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Contents MAITLAND CITY COUNCIL Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that a Meeting of Maitland City Council will be held in the Council Chambers, Town Hall, High Street, Maitland, commencing at 5.30pm. ORDINARY MEETING AGENDA 24 JUNE 2014 DAVID EVANS GENERAL MANAGER Please note: In accordance with the NSW Privacy and Personal Information Protection Act, you are advised that all discussion held during the Open Council meeting is recorded for the purpose of verifying the minutes. This will include any discussion involving a Councillor, Staff member or a member of the public.

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Page 1: MAITLAND CITY COUNCIL

Contents

MAITLAND CITY COUNCIL

Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that a Meeting of Maitland City Council will be held in the Council Chambers, Town Hall, High Street, Maitland, commencing at 5.30pm.

ORDINARY MEETING

AGENDA

24 JUNE 2014 DAVID EVANS GENERAL MANAGER

Please note:

In accordance with the NSW Privacy and Personal Information Protection Act, you are advised that all discussion held during the Open Council meeting is recorded for the purpose of verifying the minutes. This will include any discussion involving a Councillor, Staff member or a member of the public.

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ORDINARY MEETING AGENDA 24 JUNE 2014

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TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

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

2  APOLOGIES AND LEAVE OF ABSENCE .................................................... 1 

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

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

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

6  MAYORAL MINUTE ....................................................................................... 1 

NIL .................................................................................................................. 1 

7  WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS ..................................................................................................... 1 

8  PUBLIC ACCESS .......................................................................................... 1 

9  GENERAL MANAGER'S REPORTS ............................................................. 2 

NIL .................................................................................................................. 2 

10  PLANNING, ENVIRONMENT AND LIFESTYLE REPORTS ......................... 3 

10.1  DA 13-2762 CONSTRUCTION OF MULTI DWELLING HOUSING (THREE UNITS INCORPORATING EXISTING DWELLING) & SUBDIVISION OF ONE LOT INTO TWO LOTS - LOT 1 DP150144 & LOT A DP155892, 7 BELLA STREET, HORSESHOE BEND RECOMMENDATION: APPROVAL ................ 3 

10.2  EAST MAITLAND SKATE PARK SITE IDENTIFICATION ............... 45 10.3  SECTION 356 COMMUNITY GRANTS ........................................... 55 10.4  SECTION 356 SPORTS & ARTS HIGH ACHIEVERS GRANT

PROGRAM ...................................................................................... 62 

11  APPEARANCE AND INFRASTRUCTURE REPORTS................................ 64 

11.1  PROPOSED INSTALLATION OF VARIABLE MESSAGE SIGNS AT MAITLAND AND EAST MAITLAND ............................... 64 

12  CORPORATE SERVICES REPORTS ......................................................... 72 

12.1  MORPETH ANZAC DAY COMMITTEE REQUEST FOR FINANCIAL ASSISTANCE............................................................... 72 

12.2  STATEMENT OF INVESTMENTS AS AT 31 MAY 2014 ................. 77 

13  CORPORATE PLANNING AND ENGAGEMENT REPORTS ..................... 83 

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NIL ................................................................................................................ 83 

14  STRATEGIC PROJECTS REPORTS .......................................................... 83 

NIL ................................................................................................................ 83 

15  PEOPLE AND PERFORMANCE REPORTS ............................................... 83 

NIL ................................................................................................................ 83 

16  ITEMS FOR INFORMATION ........................................................................ 84 

16.1  COUNCILLOR MOTIONS ................................................................ 84 

17  NOTICES OF MOTION/RESCISSION ......................................................... 86 

17.1  DRAFT EXPOSURE AMENDMENT TO THE RACIAL DISCRIMINATION ACT ................................................................... 86 

18  QUESTIONS WITH NOTICE ........................................................................ 91 

NIL ................................................................................................................ 91 

19  URGENT BUSINESS ................................................................................... 91 

20  COMMITTEE OF THE WHOLE .................................................................... 91 

21  CLOSURE .................................................................................................... 91 

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PRESENT 1 INVOCATION

2 APOLOGIES AND LEAVE OF ABSENCE

3 DECLARATIONS OF INTEREST

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

● The Minutes of the Ordinary Meeting held 10 June 2014 be confirmed.

5 BUSINESS ARISING FROM MINUTES

6 MAYORAL MINUTE

Nil

7 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS

8 PUBLIC ACCESS

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9 GENERAL MANAGER'S REPORTS

Nil

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Planning, Environment and Lifestyle Reports

10 PLANNING, ENVIRONMENT AND LIFESTYLE REPORTS 10.1 DA 13-2762 Construction of Multi Dwelling Housing (Thr g Existing Dwelling) & Subdivision of One Lot into Two lots - Lot 1 DP150144 & Lot A DP155892, 7 Bella Street, Horseshoe Bend Recommendation: Approval

10.1 DA 13-2762 CONSTRUCTION OF MULTI DWELLING HOUSING (THREE UNITS INCORPORATING EXISTING DWELLING) & SUBDIVISION OF ONE LOT INTO TWO LOTS - LOT 1 DP150144 & LOT A DP155892, 7 BELLA STREET, HORSESHOE BEND RECOMMENDATION: APPROVAL

ee Units Incorporatin

File No: DA 13-2762

Attachments: 1. Locality Plan

2. Development Plans3. Submission

Responsible Officer: Bernie Mortomore - Executive Manager Planning, Environment and Lifestyle David Simm - Manager Development & Environment Leanne Harris - Development Assessment Coordinator

Author: Tegan Harris - Team Leader Development Assessment

Applicant: Lee Worth

Owner: Lee Eric Worth & Kristy Leigh Worth

Proposal: Construction of Multi Dwelling Housing (Three Units Incorporating Existing Dwelling) and Subdivision of One Lot into Two lots,

Location: 7 Bella Street, Horseshoe Bend

Zone: R1 Residential Development

EXECUTIVE SUMMARY The application seeks consent for Multi Dwelling Housing (Three Units Incorporating an Existing Dwelling), and a two lot Torrens Title subdivision. The subject site is located at 7 Bella Street, Horseshoe Bend on the corner of Carrington Street and Bella Street. The site is legally described as Lot 1 DP150144 and Lot A DP155892. It is proposed construct a two storey dwelling on Lot A. Consent is also sought to construct a two storey dwelling on Lot 1 DP150144, and a one into two lot Torrens Title subdivision of this Lot. The site is zoned R1 General Residential under the Maitland Local Environmental Plan 2011 (LEP 2011). The proposal is defined as a “Multi Dwelling Housing” and “subdivision” which is a permissible land use within the zone. The proposal is consistent with the objectives of the zone as it will encourage a variety of housing types within the locality.

The Development Application was lodged at Council on 30 October 2013. The application was advertised and notified in accordance with Council’s policy for a period of 14 days ending 25 November 2013. As a result of this process, one submission was received. The issues raised in the submission are discussed below.

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DA 13-2762 CONSTRUCTION OF MULTI DWELLING HOUSING (THREE UNITS INCORPORATING EXISTING DWELLING) & SUBDIVISION OF ONE LOT INTO TWO LOTS - LOT 1 DP150144 & LOT A DP155892, 7 BELLA STREET, HORSESHOE BEND RECOMMENDATION: APPROVAL (Cont.)

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It is not considered that they are significant enough to warrant refusal of the proposal.

The proposal satisfies the aims and objectives of the Maitland Development Control Plan 2011 in respect to its bulk, scale and height relating well to the context of the surrounding locality and is considered an appropriate design to integrate with the amenity of the area. The primary potential for impacts as a result of the proposal relate to bulk and scale, traffic and transport, social and economic impact, stormwater management, erosion and sediment control, safety and security, landscaping and utilities. These impacts have been managed through the design process and are not expected to be significant. An assessment of the application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act 1979 (NSW). The proposal has no significant environmental impacts and is considered satisfactory in terms of the relevant matters for consideration under the Act. The proposal is therefore recommended for approval, subject to conditions.

Recommendation

OFFICER’S RECOMMENDATION THAT DA13-2762 Construction of Multi Dwelling Housing (Three Units Incorporating Existing Dwelling) and Subdivision of One Lot into Two lots, 7 Bella Street, Horseshoe Bend, Lot 1 DP150144 and Lot A DP155892 be approved subject to conditions.

INTRODUCTION

The subject Development Application is referred to Council for consideration on the grounds that one objection was received in response to the submission period.

BACKGROUND

The Development Application was lodged at Council on 30 October 2013. The application was advertised and notified in accordance with Council’s policy for a period of 14 days ending 25 November 2013. As a result of this process, one submission was received.

Initial correspondence was issued to the applicant on 20 November 2013 and 17 January 2014 identifying a number of issues with the proposal. A meeting was held with the applicant on 30 January 2014 to discuss issues raised in Council’s initial correspondence. The applicant submitted revised plans on 14 April 2014. The revised plans are considered satisfactory and take into account the matters raised by Council.

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DA 13-2762 CONSTRUCTION OF MULTI DWELLING HOUSING (THREE UNITS INCORPORATING EXISTING DWELLING) & SUBDIVISION OF ONE LOT INTO TWO LOTS - LOT 1 DP150144 & LOT A DP155892, 7 BELLA STREET, HORSESHOE BEND RECOMMENDATION: APPROVAL (Cont.)

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SITE DESCRIPTION

The subject site is located at 7 Bella Street, Horseshoe Bend on the corner of Carrington Street and Bella Street. The site is legally described as Lot 1 DP150144 and Lot A DP155892. An aerial photograph of the site is provided below.

Figure 1: Aerial Photograph of the Site

The site is mapped as inundated in a 1 in 100 year flood event to a height of 9.72m AHD with a maximum velocity is 0.04m/s. The site is within the Central Maitland Heritage Conservation Area.

Lot 1 contains an existing single storey dwelling and a detached rear garage. It has frontage to Bella Street and adjoins Owen Street at the rear. The existing dwelling is oriented towards Bella Street with access to the rear garage off Owen Street. Lot 1 comprises 1170m2.

Lot A is irregular in shape with dual frontage to Bella Street and Carrington Street. It is currently vacant. The site is vegetated with existing plantings and comprises 436.3m2.

The site is bound to the north by the Hunter River levee bank, and to the east, south and west by single detached residential development. A local Heritage item (Item 92 the ‘Terrace’) is sited on the opposite corner of Bella Street and Carrington Street at 45 Carrington Street.

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DA 13-2762 CONSTRUCTION OF MULTI DWELLING HOUSING (THREE UNITS INCORPORATING EXISTING DWELLING) & SUBDIVISION OF ONE LOT INTO TWO LOTS - LOT 1 DP150144 & LOT A DP155892, 7 BELLA STREET, HORSESHOE BEND RECOMMENDATION: APPROVAL (Cont.)

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PROPOSAL

The application seeks consent to construct a two storey dwelling on Lot A. Consent is also sought to construct a two storey dwelling on Lot 1, and a one into two lot Torrens Title subdivision. The proposal will require the removal of six large trees on Lot A, and two on Lot 1.

The dwelling on Lot A has been designed to have primary frontage to Carrington Street. The dwelling is two storey and is setback 5, from Carrington Street. A driveway with a double garage is accessed off Bella Street within the side elevation. The garage door is setback 5.5m from Bella Street and is recessed bending the principle building line for the eastern elevation. The dwelling is setback approximately 7m from the rear boundary and a minimum of 1.6m and variable from the western side boundary. The roof pitch of the dwelling is 27 degrees. The height of the dwelling to the underside of the eaves is 6.55m and to the apex of the roof is 8.86m. It will be constructed with Hardie Primeline exterior lining with verandah posts from powder coated steel. The dwelling has been designed with consideration to the heritage characteristics of the locality. A timber valance will be applied to the front verandah and the windows have traditional awnings with zincalume roof sheeting. The front entry has been raised two steps which is a feature of two storey dwellings in the locality. The colour scheme comprises fascia and guttering in Colorbond Jasper, Valance in Wattyl Stoneleight, Balustrade in Wattyl White, Posts in Colorbond Jasper, architraves and windows in Wattyl White and the exterior lining in Wattyl Nature’s Bloom. The ground floor component comprises a double garage, storage area and laundry with an attached WC. The first floor level will contain three bedrooms with the master bedroom encompassing a walk in robe and ensuite, office, bathroom and open plan kitchen, living and dining area. The kitchen, living and dining area adjoins the rear deck. A front verandah that wraps around to the eastern elevation is also proposed that is accessed from the study. The dwelling on Lot 1 will be setback 9m from Bella Street. It is proposed to have a setback of 2.7m to the new boundary on the northern side and 2.3m to the existing southern boundary. The dwelling is sited approximately 7.8m off Owen Lane to the rear western boundary. Car parking will be accessed off Owen Lane via an attached double garage within the rear elevation. The dwelling has been positioned on site to capture views from the upper level deck across the Hunter River. The ground floor component comprises a garage, storage area and laundry with an attached WC. The first floor level will contain three bedrooms with the master bedroom encompassing a walk in robe and ensuite, bathroom and open plan kitchen, living and dining area. The kitchen, living and dining area adjoins the rear deck. A front verandah is also proposed that is accessed from each of the three bedrooms.

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DA 13-2762 CONSTRUCTION OF MULTI DWELLING HOUSING (THREE UNITS INCORPORATING EXISTING DWELLING) & SUBDIVISION OF ONE LOT INTO TWO LOTS - LOT 1 DP150144 & LOT A DP155892, 7 BELLA STREET, HORSESHOE BEND RECOMMENDATION: APPROVAL (Cont.)

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The roof pitch of the dwelling is 27 degrees. The height of the dwelling to the underside of the eaves is 6.18m and to the apex of the roof is 8.7m. It will be constructed with Hardie Primeline exterior lining with verndah posts from powder coated steel. The colour scheme comprises fascia and guttering in Colorbond Ironstone, Balustrade in Wattyl Snowdonia, Posts in Colorbond Ironstrone, architraves and windows in Wattyl White and the exterior lining in Wattyl Athens. The roof will be zincalume. The existing dwelling on Lot 1 will remain. The dwelling comprises a single storey, three bedroom dwelling. The rear garage accessed off Owen Lane will be demolished and replaced with a 6x6m zincalume shed to provide car parking for the existing dwelling. It is proposed to subdivide Lot 1 into two separate allotments, proposed Lot 101 and 102, to provide opportunity for individual ownership of each dwelling. The resulting lot sizes are 676m2 and 494m2 respectively. Lot A will remain on its existing title. PLANNING ASSESSMENT

Section 79C(1)(a)(i) provisions of any environmental planning instrument

Local Environmental Plan

The site is zoned R1 General Residential under the Maitland Local Environmental Plan 2011 (LEP 2011). The proposal is defined as a “Multi Dwelling Housing” and “subdivision” which is a permissible land use within the zone. The proposal is consistent with the objectives of the zone as it will encourage a variety of housing types within the locality to provide for the different needs of the community.

Clause 2.6 requires the consent of Council for the subdivision of land. The resulting lot sizes are above the minimum lot size on the lot size map, being 450m2, and the subdivision is therefore permissible.

Heritage

The site is within the Central Maitland Heritage Conservation Area and is adjacent to an item of local Heritage Significance, accordingly, clause 5.10 applies to the site. The proposed design will introduce a new building type to the locality comprising a two storey structure with attached garaging however, it is considered that it is well designed, and sensitive to the heritage constraints of the locality. The adjacent item of local heritage significance at 45 Carrington Street is sited on the eastern boundary some distance from the subject site, and the site is heavily vegetated which provides an appropriate buffer. No significant impacts are expected.

Flooding

As discussed above, the site is also mapped as inundated in a 1 in 100 year flood event. The provisions of clause 7.3 have been considered as part of Council’s assessment process. Clause 7.3 of the LEP aims to minimise the flood risk to life and property associated with the use of land, whilst allowing development on land

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DA 13-2762 CONSTRUCTION OF MULTI DWELLING HOUSING (THREE UNITS INCORPORATING EXISTING DWELLING) & SUBDIVISION OF ONE LOT INTO TWO LOTS - LOT 1 DP150144 & LOT A DP155892, 7 BELLA STREET, HORSESHOE BEND RECOMMENDATION: APPROVAL (Cont.)

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that is compatible with the land’s flood hazard. The mapped flood height of the site is 9.72m AHD maximum velocity is 0.04m/s. The dwellings will be constructed of flood appropriate materials and have been designed to withstand the effects of flooding. An evacuation area is provided for on the second floor deck of each new dwelling. As part of any Construction Certificate, a structural engineer will be required to advise that the structure has been designed to resist the forces of a 1 in 100 year flood event. In this regard, the proposal is not likely to have adverse impacts in the event of a 1 in 100 year flood event. It is acknowledged that the proposal increases the available housing stock within a flood prone area however, it is considered that it has been suitable designed and accordingly, will not pose a significant risk to the occupants or any adjoining structures.

State Environmental Planning Policies

SEPP BASIX applies to the proposal. A BASIX certificate for each dwelling (507406S and 5074039S) has been submitted for each proposed dwelling demonstrating compliance with the relevant targets.

Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition

There are no draft environmental planning instruments that apply to the proposed modification of the development.

Section 79C(1)(a)(iii) any development control plan

The following sections of the Maitland Development Control Plan 2011 apply to the proposal.

B.3 Hunter River Floodplain Management

The application site is mapped as being located within the 1 in 100 Annual Exceedance Probability (AEP) flood event. In this regard, the design/use of the site is to take into account the potential damages associated with the effects of flooding and risk to human life. The 1 in 100 year flood level (1% AEP) on the site is 9.72m AHD, with a maximum velocity of 0.04 m/s. Existing levels on the site range from 6.6m AHD to 8.6m AHD. Habitable floor levels are on the first floor level and are above the flood planning level, which is the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard (minimum habitable floor level is 10.22m AHD for each dwelling). The ground floor level of all units will be used for storage, laundry, WC, building entry and parking facilities. An evacuation area is provided in the form of an upper level deck. Conditions of consent have been incorporated requiring certification of the structures from a structural engineer prior to issue of a construction certificate. The engineer will be required to certify that each structure has been designed to withstand the impacts of a 1 in 100 year flood event. In this regard, the development is unlikely to generate any significant adverse effects or risks in regard to flooding.

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DA 13-2762 CONSTRUCTION OF MULTI DWELLING HOUSING (THREE UNITS INCORPORATING EXISTING DWELLING) & SUBDIVISION OF ONE LOT INTO TWO LOTS - LOT 1 DP150144 & LOT A DP155892, 7 BELLA STREET, HORSESHOE BEND RECOMMENDATION: APPROVAL (Cont.)

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B.6 Waste Not – Site Waste Minimisation and Management. A site waste minimisation and management plan has been submitted with the proposal. All waste from the construction phase will be disposed of in an environmentally safe manner. Domestic garbage bins will manage waste once the dwellings are occupied. C.4 Heritage Conservation Relevant considerations under the Heritage Conservation guidelines have been assessed. The construction of a single dwelling on Lot A which is currently vacant will improve the streetscape presentation. The proposed dwelling is designed to have minimal impact on the adjoining item of local heritage significance. The new dwelling and resulting subdivision on Lot 1 has also been designed with consideration of the heritage significance of the site. Although both dwellings are two storey they have been appropriately designed through the use of materials, verandahs, valances, vertical proportioning of windows and window awnings. Overall, the application is considered consistent with the requirements of this chapter and is unlikely to result in any significant adverse effects in regard to heritage. C.8 Residential Development

Section Element Design Criteria Complies Comment Section B1

Site Analysis and Site Context

A detailed site analysis shall be submitted with a Development Application for all residential development.

Yes A detailed site analysis has been undertaken. Both the two new dwellings and new garage for the existing dwelling have been designed with consideration of both the flood and heritage constraints of the site. It is considered that the dwellings are suitably oriented, and have been designed to reduce bulk and scale.

Section B2

Development Incorporating Existing Dwellings

Where an existing dwelling is to be retained and incorporated into a residential development, it is to be treated as if it were a new dwelling and should meet all performance criteria in this DCP.

Yes As part of Council’s initial assessment, it was identified that the garage servicing the existing dwelling was in a poor state of repair and not capable of being used. Accordingly, the applicant amended their plans to include a new detached zincalume garage at the rear of the property accessed off Owen Street. Accordingly, covered car parking is now provided for the existing dwelling. The existing dwelling complies with the provisions of the DCP section.

Section B3

Bulk Earthworks and Retaining Walls

Where a retaining wall is proposed in close proximity to a boundary, the maximum extent of fill shall be 600mm and the maximum extent of cut shall be 900mm.

Yes The site is relatively flat and the proposal seeks to construct each dwelling with a ground floor level that is raised two steps. No earthworks are proposed.

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DA 13-2762 CONSTRUCTION OF MULTI DWELLING HOUSING (THREE UNITS INCORPORATING EXISTING DWELLING) & SUBDIVISION OF ONE LOT INTO TWO LOTS - LOT 1 DP150144 & LOT A DP155892, 7 BELLA STREET, HORSESHOE BEND RECOMMENDATION: APPROVAL (Cont.)

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Section Element Design Criteria Complies Comment Section B4

Street Building Setbacks

Minimum building line is 5m to principal frontage and 3m to secondary frontage. No garage is to be located within 6m to the primary frontage or 5.5 to secondary frontage.

Yes The dwelling on Lot A has a dual frontage to Carrington Street and Bella Street. It is sited 5m from Carrington Street and 3m from Bella Street. The double garage is accessed off Bella Street and is located 5.5m off Bella Street. The dwelling on Lot 1 is setback 9m from Bella Street. The garage for this dwelling is located off Owen Street and is setback approximately 7.8m.

Section B5

Side and Rear Setbacks

Minimum side setback of 1m for walls up to 3m, measured to underside of eaves. An additional 0.3m setback is required for every metre of wall over 3.0m and less than 7.2m.

No, but appropriate

in this instance

Lot A is irregular in shape and accordingly there is difficulty in achieving strict compliance with the setback on the western side boundary. The wall height of the dwelling adjacent to this boundary is 6.57m which requires a setback of 1.9m. The dwelling is setback a minimum of 1.645m however, it is noted that this is only for a very short distance before the required setback of 1.9m is achieved. Given this is the western elevation, the amount of windows proposed is minimal and landscaping will be used to assist in screening the dwelling. No significant impacts in terms of privacy or overshadowing are expected. This variation is very minor in nature and accordingly, is considered appropriate. All other side and rear setbacks comply with Council’s DCP.

Section B6

Site Coverage and Unbuilt Areas

Maximum site coverage is 70% for developments incorporating 3 or more dwellings.

Yes Lot A comprises 436.3m2. The amount of hardstand area and area under roof proposed is 175m2 which represents approximately 40% of the site. Proposed Lot 102 comprises 494m2. The amount of hardstand area and area under roof proposed is 220m2 which represents approximately 44.5% of the site. Proposed Lot 101 comprises 1170m2. The amount of hardstand area and area under roof proposed is 1822 which represents approximately 15% of the site. This complies with Council’s requirements.

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DA 13-2762 CONSTRUCTION OF MULTI DWELLING HOUSING (THREE UNITS INCORPORATING EXISTING DWELLING) & SUBDIVISION OF ONE LOT INTO TWO LOTS - LOT 1 DP150144 & LOT A DP155892, 7 BELLA STREET, HORSESHOE BEND RECOMMENDATION: APPROVAL (Cont.)

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Section Element Design Criteria Complies Comment Section B7

Building Height, Bulk & Scale

Maximum building height is 8m for single and medium density dwelling developments.

No, but appropriate

in this instance

The proposal seeks to construct two double storey dwellings. The height of the dwelling on Lot A is 8.86m and the height of the dwelling on Proposed Lot 102 is 8.7m. Both dwellings exceed Council’s maximum height. The exceedence is considered justified in this instance given it is minor in nature. Due to the flood constraints of the site, the applicant was required to design two storey dwellings to ensure the habitable floor space was a minimum of 500mm above the mapped flood height for the site. Further, the heritage constraints of the site resulted in an imposition of a 27 degree roof pitch and required the front entrance of each new dwelling to be raised two steps. Accordingly, the exceedance is supported in this instance.

Section B8

External Appearance

New residential development should consider the existing character, scale and massing of existing development and create architectural interest. New residential development in heritage conservation areas is to be designed having regard to heritage significance of the area. Use of materials of contrasting colour and/or texture for walls or doors of garage to create visual interest and dark colour to make visually recessive; Minimise width of driveway to reduce volume and rate of stormwater run-off and to increase the area available for landscaping.

Yes The dwellings have been designed with consideration to both the heritage and flood characteristics of the site. Although they are two storey they employ suitable measures such as first floor verandahs, traditional awnings to windows, vertical proportioning of windows and a raised ground floor entry to integrate with the established dwelling stock in the locality. Throughout Council’s assessment process concerns were raised regarding the bulk of the western elevation of the dwelling on Lot A. The applicant amended their plans to articulate this wall where possible, and amended the landscape plan to include screening of the ground floor. Given it is the western elevation opportunities to reduce the bulk through decorative fenestration patterns were limited as the applicant sought to minimise the amount of windows in this elevation. The final solution is considered acceptable and consistent with the DCP. Similar concerns were also raised regarding the southern elevation of the dwelling on proposed Lot 102. This dwelling a 9m setback to Bella Street and will largely be screened

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DA 13-2762 CONSTRUCTION OF MULTI DWELLING HOUSING (THREE UNITS INCORPORATING EXISTING DWELLING) & SUBDIVISION OF ONE LOT INTO TWO LOTS - LOT 1 DP150144 & LOT A DP155892, 7 BELLA STREET, HORSESHOE BEND RECOMMENDATION: APPROVAL (Cont.)

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Section Element Design Criteria Complies Comment by the proposed dwelling on Lot A and associated landscaping. Accordingly, the southern elevation will not be highly visible from the street, and no significant visual impacts are expected. The proposed driveways will be constructed of coloured concrete with a neutral tone. Appropriate landscaping is provided as detailed in the landscape plan attached to this report. Overall the external appearance is considered appropriate.

Section B9

Open Space

Open space is to be located off living areas, orientated to enable solar access and screened for privacy. Private open space shall be provided in accordance with Figure B-9B.

Yes The proposed dwellings contain ground floor and first floor private open space. The dwelling on Lot A has a rear verandah comprising 24m2. The verandah is north facing and directly accessible of the main living area. A further 7x13m area (91m2) with a northern orientation is provided in the back yard at ground level. The dwelling on proposed Lot 102 has a rear verandah comprising 18m2. The verandah is north facing and directly accessible of the main living area. A further 7x7m area (49m2) with a western orientation is provided in the back yard at ground level, and a 9x13.8m (124.4m2) with a eastern orientation is provided in the front yard at ground level.

Section B10

Sites Having a Boundary to a Laneway

New residential is not to be oriented to the laneway as principle street address.

Yes While the site does not strictly have a boundary to a laneway, it does have a western boundary to Owen Street. The dwelling on proposed Lot 102 has been designed with the principle street address to Bella Street utilising Owen Street for car parking access only.

Section B11

Accessibility and Adaptable Housing

Adaptable dwellings are required to be provided in accordance with table B11-A. The proposal does not require the provision of any adaptable dwellings.

N/A

Section B12

Landscape Design

All residential development should be supported by a detailed landscape plan.

Yes A detailed landscape plan has been provided providing landscaping to private open space and within the front setbacks of both dwellings. Landscaping is considered sufficient

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DA 13-2762 CONSTRUCTION OF MULTI DWELLING HOUSING (THREE UNITS INCORPORATING EXISTING DWELLING) & SUBDIVISION OF ONE LOT INTO TWO LOTS - LOT 1 DP150144 & LOT A DP155892, 7 BELLA STREET, HORSESHOE BEND RECOMMENDATION: APPROVAL (Cont.)

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Section Element Design Criteria Complies Comment and meets the requirements of the DCP.

Section B13

Fencing and Walls

Fencing details should be detailed on the landscape plan. Sheet metal fencing is not permitted where it forms a boundary from the street/communal area.

Yes The plans detail that existing timber paling fencing will be retained on site. A new 1.5m high timber paling fence will be constructed on the boundary between proposed Lots 101 and 102. Front fencing is not detailed on the development plans however, a condition has been placed on the consent that it comprises timber picket fencing of simple design to a height of 1.2m.

Section B14

Driveway Access and Car Parking

Driveway access across public footpath should be no wider than 5m at that point and should be a minimum of 900mm off the property boundary. Single garage for each unit. Garage door opening should be minimum 2.7m wide.

Yes Each new dwelling is provided with a double garage with two single panel lift doors. The garage currently servicing the existing dwelling is in a poor state of repair and will be demolished. It will be replaced with a double garage of zincalume design. Given one lot is existing and the resulting dwellings will function independently of each other and all contain direct street frontage, it is not considered necessary to provide visitor car parking in this instance.

Section B15

Views and Visual and Acoustic Privacy

No overlooking for adjoining private open space or direct views to living area windows unless appropriately screened. The design of the proposal is to consider acoustic privacy.

Yes The dwellings have been designed with consideration to maintaining the visual and acoustic privacy of adjoining residences. The windows of each first floor living area are oriented towards the rear of the site and will not result in any direct overlooking impacts. No significant impacts are expected.

Section B16

Energy Conservation

Basix certificate required for all residential development. Living areas orientated to the north or east. Solar access is to be available to at least 50% of the principal private open space for 3 hours between 9.00am and 3.00pm on Winter Solstice (June 21).

No, but appropriate

in this instance.

As discussed above, BASIX certificates have been submitted for each dwelling. Shadow diagrams have been prepared by the applicant and submitted with the proposal. These demonstrate that solar access complies with Council’s requirements.

Section B17

Stormwater Management

Stormwater management, including on site detention and an Erosion and Sediment Control Plan, is to be provided in accordance with Council’s Manual of Engineering Standards.

Yes A stormwater management plan has been provided and has been assessed as appropriate by Council’s engineers. Stormwater management is considered compliant with Council’s Manual of Engineering Standards.

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Section Element Design Criteria Complies Comment Section B18

Security, Site Facilities and Services

The development should consider CPTED principles. Site facilities such as garbage bins, mail boxes and clothes during facilities should be integrated into the site design and functional in their location. All services must be available to the proposal.

Yes The proposal has been designed to maintain natural surveillance opportunities. Letter boxes will be located within the front of the site. Garbage bins storage and clothes drying lines will be provided within the private open space of each dwelling. All services are available to the proposal.

Section B19

Residential Flat Building

The proposal shall be prepared and designed in accordance with SEPP 65 – Residential Flat Buildings.

N/A

E.3 – Heritage Conservation Areas (Central Maitland HCA) The subject site is located within Central Maitland Heritage Conservation Area. This section of the DCP provides description of the conservation area to ensure an understanding of its history and diversity and to provide a thematic and historic context within which individual buildings should be considered. The relevant considerations under the DCP have been assessed and the proposal will not have a significant adverse impact on the heritage significance of the area. The proposal has been reviewed by Council’s Heritage Officer and considered appropriate.

Central Maitland Structure Plan The Structure Plan encourages an increase in residential population within the Maitland Central Business District. Growing the residential community will bring day-long activation; expand the walking-community; support local businesses and vitally strengthen stewardship of the neighbourhoods. Denser, mixed use developments are encouraged throughout the city. Targets under the plan include increasing the residential population of Central Maitland by 3,700 (1,700 new dwellings), increasing the number of jobs by 4,200 and providing an additional 2650 car parking spaces in the city (with over 900 of these being near the Maitland Railway Station).

The proposed development is consistent with the provisions of the plan as it provides for an increase in residential dwellings in a denser building form than that which currently exists. The buildings are of suitable design in the context of the site and will not have a significant impact in terms of heritage. The proposal includes detailed landscaping and the buildings are designed to have a mix of materials/colours that suit the heritage character of the area.

Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph)

The Environmental Planning & Assessment Regulations 2000 (NSW) (Regulations) contain provisions with regard to the level of documentation required to be submitted

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for an application to be appropriately considered by the consent authority. This application is considered to have provided sufficient documentation for the Council to assess the impacts and determine the application. No additional provisions of the Regulations apply to the proposal.

Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

The proposed development is not expected to result in any significant adverse impacts to the natural and built environment, or detrimental social or economic impacts in the locality. The proposal is considered suitable with respect to the existing character of the heritage conservation area and should have positive social and economic impacts. The proposal is suitable for the locality given it will not have significant adverse impacts upon the existing character of the area. The development will make a positive economic and social contribution to the community by offering additional employment opportunities during the construction phase and the opportunity to increase the availability of affordable accommodation in Maitland. The primary potential for impacts relate to bulk and scale, traffic and transport, social and economic impact, stormwater management, erosion and sediment control, safety and security, landscaping and utilities. Bulk and Scale The development will consist of the construction of two detached two storey dwellings. Although the dwellings are two storey, the bulk and scale is generally acceptable, as the buildings have been articulated to break the mass down through the use of different architectural features, materials and colours. Throughout the assessment process Council raised concerns regarding the bulk of the western elevation of the dwelling on Lot A and the southern elevation of the dwelling on proposed Lot 102. The bulk of the dwelling on Lot A will be reduced through the use of landscaping, given it is the western elevation, the amount of windows must be minimised. The dwelling on proposed Lot 102 is setback 9m from Bella Street, and the southern elevation will largely be screened from the street by existing and proposed vegetation and the dwelling on Lot A. Accordingly, no significant impacts are expected. Traffic & Transport Traffic to be generated from the development is expected to be typical of residential development and is not expected to have any significant impacts on the surrounding traffic network. It is acknowledged that Bella Street has an irregular alignment however, the proposal provides adequate onsite car parking. Accordingly, no significant impacts are expected.

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Social & Economic Impact The development will make a positive economic and social contribution to the community by offering additional employment opportunities during the construction phase and increased availability of housing within close proximity of existing services and facilities, including public transport and commercial facilities. Increasing the residential population within the central Maitland locality will benefit local businesses. Stormwater Management Stormwater from the roof of the buildings will be collected in tanks. Tank overflow will discharge to the street drainage system. The proposed stormwater measures will suitably mitigate and manage stormwater impacts within and downstream of the subject site.

Erosion and Sediment Control Erosion and sediment controls will be implemented during the construction phase in accordance with Council’s Manual of Engineering Standards. Controls include the use of run-off and sediment control measures, as well as limiting site disturbance.

Safety and Security Crime Prevention Through Environmental Design principles have been incorporated into the design of the development. The proposal includes well-defined areas that clearly guide the public and residents to access points through use of appropriate fencing, landscaping and screening. Furthermore, controlled entry is provided to each dwelling for security purposes. The design of the development allows for natural surveillance to maximise security. Landscaping As discussed above, the site is vegetated with existing plantings. The proposal will require the removal of six large trees on Lot A, and two on Lot 1. Trees are proposed to the front of the dwellings to soften the impact of the proposal and improve its visual impact on the streetscape. A condition of consent is recommended to require the submission of a more detailed landscape plan prior to the issue of a Construction Certificate.

Utilities

The site is serviced by town water, sewer, electricity, gas and telecommunications. A Section 50 Compliance Certificate will be required from Hunter Water Corporation prior to issue of a construction certificate.

Section 79C(1)(c) the suitability of the site for the development

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The proposal is consistent with Council’s strategic policy to increase residential development within the Maitland City Centre. The subject site is zoned R1 General Residential, and the proposal is permissible in the zone. The proposal has been designed to achieve compliance with the relevant planning instruments and represents a positive development opportunity for central Maitland. Overall, it is considered that the site is suitable for the proposal.

Section 79C(1)(d) any submissions made in accordance with this act or the regulations

The DA was advertised and notified for 14 days ending 2nd December 2013 in accordance with Council policy. As a result of this process one submission was received. The main issues raised by the objectors are summarised below and comment provided:

Issue Comment These two storey dwellings will impact surrounding residence privacy, views and light.

As detailed above, it is considered that the proposal has been well designed and will not detrimentally impact on the privacy and views of surrounding residences. The shadow diagrams submitted with the proposal demonstrate that the proposal will not have an unreasonable impact on solar access.

On street parking will affect us, as our street is very narrow and has an S bend in it trucks delivering and garbage trucks find it hard enough now.

Car parking has been provided in accordance with Council’s policy comprising a double garage for each dwelling, including the existing dwelling. Furthermore, additional parking is available in stack formation via the driveways of each proposed dwelling. It is not expected that the proposal will result in a significant increase in the demand for on street car parking. Accordingly, no significant impacts are expected.

The two new dwellings will look huge, the look like they will be crammed in together.

While the surrounding dwellings are a mix of one and two story dwellings, single storey dwellings are the dominant building type. Given the flood constraints of the site, the applicant was required to construct two storey dwellings to achieve a finished floor level for habitable space a minimum of 500mm above the mapped flood height for the locality. The dwellings have been well designed using architectural features such as verandahs, awnings to windows and vertical proportioning of windows to reduce the bulk of the dwellings. Furthermore, site coverage is well below Council’s requirements.

I have lived in Horseshoe Bend most of my 50 years and have loved the laid back friendly community and would not want to see this change. It is an old heritage area with families that have raised many generations. We do not want developers to move in and ruin Horseshoe Bend.

The proposal is consistent with Council’s strategic policy to increase residential development within the Maitland City Centre. Over time there has been a shift in planning policy governing residential development in this locality via the introduction of the Maitland Local Environmental Plan 2011. The subject site is zoned R1 General Residential. The proposal is permissible in the zone and has been designed to achieve compliance with the relevant planning instruments. It is considered that it represents a positive development opportunity for central Maitland.

Many a home houses chickens, goats and horses. We have wildlife that live among us here, our friendly magpies use the trees for nesting, we have rainbow lorikeets, rosellas and tawny frogmouths. I have also

The keeping of animals is regulated by Council’s Keeping of Animal Policy. The site is a residential zone and opportunities for keeping animals such as those listed are highly regulated. Notwithstanding, the dwellings have been well designed with adequate yards and will be landscaped with suitable species. This landscaping will assist in maintain and attracting local wildlife, including birds. It is not considered that the proposal will have a detrimental impact on the types of wildlife frequenting the locality.

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Issue Comment seen a kangaroo, ring tail possum, wombat and many frogs to name a few. Section 79C(1)(e) the public interest

The proposal is considered to be in the public interest as it will assist in offering a variety of housing types within the Horseshow Bend locality in a suitable location. The proposal is consistent with Council’s strategic policy for Central Maitland and has been designed with consideration to both the heritage and flood constrains of the subject site.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council’s adopted budget or forward estimates. POLICY IMPLICATIONS This matter has no specific policy implications for Council. STATUTORY IMPLICATIONS Statutory implications relating to assessment of the subject application have been addressed in the body of the report. CONCLUSION

An assessment of the application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act 1979 (NSW). The proposal has no significant environmental impacts and is considered satisfactory in terms of the relevant matters for consideration under the Act. The proposal is therefore recommended for approval, subject to conditions.

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

plans and documentation as detailed in the following schedule and any amendments arising through conditions to this consent.

Plan Ref.

No

Sheet

No

Rev n

No

Rev n

Date

Prepared by

Full Site Plan/Subdivision Plan A1 1 31.3.14 Verte Design & Drafting

Site A2 1 31.3.14 Verte Design & Drafting

Proposed Lot 102 - Proposed Floor Plan

A3 1 31.3.14 Verte Design & Drafting

Proposed Lot 102 - Elevations A4 1 31.3.14 Verte Design & Drafting

Proposed Lot 102 - Elevations A5 1 31.3.14 Verte Design & Drafting

Proposed Lot 102 – Section / Images A6 1 31.3.14 Verte Design & Drafting

Lot A DP 155892 – 1st Floor Plan A7 1 31.3.14 Verte Design & Drafting

Lot A DP 155892 – Ground Flood A8 1 31.3.14 Verte Design & Drafting

Lot A DP 155892 – Elevations A9 1 31.3.14 Verte Design & Drafting

Lot A DP 155892 – Elevations/ Images

A10 1 31.3.14 Verte Design & Drafting

Lot A DP 155892 – Section/ Schedules

A11 1 31.3.14 Verte Design & Drafting

Landscaping Plan A13 1 31.3.14 Verte Design & Drafting

Colour Scheme A14 1 31.3.14 Verte Design & Drafting

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CONTRIBUTIONS & FEES 2. 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 $26,872 shall be paid to the Council. The contribution is calculated from Council's adopted Section 94 Contributions Plan in the following manner: 3 bedroom Total 2006(A) Citywide Rec & Open Space 2 x $5,196 $10,392 2006(A) Citywide Road & Traffic Facilities 2 x $4,827 $9,654 2006(A) Citywide Cultural Facilities 2 x $932 $1,864 2006(A) Citywide Community Facilities 2 x $2,070 $4,140 2006(A) Citywide Cycleways/Shared Paths 2 x $213 $426 2006(A) Citywide Management/Admin 2 x $198 $396 _____ $26,872 The above contributions rates are indexed, at least annually, with reviewed rates to apply from 1st February each year in accordance with the provisions ofthe Maitland Section 94 Contributions Plan (Citywide) 2006. Please refer to Council's web page for the current rates applicable. Payment of the above amount shall apply to Development Applications as follows: - Subdivision only - prior to issue of the Subdivision Certificate. - Building work only - prior to issue of the Construction Certificate. - Subdivision and building work - prior to the issue of the Construction Certificate, or Subdivision Certificate, whichever occurs first. - Where no construction certificate is required - prior to issue of an Occupation Certificate. - For extractive industries - annually from the date of issue of development consent. The above "contribution" condition has been applied to ensure that: i) Where the proposed development results in an increased demand for public amenities and services, payment towards the cost of providing these facilities/services is made in accordance with Council's adopted contributions plan prepared in accordance with the provisions of section 94 of the Environmental Planning and Assessment Act, 1979. ii) Council's administration expenses are met with respect to the processing of the application.

3. Prior to the issue of the Subdivision Certificate, “house numbering” and “subdivision certificate” fees, in accordance with Council’s Schedule of Fees and Charges, shall be paid to Council.

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CERTIFICATES 4. Prior to issue of the Subdivision Certificate, original plans and/or documents of

survey/title, and four copies, shall be submitted to Council 5. Prior to the commencement of works an application for a Construction Certificate

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

6. Prior to issue of the Construction Certificate or Subdivision Certificate (whichever

occurs first), a certificate of compliance under Section 50 of the Hunter Water Act 1991 for this development, shall be submitted to the Accredited Certifier.

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

Principal Certifying Authority.

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

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

9. (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.

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(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.

LAND TITLE

10. Prior to the issue of a Subdivision Certificate:

(a) the dwelling on proposed Lot 102 shall have reached lock up stage; and (b) a report shall be provided from a Registered Surveyor showing that:

the setback of the buildings from the adjacent and proposed

boundaries meets the requirements of the BCA; and all service lines are wholly contained within their respective lots or an

appropriate Easement or Easements have been shown on the plan of survey and suitably described in the 88B instrument,

or

(c) a restriction on the title of the lots, under Section 88B of the Conveyancing Act, shall be created which restricts the development of proposed Lot 102 to that which is approved within this consent (DA13-2762).

Note: This condition does not apply where an Occupation Certificate has been issued for the dwelling.

11. Prior to the issue of a Subdivision Certificate the garage on proposed Lot 101 shall be

constructed.

FLOODING 12. The building is to be constructed such that it will withstand the effects of flooding. In

this regard, an Engineer’s Certificate stating that the structure is capable of withstanding the characteristics of flooding at its location, is to be issued in conjunction with the Construction Certificate.

13. Wherever possible, the premises should be designed to ensure that plant, equipment, storage or other fixtures or fittings liable to damage by floods are located within the building above the Flood Standard or be movable to levels above the Flood Standard.

HERITAGE

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14. Windows to all elevations shall include a solid area between the eaves line and window head.

15. All valance, fascias and barge boards shall be of timber construction.

16. Side fencing is not to protrude forward of the principal building line (excluding the

verandah line). Front fencing is to comprise a simple picket design with a maximum height of 1.2m.

17. The awning design on the windows to the southern elevation of the dwelling on proposed Lot 102 shall match those of the northern elevation.

18. Timber framing with roof profile consistent of the main roof shall be used for all

window awnings.

LANDSCAPING 19. All landscaped areas of the development shall be maintained in accordance with

the approved landscape plan. The landscaped areas shall be kept free of parked vehicles, stored goods, garbage or waste material and the like.

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

approved plans.

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

segmental paver surface (on a granular pavement base), or as reinforced coloured concrete in neutral shades.

VEHICLE ACCESS 22. Prior to commencement of construction of the driveway crossing on the public

footway verge, the works shall have been approved by Council. An application form, “Application To Construct Private Works On Footway” shall be submitted to Council, together with the appropriate fee (for each driveway).

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

constructed, in accordance with Council’s Manual of Engineering Standards, which includes the retention of (or if damaged reconstruction as plain concrete of) any

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existing footpath, and with reference to Council’s information document “Footway Crossings (Driveways)”.

STORMWATER DRAINAGE 24. Prior to issue of the Construction Certificate, a detailed stormwater drainage plan,

providing:

i) On-Site Detention (OSD) of stormwater, and

ii) an emergency overland flow path for major storm events,

shall be prepared and designed in accordance with Council’s Manual of Engineering Standards

The design shall be based on the concept plan number J530 S01 & S02 Rev 0 dated 01-10-13.

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

constructed in accordance with the approved stormwater drainage plan.

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

Council’s Manual of Engineering Standards to the street gutter with a “kerb adaptor” (see Council’s Standard Drawing). Stormwater pipes across the footway shall be “100mm sewer grade”.

EROSION CONTROLS 27. 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 28. All building work shall be carried out in accordance with the provisions of the

Building Code of Australia (BCA).

SITE REQUIREMENTS 29. 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.

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30. 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.

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.

A Construction Certificate is required for all retaining walls which exceed 900mm in height. Construction details for retaining walls may be included with the Construction Certificate application for the building.

31. If an excavation associated with the erection or demolition of a building extends

below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:

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

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

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

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

32. 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.

33. 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.

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

carried out between the hours of:

a. 7.00am to 6.00pm Monday to Friday

b. 7.00am to 5.00pm Saturday

Any work performed on Sunday’s or Public Holidays that may cause offensive noise, as defined under the Protection of the Environment Operations Act, is prohibited. Minor works (such as hand sanding, painting, digging and the like) is permitted between the hours of 9.00am to 5.00pm. Power operated tools are not permitted to be used.

35. All waste shall be contained within a secure enclosure or bin.

36. 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.

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

development site.

38. 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.

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

completion of the building.

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ADVICES The following advice is limited in scope and should not be understood to encompass all areas of responsibility of the consent holder, relating to the development. A You are advised that where underground works within the road reserve are

required or necessary for supply of services (such as water, sewer, electricity, gas) further consent for a “Road Opening” must be obtained from Council.

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

B You are advised that there may be design matters in relation to the drainage concept plan that warrant further attention prior to the issue of the Construction Certificate. Prior to Council’s assessment of a fully detailed design, the “Drainage Plan Assessment fee” must be paid.

C You are advised that for the driveway works on the footway verge, inspection by Council is required (eg formwork & reinforcement). See Council’s “Application to Construct Private Works on Footway”).

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Planning, Environment and Lifestyle

Reports

DA 13-2762 CONSTRUCTION OF MULTI DWELLING HOUSING (THREE UNITS

INCORPORATING EXISTING DWELLING) & SUBDIVISION OF ONE

LOT INTO TWO LOTS - LOT 1 DP150144 & LOT A DP155892, 7 BELLA

STREET, HORSESHOE BEND RECOMMENDATION: APPROVAL

Locality Plan

Meeting Date: 24 June 2014

Attachment No: 1

Number of Pages: 1

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Planning, Environment and Lifestyle Reports

DA 13-2762 CONSTRUCTION OF MULTI DWELLING HOUSING (THREE UNITS

INCORPORATING EXISTING DWELLING) & SUBDIVISION OF ONE LOT INTO TWO LOTS

- LOT 1 DP150144 & LOT A DP155892, 7 BELLA STREET, HORSESHOE BEND

RECOMMENDATION: APPROVAL

Development Plans

Meeting Date: 24 June 2014

Attachment No: 2

Number of Pages: 12

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Planning, Environment and Lifestyle Reports

DA 13-2762 CONSTRUCTION OF MULTI DWELLING HOUSING (THREE UNITS

INCORPORATING EXISTING DWELLING) & SUBDIVISION OF ONE LOT INTO TWO LOTS

- LOT 1 DP150144 & LOT A DP155892, 7 BELLA STREET, HORSESHOE BEND

RECOMMENDATION: APPROVAL

Submission

Meeting Date: 24 June 2014

Attachment No: 3

Number of Pages: 1

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10.2 East Maitland skate park site identification

10.2 EAST MAITLAND SKATE PARK SITE IDENTIFICATION

File No: 129/2

Attachments: 1. Submission re: East Maitland skate park site 2. Locality Plan

Responsible Officer: Bernie Mortomore - Executive Manager Planning, Environment and Lifestyle Lynn Morton - Manager Community and Recreation Services Amanda McMahon - Acting Recreation Planning Coordinator

Author: Alex Threadgate - Recreation Development Officer

Maitland +10 Outcome 2. Community and recreation services and facilities

Council Objective: 2.1.1 To provide a broad range of active and passive recreation services and community facilities that meet the needs of the growing community

EXECUTIVE SUMMARY Council’s adopted Youth Spaces Strategy (2012) identified that there is an undersupply of skate facilities in the East Maitland/Greenhills planning areas. Following a detailed site analysis of six (6) sites throughout the East Maitland/Greenhills planning area the Lawes Street reserve (opposite the tennis courts) was identified as the preferred location for a future skate park development. Following an onsite community consultation session held on April 10th 2014 with neighbouring residents and a period of 6 weeks for feedback from residents, the Lawes street reserve remains the preferred site in the East Maitland/Greenhills planning area for a skate park.

Recommendation

OFFICER’S RECOMMENDATION THAT 1. Lawes Street reserve be endorsed as the preferred site in East

Maitland/Greenhills planning area for a future skate park development.

2. Funds required to progress the concept master plan, associated technical investigations and staging plan be listed for consideration in the forming of Council’s future capital works program.

BACKGROUND

Council’s adopted Youth Spaces Strategy (2012) highlights the current and future needs of youth facilities (including skate parks) in the Maitland Local Government Area. The strategy outlines an undersupply of skate facilities in the East

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Maitland/Greenhills planning area and recommends this be addressed through the establishment of a new skate facility.

Following a detailed site analysis of six (6) sites throughout the East Maitland/Greenhills planning area the Lawes Street reserve (opposite the tennis courts) was identified as the preferred location for a future skate park development. At its meeting 26 November 2013, Council resolved that community consultation be undertaken with key stakeholders regarding the proposed location of a future skate park in Lawes Street East Maitland. A further report would be prepared for Council’s consideration outlining the feedback received from the community.

COMMUNITY CONSULTATION

The consultation period for the exhibition ran from 10th April until the 23rd May, 2014 where Council sought feedback on the proposed location.

Onsite Meeting with Residents

Following a mail out to all residents in the suburbs of East Maitland and Ashtonfield, an onsite community consultation session was held on April 10th with approximately 20 local residents, mostly from Page St, attending.

Council’s presentation to the group outlined Council’s skate park design guidelines and discussed the process of the how the site was chosen as the preferred location following an analysis of other sites identified in the East Maitland/Greenhills planning area. Following the presentation from Council the attendees were able to ask any questions or raise concerns they may have regarding the proposal.

The majority of the concerns raised were regarding potential misuse of the skate park after dark and the belief that skate parks attract negative behaviour. Following lengthy discussions with the attendees the general consensus of the group was that a skate park could be a positive addition to the site, if it was accompanied by other ancillary infrastructure such as a playground, picnic settings, pathway systems etc. so that families are able to enjoy the park together.

Maitland Your Say Site

Following the onsite consultation session, a ‘news and consultation’ page was created on the Maitland Your Say site outlining the exhibition period, Council report, contact details for enquires and how formal submissions could be made. An email was sent on 15th April to over 450 registered participants of the Maitland Your Say site outlining the exhibition period. No formal submission were received to the ‘your say inbox’. Maitland Your Say Facebook Page

The Maitland Your Say Facebook page was used to engage users in a discussion on the proposed location of the skate park. Links referred to the Maitland Your Say site where more information was available and details on how to make a formal submission.

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Overall there was a positive discussion on the parks location with people liking the idea as they thought it would attract kids into the space and off the roads. People would like to see the space used for more than just skaters and scooters and raised ideas for design elements to ensure the space could be used by all children. The idea of involving local kids in the design was raised.

Some concerns raised included the perception that skate parks seem to attract “the wrong sort of people” and how the project would be funded.

Other comments were made on the Facebook Page that related to other matters within the LGA. Only those comments that relate to the proposed location of a skate park in East Maitland/Greenhills have been included in this report.

Quotes from Maitland Your Say Facebook page:- “I drive past there regularly and it almost never gets used except as a shortcut, though it is nice for an open space. As long as the whole park doesn’t get cemented it should be good for the locals.” “Why not most of it is unused land. It will bring the kids back to the park as it should be instead of the streets” “I don’t think I’ve seen that park in use before. Use the space” “How about putting something in that can cater for all children not just skateboarders and bike riders, I’m not a fan of Skate Parks they seem to attract the wrong sort of people” “I think it is a great idea. Will keep the kids off the street and give them something to do. As long as it can support scooters as well. Should get kids from the local area to help plan it” SUBMISSIONS

Council received one formal submission via email regarding the proposed site during the exhibition period. The submission lodged canvasses a range of issues not associated with the consultation on the siting of the proposed skate park at Lawes Street, East Maitland hence, for the purposes of this report only those comments relating to the skate park will be considered.

A copy of the full submission appears as Attachment 1 it has been included in full as the author requested that the submission in its entirety be lodged against the skate park at East Maitland.

The concerns raised in the email were;

It is in a dangerous area the Council is considering placing this skate park. The bend is well known for speeding cars and it would not take much effort in the rain for a car to come off and enter the park zone”

The East Maitland Skate Park site does not provide adequate public security measures.

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These two issues would need to be considered in any future design works if a skate park was to be constructed.

MASTERPLAN

Should Council endorse the Lawes Street reserve as the preferred site for a future skate park facility it is proposed that a geotechnical investigation at the site be undertaken and a Master plan inclusive of staging plan for the site be prepared.

A geotechnical investigation is considered necessary to identify any potential issues resulting from contamination or settlement, based on the history of the site which indicates that car bodies and other material was used to fill the old quarry.

The preparation and adoption of Masterplan and staging plan for the site will enable a coordinated approach to any future development of the site.

It is proposed that the preparation of the concept master plan, associated technical investigations and staging plan be listed for consideration in the forming of Council’s future capital works program.

CONCLUSION

Following an extended public exhibition period after the community consultation session, the feedback received was mostly in favour of the site for a potential future skate park.

Based on the positive feedback received for the site and a lack of suggested other sites in the East Maitland/Greenhills planning area that meet the design guidelines it is proposed that the Lawes Street reserve (opposite the tennis courts) be endorsed as the preferred site for a future skate park with the inclusion of park elements that cater for a range of family activities. To progress the future development of this site it is proposed that funds required to prepare a concept master plan, associated technical investigations and staging plan be listed for consideration in the forming of Council’s future capital works program.

FINANCIAL IMPLICATIONS

This matter has no direct financial impact upon Council’s adopted budget or forward estimates. POLICY IMPLICATIONS

This matter has no specific policy implications for Council. STATUTORY IMPLICATIONS

There are no statutory implications under the Local Government Act 1993 with this matter.

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Planning, Environment and Lifestyle Reports

EAST MAITLAND SKATE PARK SITE IDENTIFICATION

Submission re: East Maitland skate park site

Meeting Date: 24 June 2014

Attachment No: 1

Number of Pages: 3

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From: Karen Graham [mailto:[email protected]] Sent: Friday, 23 May 2014 11:44 AM To: [email protected] Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: East Maitland Skate Park Site Consultation Email 1 of 2 Dear Sir/Madam As a Recreation Planning and Development Officer, I would have to say your department fails the Metford residents. Being a high children’s’ area due to Metford having a mix of housing commission and low value homes which allow for young families to enter the property market, we do not have the recreational facilities to cater for it. When the hospital is built at the end of your 7 year spike hike in rates, Metford will only have to its name “if required” (as noted in your proposal) $45,000 spent on an upgrade to a section of footpath. For your information, residents have being complaining for over 4 years with respect to the conditions of the footpaths in the following areas: · Chelmsford Drive opposite Maitland Christian College side · Incompleteness of footpath from Bedford Street to the Maitland Christian College · Tar footpath that has broken away in places which require urgently replacing as it has a high traffic flow of children going to and from schools and bus stops from Chelmsford Drive to Dumaresq Street (Three Mile Creek Reserve) · To ensure public safety an urgent retaining wall from the Chelmsford public park opposite Maitland Christian College where this tar road is needs to be undertaken as I have lost count of the number of people who slip especially after rain because the erosion of the soil from the public park onto the footpath. · The replacement of the park equipment the council removed at the end of Blackbutt Place. · The replacement of the outdated park equipment (as confirmed by a councillor in March this year to me) in Chelmsford Drive and end of Wattle and Willow Close. (Noting Metford only has 4 park equipment – 1 removed 2 in state of disrepair and 1 in working order which is not sufficient given the high number of children in our area) · The urgent need to consider relocating the skate park from the area of Metford Station. This is due to the fact of public safety who are exposed to gang fights from Thornton and Rutherford who met at the skate park for the purpose of gang fights. · The urgent need if Council is not willing to relocate the skate park to opposite Maitland Christian College which would provide for safety of our children but also provide Council with security due to the high traffic flow. · The urgent need to upgrade facilities at Chelmsford Drive park i.e. installation of soccer/rugby league posts, the installation of a half basketball/netball court. · The urgent need to provide proper fencing around the 3 sides lacking currently on the Chelmsford public park site.

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· The urgent need to remove public seating and improve footpaths around Metford School leading to the back of the brickworks site. · The urgent need to remove the enormous amount of graffiti in our area. · The urgent need to provide bus shelters on Chelmsford Drive immediately in front of the Chelmsford Drive park (noting the Maitland Mercury article of 4 February 2014) and opposite the park. · The urgent need to provide residents with assistance as the children have no bus shelter and mingle without incidents on their driveways for shelter near McLeod Avenue. · The completion of footpaths on the side of the road of Lowe Street accommodating the children getting to the bus stop from Ferraby Drive and Hargreaves Street. · The assistance of Maitland City Council in lobbying the State Government for noise level barriers to be installed at Maitland Playing Fields to ensure the children who participate in sporting events at the grounds (in particular the long jump pit which bunts against the fence line) do not breathe in the coal dust from the coal trains going to and front the port. Remembering when you exercise you breathe more deeply, hence ensuring these children are breathing in more coal dust air when undertaking sporting activities. · The urgent need of Maitland Council to undertaken adequate maintenance in Metford to ensure the environmental sustainability of its region. Re: Submissions regarding the Maitland Council’s skate park site at East Maitland Closing Date: 23 May 2014 1. it is in a dangerous area the Council is considering placing this skate park. The bend is well known for speeding cars and it would not take much effort in the rain for a car to come off and enter the park zone. 2. The Council in allowing this development to proceed would demonstrate and provide further evidence of their inability to provide Metford residents with adequate and safe children’s playing areas. 3. It would be a waste of money when children at Metford are begging for relocation of their skate park from Metford Station to the Chelmsford Drive area due to safety reasons. 4. The preferred site for a new skate park at Chelmsford Drive is approximately half way in catering for all children especially in housing commission areas. Noting in particular when the hospital proceeds better facilities to and from Metford from the housing commission area of East Maitland to Metford will accommodate easier and safety passage for these children to attend the Metford Skate Park site. 5. The East Maitland Skate Park site does not provide adequate public security measures whereas Chelmsford Drive provides heavy traffic security measures. Hence less replacement or repair required. If Council does proceed with the East Maitland Skate Park Site then can Council please confirm that within 1 month from the date of this email urgent repairs will be undertaken to the Metford Skate Park site noting in particular the safety concerns the children raised with me in the attached photographs. I note I have spoken to the Mayor and 3 councillors regarding the above issues with respect to Metford and to date still nothing has been undertaken. The sustainability of Metford’s environment

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in light of the hospital being built in our backyard needs urgent attention and ongoing maintenance which we are not receiving (despite Councillor Penfold’s belief) is not a good enough reason to raise the rates to incredible high level which low income earners of Metford cannot afford and should not have to pay given the lack of work undertaken by the Council in our area. I await your urgent reply and request this email and the forwarding email in its entirety be my submission against the skate park at East Maitland. Regards Karen Graham

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Planning, Environment and Lifestyle Reports

EAST MAITLAND SKATE PARK SITE IDENTIFICATION

Locality Plan

Meeting Date: 24 June 2014

Attachment No: 2

Number of Pages: 1

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10.3 Section 356 Community Grants

10.3 SECTION 356 COMMUNITY GRANTS

File No: 10/5

Attachments: Nil

Responsible Officer: Bernie Mortomore - Executive Manager Planning, Environment and Lifestyle

Author: Lynn Morton - Manager Community and Recreation Services

Maitland +10 Outcome 1. Sense of place and pride

Council Objective: 1.1.4 To develop and support community partnerships designed to increase benefits and create a sense of community

EXECUTIVE SUMMARY

This report presents to Council a recommendation of the Community Grants 20013/14 and 2014/15 applications for financial assistance under Section 356 of the Local Government Act 1993.

Recommendation

OFFICER’S RECOMMENDATION THAT 1. Council approve the allocations of funds under Section 356 of the Local

Government Act, 1993 as recommended for Projects listed 1-22 of this report.

2. Council thank the unsuccessful applicants for their submission and advise them of Council’s decision.

3. The Assessment and Review Committee members Councillor Loretta Baker, Councillor Ken Wethered and Councillor Steve Procter be thanked for their participation.

4. A review of Council’s Community Grants Program and Policy be undertaken for future consideration by Council

REPORT

Council’s Section 356 Community Grants Program aims to provide financial support to local non-profit community based organisations, groups and individuals to provide projects and activities that meet community needs and benefit residents in our community. In accordance In accordance with Council’s adopted Section 356 Donations Policy, applications for the second round of 2013-2014 Community Grants Program and the first round of 2014/15 Program were advertised in the Mercury for a six week period.

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Projects eligible for funding should fall under one of the following five categories: Arts, Culture and Local History Community Development Leisure and Recreation Small Community Events High Achievers Program

In response to the call for applications, twenty eight (28) applications were received.

Review and Assessment by the Committee The Assessment Committee comprising Councillors Loretta Baker, Ken Wethered, Steve Procter and Council officers were charged with the responsibility of reviewing and assessing the applications received. In order to undertake the assessment the Committee resolved to undertake a comparative assessment of the applications received against the major selection criteria as documented in the Grants Kit. The results of this assessment were then compared and collated to arrive at a merit order to form a recommended list of successful recipients. The following table provides a brief description of the projects and their merit order. No.  Organisation  Project  Project 

Cost  Amount Requested  

Cumulative Total 

1  Headspace Maitland ‐ Samaritans Foundation 

Headspace Maitland Cultural Development Activity. The Artwork will be developed by a local Aboriginal Artist in collaboration with young indigenous members of the Maitland community that are currently being mentored. 

 $    2,380    $     1,880.    $        1,880 

2  Morpeth Museum Management Group 

The Courthouse Projection Room. The Morpeth Courthouse is currently undergoing significant restoration allowing access to otherwise unused rooms.  One of the rooms has been converted into a theatrette in consultation with the Heritage architects, and builder.  Museum staff has developed several ten minute DVD's each telling the history of a particular part of Morpeth's history or an event (e.g. local floods). 

 $    4,532    $     2,132    $        4,012  

3  Maitland RSL Sub Branch 

This request relates to supplementary funding in order to send seven students who have been selected from schools within the Maitland Local Government Area to Gallipoli for 2015 Anzac Ceremony.  The students will travel to Venice in April 2015 from there they will board a ship which will take them to Istanbul, and then on to Anzac Cove. There they will meet Turkish students, and together they will walk the historic battlefields and attend the Anzac Day ceremonies. 

 $  14,000    $     5,000   $        9,012 

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No.  Organisation  Project  Project Cost  

Amount Requested  

Cumulative Total 

4  Maitland Repertory Theatre Inc 

Maitland Repertory Theatre would like to hold a series of two‐day training workshops in acting and impro (improvisation theatre), writing plays and directing, which will be conducted at the Theatre in High Street Maitland, over three non‐consecutive weekends. 

 $    4,000   $     2,500    $     11,512 

5  Maitland Embroiderers Group Inc 

Specialist Embroidery Techniques. To hire tutors for classes about Silk Embroiderer, Colour Streams & Fine Needlework.  

 $    4,380   $     2,500    $     14,012 

6  Walka Model Engineering Society of Maitland Inc. 

Mini Railway Restoration.  A substantial quality of materials will be required to restore the railway trackage between "Snake Gully" & "Hillside". The restoration of the track will ensure the safe operation of the railway by bringing it up to the high standard necessary. 

 $    5,000    $     2,500    $     16,512 

7  Southern Cross Model Yacht Club Inc 

To replace the Pontoon on the Dam at Walka Water Works.  The existing Pontoon as a Council asset is passed a useful capital life & needs to be replaced.  The project is to purchase a commercial Pontoon of modern materials meeting current standards. 

 $  16,800    $     2,500    $     19,012  

8  Morpeth Men's Shed Inc 

Update obsolete equipment.  This request is to replace an old projector with a new unit. Projector is used to assist Secretary to provide ongoing computer classes to the members & guests. 

 $    2,099   $     2,000    $     21,012 

9  Maitland City Choir Inc 

Choral Workshop to hold rehearsals with a professional choral conductor to assist in developing vocal skills of the Choir. 

 $    2,000   $     1,000    $     22,012 

10  Maitland City Brass Band 

Purchase a new Sovereign 3 Valve Baritone to attract new members & provide quality instruments for performances. 

 $    4,950    $     2,000    $     24,012 

11  City of Maitland Pipes & Drums Inc 

An event for the City of Maitland Pipes & Drums to conduct, coordinate and organise a Scottish Tattoo in July 2015 in Maitland's Town Hall.  The event is open to the public & will showcase Scottish culture, music and dance. NOTE THE TOWN HALL IS BOOKED OUT FOR MAJOR RENOVATIONS DURING JULY.  Applicant contacted happy to apply for the Seniors hall or Maitland City Bowling club. 

 $    7,955    $     2,000    $     26,012 

12  Men's Shed Maitland Inc 

The grant is requested to fulfil community requests to repair broken tools, antiques, family heirlooms and general items that require neat cutting or shaping of metal objects which would be uneconomically done by commercial companies. 

 $    2,776    $     2,000    $     28,012 

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No.  Organisation  Project  Project Cost  

Amount Requested  

Cumulative Total 

13  Maitland & District Historical Society Inc. 

Purchase a new computer to continue the input of details of the collection into an electronic form for easy access for our volunteers and members of the public. To purchase a DVD player for visitors & volunteers to review data. 

 $    2,242   $     2,000   $     30,012  

14  Maitland & District Genealogical Society Inc. 

To produce a book as a reference point for the men and women in the Maitland district who took part in the Gallipoli Campaign.  Those that were born, worked or lived in the area that served in Gallipoli have been or will be researched will be included in the finished book. 

 $  18,460    $     2,500   $     32,512  

15  Carols in the City Christmas Festival ‐ Maitland 

To assist with the funding of running the Annual Carols in the City Christmas Festival in Maitland that is free to the community. 

 $  47,000    $     2,500   $     35,012  

16  Australian Museum of Clothing and Textiles 

The replacement of the Museums aging computer equipment to continue the current catalogue of over 4000 items. 

 $    1,749    $     1,749    $     36,761 

17  Riding for the Disabled Association (NSW) Raymond Terrace & Lower Hunter Centre 

On receipt of information about Hendra Virus outbreaks and spread of virus a risk assessment which involved research through local veterinarians, virus manufacturer and the Department of Agriculture to determine the likelihood & risk involved in the dangerous Hendra virus being present in the Hunter.  The grant will fund a vaccination program. 

 $    4,800   $     2,400    $     39,161  

18  Maitland Steam & Antique Machinery Association 

To supply & install electric motors to the 2 large roller doors on the steam shed.  As some of the members are elderly retired people the task to lift the roller doors is a very hard task. 

 $    4,203    $     2,500   $     41,661  

19  Maitland Neighbourhood Centre Inc 

Fruit for Families (fFf) will be an ongoing project which will provide families and individuals who are in financial hardship with fresh fruit each fortnight for a small donation. 

 $    4,000    $     2,500    $     44,161  

20  Hunter Region Botanic Gardens 

Hunter Region Botanic Gardens Spring Fair 2014. The day of family entertainment, live music, children's activities and community based stalls available to the Hunter Region including Maitland. 

 $    2,050    $     1,600    $     45,761 

21  Friends of Grossman House 

To replace the Air Conditioning unit at Brough House in the Cecily Mitchell Room.  The original unit was installed when Brough House was utilised as the Art Gallery.  Repairs have failed therefore replacement is required. 

 $    3,400    $     2,500   $     48,261  

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No.  Organisation  Project  Project Cost  

Amount Requested  

Cumulative Total 

22  East Maitland RSL Sub‐Branch 

Replacement refrigerator in the RSL Hall due to two existing small ageing ones. It will benefit members & other users of the hall by allowing more efficient use of the kitchen, by providing space. 

 $    2,000    $     1,000   $     49,261 

Projects 1‐22 Recommended For funding 

Projects 23 ‐ 28 Are Not Recommended For Funding  

23  Hunter River Agricultural & Horticultural Association 

Repairs to doors on the Arts & Craft pavilion that is widely used for promoting, exhibiting arts & crafts from the community at the Maitland Mercury Super Show. 

 $    5,487   $     2,500   n/a 

24  Millers Forest Progress Association Inc 

To purchase a Defibrillator for the community hall.  With substantial increase to the utilisation of the popular hall and the duty of care for the patrons the members would like to purchase the lifesaving equipment. 

 $    3,250    $     2,500   n/a 

25  Hunter Life Education 

Hunter Life Education will visit over 1800 children in primary schools in the Maitland LGA in 2014.  They are seeking assistance to provide take home workbooks for each child.  

 $    3,600    $     1,800  n/a 

26  Real Care  Purchase of new chairs. Free feed Friday operates to provide a free meal for members of the local community, struggling with low income, unemployment, homelessness, mental illness and so on.  There are a large number of people struggling financially and in need of assistance with food and nutrition and connection with others.  

 $    2,012    $     2,012  n/a 

27  Morpeth Anzac Day Committee 

Request being made to pay for Traffic Control around the nominated streets of Morpeth from 10am ‐ 12.30pm on Anzac Day.  The expense to pay the traffic control company for the day exceeds donations received.  The committee is hoping that Council will consider this as an annual donation to hold the Anzac day service in Morpeth. 

 $    2,041   $     2,041   n/a 

28  Friends of Maitland Jewish Cemetery 

To develop interpretation designs and scope for the Maitland Jewish Cemetery. Development of interpretation (on and off site) is a recommendation of the Conservation Management Plan prepared in 2012. 

 $    5,000    $     2,500   n/a 

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Notes

(1) Project No. 3. Maitland RSL Sub Branch: Lodged an application seeking the sum of $5,000 to assist in offsetting costs travel costs associated with seven (7) Maitland students travelling to Gallipoli for 2015 Anzac Ceremony. Council’s adopted policy only allows for the sum of $2,500 to be awarded. In considering the nature of the request the Committee considered it to be a worthy project and supported the request for the $2,500 additional funding.

(2) General Observation- many requests for equipment and support were received as part of the 2013/14- 2014/15 program which potentially could be gleaned from the private sector to ensure long term sustainability of the projects nominated. The Committee considered it important to provide feedback to individual groups advising of the potential to enlist partners from the private sector and to address this aspect as part of a future review of the Community Grants Program.

It will be recommended that Council approve the allocation of funds under Section 356 of the Local Government Act, 1993 for projects numbered 1-22 and that the unsuccessful applicants numbered 23-28 be advised of Council’s decision and thanked for their application. In considering the above projects the Assessment Committee discussed how Council’s Community Grants Program could be restructured to attract more innovative and creative projects to include seed funding for innovative community capacity building projects and possible funding for place making activities. In discussing what might be possible the Committee considered that it is timely to review Council’s current Community Grants Policy adopted in 2006. The review would include consideration of:

an increase in the amount of funding offered,

a review of the theme areas for which funding is granted,

a review of the guidelines, and

the development of a strong communication strategy to promote the grant program.

It is proposed that a review of the Community Grants Program would also include a review of Council’s High Achievers Program and Council’s contribution to those charities seeking a contribution towards waste disposal.

Budget Implications: Community grant applications have been called for the second round of the 2013/14 program and the first call for the 2014/15 round. In the 14//15 Operational Plan provision has been made for the sum of $62,628 to be allocated for Section 356 Community Grants it is proposed to apportion the funds as follows:

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Sports and Arts High Achievers Grant Program $10,000 Community Service Waste – Approved Charities $ 6,000 Community Grants $46,628

Total $62,628 Second Round of 2013-2014 Community Grants Program - The remaining funds available for expenditure as part of the second call for applications is $27,568  . A budget summary appears as follows: Available Funds: 2013-2015 Remaining Funds $27,568 $27,568 Expenditure: Recommended Expenditure $27,512 $27,512  The following projects are recommended for funding: project nos.1-8, 10, 11, and 14. Net Surplus/ Deficit ($56.00) 2014/15 Community Grants Program Available Funds: 2014-2015 Available funds (as at July 1) $46,628 $46,628 Expenditure: Recommended Expenditure $21,749 $21,749 The following projects are recommended for funding: project nos. 9, 12, 13; 15-22. Net Surplus/ Deficit ($24,879) The remaining funds in the sum of $24,879 will be set aside to deal with requests that fall outside of the normal formal grant application process and outcomes of the review of the Community Grants Program.

FINANCIAL IMPLICATIONS

This matter has no direct financial impact upon Council's adopted budget or forward estimates. POLICY IMPLICATIONS

This matter has no specific policy implications for Council. STATUTORY IMPLICATIONS

There are no statutory implications under the Local Government Act 1993 with this matter.

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10.4 SECTION 356 SPORTS & ARTS HIGH ACHIEVERS GR

10.4 SECTION 356 SPORTS & ARTS HIGH ACHIEVERS GRANT PROGRAM ANT PROGRAM

File No: 10/5/18

Attachments: Nil

Responsible Officer: Lynn Morton - Manager Community and Recreation Services Bernie Mortomore - Executive Manager Planning, Environment and Lifestyle

Author: Kelly Baldwin - Administration and Facilities Officer

Maitland +10 Outcome 2. Community and recreation services and facilities

Council Objective: 2.1.2 To promote increased participation in social, sporting and recreational activities

EXECUTIVE SUMMARY This report presents to Council a recommendation to fund requests for financial assistance under Councils Sports and Arts High Achievers Grant Program in accordance with Section 356 of the Local Government Act.

Recommendation

OFFICER’S RECOMMENDATION THAT Council approve the following requests for funding through the Sports & Arts High Achievers Grant Program as follows:

a. Brock James Lamb, East Maitland – National Level – NSW Combined Catholic Colleges Rugby League - $200.00

b. Matthew Pender, Aberglasslyn – National Level – NSW School Swimming Team - $200.00

REPORT

The Sports & Arts High Achievers Grant is designed to respond to community requests for support to individuals in the fields of sport, intellectual pursuits and community/cultural development pursuits.

The level of support is as follows:

$200.00 for individuals selected to compete on behalf of NSW at a National competition or equivalent

$350.00 for individuals selected to compete on behalf of Australia at International competition or equivalent

$500.00 for individuals competing at the Commonwealth Games

$1000.00 for individuals competing at the Olympic Games

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Teams 50% of the level of support for each selected individual.

Two requests for financial assistance have been received and reviewed by Councils Sport and Recreation Advisory Board and Councils Assessment Committee. The following table summarises the requests:

Level of Support Applicant Support Information Details

Amount Sought

Amount Approved

National Level Matthew Pender

Confirmation from NSW Combined High Schools Sports Association State Team information package.

Selected to compete at the 2014 School Sport Australia Swimming Championships being held at Melbourne Sports & Aquatic Centre, Victoria 21st - 26th July 2014. $ 200.00 $ 200.00

National Level

Brock James Lamb

NSW Combined Catholic Colleges Confirmation

Selected in the NSW Combined Catholic Colleges Rugby League side to tour Darwin in July 2014. $ 200.00 $ 200.00

FINANCIAL IMPLICATIONS

This matter has no direct financial impact upon Council's adopted budget or forward estimates. POLICY IMPLICATIONS

This matter has no specific policy implications for Council. STATUTORY IMPLICATIONS

There are no statutory implications under the Local Government Act 1993 with this matter.

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Appearance and Infrastructure Reports

11 APPEARANCE AND INFRASTRUCTURE REPORTS 11.1 PROPOSED INSTALLATION OF VARIABLE MESSAGE LAND AND EAST MAITLAND

11.1 PROPOSED INSTALLATION OF VARIABLE MESSAGE SIGNS AT MAITLAND AND EAST MAITLAND

SIGNS AT MAIT

File No: 140/16

Attachments: 1. East Maitland VMS - General Site Layout 2. Maitland VMS - General Site Layout

Responsible Officer: Chris James - Executive Manager Appearance and Infrastructure Stephen Hawes - Manager Infrastructure Planning and Development Engineering

Author: Scott Henderson - Infrastructure Planning Engineer

Maitland +10 Outcome 11. Our transport and telecommunications infrastructure

Council Objective: 11.1.1 To ensure contemporary infrastructure is available to support the economic growth of our city through investigation, planning, advocacy and delivery

EXECUTIVE SUMMARY Roads & Maritime Services (RMS) are proposing to install permanent Variable Message Signs (VMS) at two locations in the Maitland City Council area being Ken Tubman Drive, Maitland (for southbound traffic) and the New England Highway, East Maitland (for northbound traffic).

The VMS would provide up-to-date information of traffic conditions and any incidents on local and state roads and expressways, including reporting of accidents, flooded roads and special events, to limit network congestion.

The RMS is required under the State Environmental Planning Policy (Infrastructure) 2007, to consult with Council regarding development with potential impact on Council- related infrastructure or services.

After consideration of the RMS Heritage Impact Report and investigation into alternative locations, Council officers consider that the visual impact of the Ken Tubman Drive VMS on the western edge of the Central Maitland Heritage Conservation Area and the visual impact of the VMS near Emerald Street, is not likely to be substantial and on balance, these sites are the most suitable for this signage.  

Overall, the permanent VMS proposals by RMS are considered to provide a benefit to the community.

Recommendation

OFFICER’S RECOMMENDATION THAT Council support the installation of the permanent Variable Message Signs proposed by the Roads & Maritime Services on the New England Highway, East Maitland and Ken Tubman Drive, Maitland, as detailed in this report.

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REPORT

Roads & Maritime Services (RMS) are proposing to install permanent Variable Message Signs (VMS) at two locations in the Maitland City Council area at:

- Ken Tubman Drive, Maitland (Regional Road) - approximately 300 metres south of Belmore Road (for southbound traffic)

- New England Highway, East Maitland (National Highway) – immediately west of Emerald Street (for northbound traffic).

The RMS is required under the State Environmental Planning Policy (Infrastructure) 2007 to consult with Council regarding development with potential impact on Council-related infrastructure or services. The proposed sites are shown in Attachments 1 and 2. The RMS is seeking Council’s concurrence and comment on the proposal. The permanent VMS will provide up-to-date information of traffic conditions and any incidents on local and state roads and expressways, including reporting of accidents, flooded roads and special events, to limit network congestion. Generally, the project involves: site investigation and preparation works including utility location, geotechnical

analysis, minor trenching and excavation;

installation of a supporting sign structure and full colour graphic VMS outside of the Clear Zone;

installation of a 3.0m x 2.5m concrete maintenance platform surrounding the post of the VMS;

installation of an 8.0m x 4.0m vehicle platform behind the safety barrier for maintenance vehicle parking.

This project is fully funded by the NSW Government. Council comments Emerald Street site The Emerald Street VMS site is considered to be suitable with no substantial impacts. Ken Tubman Drive site Concerns were raised that the Ken Tubman Drive VMS may have heritage and visual impacts. The RMS prepared a Heritage Impact Report for Ken Tubman Drive which states, amongst other things, that: ‘The proposed works will have no impact on the heritage amenity of the Central Maitland Conservation Area…’ and ‘…it is considered that there is no visual impact to surrounding heritage items of significance’.

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An inspection was made with the RMS of the proposed location as well as alternate locations, generally opposite on the eastern side of Ken Tubman Drive. The RMS deem the alternate locations unsuitable as: - The support for the permanent VMS would have to be set back to such an extent

that it may be impractical to extend the bracket the required length;

- Street trees on the eastern side of Ken Tubman Drive would need to be cut back to ensure a suitable visual to the proposed VMS;

- Existing constraints on the eastern side with street trees, street light underground cabling and stormwater drainage.

After review of the assessment and investigation detailed above, Council Officers consider that the signs are acceptable in the proposed locations for the following reasons: - The visual impact of the Ken Tubman Drive VMS on the western edge of the

Central Maitland Heritage Conservation Area and visual impact on the VMS near Emerald Street, East Maitland is not likely to be substantial;

- The public benefit of having the signage should be given significant weight when considering various sign location options.

CONCLUSION The proposed permanent VMS aims to provide up-to-date transport information to limit traffic congestion on the network. The proposed location for the permanent VMS on the New England Highway west of Emerald Street, East Maitland is considered to be a suitable site. The proposed location for the permanent VMS on western side of Ken Tubman Drive provides a clear visual to motorists heading southbound to the highway, does not cause any impact on residences / businesses facing the road and is subject to less road environment constraints in terms of installation. After review of the RMS Heritage Impact Report and investigation into alternative locations, the proposed location of the permanent VMS on the western side of Ken Tubman Drive is considered, on balance, to be the most suitable site. Overall, the installation of permanent VMS proposed by RMS is considered to provide a benefit to the community and it is recommended that the Council support the installations.

FINANCIAL IMPLICATIONS

This matter has no direct financial impact upon Council's adopted budget or forward estimates. POLICY IMPLICATIONS

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This matter has no specific policy implications for Council. STATUTORY IMPLICATIONS

There are no statutory implications under the Local Government Act 1993 with this matter.

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Appearance and Infrastructure Reports

PROPOSED INSTALLATION OF VARIABLE MESSAGE SIGNS AT MAITLAND AND EAST MAITLAND

East Maitland VMS - General Site Layout

Meeting Date: 24 June 2014

Attachment No: 1

Number of Pages: 1

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Appearance and Infrastructure Reports

PROPOSED INSTALLATION OF VARIABLE MESSAGE SIGNS AT MAITLAND AND EAST

MAITLAND

Maitland VMS - General Site Layout

Meeting Date: 24 June 2014

Attachment No: 2

Number of Pages: 1

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Corporate Services Reports

12 CORPORATE SERVICES REPORTS 12.1 Morpeth ANZAC Day Committee Request for Financial A

12.1 MORPETH ANZAC DAY COMMITTEE REQUEST FOR FINANCIAL ASSISTANCE

ssistance

File No: 69/2

Attachments: 1. Request for assistance - Morpeth ANZAC Day Committee

Responsible Officer: Graeme Tolhurst - Executive Manager Corporate Services

Author: Graeme Tolhurst - Executive Manager Corporate Services

Maitland +10 Outcome 1. Sense of place and pride

Council Objective: 1.1.4 To develop and support community partnerships designed to increase benefits and create a sense of community

EXECUTIVE SUMMARY The Morpeth ANZAC Day Committee holds its annual ANZAC Day service and march in Morpeth. This year, the Committee were advised by Council officers to have a complete traffic management plan. The cost was $2,041 and the Committee are seeking Council assistance with this payment.

Recommendation

OFFICER’S RECOMMENDATION THAT 1. Council contribute $2,041 to the Morpeth ANZAC Day Committee for the

expense of the traffic management plan.

REPORT

The annual ANZAC Day service was held this year at Morpeth. The service and march were organised by the Morpeth ANZAC Day Committee. This year the Committee had a traffic management plan in place for the march which commenced on the corner of Tank & Swan Streets, Morpeth and finished outside the Morpeth Museum.

Council staff assisted with the traffic management plan. The Committee engaged a company to instigate street closures and traffic control, mainly to mitigate any risks with the event.

The cost to the Committee for engaging the company to enact the traffic management plan was $2,041. This amount is in addition to their usual expenses of approximately $2,000. The Committee is made up of volunteers and does not have the monies to meet this additional cost, and has requested that Council assist with the payment. A copy of the Committee’s letter is attached.

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CONCLUSION

It is recommended that Council contribute $2,041 to the Morpeth ANZAC Day Committee, to be funded from the Mayoral Room Expenses

A meeting will be held with the Morpeth ANZAC Day Committee in the next couple of months to identify a way forward that will not incur such a cost for traffic management in the future, and to investigate an alternative to the current arrangements.

FINANCIAL IMPLICATIONS

These monies will be funded within the current operational plan. . POLICY IMPLICATIONS

This matter has no specific policy implications for Council. STATUTORY IMPLICATIONS

There are no statutory implications under the Local Government Act 1993 with this matter.

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Corporate Services Reports

MORPETH ANZAC DAY COMMITTEE REQUEST FOR FINANCIAL

ASSISTANCE

Request for assistance - Morpeth ANZAC Day Committee

Meeting Date: 24 June 2014

Attachment No: 1

Number of Pages: 2

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MORPETH ANZAC DAY COMMITTEE REQUEST FOR FINANCIAL ASSISTANCE (Cont.)

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MORPETH ANZAC DAY COMMITTEE REQUEST FOR FINANCIAL ASSISTANCE (Cont.)

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12.2 Statement of Investments as at 31 May 2014

12.2 STATEMENT OF INVESTMENTS AS AT 31 MAY 2014

File No: 82/2

Attachments: Nil

Responsible Officer: Graeme Tolhurst - Executive Manager Corporate Services

Author: Catherine Jacka - Compliance Accountant

Maitland +10 Outcome 19. A Council for now and future generations

Council Objective: 19.1.1 To ensure the principles of sustainability underpin Council’s financial, economic, social and environmental decision-making

EXECUTIVE SUMMARY Clause 212 of the Local Government (General) Regulation 2005 requires Council to report on its investments.

Recommendation

OFFICER’S RECOMMENDATION THAT 1. The report indicating Council’s Funds Management position be received

and noted.

2. The certificate of the Responsible Accounting Officer be noted and the report adopted.

REPORT

Council’s investment portfolio posted a return in April of 5.00%pa versus the bank bill index benchmark return of 2.68%pa. For the financial year to date, Council’s investment portfolio has exceeded the bank bill index benchmark by 1.54%pa (4.22%pa vs 2.68%pa)

Without marked-to-market influences, Council’s investment portfolio currently has an overall yield of 3.97%pa. This is based on the actual interest rates being received on existing investments and excludes the underlying changes to the market value of the securities/deposits.

Council has a well-diversified portfolio with over 97% of the portfolio spread among the top three credit rating categories (A long term/A2 short term and higher). It is expected that Council can continue to achieve above benchmark returns with prudent investment selection for its short and long term holdings.

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STATEMENT OF INVESTMENTS AS AT 31 MAY 2014 (Cont.)

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Global issues:

In the US, some positive signs of economic improvement are coming through, despite a poor GDP reading last month. Share market indices have hit record highs off the back of better than expected corporate earnings reports. Over 75% of S&P 500 companies reported Q1 earnings higher than projections.

In Europe:

o Despite mixed economic data released during the month, markets looked favourably on European Parliament elections going relatively smoothly. While there was an increase in fringe groups gaining seats, they are not regarded as a threat to form destabilising voting blocks.

o While tensions have eased slightly in the Ukraine following its presidential election, underlying unrest remains a concern over the short and medium term.

In China, the recently announced lowering of reserve requirement ratios for some of the nation’s key banks are seen as a warning sign that the government is concerned about economic growth not reaching its 7.5%pa target.

Domestic issues:

In Australia, the Federal Budget dominated headlines during the month. While actual proposed cuts may not have been as harsh as pre-release rumours, consumer sentiment and retail sales fared poorly after the budget’s release.

Housing data revealed a slowdown in May with prices slipping nearly 2% according to RP Data-Rismark. Despite the poor monthly result, low interest rates are still expected to help demand over the course of the year.

Interest rates:

The RBA kept the official cash rate unchanged at 2.50% following its meeting in June. The RBA continued to reiterate that “on present indications, the most prudent course is likely to be a period of stability in interest rates.”

Rates on three month term deposits from highly rated Australian ADIs ended the month in the 3.50%pa area, relatively unchanged from last month. One year rates were available in the 3.65-3.85%pa - reflecting margins of over 100bps over bank bill swap rates.

The following attachments are provided as part of the Report.

a) Council’s holdings as at 31 May 2014 (Attachment A)

b) Investment Portfolio at a glance (Attachment B)

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STATEMENT OF INVESTMENTS AS AT 31 MAY 2014 (Cont.)

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COUNCIL’S HOLDINGS AS AT 31 MAY 2014 (ATTACHMENT A)

Current Accounts 31/05/2014 1,300,000.00 As at Face Value Current

YieldBorrower Rating Maturity Current Value

31-May-14 1,300,000.00 2.5500 National Australia Bank Limited A-1+ 41790 1,300,000.00 Totals 1,300,000.00 2.5500 1,300,000.00

Floating Rate Notes 2/08/2016 11,500,000.00 Reset/Coupo Face Value Current

CouponBorrower Rating Maturity Term of

InvestmentCurrent Value

10-Jun-14 2,000,000.00 5.5467 MAC Snr FRN (Mar17) BBSW+2.90% A 9-Mar-17 1826 2,025,218.35 5-Aug-14 1,000,000.00 3.8483 CBA Snr FRN (Aug16) BBSW+1.17% AA- 2-Aug-16 1756 1,018,701.75 5-Aug-14 1,000,000.00 3.8483 CBA Snr FRN (Aug16) BBSW+1.17% AA- 2-Aug-16 1706 1,018,701.75 7-Aug-14 1,500,000.00 3.8250 BoQ Snr FRN (Nov16) BBSW+1.15% A- 7-Nov-16 1103 1,514,472.26

15-Aug-14 2,000,000.00 4.5517 NAB Snr FRN (Feb17) BBSW+1.85% AA- 15-Feb-17 1827 2,075,729.68 18-Aug-14 2,000,000.00 3.8767 BEN Snr FRN (May17) BBSW+1.20% A- 17-May-17 1352 2,017,724.68 25-Aug-14 2,000,000.00 4.0000 GBS Snr FRN (Feb17) BBSW+1.30% BBB 24-Feb-17 1088 2,001,315.07

Totals 11,500,000.00 4.2943 11,671,863.54

Term Deposits 3/06/2014 67,000,000.00 Face Value Purchase

YieldBorrower Rating Maturity Term of

InvestmentCurrent Value

2,000,000.00 3.8500 ME Bank A-2 03-Jun-14 181 2,037,713.022,000,000.00 3.9100 National Australia Bank A-1+ 11-Jun-14 273 2,056,343.581,000,000.00 3.5500 Bank of Queensland A-2 16-Jun-14 132 1,011,591.282,000,000.00 3.3000 Newcastle Permanent Building Society A-2 17-Jun-14 39 2,004,426.381,000,000.00 3.3500 ME Bank A-2 24-Jun-14 62 1,003,833.001,000,000.00 3.6500 Bank of Queensland A-2 01-Jul-14 112 1,008,787.701,000,000.00 3.4000 Bankwest A-1+ 01-Jul-14 53 1,002,505.241,000,000.00 3.4000 Bankwest A-1+ 08-Jul-14 63 1,002,869.592,000,000.00 3.9300 National Australia Bank A-1+ 11-Jul-14 303 2,058,594.331,000,000.00 3.6800 National Australia Bank A-1+ 14-Jul-14 164 1,013,014.751,000,000.00 3.9800 National Australia Bank A-1+ 21-Jul-14 335 1,032,357.361,000,000.00 3.6000 Wide Bay Australia A-2 22-Jul-14 74 1,003,267.801,000,000.00 3.6000 Wide Bay Australia A-2 28-Jul-14 80 1,003,391.851,000,000.00 3.4500 Bendigo and Adelaide Bank A-2 05-Aug-14 74 1,001,880.012,000,000.00 3.9600 National Australia Bank A-1+ 11-Aug-14 334 2,060,911.181,000,000.00 3.6500 Bank of Queensland A-2 11-Aug-14 188 1,013,155.131,000,000.00 3.6000 Bank of Queensland A-2 08-Sep-14 108 1,002,874.662,000,000.00 3.6000 Wide Bay Australia A-2 09-Sep-14 103 2,004,615.131,000,000.00 3.7000 AMP Bank Limited A-1 15-Sep-14 213 1,013,289.842,000,000.00 3.6100 National Australia Bank A-1+ 23-Sep-14 117 2,005,793.941,000,000.00 3.8000 ING Bank (Australia) A-2 30-Sep-14 200 1,011,238.011,000,000.00 3.6500 Bank of Queensland A-2 08-Oct-14 131 1,002,964.893,000,000.00 3.8200 National Australia Bank A-1+ 13-Oct-14 335 3,074,153.891,000,000.00 3.8700 National Australia Bank A-1+ 14-Oct-14 365 1,028,247.761,000,000.00 3.8000 ING Bank (Australia) A-2 20-Oct-14 223 1,012,035.233,000,000.00 3.8700 National Australia Bank A-1+ 22-Oct-14 365 3,082,977.811,000,000.00 3.8000 AMP Bank Limited A-1 03-Nov-14 269 1,015,825.721,000,000.00 3.8000 AMP Bank Limited A-1 17-Nov-14 270 1,014,835.432,000,000.00 5.7600 National Australia Bank A-1+ 01-Dec-14 1097 2,087,371.902,000,000.00 3.9000 ME Bank A-2 16-Dec-14 368 2,046,084.791,000,000.00 3.7200 Bank of Queensland A-2 16-Dec-14 257 1,010,120.331,000,000.00 3.8500 ME Bank A-2 06-Jan-15 365 1,020,049.892,000,000.00 3.8500 National Australia Bank A-1+ 13-Jan-15 371 2,043,924.211,000,000.00 3.8000 ME Bank A-2 03-Feb-15 361 1,016,239.231,000,000.00 3.8200 ING Bank (Australia) A-2 10-Mar-15 370 1,013,713.391,000,000.00 3.8500 Credit Union Australia A-2 04-May-15 363 1,007,568.662,000,000.00 3.8300 Westpac Group A-1+ 29-May-15 365 2,021,929.721,000,000.00 4.2000 Westpac Group AA- 01-Jun-15 731 1,010,770.691,000,000.00 4.3000 National Australia Bank AA- 24-Aug-15 732 1,046,576.722,000,000.00 4.1900 National Australia Bank AA- 28-Aug-15 730 2,087,608.581,000,000.00 4.1400 National Australia Bank AA- 07-Mar-16 733 1,024,507.391,000,000.00 4.0500 Bank of Queensland A- 14-Mar-16 734 1,016,638.782,000,000.00 4.5500 Westpac Group AA- 16-May-16 1096 2,050,611.341,000,000.00 4.5500 Westpac Group AA- 16-May-16 1096 1,025,305.671,000,000.00 4.5500 Westpac Group AA- 23-May-16 1098 1,024,860.382,000,000.00 4.5500 Bank of Queensland A- 23-Aug-16 1097 2,105,494.193,000,000.00 4.5500 Bank of Queensland A- 30-Aug-16 1098 3,156,062.15

Totals 67,000,000.00 3.9472 0 68,398,932.52

Grand Totals 79,800,000.00 81,370,796.06

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ORDINARY MEETING AGENDA 24 JUNE 2014

STATEMENT OF INVESTMENTS AS AT 31 MAY 2014 (Cont.)

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Council’s investment holdings are made up of the following:

S94 Contributions 35,067,483.86Restricted Assets - Internal 26,169,876.17Restricted Assets - External 18,562,639.97Total 79,800,000.00

Section 94 Contributions are levies charged to developers for contributions towards public amenities and services required as a consequence of development. These funds are utilised in the provision, extension or augmentation of public facilities, or towards recouping the cost of their provision, extension or augmentation. Internally Restricted Assets are made up of internal reserves to fund future commitments. Examples are Employee Leave Entitlements (ELE), Economic Development, Waste Disposal Site Construction Reserve and Asset Reserve. Externally Restricted Assets are amounts that are restricted due to external provider guidelines or statutory requirements, for example, grants.

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STATEMENT OF INVESTMENTS AS AT 31 MAY 2014 (Cont.)

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INVESTMENT PORTFOLIO AT A GLANCE (ATTACHMENT B)

Portfolio Performance vs. 90 day Bank Bill Index Council’s investment performance did exceed

the benchmark for the month of May 2014.

Investment Policy Compliance

Legislative Requirements Fully compliant.

Portfolio Credit Rating Limit Fully compliant

Institutional Exposure Limits Fully compliant

Term to Maturity Limits Fully compliant

Investment Performance vs. Benchmark

Investment Portfolio

Return (%pa) Benchmark: UBS

90d Bank Bill Index RBA Cash Rate

1 Month 5.00% 2.68% 2.50%

3 Months 4.04% 2.67% 2.50%

6 Months 3.38% 2.64% 2.50%

FYTD 4.22% 2.68% 2.52%

12 Months 4.08% 2.69% 2.54%

CONCLUSION

Certification – Responsible Accounting Officer

The Responsible Accounting Officer certifies that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government General Regulation 2005 and Council’s Investments Policy.

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STATEMENT OF INVESTMENTS AS AT 31 MAY 2014 (Cont.)

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FINANCIAL IMPLICATIONS

The actual interest income received during the month of May 2014 was $548,021. Total income received for the year up to the end of May 2014 is $2,651,230. The budget for the year so far is $2,336,046 so a favourable variance of $315,184 has been achieved.

POLICY IMPLICATIONS

Council’s investments are made in accordance with Council’s Investment Policy. STATUTORY IMPLICATIONS

The above sums have been invested and reported in accordance with: Section 625 of the Local Government Act 1993 Clause 212 of the Local Government (General) Regulation 2005

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13 CORPORATE PLANNING AND ENGAGEMENT REPORTS

Nil

14 STRATEGIC PROJECTS REPORTS

Nil

15 PEOPLE AND PERFORMANCE REPORTS

Nil

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Items for Information

16 ITEMS FOR INFORMATION 16.1 Councillor Motions

16.1 COUNCILLOR MOTIONS

File No: 35/61

Attachments: Nil

Responsible Officer: Graeme Tolhurst - Executive Manager Corporate Services

Author: Amanda Hillman - Coordinator Governance

Maitland 2021 Outcome 18. An efficient and effective Council

Council Objective: 18.2.1 To maintain effective and appropriate systems to ensure decision-making is transparent, accessible and accountable

EXECUTIVE SUMMARY The following report details the current status of Councillor motions which are currently being actioned by Council Officers.

Recommendation

OFFICER’S RECOMMENDATION THAT the information contained in this Report be noted.

REPORT See attached report.

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ORDINARY MEETING AGENDA 24 JUNE 2014

COUNCILLOR MOTIONS (Cont.)

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Notices of Motion/Rescission

17 NOTICES OF MOTION/RESCISSION 17.1 Draft Exposure Amendment to the Racial Discrimination

17.1 DRAFT EXPOSURE AMENDMENT TO THE RACIAL DISCRIMINATION ACT

Act

NOTICE OF MOTION SUBMITTED BY CLR LORETTA BAKER

File No: 35/7/4

Attachments: 1. Racial Discrimination Act 1975 Section 18C

2. Proposed Freedom of Speech Repeal of

Section 18C

Responsible Officer: David Evans - General Manager

Clr Loretta Baker has indicated her intention to move the following Notice of Motion at the next Council Meeting being held on 24 June 2014:

Preamble: As leaders in our community, it is important that we voice our concerns about the possible ramifications of these changes. The Racial Discrimination Act was enacted in 1975 in a show of bipartisanship; its objective was to protect the community from hate speech and from racial, religious and cultural intolerance. It has been considered good law for almost four decades. THAT Council:

1. Acknowledge the fundamental importance of section 18C of the Racial Discrimination Act 1975 to our community.

2. Acknowledge and endorse that section 18C provides protection to individuals from offensive behaviour because of race, colour, national or ethnic origin.

3. Write to the Federal Attorney General requesting he withdraw the Draft Exposure Amendment to the Racial Discrimination Act.

RESPONSE BY EXECUTIVE MANAGER

It is open to the Council to determine a position on matters of this nature.

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ORDINARY MEETING AGENDA 24 JUNE 2014

DRAFT EXPOSURE AMENDMENT TO THE RACIAL DISCRIMINATION ACT (Cont.)

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Notices of Motion/Rescission

DRAFT EXPOSURE AMENDMENT TO THE RACIAL DISCRIMINATION ACT

Racial Discrimination Act 1975 Section 18C

Meeting Date: 24 June 2014

Attachment No: 1

Number of Pages: 1

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ORDINARY MEETING AGENDA 24 JUNE 2014

DRAFT EXPOSURE AMENDMENT TO THE RACIAL DISCRIMINATION ACT (Cont.)

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DRAFT EXPOSURE AMENDMENT TO THE RACIAL DISCRIMINATION ACT (Cont.)

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Notices of Motion/Rescission

DRAFT EXPOSURE AMENDMENT TO THE RACIAL DISCRIMINATION ACT

Proposed Freedom of Speech Repeal of Section 18C

Meeting Date: 24 June 2014

Attachment No: 2

Number of Pages: 1

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DRAFT EXPOSURE AMENDMENT TO THE RACIAL DISCRIMINATION ACT (Cont.)

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18 QUESTIONS WITH NOTICE

Nil

19 URGENT BUSINESS

20 COMMITTEE OF THE WHOLE

21 CLOSURE