereof employed on the site. The temporary toilet is to be connected to the sewerage system or an approved septic tank or otherwise may be a chemical toilet supplied by a licensed contractor.

36 Unless otherwise approved by Council in writing, all building work shall be carried out

between the hours of:

a. 7.00am to 6.00pm Monday to Friday

b. 7.00am to 5.00pm Saturday

Any work performed on Sunday’s or Public Holidays that may cause offensive noise, as defined under the Protection of the Environment Operations Act, is prohibited.

37 All waste shall be contained within a secure enclosure or bin. 38 Waffle pods used in the construction of the building shall not be delivered to the site

unless wrapped or securely tied. The waffle pods are to be secured on-site to prevent scattering by wind. Off-cuts and unused pods must be wrapped in plastic or similar material and removed from the site immediately upon completion of slab construction.

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

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

on the site (not attached to any tree) identifying the name, address and telephone number of the Principal Certifying Authority (PCA) for the work. The sign shall also display the name, address and telephone number of the Principal Contractor for the work (or Owner/Builder) and shall state that unauthorized entry to the site is prohibited. The sign must be maintained while the work is being carried out and is to be removed when the work is completed.

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

of the building.



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ADVICES A Prior to submitting an application for an Occupation Certificate the applicant should

ensure that all relevant conditions of development consent have been complied with. B You are advised that in regard to potential soil erosion from the construction site, such

pollution of the environment is an offence under the Protection Of the Environment & Operations (POEO) Act and may incur infringement fines.

C You are advised that damage to existing roads (including footpaths and kerb/gutters)

and drainage as a result of construction works may incur rectification costs. D You are advised that there are detailed design matters in relation to the drainage

concept plan that warrant further attention prior to preparation of the detailed drainage plan for the issue of the Construction Certificate. Prior to Council’s assessment of a fully detailed design, the “Drainage Plan Assessment Fee” of $446 must be paid.

E You are advised that, prior to pouring of concrete driveways and kerbs, which act as

surface depression storage for the stormwater detention, (and/or surfaces which divert runoff to those storage areas), levels should be confirmed by survey on formwork and control marks.

F You are advised, that upon possible future subdivision of the development,

easements for stormwater drainage systems and restriction on the title regarding their maintenance, may be required.

G You are advised that further consent for a driveway across the footway verge must

be obtained. Inspections of works (eg formwork & reinforcement MUST be carried out by Council. (See Council’s “Application To Construct Private Works On Footway”). You should contact Council (ph. 49 34 9700), giving at least 24 hours notice for inspections.

H The property owner should note/be advised, that the issue of this development

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


Page 52

9.2.7 DELEGATIONS FOR TOWN PLANNERS

File No: 40/1


Author: Leanne Harris Group Manager, 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 development applications solely on the basis of the value of works proposed.

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 the determination of development applications be amended as follows: • The maximum estimated cost of development that can be determined

under delegated authority be increased from $2million to $5million

PROCEEDINGS IN BRIEF Clr Fairweather moved the following motion:

THAT the status quo remain.

(Moved Clr Fairweather, Seconded Clr White)

An amendment was moved by Clr Garnham to adopt the Officer’s Recommendation.

(Moved Clr Garnham, Seconded Clr Geoghegan)

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

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 the determination of development applications be amended as follows:

• The maximum estimated cost of development that can be determined under delegated authority be increased from $2million to $5million

Moved Clr Garnham, seconded Clr Geoghegan

CARRIED


Page 53

9.2.8 DRAFT AMENDMENTS TO S94A LEVY CONTRIBUTIONS PLAN 2006

File No: 103/41

Attachment (1): Ministers Direction Under Section 94E

Responsible Officer: Leanne Harris Manager Planning and Regulation

Author: Amanda McMahon Development Contributions Coordinator

EXECUTIVE SUMMARY In June 2006 Council resolved to adopt the S94A Levy Contributions Plan 2006, which allows Council to impose the requirement for the payment of a monetary contribution equal to 1% of the estimated cost of a development. On 10 November 2006, the Minister for Planning issued a direction under Section 94E of the Environmental Planning & Assessment Act restricting the imposition of the maximum rate of 1% and prohibiting the use of section 94A in respect of certain developments. This direction has applied to all development applications and applications for complying development certificates finally determined after 1 December 2006. The S94A levy Contributions Plan 2006, has been amended to reflect the changes imposed by this direction and is now presented to Council for consideration. A clause has also been inserted into the plan that will permit Council to amend the plan to reflect any future directions from the Department of Planning without requiring the exhibition of the changes.


1. Council exhibit the Draft Amendments to the Section 94(A) Contributions Plan for a minimum of 28 days.

2. Should there be no submissions received, the Draft Amendments to the Section 94(A) Contributions Plan be adopted.


CARRIED


Page 54

9.2.9 QUARTERLY REPORT - SECTION 94 CONTRIBUTIONS

File No: 103/41

Attachments: Summary of Section 94 Balances as at 31.12.06

Responsible Officer: Leanne Harris Manager Planning and Regulation

Author: Amanda McMahon Development Contributions Coordinator

EXECUTIVE SUMMARY This report provides the Council with information in relation to Section 94 contributions, including fund balances and commitments as of 31 December 2006 This information is based upon the projects adopted as part of the 2006/2007 Management Plan, income received in the December 2006 quarter, and Council resolutions and decisions in relation to Section 94 projects.

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


CARRIED


Proposed Interim Heritage Order, Morpeth (Cont.)

Page 55

DEPARTURE OF COUNCILLOR Clr Geoghegan left the chambers at 7.15pm as he had declared a pecuniary interest in this item. 9.2.10 PROPOSED INTERIM HERITAGE ORDER, MORPETH

File No: 96/2

Attachments (3): Map Submissions Morpeth – Character Statement

Responsible Officer: Leanne Harris Group Manager Planning & Regulation

Author: Debbie Gordon / Clare James Project Planner / Heritage Officer

EXECUTIVE SUMMARY Council has received a request for an Interim Heritage Order (IHO) to be placed over the Morpeth Heritage Conservation Area. The IHO is sought to enable a review to be undertaken of the adequacy of statutory protection over the Conservation Area and to investigate the potential of the area for State listing. A number of development applications are currently being considered by Council in and surrounding Morpeth. Concern has been raised by the residents that such development proposals are contrary to Council’s adopted heritage planning principles and greater protection should be afforded to Morpeth in order to maintain its integrity. Section 25 of the NSW Heritage Act 1977 provides Council with the delegation to make an Interim Heritage Order over land, however the clause specifically excludes items, places or areas that already have statutory protection under the Environmental Planning and Assessment Act 1979. In this case, Morpeth is identified as a Heritage Conservation Area in Maitland LEP 1993 and specific provisions exist to regulate the demolition, damage, and development of land and items within the area. As such, Council is not able to place an Interim Heritage Order over the Morpeth area. It is considered that the current heritage conservation provisions within the Maitland LEP 1993 and the heritage planning principles contained within Council’s adopted Citywide Development Control Plan – Maitland Conservation and Design Guidelines, are adequate to enable Council to assess and determine development applications under Section 79C of the Environmental Planning and Assessment Act 1979. The responsibility for the administration of the NSW Heritage Act and the consideration of such matters rests with the NSW Heritage Office. It is therefore appropriate that Council refer the proposed nomination to the NSW Heritage Office for their consideration. This will entail further consultation with the NSW Heritage Office regarding the appropriate level of protection of land within the Morpeth Conservation Area.


Proposed Interim Heritage Order, Morpeth (Cont.)

Page 56

OFFICER'S RECOMMENDATION THAT the nomination to Council of the Morpeth Heritage Conservation Area for an Interim Heritage Order be referred to the NSW Heritage Office for their consideration.

COUNCIL RESOLUTION

THAT:

1. The request for nomination of the Morpeth Heritage Conservation Area for an Interim Heritage Order be noted.

2. The Council respond to the resident’s request on the basis that the current heritage conservation provisions within the Maitland LEP 1993 and heritage planning principles contained within Council’s adopted Citywide Development Control Plan are considered adequate to enable Council to assess and determine development applications under Section 79(C) of the Environmental Planning and Assessment Act, 1979.

Moved Clr Procter, Seconded Clr Meskauskaa

CARRIED

Note: Clr Geoghegan returned to the chambers at 7.41pm.


Page 57

9.2.11 PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD

File No: RZ03006

Attachment (1): Locality Plan

Responsible Officer: Monica Gibson City Strategist

Author: Mark Roser Strategic Town Planner

EXECUTIVE SUMMARY On 26 September 2006, Council resolved to submit Draft Local Environmental Plan No. 94, for the purpose of permitting a car park on land at Rutherford, to the Department of Planning, pursuant to section 68(4) of the Environmental Planning and Assessment Act 1979. Furthermore, Council resolved to hold a public hearing in respect of the Draft Plan of Management over the subject land. Consultation has since been undertaken with the Department of Planning regarding the progression of the LEP amendment. Correspondence received from the Department raised issues about the draft LEP and ultimate zoning and land use for the site. This report considers the issues raised by the Department of Planning and recommends not to progress the amendment at this stage, as there are alternative options to permit the development of a car park on the subject land if and when the car parking is required.


The Draft LEP for Lot 30 DP456909 New England Highway Rutherford, to permit the provision of a car park on land zoned 6(a) Public Recreation, not be progressed at this stage.


CARRIED


Page 58

9.2.12 PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 REZONING OF LAND ON LOUTH PARK ROAD, LOUTH PARK.

File No: RZ06008

Attachment: Locality Plan


Author: Gary Hamer Town Planner

EXECUTIVE SUMMARY The purpose of this report is to consider the suitability of a rezoning proposal for land at Louth Park Road, Louth Park. The land is currently zoned 1(b) Secondary Rural Land by the Maitland Local Environmental Plan 1993. An application has been made for an amendment to the Maitland Local Environmental Plan to consider the development of land for residential purposes. This application is consistent with local and regional strategies, which identify the land as part of the Louth Park Investigation Area. The Maitland Urban Settlement Strategy nominates the site as a Preferred Rural Residential area. A review has been undertaken of the subject land, considering the site characteristics and its suitability for urban development. Preliminary environmental investigations were submitted with the rezoning proposal. A number of matters affect the site including the presence of native vegetation, previous activities including mine workings and the road network. In accordance with Department of Planning guidelines, additional detailed studies will be required should Council decide to prepare a draft local environmental plan. The preliminary studies and desktop review confirm that there is no impediment to progress with the preparation of a draft local environmental plan. The most appropriate zoning and land use will be determined following more detailed environmental studies for the land

OFFICERS RECOMMENDATION THAT:

1. Pursuant to Section 54 of the Environmental Planning and Assessment Act 1979, Council prepare a draft Local Environmental Plan to rezone land shown in Attachment 1 for residential purposes.


rezoning proposal for louth park (Cont.)

Page 59

2. In accordance with Section 74C of the Environmental Planning and Assessment Act 1979, Council prepare a development control plan to make more detailed provision for the development of the Louth Park Investigation Area.

Moved Clr Fairweather, Seconded Clr Meskauskas

CARRIED


Page 60

9.2.13 PREPARATION OF DEVELOPMENT CONTROL PLAN, INTEGRATED TOURIST AND RESIDENTIAL DEVELOPMENT, ST HELENA CLOSE LOCHINVAR

File No: RZ04019


Author: Monica Gibson City Strategist

EXECUTIVE SUMMARY Council has resolved to submit a draft plan to the Minister for Planning to amend the Maitland Local Environmental Plan to allow the development of an integrated tourist and residential village at St Helena Close Lochinvar. Before determining a development application applying to the land, the draft plan requires a development control plan to be prepared. The purpose of this report to initiate the process for the preparation and exhibition of development controls.


1. Pursuant to Section 74C of the Environmental Planning and Assessment Act 1979, a draft development control plan for the integrated tourist and residential development at 9-13 St Helena Close, Lochinvar be prepared and exhibited.

2. A further report be presented to Council at the conclusion of the exhibition process.


CARRIED Note Clr Geoghegan did not leave the chamber for this item even though he had declared a pecuniary interest. This item together with items 9.2.1, 9.2.4, 9.2.5, 9.2.6, 9.2.8, 9.2.9, 9.2.11 and 9.2.16 were moved by Clr Humphery, Seconded Clr Garnham with no discussion on block.


Page 61

9.2.14 WOODBERRY NEIGHBOURHOOD CENTRE REVITALISATION PLAN

File No: 103/123

Attachments: Locality Plan


Author: Mark Roser Strategic Town Planner

EXECUTIVE SUMMARY The revitalisation and enhancement of Maitland’s neighbourhood business centres is a program identified in Council’s Corporate Plan 2005 – 2008. In May 2006 Council resolved to prepare a Neighbourhood Centre Revitalisation Plan for Woodberry commercial centre to revitalise the attractiveness, amenity, accessibility and potential viability of the centre. The purpose of this report is to provide Council with an update on the progress of the project, to identify funding implications and options and the establishment of a “Working Group” for the development and implementation of the revitalisation plan. An opportunities and constraints review exercise has been initiated to identify the main issues associated with the functioning and appearance of the Woodberry neighbourhood commercial centre, including but not limited to, traffic and pedestrian management, streetscape/shop appearance and the establishment of a recognisable character for Woodberry commercial precinct. The next stage in the development of a revitalisation plan for Woodberry commercial area is the formation of a working group and community consultation.


1. Council establish a “Working Group” as outlined in this report for the purpose of developing a revitalisation plan for Woodberry neighbourhood commercial centre;

2. The working group comprise of:

• (2) Councillors;

• (4) owner/operators of the businesses within the Woodberry commercial centre; and

• Relevant Council Officers as issues arise.

3. Expressions of interest be invited from local business owners.


WOODBERRY NEIGHBOURHOOD CENTRE REVITALISATION PLAN (Cont.)

Page 62

COUNCIL RESOLUTION THAT:

1. Council establish a “Working Group” as outlined in this report for the purpose of developing a revitalisation plan for Woodberry neighbourhood commercial centre;

2. The working group comprise of:

• (3) North Ward Councillors;

• (3) owner/operators of the businesses within the Woodberry commercial centre; and

• Relevant Council Officers as issues arise.

3. Expressions of interest be invited from local business owners.

Moved Clr Keating, Seconded Clr Procter

CARRIED


Page 63

9.2.15 LOCHINVAR URBAN RELEASE AREA AND DRAFT LOCHINVAR STRUCTURE PLAN

File No: 103/123

Attachment: Submission


Author: Monica Gibson City Strategist

EXECUTIVE SUMMARY In 2006, Council officers prepared a Draft Structure Plan for the Lochinvar Investigation Area. This plan is currently on exhibition and submissions have been invited from the local community, state government agencies and other stakeholders. A submission with twenty signatures has been received from local residents requesting an extension of the exhibition period and a public meeting. Further consultation processes on the Draft Lochinvar Structure Plan are forthcoming for Councillors and the community, and it is considered reasonable to extend the exhibition period until for another four weeks. It is proposed to establish a Councillor Working Group to oversee and contribute to the structure planning exercise. A similar group has been in place for the Thornton North area since 2003, and has successfully negotiated the adoption and implementation of the Thornton North Structure Plan.


1. The exhibition period for the Draft Lochinvar Structure Plan be extended for another four weeks, and local residents be notified of the closing date for submissions.

2. A public meeting be held regarding the Draft Lochinvar Structure Plan.

3. The Lochinvar Structure Plan Councillor working group comprising the Mayor (or nominee) and three (3) Councillors be established.

Moved Clr Meskauskas, Seconded Clr Way


FORMATION OF WORKING GROUP FOR LOCHINVAR URBAN RELEASE AREA (Cont.)

Page 64

COUNCIL RESOLUTION

THAT:

1. The exhibition period for the Draft Lochinvar Structure Plan be extended for another four weeks, and local residents be notified of the closing date for submissions.

2. A public meeting be held regarding the Draft Lochinvar Structure Plan.

3. The Lochinvar Structure Plan Councillor working group comprising the Mayor (or nominee) and three (3) West Ward Councillors be established.

Moved Clr Meskauskas, Seconded Clr Way

CARRIED


Page 65

9.2.16 AREA ASSISTANCE SCHEME GRANT

File No: 29/13

Responsible Officer: Lynn Morton Manager Community & Recreation Services

Author: Cathy Hurst Acting Community Development Officer

EXECUTIVE SUMMARY This report recommends that Council accept an Area Assistance Scheme Grant for the sum of $233,673.00 over three (3) years which has been offered by the Department of Community Services. The funded project is auspiced by Maitland City Council but is designed to fund a joint Newcastle City Council and Maitland City Council proposal. Known as the “Berotarrowood Project” its main purpose is to plan, develop and implement projects that promote sustainable community wellbeing, economic prosperity and environmental care within the Newcastle areas of Beresfield and Tarro and the Maitland suburb of Woodberry, and surrounding areas.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT the grant of $233,673.00 offered by the Department of Community Services for the Berotarrowood project be accepted by Council and signed under Common Seal.


CARRIED


Page 66

9.3 ASSETS

9.3.1 ROAD CLOSURE - PART OF EAST MALL, RUTHERFORD

File No: 122/901

Attachment: Locality Plan

Responsible Officer: Chris James Group Manager Assets

Author: Kevin Stein Design Co-ordinator

EXECUTIVE SUMMARY This matter deals with the closure of part of East Mall upon which Rutherford Library was recently constructed.


1. Part of East Mall Rutherford occupied by Rutherford Library be closed;

2. Upon closure the land be classified as community land and consolidated with Lot 1041, DP 1056829;

3. Affixing of Council seal to documents and plans for the Consolidation of Closed Road and Lot 1041.

Moved Clr Way, Seconded Clr Meskauskas

CARRIED


Page 67

9.3.2 CAPITAL WORKS PROGRAMME 2006/07

File No: 35/33/12, 12/1

Responsible Officer: Chris James Group Manager Asset

Author: Chris James Group Manager Assets

EXECUTIVE SUMMARY The purpose of this report is to firstly present to Council an assessment of the current workload associated with the increased capital works programme and secondly, to highlight the potential resourcing problems that will be faced in delivering the programme. This report seeks Councils consideration for the employment of additional engineering and design staff for the Assets and Infrastructure area.


1. Council approve an increase in staff establishment in the Assets and Infrastructure Planning Division of 3 persons in the positions of

Design officer – two (2) positions

Traffic Engineer – one (1) position

2. The positions be offered on a permanent basis


CARRIED


Page 68

10 ITEMS FOR INFORMATION

10.1 STATUS REPORT ON WORKS AND PROJECTS

File No: 122/814

Responsible Officer: Wayne Cone Group Manager City Works & Services

Author: Richard Minter Manager Projects & Emergency Services

Ian Wakem Manager Civil Works

EXECUTIVE SUMMARY A report of the status of emergency services, major construction works and projects within the 2005/2006 and 2006/2007 Capital Works Programs undertaken by the City Works and Services Group is submitted for Council’s information.


Moved Clr White, Seconded Clr Woods

CARRIED


10.2 COUNCILLOR MOTIONS

File No: 35/61



EXECUTIVE SUMMARY The following report details the current status of Councillor Motions/Urgent Business/Questions Without Notice which are currently being actioned by Council Officers.



CARRIED

Page 69


10.3 COUNCIL'S HOMEPAGE STATISTICS

File No: 31/15

Responsible Officer: Graeme Tolhurst Group Manager Finance and Administration

Author: Christopher Peacock Network and Communication Support Officer

EXECUTIVE SUMMARY This report provides statistics about Council’s web site. The statistics contained in the report allows Council to identify the type of services being accessed or used by the public and other organisations.



CARRIED

Page 70


10.4 MAITLAND COMMUNITY WATER GRANT

File No: 55/16

Responsible Officer: David Simm Manager Development & Environment

Author: Amanda Burns Community Support Officer

EXECUTIVE SUMMARY Environmental Programs submitted a Community Water Grant Round 2 application to the Australian Government in 2006 to fund revegetation and landscaping works at the Woodberry Family Centre, Lawson Ave Woodberry. The application was successful with Council awarded $16,364 to implement the on-ground project.



CARRIED

Page 71


10.5 REVITALISATION OF WOODBERY SWAMP - ENVIRONMENTAL TRUST GRANT

File No: 55/17

Responsible Officer: David Simm Manager Development and Environment

Author: Stephen McLeod Environmental Projects Coordinator

EXECUTIVE SUMMARY On January 9th 2007 the Environmental Trust approved a grant of $83,660 to Maitland City Council for the project entitled ‘Revitalisation of Woodberry Swamp’. This 2 year project will focus on a 103ha section of the wetland system in Council ownership and will include weeding and revegetation works aimed at increasing both the level of biodiversity within the system and the level of resilience to future developmental pressures. Community engagement in the process will contribute to the development of a ‘Sense of Place for local residents’, helping to address a range of social issues in the area as well.



CARRIED

Page 72


10.6 REZONING REQUEST - 89 HIGH STREET MAITLAND

File No: RZ06001

Attachments: Response from Department of Planning


Author: Debbie Gordon Project Planner

EXECUTIVE SUMMARY Council considered a report at the Ordinary Meeting of 28 February 2006 on the proposed rezoning of land at 89 High Street, Maitland to permit the establishment of a real estate office. It was resolved that Council support the preparation of a draft LEP pursuant to Section 54(1) of the Environmental Planning and Assessment Act 1979 and notify the Department of Planning of its decision. The Department notified Council that they do not support the spot rezoning and will not be issuing Council with the delegations to proceed. The matter was reconsidered by Council at the Ordinary Meeting of 23 May 2006. Council further resolved that the application be resubmitted to the Department of Planning with a strong argument for support. A Strategic Review of South High Street Maitland was prepared and submitted to the Department of Planning in September 2006 addressing the potential for commercial development in the study area and justifying support for the proposed redevelopment of the subject site. The Department of Planning advised Council on 16 January 2007 that they are still unable to support the proposed draft amendment. As such, no further action can be undertaken on this proposal at present. Further investigation of the South High Street area will be considered as part of future strategic reviews such as the Central Maitland Structure Plan and development of the Maitland Centres Policy.



CARRIED

Page 73


10.7 UPCOMING ENVIRONMENTAL EDUCATION ACTIVITIES

File No: 55/12/1

Responsible Officer: David Simm Manager Development and Environment

Author: Fiona Scanes Environmental Health Officer

EXECUTIVE SUMMARY Councils Environmental Programs Team is working on a number of environmental initiatives which will be completed in the coming month. The Maitland Super Show will be held on February 16, 17 and 18 and will feature environmental displays and performances. Clean Up Schools Day and Clean Up Australia Day will be held on March 2 and March 4 respectively and provide the community with the opportunity to clean up the local environment. The environmental programs team is also working on a calendar of events for 2007 which will provide community and school groups with the opportunity to become involved in their local environment.

OFFICER”S RECOMMENDATION/COUNCIL RESOLUTION THAT the information within this report be noted.


CARRIED

Page 74


10.8 PRESENTATION OF COMMEMORATIVE AWARD TO MAITLAND CITY COUNCIL - 10YR COMMITTMENT TO THE LOCAL GOVERNMENT ROAD SAFETY PROGRAM

File No: 140/16

Responsible Officer: Chris James Group Manager Assets

Author: Alison Marshall Road Safety Officer

EXECUTIVE SUMMARY The Local Government Road Safety Program Steering Committee formally recognised the pivotal road safety role played by Local Government by awarding a commemorative plaque to Maitland City Council and other Council’s who achieved ten years commitment to the LGRSP.



CARRIED

Page 75


11 NOTICE OF MOTION/RESCISSION

11.1 FUTURE RECREATIONAL LAND NOTICE OF MOTION SUBMITTED BY CLR STEVE PROCTER

File No: 101/1

Attachment: Locality Map


Clr Steve Procter has indicated his/her intention to move the following Notice of Motion at the next Ordinary Council of Council on 13 February 2007, as follows: THAT Maitland City Council’s General Manager and appropriate senior staff investigate the possibility of purchasing the parcel of land which is currently part of the Farragher Estate for future recreational land. The parcel of land joins our holdings of recreation grounds in the east and I believe that Maitland City Council should endeavour to purchase the land for future passive recreational use.

COUNCIL RESOLUTION THAT Maitland City Council’s General Manager and appropriate senior staff investigate the possibility of purchasing the parcel of land which is currently part of the Farragher Estate for future recreational land.

Moved Clr Procter, Seconded Clr White

CARRIED

Page 76


11.2 REGULATION OF COMPUTER RECYCLING NOTICE OF MOTION SUBMITTED BY CLR WENDY WHITE

File No: 31/1

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Clr Wendy White has indicated his/her intention to move the following Notice of Motion at the next Ordinary Council of Council on 13 February 2007, as follows: THAT Maitland City Council supports the regulation of computer recycling and that, after the election, the Mayor writes to the new Minister for the Environment urging him/her to use existing powers in the Waste Avoidance and Recovery Act 2001 to regulate requirements for producers of computers to take back their own brands at the end of life.

COUNCIL RESOLUTION THAT Council do the following things:

1. Write to the NSW and Australian Environment Ministers, seeking the imposition of a clear extended producer responsibility scheme for the computer industry that requires them to fully cover the cost of computer collection, recycling and processing

2. Until these assurances of industry funding are confirmed, Council does not undertake any further ewaste collection trials or services, and that computers be excluded from regular Council clean up services

3. Council quantify the cost of any ewaste collection services already provided, and advises the Ministers and LGSA, to assist them in the negotiations with the computer industry.

4. The community be advised that if they wish to dispose of any old computer or peripherals, they contact the manufacturer and seek advice regarding a place where the comport can be returned for recycling.

Moved Clr Fairweather, Seconded Clr White

CARRIED

Page 77


12 QUESTIONS WITHOUT NOTICE

12.1 TELARAH LAGOON – FENCE POLES – FILE NO. P30647 Clr Meskauskas enquired if Council was going to dredge the Telarah

Lagoon. The Manager Development & Environment stated that there was

no intention of dredging the lagoon. 12.2 RETENTION BASINS – SOMERSET PARK – FILE NO. 145/20 Clr Procter asked why the retention basins at the lower end of

Somerset Park were full and if serving their purpose should they naturally be depositing water into the swamp below.

The Group Manager Assets stated the basins were inspected

that day and are functioning as expected. They are a wet pond system and will always have an active zone of water at varying levels.

12.3 EXPANSION OF MARTINS CREEK QUARRY – FILE NO. 103/2 Clr Humphery asked whether Council would have the opportunity to

address issues that may affect our LGA in relation the expansion of the quarry at Martins Creek in the Dungog Shire.

The Group Manager Planning & Regulation stated that there is

no formal mechanism for Dungog to contact us in relation to the matter and we will try to follow it up on an informal basis.

12.4 QUARRY TRUCK ROUTES – FILE NO. 140/9 Clr Garnham enquired whether Council approves routes of trucks for

expansions to the Martins Creek Quarry. The Group Manager Assets stated that we do not approve

routes and Regional road routes should accommodate the traffic.

12.5 RUTHERFORD SHOPPING CENTRE – FILE NO. P41462

Clr Fairweather asked when the Rutherford Mall will be constructed.

The General Manager stated that Council has the funding and detailed plans are being quoted and costed. Once costings are received a meeting of all stakeholders will be held in relation to project timing and implementation.

Page 78


REGULATION OF COMPUTER RECYCLING (Cont.)

13 URGENT BUSINESS

Nil

Page 79


14 COMMITTEE OF THE WHOLE

14.1 HUNTER VALLEY STEAMFEST 2007

File No: 35/21/1



EXECUTIVE SUMMARY The purpose of this report is to inform Council of commercial issues associated with the conduct of Hunter Valley Steamfest in 2007.

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

(d)(i) commercial information of a confidential nature that would, if disclosed: prejudice the commercial position of the person who supplied it

(d)(ii) commercial information of a confidential nature that would, if disclosed: confer a commercial advantage on a competitor of the council

Moved Clr Woods, Seconded Clr Way

CARRIED

Page 80


15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE

15.1 HUNTER VALLEY STEAMFEST 2007

File No: 35/21/1



EXECUTIVE SUMMARY The purpose of this report is to inform Council of commercial issues associated with the conduct of Hunter Valley Steamfest in 2007 and to outline possible responses to those issues to enable the event to proceed.


1. The report be received and noted

2. A report in regard to commercial issues impacting on Hunter Valley Steamfest 2007 be provided to Council prior to the conduct of the event in April 2007

Moved Clr Casey, Seconded Clr White

CARRIED

Page 81


16 CLOSURE

The meeting was declared closed at 8.27 pm. ....................……............ ......……......................... General Manager Chairperson

Page 82

maitland city council ordinary meeting minutes · ordinary meeting minutes 13 february, 2007 page...

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