ordinary meeting minutes 9 february 2016
TRANSCRIPT
Maitland City Council I Ordinary Meeting Minutes
ORDINARY MEETING
MINUTES
9 FEBRUARY 2016
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TABLE OF CONTENTS
ITEM SUBJECT PAGE NO
1 INVOCATION ........................................................................... 1
2 ACKNOWLEDGEMENT OF COUNTRY ..................................... 1
3 APOLOGIES AND LEAVE OF ABSENCE ................................... 1
4 DECLARATIONS OF INTEREST ................................................ 1
5 CONFIRMATION OF MINUTES OF PREVIOUS MEETING ....... 1
6 BUSINESS ARISING FROM MINUTES ..................................... 2
7 MAYORAL MINUTE ................................................................. 2
8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE
ITEMS OF BUSINESS ................................................................ 2
9 PUBLIC ACCESS ....................................................................... 2
10 GENERAL MANAGER'S REPORTS ........................................... 3
10.1 FIT FOR THE FUTURE ..................................................................... 3
10.2 IPART REVIEW OF REPORTING AND COMPLIANCE
BURDENS ON LOCAL GOVERNMENT ........................................... 5
11 PLANNING, ENVIRONMENT AND LIFESTYLE REPORTS ....... 6
11.1 DA 14-2276 SECTION 96 MODIFICATION TO AMEND
SUBDIVSION LAYOUT, STAGING AND DRAINAGE - LOTS
102 &103 DP 1208978 & LOT 13 DP 1208290, 281
MORPETH ROAD RAWORTH RECOMMENDATION:
APPROVAL ..................................................................................... 6
11.2 DA 15-2259 ALTERATIONS & ADDITIONS TO EXISTING
RESIDENCE - LOT 1 DP931319, 10 SWAN STREET,
MORPETH RECOMMENDATION: APPROVAL ............................... 8
11.3 DA 15-2804 CHANGE OF USE TO RECREATION FACILITY
(INDOOR) - DANCE STUDIO - LOT 5 DP758374, 12 YOUNG
STREET, EAST MAITLAND RECOMMENDATION: APPROVAL ..... 17
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11.4 DA 15-2300 ADDITIONS & ALTERATIONS TO EXISTING
HOTEL - LOT 1 DP617690, 87-91 GEORGE STREET EAST
MAITLAND & LOT 12 DP1108212, 78 LAWES STREET EAST
MAITLAND RECOMMENDATION: APPROVAL ............................ 21
11.5 DA 03-3475 S96 (1)(A) AMENDMENT TO DESIGN AND
LOCATION OF CABINS AND CLUBHOUSE FOR
ACCOMMODATION LODGE AND TENNIS COURTS - LOT
201 DP711193, 28 RAWORTH AVENUE, RAWORTH
RECOMMENDATION: APPROVAL ............................................... 30
11.6 VOLUNTARY HOUSE RAISING GRANT SCHEME - GRANT
ACCEPTANCE ............................................................................... 40
11.7 TEMPORARY SUSPENSION OF THE ALCOHOL FREE ZONE
WITHIN THE LEVEE SHARED ZONE FOR THE MAITLAND
TASTE FESTIVAL 2016 .................................................................. 42
11.8 NAMING OF LANE 7 WITHIN MAITLAND AQUATICS
FACILITY....................................................................................... 44
11.9 SAFER STREETS PROGRAMME 2015-16 TO 2017-18 ................... 45
11.10 REGIONAL LIBRARY COLLABORATION - MEMORANDUM
OF UNDERSTANDING .................................................................. 47
11.11 MAITLAND TASTE FESTIVAL 2016 ............................................... 48
12 INFRASTRUCTURE AND WORKS REPORTS .......................... 50
12.1 CHRISTOPHER ROAD, LOCHINVAR - ROAD STATUS .................. 50
12.2 OAKHAMPTON HEIGHTS ............................................................ 51
12.3 KIAH ROAD BRIDGE OVER RAIL CORRIDOR, GILLIESTON
HEIGHTS - REQUEST REGARDING OWNERSHIP AND
MAINTENANCE ............................................................................ 52
12.4 THE MAITLAND TASTE: FOOD, WINE & MUSIC FESTIVAL
2016 - TEMPORARY ROAD CLOSURES ........................................ 54
13 ADMINISTRATION AND GOVERNANCE REPORTS .............. 56
13.1 STATEMENT OF INVESTMENTS AS AT 30 NOVEMBER 2015 ...... 56
13.2 STATEMENT OF INVESTMENTS AS AT 31 DECEMBER 2015........ 57
14 STRATEGY AND PERFORMANCE REPORTS .......................... 58
NIL
15 MAJOR PROJECTS REPORTS .................................................. 58
NIL
16 HUMAN RESOURCES REPORTS ............................................ 58
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NIL
17 ITEMS FOR INFORMATION ................................................... 59
17.1 ANZAC DAY 2016 MORPETH - TRAFFIC MANAGEMENT ............ 59
17.2 COMMENCEMENT OF THE LOCAL GOVERNMENT
AMENDMENT (COUNCILLOR MISCONDUCT & POOR
PERFORMANCE ACT) 2015 .......................................................... 60
17.3 THE VISITOR ECONOMY MARKETING ACTIVITY PLAN 2016 ..... 61
18 NOTICES OF MOTION/RESCISSION ..................................... 62
18.1 DEGRADATION OF AGRICULTURAL LAND ................................. 62
18.2 FLOODING AT OAKHAMPTON HEIGHTS .................................... 63
19 QUESTIONS WITH NOTICE ................................................... 64
20 URGENT BUSINESS ............................................................... 64
21 COMMITTEE OF THE WHOLE ................................................ 65
21.1 BUILDING BETTER REGIONAL CITIES PROGRAM FUNDING
AGREEMENT FOR AFFORDABLE HOUSING AND
SUPPORTING INFRASTRUCTURE - RECONSTRUCTION OF
ATHEL D'OMBRAIN DRIVE .......................................................... 65
21.2 191 HIGH STREET, MAITLAND .................................................... 67
21.3 LOT 1490 DP 1005639 AND LOT 14 DP 730416 WEBLANDS
STREET, ABERGLASSLYN ............................................................. 68
21.4 CONSIDERATION OF CONSTRUCTION EXPRESSIONS OF
INTEREST - MAITLAND NO. 1 SPORTSGROUND
GRANDSTAND REDEVELOPMENT ............................................... 69
21.5 CONSIDERATION OF TENDERS - MAITLAND PARK INDOOR
25M POOL .................................................................................... 71
22 COMMITTEE OF THE WHOLE RECOMMENDATIONS ........... 73
23 CLOSURE ................................................................................ 75
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PRESENT Clr Robert Aitchison
Clr Loretta Baker
Clr Peter Blackmore
Clr Brian Burke
Clr Peter Garnham
Clr Bob Geoghegan
Clr Arch Humphery
Clr Henry Meskauskas
Clr Nicole Penfold
Clr Philip Penfold
Clr Steve Procter
Clr Ken Wethered
Clr Ben Whiting
1 INVOCATION
The General Manager, David Evans read the customary prayer at the
commencement of the meeting.
One (1) minute silence was observed for the passing of two (2) former Alderman -
Jim Crethary and Bill Wright.
2 ACKNOWLEDGEMENT OF COUNTRY
Clr P Penfold read the Acknowledgement of Country
3 APOLOGIES AND LEAVE OF ABSENCE
Nil
4 DECLARATIONS OF INTEREST
Nil
5 CONFIRMATION OF MINUTES OF PREVIOUS MEETING
COUNCIL RESOLUTION
THAT the minutes of the Ordinary Meeting held 8 December 2015 be
confirmed.
Moved Clr B Whiting, Seconded Clr B Burke
CARRIED
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6 BUSINESS ARISING FROM MINUTES
Nil
7 MAYORAL MINUTE
Nil
8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS
OF BUSINESS
Withdrawal of Item 11.1 - DA 14-2276 Section 96 Modification to amend
subdivision layout, staging and drainage - Lots 102 &103 DP 1208978 & Lot 13 DP
1208290, 281 Morpeth Road Raworth. Recommendation: Approval - as further
assessment is needed regarding the status of proposed detention basin.
Moved Clr P Garnham, Seconded Clr L Baker
9 PUBLIC ACCESS
Karl Bagnall representing himself spoke against Item 11.3 - DA 15-2804 Change
of Use to Recreation Facility (Indoor) - Dance Studio - Lot 5 DP758374, 12 Young
Street, East Maitland. Recommendation: Approval
Anne Marie Kleinschafer representing herself spoke against Item 11.3 - DA 15-
2804 Change of Use to Recreation Facility (Indoor) - Dance Studio - Lot 5
DP758374, 12 Young Street, East Maitland. Recommendation: Approval
Errol Jack representing himself spoke against Item 11.5 - DA 03-3475 S96 (1)(A)
Amendment to design and location of cabins and clubhouse for Accommodation
Lodge and Tennis Courts - Lot 201 DP711193, 28 Raworth Avenue, Raworth
Recommendation: Approval
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10 GENERAL MANAGER'S REPORTS
10.1 FIT FOR THE FUTURE
FILE NO: 35/80
ATTACHMENTS: 1. DPC confirmation email
2. Minister's confirmation letter and extract
3. Fit for the Future Progress Report
RESPONSIBLE OFFICER: David Evans - General Manager
AUTHOR: David Evans - General Manager
MAITLAND +10 Outcome 19. A sustainable Council for a sustainable
City
COUNCIL OBJECTIVE: 19.1.1 To ensure the principles of sustainability
underpin Council’s financial, economic, social and
environmental decision-making
EXECUTIVE SUMMARY
This report presents the NSW Government’s response to the final Fit for the Future
submissions made by councils on 18 November 2015, and provides the Council with an
update on the Fit for the Future ‘status’ of Maitland City Council, and an update on the
progress of local government reform generally.
OFFICER’S RECOMMENDATION
THAT
1. It be noted that Maitland City Council is now deemed ‘Fit for the Future’ by
the NSW Government, and will continue as a stand-alone council; and
2. Council continue to actively participate in the reform of local government in
NSW through continued involvement in the Hunter Pilot Joint Organisation
and, where appropriate, constructive input to matters relating to the
performance and governance of councils, and improvements to the system
of local government in NSW.
COUNCIL RESOLUTION
THAT
1. It be noted that Maitland City Council is now deemed ‘Fit for the Future’ by
the NSW Government, and will continue as a stand-alone council; and
2. Council continue to actively participate in the reform of local government in
NSW through continued involvement in the Hunter Pilot Joint Organisation
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and, where appropriate, constructive input to matters relating to the
performance and governance of councils, and improvements to the system
of local government in NSW.
Moved Clr B Geoghegan, Seconded Clr P Penfold
CARRIED
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10.2 IPART REVIEW OF REPORTING AND COMPLIANCE BURDENS ON LOCAL
GOVERNMENT
FILE NO: 117/1
ATTACHMENTS: 1. Council's Submission to Review
2. Extract Draft Report - Review of reporting
and compliance burdens on Local
Government
RESPONSIBLE OFFICER: David Evans - General Manager
AUTHOR: David Evans - General Manager
MAITLAND +10 Outcome 19. A sustainable Council for a sustainable
City
COUNCIL OBJECTIVE: 19.1.1 To ensure the principles of sustainability
underpin Council’s financial, economic, social and
environmental decision-making
EXECUTIVE SUMMARY
The Independent Pricing and Regulatory Tribunal (IPART) has released its draft report on
the ‘Review of reporting and compliance burdens on Local Government’ and has called for
submissions in relation to the report and its 49 draft recommendations. This report
provides the Executive Summary and recommendations for the information of Council,
and a basis for a submission by Council in response to the recommendations contained
within the draft report. Submissions are due by 19 February 2016, with a final report due
to the Minister on 22 April 2016.
OFFICER’S RECOMMENDATION
THAT
1. Council support the recommendations contained in the Independent Pricing
and Regulatory Tribunal’s draft report on the ‘Review of reporting and
compliance burdens on Local Government’.
COUNCIL RESOLUTION
THAT
1. Council support the recommendations contained in the Independent Pricing
and Regulatory Tribunal’s draft report on the ‘Review of reporting and
compliance burdens on Local Government’.
Moved Clr B Geoghegan, Seconded Clr B Whiting
CARRIED
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11 PLANNING, ENVIRONMENT AND LIFESTYLE REPORTS
11.1 DA 14-2276 SECTION 96 MODIFICATION TO AMEND SUBDIVSION
LAYOUT, STAGING AND DRAINAGE - LOTS 102 &103 DP 1208978 & LOT
13 DP 1208290, 281 MORPETH ROAD RAWORTH
RECOMMENDATION: APPROVAL
FILE NO: DA 14-2276
ATTACHMENTS: 1. Locality Plan
2. Site Plans
3. Submissions
RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,
Environment & Lifestyle
David Simm - Manager Development & Environment
Leanne Harris - Development Assessment Coordinator
AUTHOR: Anne Moore - Contract Planner
APPLICANT: Mitchell Spares Pty Ltd
OWNER: Mitchell Spares Pty Ltd
PROPOSAL: Modify Condition 1 to acknowledge the revised
subdivision layout in respect to lots 113 to 116 and
proposed drainage reserve and minor change to staging
plan
LOCATION: No. 281 Morpeth Road Raworth
ZONE: R1 General Residential
EXECUTIVE SUMMARY
A Section 96 Application has been received by Council seeking modification of
Development Consent DA 14 - 2276 to amend the subdivision layout in respect to Lots 113
to 116 to allow enlargement of the drainage reserve including the design of the detention
basin and to amend the staging plan so as to incorporate former lots 212 and 213 into
Stage 3 (i.e. Lots 307 & 308). This will require changes to Conditions 1 and 22 relating to
approved plan and the proposed detention basin.
The application was notified and advertised from 19 November 2015 to 3 December 2015.
During this period four (4) submissions were received by Council. The issues raised in all
the submissions to Council are addressed in the body of this report. It is considered that
the grounds of the objection do not warrant refusal or further modification of this
application. However the submissions have identified a number of drainage issues within
this locality that require on going investigation by Council to overcome deficiencies with
the existing drainage system and will be considered separately to this application.
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The application has been assessed against the requirements of Section 96(1A) and Section
79C of the Environmental Planning and Assessment Act, 1979 and Section 115 of the
Environmental Planning and Assessment Regulation. Modification of Condition 1 to reflect
the amended subdivision layout and staging of the subdivision and Condition 22 to allow
a modified detention basin design is considered necessary in this case.
Accordingly, it is recommended that Conditions 1 and 22 be amended and an additional
condition be inserted requiring the details of the detention basin be forwarded to the NSW
Dam Safety Committee for review and comment.
OFFICER’S RECOMMENDATION
THAT
1. Section 96 Application for modification of Development Application No. 14-
2276 – Fifty (50) Lot Residential Subdivision at Lot 13 DP 1208290 & Lots 102 &
103 DP1208978 (formerly known as Lot 3 DP 654239, Lots 4 & 5 DP 1058164 &
Lot 16 DP 4923) No. 281 Morpeth Road Raworth be approved subject to the
amended conditions set out in the attached schedule.
Note: This item was withdrawn as per Item 8.
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11.2 DA 15-2259 ALTERATIONS & ADDITIONS TO EXISTING RESIDENCE - LOT
1 DP931319, 10 SWAN STREET, MORPETH
RECOMMENDATION: APPROVAL
FILE NO: DA 15-2259
ATTACHMENTS: 1. Locality Plan
2. Development Plans
3. Submissions
RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,
Environment & Lifestyle
David Simm - Manager Development & Environment
Leanne Harris - Development Assessment Coordinator
AUTHOR: Luke Johnson - Town Planner
APPLICANT: Rochelle Redman C/- AGCAD DESIGN
OWNER: Rochelle Naomi Redman
PROPOSAL: Alterations & Additions to Existing Residence
LOCATION: 10 Swan Street, Morpeth
ZONE: RU1 Primary Production
EXECUTIVE SUMMARY
The proposal seeks consent for alterations and additions to a single storey dwelling on
land described as Lot 1 on DP931319, more commonly known as 10 Swan Street, Morpeth.
The subject site is zoned RU1 Primary Production pursuant to the Maitland Local
Environmental Plan 2011 (LEP 2011). The proposal is consistent with the objectives of the
RU1 zone as it will not result in conflict between land uses within this zone and land uses
within adjoining zones.
The existing residence is single storey and comprises three bedrooms, family room, dining
room, store room, kitchen, laundry, basement and three (3) existing sheds to be retained.
The alterations and additions propose to reconfigure the internal layout of the house and
construct an additional wing to allow for two bedrooms, family room, dining room, living
area, kitchen and pantry, an office, entertaining area, a gym and single car garage.
Proposed within the roof space of the existing dwelling is a third and fourth bedroom,
walk in robe and bathroom and within the roof space of the wing addition is a guestroom
and bathroom. The existing basement is to be increased for the extent of the additions to
the ground floor of the dwelling. The dwelling will retain access to and from Swan Street
via a proposed second driveway. The driveway has been designed to be consistent with the
Morpeth Heritage Conservation Area being driveway strips and have been conditioned to
be Morpeth mix. Earthworks proposed on the site include the importation of
approximately 2000m³ of fill to construct a suitable earth mound for the additions to be
erected on and construction of retaining walls allowing for basement access through the
earth mound.
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The proposed alterations and additions generally comply with the provisions of the
Maitland Development Control Plan 2011.
The proposal was advertised and notified from 12 to 26 October 2015. One (1) submission
was received objecting to the proposal. The issues raised by the objector related to loss of
view and reduction of flood refuge area for animals. These issues are not considered
significant enough to warrant refusal of the proposal.
The proposal has been assessed in accordance with Section 79C of the Environmental
Planning & Assessment Act 1979 (NSW) (EP&A Act 1979) and is considered to satisfy the
relevant heads of consideration. Accordingly approval is recommended, subject to
conditions.
OFFICER’S RECOMMENDATION
THAT DA 15-2259 for Alterations & Additions to Existing Residence - Lot 1 on
DP931319, more commonly known as 10 Swan Street, Morpeth be approved,
subject to the conditions of consent set out in the attached schedule.
COUNCIL RESOLUTION
THAT DA 15-2259 for Alterations & Additions to Existing Residence - Lot 1 on
DP931319, more commonly known as 10 Swan Street, Morpeth be approved,
subject to the conditions of consent set out in the attached schedule.
Moved Clr R Aitchison, Seconded Clr S Procter
CARRIED
The Mayor in accordance with Section 375A of the Local Government Act 1993 called
for a division.
The division resulted in 13 for and 0 against, as follows:
For: Clr R Aitchison Against:
Clr L Baker
Clr P Blackmore
Clr B Burke
Clr P Garnham
Clr B Geoghegan
Clr A Humphery
Clr H Meskauskas
Clr N Penfold
Clr P Penfold
Clr S Procter
Clr K Wethered
Clr B Whiting
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Schedule of Conditions DA 15-2259
Alterations and Additions to Dwelling (Heritage Area)
Reason for Conditions
The objectives of the following conditions is to draw to the attention of the applicant and owner
their responsibilities to comply with various provisions of the Environmental Planning and
Assessment Act, 1979, Environmental Planning and Assessment Regulations, 2000, Local
Government Act 1993; Regulations; Building Code of Australia and Local Policies relating to
building construction and maintenance.
APPROVED PLANS AND DOCUMENTATION
1. The development shall be carried out in accordance with the stamped approved
plans, documentation and any amendments arising through conditions to this
consent or as shown in red colour on the plans:
Plan Ref.
No
Sheet
No
Revision
No
Revision
Date
Drawn by
14-053 S01 1 29/09/2015 Agcad Building Design
14-053 S02, S03
& S05
2 28/01/2016 Agcad Building Design
14-053 S04 2 03/02/2016 Agcad Building Design
GENERAL PROVISIONS
2. A Construction Certificate is to be obtained prior to commencing construction works.
The construction certificate application is to include detailed plans and specifications
for the construction of the dwelling.
3. The applicant is required to submit to council ‘Notice of Commencement’ at least two
(2) days prior to the commencement of construction works.
4. The addition, or any portion of the addition, shall not be occupied until an
Occupation Certificate has been issued.
5. All building work must be carried out in accordance with the provisions of the
Building Code of Australia.
6. Rubbish generated from the development is to be suitably contained on site at all
times. No rubbish shall be stockpiled in a manner which facilitates the rubbish to be
blown off site.
7. (1) Building work that involves residential building work (within the meaning of the
Home Building Act, 1989) must not be carried out unless the principal certifying
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authority for the development to which the work relates has provided Council with
written notice of the following information:
(a) in the case of work to be done by a licensee under that Act:
(i) the licensee’s name and contractor licence number, and
(ii) of the name of the insurer by which the work is insured under Part 6 of
that Act, or
(b) in the case of work to be done by any other person:
(i) the name of the owner-builder, and
(ii) if the owner-builder is required to hold an owner-builder permit under
that Act, the number of the owner-builder permit.
(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.
8. Prior to commencement of works within the existing public road reserve;
an engineering design, in accordance with Council’s Manual of Engineering
Standards, including any additional works arising from design warrants, shall be
submitted to Council for approval;
consent under the Roads Act for the approved works, shall be issued by Council;
all relevant Council fees shall be paid;
a traffic control plan in accordance with the RMS publication “Traffic Control at
Worksites” shall be submitted to, and be approved by Council.
EARTHWORKS
9. The owner/occupier shall ensure that access to the landfill site is restricted and
monitored to prevent the unauthorised deposition of material.
10. Filling material, shall be limited to the following;
a) Virgin Excavated Natural Material (VENM);
b) Excavated Natural Material (ENM) certified as such in accordance with
Protection of the Environment Operations (Waste) Regulation 2005.
c) Material subject to a Waste exemption under Clauses 51 and 51A Protection
of the Environment Operations (Waste) Regulation 2005 and recognised by
the NSW Environment Protection Authority as being ‘fit for purpose’ with
respect to the development subject of this application.
Note: Under no circumstances shall contaminated fill material including but not limited
to putrescible wastes, (such as timber, paper, green waste, food etc), oil products
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(including petrol, bitumen, asphaltic concrete etc), plastic, and the like, be deposited on
the land unless expressly authorised by this development consent.
11. Where ENM, or material the subject of a waste recovery exemption is used, the
applicant shall ensure that detailed records are kept identifying the source of the
material and its composition. Such records are to be provided to the Council upon
completion of the filling.
12. At the completion of filling the applicant shall submit to the Council a validation
report prepared in accordance with EPA requirements by a qualified geotechnical
consultant confirming that the completed filling works (addressing both material
type, compaction and stabilisation) has been undertaken in accordance with the
approved development application documentation and associated consent
conditions.
13. All grass and topsoil on the proposed fill area shall be stripped and stockpiled for
re-use on the finished surface and batters.
14. Filling material shall be:
stabilised against erosion upon final placement with topsoil and grass (seed or
turf), or by similar means
graded evenly to shed stormwater runoff to an existing overland flow path
provided with stable, maintainable batter slopes no steeper than 1 (vertical) in 4
(horizontal).
STORMWATER DRAINAGE
15. Final discharge of collected stormwater runoff shall be piped to the existing site
drainage system.
FLOODING CONSIDERATIONS
16. All ground level electrical services are to be connected to a ‘residual current device’
(RCD) to the requirements of Energy Australia to reduce the risk of electrocution in a
flood event where inundation of the ground level occurs.
17. Prior to issue of an Occupation Certificate, a flood evacuation plan shall be
submitted to and approved by Council. The plan should make provision within the
design of the proposed dwelling additions and alterations for a safe and clear means
of evacuation in time of flood and include consideration of the NSW Flood Response
Manual.
18. The floor level of all habitable rooms is to be a minimum of 500mm above the 1 in
100 year AEP flood level on the subject land (established at RL 6.00 m AHD).
SITE CONSIDERATIONS
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19. 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.
20. 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 the building or neighbouring buildings or onto neighbouring land.
Where a retaining wall is planned for this purpose and such wall exceeds 1.0m in
height at any point from finished ground level, plans and specifications of the
construction shall be approved by the PCA before works commence. The
submission of a separate Development Application is not required for a retaining
wall associated with this approval and indicated on the approved plans.
21. 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 having benefit of the development consent:
i) Must preserve and protect the building from damage, and
ii) If necessary, must underpin and support the building in an approved
manner, and
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).
22. 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 unauthorised 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.
23. Approved toilet facilities are to be provided, at or in the vicinity of the work site on
which the work involved in the erection or demolition of a building is being carried
out, at the rate of one toilet for every 20 persons or part of 20 persons employed at
the site. The provision of toilet facilities in accordance with this Clause must be
completed before any other work is commenced.
24. The site is to be cleared of all building refuse and spoil immediately after completion
of the building.
25. All building materials, plant and equipment shall be contained wholly within the
development site.
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26. 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”.
27. 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.
VEHICLE ACCESS
28. Prior to issue of the Final Occupation Certificate the driveway shall be constructed, in
accordance with Council’s Manual of Engineering Standards, which includes the
retention of (or if damaged reconstruction as plain concrete of) any existing
footpath, and with reference to Council’s information document “Footway Crossings
(Driveways)”.
29. 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).
HERITAGE
30. The driveway shall be constructed with Morpeth Mix material and consist of driveway
strips with a central landscape median, in accordance with Council’s Manual of
Engineering Standards.
31. All fascia and barge boards shall be of timber construction.
32. All windows shall be of wide profile aluminium construction.
TREE PRESERVATION
33. All trees located along the frontage of the site shall be retained. An Arborist report is
to be prepared and submitted to Council prior to the issue of the Construction
Certificate detailing the location of each tree and any measures that are to be
implemented during construction to ensure damage to the trees is minimised.
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RELICS AND ARTEFACTS
34. Should any historical relics be unexpectedly discovered in any areas of the site not
subject to an excavation permit, then all excavation or disturbance to the area is to
stop immediately and the Heritage Council of NSW should be informed in
accordance with section 146 of the Heritage Act 1977. Additional assessment and
approval may be required prior to works continuing in the affected area(s)
depending on the nature and extent on the nature of the discovery.
35. Should any Aboriginal ‘objects’ be uncovered by the work, excavation or disturbance
of the area is to stop immediately and the Office of Environment and Heritage must
be informed accordance with Section 89A of the National Parks and Wildlife Act,
1974 (as amended). Works affecting Aboriginal ‘objects’ on the site must not
continue until the Office of Environment and Heritage has been informed. Aboriginal
‘objects’ must be managed in accordance with the National Parks and Wildlife Act,
1974.
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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 (or the owner) are advised to notify Council in writing, of any existing damage to
the street infrastructure (including landscaping) along the frontage of the property,
prior to commencement of construction. The absence of such notification signifies
that no damage exists. Where necessary repairs are carried out by Council, the
owner of the property shall be held liable for the cost of those repairs.
B. The owner should note that the issue of this development consent does not amount
to a release, variation or modification by Council of any covenant applicable to this
property and that any action taken by the applicant in accordance with the consent
which results in any loss or damage by way of breach of the covenant will not be the
responsibility of Council.
C. You are advised that “Morpeth Mix” is a locally devised concrete mix that consists of
river pebbles in place of crushed blue metal with an oxide mix of 5kg yellow, 2kg 610
Brown to 1 cubic metre of concrete which provides an earthy colour (Note: the tint,
‘paperbark’ is a good equivalent). When the concrete has reached its initial set,
shape with a steel trowel (once only) and give a light finish with a hair broom. This
produces an attractive, aged look rather than a stark, grey concrete finish and
enhances the appearance of the property and the area.
D. You are advised that the issue of this development consent does not negate the
responsibility of the land owner in respect to any restriction, covenant or easement
applicable to this property and that Council will not be held responsible when action
on this consent results in any loss or damage by way of breach of matters relating to
title of the property.
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11.3 DA 15-2804 CHANGE OF USE TO RECREATION FACILITY (INDOOR) -
DANCE STUDIO - LOT 5 DP758374, 12 YOUNG STREET, EAST MAITLAND
RECOMMENDATION: APPROVAL
FILE NO: DA 15-2804
ATTACHMENTS: 1. Locality Plan
2. Development Plans
3. Submissions
RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,
Environment & Lifestyle
David Simm - Manager Development & Environment
Leanne Harris - Development Assessment Coordinator
AUTHOR: Luke Johnson - Town Planner
APPLICANT: Attitude Dance Centre Pty Ltd C/- PlanInk
OWNER: Graham James Donnelly
PROPOSAL: Change of Use to Recreation Facility (Indoor) – Dance
Studio
LOCATION: 12 Young Street, East Maitland
ZONE: B5 Business Development
EXECUTIVE SUMMARY
This application seeks consent to change the use of an existing industrial unit to a
Recreation Facility (Indoor – Dance Studio). The subject site is located within the B5
Business Development zone in accordance with the Maitland LEP 2011 and the use is
permissible with consent. The proposed facility will operate between the following hours
Monday to Friday 9:00am and 9:00pm,
Saturday 9:00am to 3:00pm,
Sunday 9:00am to 3:00pm (maximum 10 times per year).
The site provides for a total of eight (8) car parking spaces of which two (2) are to be
utilised for staff and the remaining six (6) for parents dropping off/picking up their
children.
The development is located within a well-established B5 Business Development zone. with
street parking also available.
There are two toilets within the existing building and a third disabled facility is proposed
as part of this application. The building also provides a kitchenette, office and reception
area. There are five (5) entry/exits into the existing industrial unit. The main entrance is
accessed via the front doors facing Young Street through reception, and each class is
accessed via respective roller doors.
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Noise which is likely to be generated from the use will be from two (2) standard household
stereos and the teachers directing their respective classes.
The application was notified from 11 January to 25 January 2016 and within this time
Council received two (2) submissions. The key issues identified within the submissions
related to excessive noise outside EPA regulations and Local Council zoning, insufficient on
site car parking, the existing condition of Young Street (road surface), potential cumulative
impacts the proposed development will have upon pre-existing traffic issues within the
immediate area including traffic safety concerns and off street car parking issues. These
issues have been appropriately addressed through Council’s assessment. The issues raised
are insufficient grounds to warrant refusal of the application.
An assessment of this application has been undertaken against Section 79C of the
Environmental Planning and Assessment Act 1979 and is considered to be appropriate for
the site for the following reasons;
The proposed recreation facility is a business use that requires a large floor area;
The use is unlikely to generate significant impacts upon adjoining land uses or land
uses within adjoining zones;
The proposed use is permitted with consent within the B5 Business Development
Area and is consistent with the relevant objectives of the zone;
The proposal has been assessed against the requirements of the Maitland
Development Control Plan 2011, specifically Part B Environmental Guidelines, Part C
– Design Guidelines, C.1 Accessible Living, C.6 Outdoor Advertising and C.11 Vehicular
Access and Car Parking.
The proposal provides BCA compliant travel routes and distances for emergency
egress from the studio rooms.
Accordingly, it is recommended that the application for the Recreation Facility (Indoor) –
Dance Studio be approved by Council subject to reasonable and relevant conditions.
OFFICER’S RECOMMENDATION
THAT
1. Development Application No. 15/2804 for a Change of Use to Recreation
Facility (Indoor) - Dance Studio on land located at 12 Young Street, East
Maitland; Lot 5 on DP758374, be approved subject to conditions of consent
set out in the attached schedule.
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PROCEEDINGS IN BRIEF
A motion was moved:
THAT Development Application No. 15/2804 for a Change of Use to Recreation Facility
(Indoor) - Dance Studio on land located at 12 Young Street, East Maitland; Lot 5 on
DP758374, be refused for the following reasons:
1. Insufficient provision of on-site parking to meet the demands of the
development.
2. The proposed use is inconsistent with surrounding residential land uses in this
locality and will create adverse impacts on residential amenity.
3. The proposal is not in the public interest.
Moved Clr S Procter, Seconded Clr P Garnham
The motion when put to the meeting was declared carried.
COUNCIL RESOLUTION
THAT Development Application No. 15/2804 for a Change of Use to Recreation
Facility (Indoor) - Dance Studio on land located at 12 Young Street, East Maitland;
Lot 5 on DP758374, be refused for the following reasons:
4. Insufficient provision of on-site parking to meet the demands of the
development.
5. The proposed use is inconsistent with surrounding residential land uses in
this locality and will create adverse impacts on residential amenity.
6. The proposal is not in the public interest.
Moved Clr S Procter, Seconded Clr P Garnham
CARRIED
The Mayor in accordance with Section 375A of the Local Government Act 1993 called
for a division.
The division resulted in 10 for and 3 against, as follows:
For: Clr P Blackmore Against: Clr R Aitchison
Clr B Burke Clr L Baker
Clr P Garnham Clr H Meskauskas
Clr B Geoghegan
Clr A Humphery
Clr N Penfold
Clr P Penfold
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Clr S Procter
Clr K Wethered
Clr B Whiting
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11.4 DA 15-2300 ADDITIONS & ALTERATIONS TO EXISTING HOTEL - LOT 1
DP617690, 87-91 GEORGE STREET EAST MAITLAND & LOT 12 DP1108212,
78 LAWES STREET EAST MAITLAND
RECOMMENDATION: APPROVAL
FILE NO: DA 15-2300
ATTACHMENTS: 1. Locality Plan
2. Development Plans
3. Submissions
RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,
Environment & Lifestyle
David Simm - Manager Development & Environment
Leanne Harris - Development Assessment Coordinator
AUTHOR: Amanda Wells - Town Planner
APPLICANT: Qito Holdings Pty Ltd
OWNER: Qito Holdings Pty Ltd
PROPOSAL: Additions & Alterations to Existing Hotel
LOCATION: 87-91 George Street East Maitland
78 Lawes Street East Maitland
Lot 1 DP 617690
Lot 12 DP 1108212
ZONE: B2 Local Centre
EXECUTIVE SUMMARY
Development consent is sought for the purpose of additions and alterations to an existing
hotel, The Windsor Castle, located on the corner of George Street and Lawes Street East
Maitland. The subject land is legally described as 87-91 George Street East Maitland Lot 1
DP 617690 and 78 Lawes Street East Maitland Lot 12 DP 1108212 and is located within the
B2 Local Centre zone under the Maitland Local Environmental Plan 2011 (LEP).
Commercial additions and alterations are permissible within the B2 Local Centre with
Council consent and the proposal is consistent with the objectives of the zone.
The proposal includes the removal of the existing drive-thru bottle shop, as well as
internal alterations to create a new dining and function room, new public bar and lounge
areas, new amenities, new gaming room and a new outdoor dining area with a retractable
roof and children’s playground located where the existing bottle shop is located. The
majority of works will take place within the existing building footprint, with the exception
of the new outdoor dining area 370.09m2 and new children’s playground 217.73m2.
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The subject site consists of two parcels of land, with the Hotel and parking on Lot 12 DP
1108212 (4870m2) and additional carparking on Lot 1 DP 617690 (1232m2) with a total
land area of 6012m2. The additions and alterations to the two (2) storey hotel are limited
to the ground floor only.
The proposal was lodged at Council 9 October 2015. The proposal was advertised for a
period of 14 days from 19 October 2015 to 2 November 2015 and one (1) submission was
received. The submission raised issues in relation to:
Impacts to the locality;
Relationship to adjoining land uses;
Social Impacts;
Location, bulk, scale, design of the development;
Egress and ingress;
Traffic; and
Future amenity.
These issues are not considered significant enough to warrant refusal of the proposal.
An assessment of the proposal has been undertaken against Section 79C of the
Environmental Planning and Assessment Act 1979 (NSW) and is considered to be
appropriate for the following reasons:
The proposal is permitted with consent within the B2 Local Centre zone and is
consistent with the relevant objectives of the zone;
The proposed Commercial Additions and Alterations will allow for an improved
internal refurbishment within an existing hotel/pub and is consistent with the
provisions of the B2 zone; and
The proposal has been assessed against the requirements of the Maitland City Wide
Development Control Plan 2011 (MDCP 2011) and assessed against the relevant
heads of consideration pursuant to Section 79C of the Environmental Planning &
Assessment Act 1979 (NSW) and is considered appropriate.
Accordingly, it is recommended that the application for Commercial Additions and
Alterations be approved by Council subject to conditions.
OFFICER’S RECOMMENDATION
That DA15-2300, for Additions and Alterations to Existing Hotel, located at 87-91
George Street East Maitland Lot 1 DP 617690 and 78 Lawes Street East Maitland Lot
12 DP 1108212, be approved subject to conditions of consent set out in the
attached schedule.
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COUNCIL RESOLUTION
That DA15-2300, for Additions and Alterations to Existing Hotel, located at 87-91
George Street East Maitland Lot 1 DP 617690 and 78 Lawes Street East Maitland Lot
12 DP 1108212, be approved subject to conditions of consent set out in the
attached schedule.
Moved Clr B Burke, Seconded Clr P Garnham
CARRIED
The Mayor in accordance with Section 375A of the Local Government Act 1993 called
for a division.
The division resulted in 13 for and 0 against, as follows:
For: Clr R Aitchison Against:
Clr L Baker
Clr P Blackmore
Clr B Burke
Clr P Garnham
Clr B Geoghegan
Clr A Humphery
Clr H Meskauskas
Clr N Penfold
Clr P Penfold
Clr S Procter
Clr K Wethered
Clr B Whiting
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SCHEDULE OF CONDITIONS
Reason for Condition(s)
The following condition(s) have been applied to the development, subject of this consent,
to ensure that the development meets the requirements of the NSW Environmental
Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment
Regulation 2000, and the various policies and development controls of Maitland City
Council and other government agencies relevant to the development being undertaken.
APPROVED PLANS AND DOCUMENTATION
1. The development shall be carried out in accordance with the stamped approved
plans and documentation as detailed in the following schedule and any
amendments arising through conditions to this consent or as shown in red
colour on the plans:
Project. Sheet
No.
Revn
No.
Revision
Date
Prepared by:
(consultant)
Windsor Castle Hotel DA00,
DA02-DA07 B 27/01/15 BROMPTON GROUP
Windsor Castle Hotel DA01 E 27/01/16 BROMPTON GROUP
CONTRIBUTIONS & FEES
2. Pursuant to Section 80A(1) of the Environmental Planning and Assessment Act
1979, and the Maitland S94A Levy Contributions Plan 2006, a contribution of
$11,440 shall be paid to the Council.
The above amount may be adjusted at the time of the actual payment, in
accordance with the provisions of the Maitland City Council S94A Levy
Contributions Plan 2006.
Payment of the above amount shall apply to Development Applications as
follows:
- Building work only - prior to issue of the Construction Certificate.
- Subdivision and building work - prior to the issue of the Construction Certificate, or
Subdivision Certificate, whichever occurs first.
- Where no construction certificate is required - prior to issue of an Occupation
Certificate.
The above "contribution" condition has been applied to ensure that:
i) Where the proposed development results in an increased demand for public amenities
and services, payment towards the cost of providing these facilities/services is made in
accordance with Council's adopted contributions plan prepared in accordance with the
provisions of section 94A of the Environmental Planning and Assessment Act, 1979.
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ii) Council's administration expenses are met with respect to the processing of the
application.
CERTIFICATES
3. The applicant shall submit to Council a “Notice of Commencement” form at
least two (2) days prior to the commencement of construction works.
4. 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.
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 the issue of an Occupation Certificate all conditions of development
consent shall be complied with.
7. Prior to occupation of the building an Occupation Certificate shall be issued by
the Principal Certifying Authority.
8. Prior to issue of the Construction Certificate, a Compliance Certificate under
Section 50 of the Hunter Water Act 1991 for this development, shall be
submitted to the Accredited Certifier.
9. All redundant vehicular crossings and laybacks are to be removed and replaced
with kerb and gutter in accordance with Council’s standards prior to the issue of
an Occupation Certificate. Approval is required in accordance with Section 138
of the Roads Act from Council prior to the commencement of these works.
LANDSCAPING
10. All landscaped areas of the development shall be maintained in accordance
with the approved plans. The landscaped areas shall be kept free of parked
vehicles, stored goods, waste material, and the like.
AMENITY
11. Lighting shall be designed so that there is no light overspill onto adjoining
residential properties, while ensuring adequate lighting for security purposes.
DEMOLITION
12. All demolition works are to be carried out in accordance with Australian
Standard AS 2601-2001.
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13. Where any demolition, alteration or renovation works encounter asbestos or
products containing asbestos, then the materials encountered shall be
managed in accordance with the provisions of the NSW Work Cover Authority.
LOADING AREAS
14. All deliveries must occur within the designated Loading Zone between the
nominated times.
CARPARKING
15. Car parking for the development shall be provided in accordance with the
approved plans, with a minimum allocation for the development of 94 spaces,
including 3 disabled spaces.
16. All parking bays shall be delineated with line-marking and/or signposting.
17. An “Entry Only” and a “No Exit” sign shall be installed on the Lawes Street
entrance as per the submitted plans prior to the issue of the Occupation
Certificate.
18. An “Entry” and an “Exit” sign shall be installed on George Street as per the
submitted plans prior to the issue of the Occupation Certificate.
19. Direction arrows shall be painted onto the surface of the car park, as per the
submitted plans, to aid in traffic flow.
20. No car parking spaces are to be used for the storage of building materials and
waste.
NOISE
21. The retractable roof shall be closed at 10:00pm each night.
22. Live bands shall not be located within the outdoor dining area.
23. The LA10 noise level emitted from any portion of the premises shall not exceed
the background noise level in any Octave Band Centre Frequency (31.5Hz-8kHz
inclusive) by more than 5dB between 07:00am and 12:00 midnight at the
boundary of any affected residence.
The LA10 noise level emitted from any portion of the premises shall not exceed
the background noise level in any Octave Band Centre Frequency (31.5 Hz-8kHz
inclusive) between 12:00 midnight and 7:00am at the boundary of any affected
residence.
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Notwithstanding compliance with the above, the noise emitted from any
portion of the premises shall not be audible within any habitable room in any
residential premises between the hours of 12:00 midnight and 7:00am.
Note: for the purposes of this condition the LA10 can be taken as the average
maximum deflection of the noise emission from the premises.
STORMWATER DRAINAGE
24. All storm water generated from the proposed work is to be disposed of by a
drainage system to Council's drainage network on George Street. A drainage
design indicating all engineering details relevant to collection and disposal of
roof water and stormwater from the site is to be submitted to and approved by
the PCA prior to the issue of a Construction Certificate. Details are to include
existing site levels, finished levels, pipeline sizes and grading’s. All of the above
works are to be carried out prior to the issue of an Occupation Certificate.
SERVICES & EQUIPMENT
25. Upon completion of the building BUT prior to its occupation, a Final Fire Safety
Certificate with respect to each critical and essential fire safety measure
installed in the building shall be submitted to Council. Such certificates shall be
prepared in accordance with Division 4 of Part 9 of the Environmental Planning
and Assessment Regulation, 2000.
26. A copy of the Fire Safety Schedule and Fire Safety Certificate shall be
prominently displayed in the building in accordance with Division 4 of Part 9 of
the Environmental Planning and Assessment Regulation 2000.
27. A Fire Safety Statement in respect of each required essential and/or critical fire
safety measure installed within the building shall be submitted to Council and
the NSW Fire Commissioner annually (or at a more frequent interval for
supplementary statements).
Statements shall be prepared and issued in accordance with Division 5 of Part 9
of the Environmental Planning and Assessment Regulation, 2000. Note that
monetary penalties may apply for failure to lodge a fire safety statement within
the prescribed timeframe.
Statements to the NSW Fire Commissioner are to be submitted electronically to
Standard forms and further information for lodging Fire Safety Statements may
be downloaded from Councils website.
28. Upon completion of the building but prior to its occupation, a Final Fire Safety
Certificate with respect to each critical and essential fire safety measure
installed in the building is to be provided. Such certificate(s) are to be in
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accordance with Division 4 of Part 9 of the Environmental Planning and
Assessment Regulation, 2000.
SITE CONSIDERATIONS
29. All excavations and backfilling must be executed safely, in accordance with
appropriate professional standards and be properly guarded and protected to
prevent them from being dangerous to life or property.
30. 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.
31. If the work:
i) is likely to cause pedestrian or vehicular traffic in a public place to be
obstructed or rendered inconvenient, or
ii) involves the enclosure of a public place
a hoarding or fence must be erected between the work site and the public
place.
If necessary, an awning is to be erected, sufficient to prevent any substance
from, or in connection with, the work falling into the public place.
The work site must be kept lit between sunset and sunrise if it is likely to be
hazardous to persons in the public place. Any such hoarding, fence or awning
is to be removed when the work has been completed.
HOURS OF WORK
32. 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.
GENERAL
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33. All building work must be carried out in accordance with the provisions of the
Building Code of Australia.
34. Rubbish generated from the development is to be suitably contained on site at
all times. No rubbish shall be stockpiled in a manner which facilitates the
rubbish to be blown off site.
AT THE COMPLETION OF WORKS
35. The site is to be cleared of all building refuse and spoil immediately after
completion of the building/structure.
ADVICES
A. It is the Applicant's responsibility to ensure compliance with any applicable
requirements of the Federal Disability Discrimination Act, 1992 (DDA) and it
should be noted that compliance with the Building Code of Australia may not
necessarily meet the requirements of the DDA.
B. The use of any building/s associated with this development consent shall not be
changed from the BCA classification approved of to that of another BCA
classification unless the change of use has been approved under the
Environmental Planning and Assessment Act, 1979.
C. The owner should note that the issue of this development consent does not
amount to a release, variation or modification by Council of any covenant
applicable to this property and that any action taken by the applicant in
accordance with the consent which results in any loss or damage by way of
breach of the covenant will not be the responsibility of Council.
D. You are advised that any proposed advertising signs are subject to a separate
Development Application to Council.
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11.5 DA 03-3475 S96 (1)(A) AMENDMENT TO DESIGN AND LOCATION OF
CABINS AND CLUBHOUSE FOR ACCOMMODATION LODGE AND TENNIS
COURTS - LOT 201 DP711193, 28 RAWORTH AVENUE, RAWORTH
RECOMMENDATION: APPROVAL
FILE NO: DA 03-3475
ATTACHMENTS: 1. Locality Plan
2. Development Plans
3. Submissions
RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,
Environment & Lifestyle
David Simm - Manager Development & Environment
Leanne Harris - Development Assessment Coordinator
AUTHOR: Alisa-Jane Evans - Town Planner
APPLICANT: Hilltop Planners Pty Ltd
OWNER: Park & Shop Pty Ltd
PROPOSAL: S96 (1)(A) Amendment to design and location of cabins
and clubhouse for Accommodation Lodge, Clubhouse,
Tennis Courts and Carpark
LOCATION: Lot 201 DP 711193 28 Raworth Avenue Raworth
ZONE: R1 General Residential
EXECUTIVE SUMMARY
Council granted consent on 9 December 2003 for an Accommodation Lodge (12 x 2
Bedroom Cabin), Clubhouse, Tennis Courts and Car Park at Taylors Tennis Academy at Lot
201 DP 711193 28 Raworth Avenue Raworth. A Section 96 (1)(A) application has been
lodged to amend the following:
Amend the design of cabins and reduce the number of self-contained cabins to 8 in total
being 6 x 2 bedroom and 2 x 1 bedroom cabins;
Amend location of cabins;
Amend design and location of clubhouse; and
Removal of trees and new landscaping plan; and
Deletion of additional tennis court.
At the time of the original approval the use was defined as a Recreational Facility which
was a permissible form of development in 6(b) Private Recreation Zone with Council
consent under the Maitland Local Environmental Plan 1993 which applied at time of
lodgment of the original application. The subject land is now zoned R1 General Residential
under Maitland Local Environmental 2011.
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The application was notified for a period of fourteen (14) days between 20 August 2015
and 3 September 2015. During this time four (4) submissions were received raising
concerns primarily with noise, traffic, landscaping, existing operation and stormwater.
The issues raised are addressed in the body of this report, however, it is considered that
the issues are not sufficient to warrant refusal of the application.
The application has been assessed against the requirements of Section 79C of the
Environmental Planning and Assessment Act 1979 and is considered satisfactory.
Accordingly, it is recommended that the application be approved subject to amended
conditions.
OFFICER’S RECOMMENDATION
THAT DA 03-3475 Section 96 (1)(A) to amend the location and design of 6 x 2
bedroom, 2 x 1 self-contained cabins and Clubhouse at Lot 201 DP 711193 28
Raworth Avenue Raworth be approved subject to conditions of consent in the
attached schedule.
PROCEEDINGS IN BRIEF
A motion was moved
THAT DA 03-3475 Section 96 (1)(A) to amend the location and design of 6 x 2 bedroom, 2
x 1 self-contained cabins and Clubhouse at Lot 201 DP 711193 28 Raworth Avenue
Raworth be approved subject to conditions of consent in the attached schedule.
Moved Clr B Geoghegan, Seconded R Aitchison
An amendment was moved:
THAT the item be deferred to hold an on-site inspection and a report bought back to
Council in one (1) month.
Moved Clr S Procter, Seconded Clr B Burke
The amendment when put to the meeting was carried and on becoming the motion was
also declared carried.
COUNCIL RESOLUTION
THAT the item be deferred to hold an on-site inspection and a report bought back
to Council in one (1) month.
Moved Clr S Procter, Seconded Clr B Burke
CARRIED
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The Mayor in accordance with Section 375A of the Local Government Act 1993 called
for a division.
The division resulted in 13 for and 0 against, as follows:
For: Clr R Aitchison Against:
Clr L Baker
Clr P Blackmore
Clr B Burke
Clr P Garnham
Clr B Geoghegan
Clr A Humphery
Clr H Meskauskas
Clr N Penfold
Clr P Penfold
Clr S Procter
Clr K Wethered
Clr B Whiting
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SCHEDULE OF CONDITIONS
Reason for Condition(s)
The following condition(s) have been applied to the development, subject of this consent,
to ensure that the development meets the requirements of the NSW Environmental
Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment
Regulation 2000, and the various policies and development controls of Maitland City
Council and other government agencies relevant to the development being undertaken.
Delete Conditions No. 104 to 207
Stage 3 & 4
Additional Condition No. 208
The development shall be carried out in accordance with the stamped approved
plans and documentation as detailed in the following schedule and any
amendments arising through conditions to this consent or as shown in red
colour on the plans:
Plan Ref No. Sheet
No.
Revn
No.
Revision
Date
Prepared by:
(consultant)
HTP-201504 1 to 6 D 27/01/2016 Hoover Group
Landscaping
Plan 1 to 3 of 3 - 20/10/2015 Hoover Group
Additional Condition No.209
The applicant shall submit to Council a “Notice of Commencement” form at
least two (2) days prior to the commencement of construction works.
Additional Condition No. 210
Prior to the commencement of works an application for a Construction
Certificate shall be submitted to, and be approved by, the Accredited Certifier.
Additional Condition No. 211
Prior to the issue of an Occupation Certificate all conditions of development
consent shall be complied with.
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Additional Condition No. 212
Prior to occupation of the building an Occupation Certificate shall be issued by
the Principal Certifying Authority.
Additional Condition No. 213
Prior to issue of the Construction Certificate, a Compliance Certificate under
Section 50 of the Hunter Water Act 1991 for this development, shall be
submitted to the Accredited Certifier.
Additional Condition No. 214
All landscaped areas of the development shall be maintained in accordance
with the approved landscape plan. The landscaped areas shall be kept free of
parked vehicles, stored goods, waste material, and the like.
Additional Condition No. 215
All noise from the premise is to cease at 10.00pm. A site manager is to be
available for reporting of any noise incidences from 10.00pm to 7.00am and
signage is to be erected which states the contact number for the site manager.
Additional Condition No. 216
All driveways, parking areas and vehicles turning areas shall be constructed
with a segmental paver surface (on a concrete sub-base), or as reinforced
concrete.
Additional Condition No. 217
All parking bays shall be delineated with line-marking and/or signposting.
Additional Condition No. 218
Prior to Occupation or Operation of the development, a Stormwater System
Maintenance Procedure Plan shall be prepared by an engineer, detailing a regular
maintenance programme for pollution control devices, covering inspection,
cleaning and waste disposal, a copy of which shall be supplied to the
owner/operator and to Maitland City Council for supply of future owners as
needed.
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Maitland City Council | Ordinary Meeting Minutes P35
Additional Condition No. 219
Prior to issue of the Occupation Certificate, the self-contain cabins and
communal hall will be connected to the stormwater-control system in
accordance with the approved stormwater drainage plan. A qualified engineer
shall supply written certification to the PCA and Council that the constructed
system including detention volume and discharge rates achieve the consent
requirements for detention.
Additional Condition No. 220
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”.
Additional Condition No. 221
All building work shall be carried out in accordance with the provisions of the
Building Code of Australia.
Additional Condition No. 222
All excavations and backfilling shall be executed safely, in accordance with
appropriate professional standards and shall be properly guarded and
protected to prevent the works from being dangerous to life or property.
Additional Condition No. 223
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.
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P36
Additional Condition No. 224
Upon completion of the building BUT prior to its occupation, a Final Fire Safety
Certificate with respect to each critical and essential fire safety measure
installed in the building shall be submitted to Council. Such certificates shall be
prepared in accordance with Division 4 of Part 9 of the Environmental Planning
and Assessment Regulation, 2000.
Additional Condition No. 225
A copy of the Fire Safety Schedule and Fire Safety Certificate shall be
prominently displayed in the building in accordance with Division 4 of Part 9 of
the Environmental Planning and Assessment Regulation 2000.
Additional Condition No. 226
A Fire Safety Statement in respect of each required essential and/or critical fire
safety measure installed within the building shall be submitted to Council and
the NSW Fire Commissioner annually (or at a more frequent interval for
supplementary statements).
Statements shall be prepared and issued in accordance with Division 5 of
Part 9 of the Environmental Planning and Assessment Regulation, 2000. Note
that monetary penalties may apply for failure to lodge a fire safety statement
within the prescribed timeframe.
Statements to the NSW Fire Commissioner are to be submitted electronically
Standard forms and further information for lodging Fire Safety Statements
may be downloaded from Councils website.
Additional Condition No. 227
All excavated and/or filled areas are to be retained or battered and suitably
drained so as to prevent any subsidence of the area and constructed so as to
deny any flow of water into or around the building or neighbouring buildings or
onto neighbouring land.
Where a retaining wall is planned for this purpose and such wall requires
consent (refer to State Environmental Planning Policy -Exempt and Complying
Development Codes, 2008) plans and specifications of the wall shall be
approved by Council and/or an accredited certifier.
Note: The submission of a separate Development Application is not required for a
retaining wall associated with this approval and indicated on the approved plans.
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P37
Additional Condition No. 228
If an excavation extends below the level of the base of the footings of a
building/structure on an adjoining allotment of land, the person causing the
excavation to be made.
i) Must preserve and protect the building/structure from damage, and
ii) If necessary, must underpin and support the building/structure in an
approved manner, and
iii) Must, at least 7 days before excavating below the level of the base of
the footings of a building/structure on an adjoining allotment of land,
give notice of intention to do so to the owner of the adjoining
allotment of land and furnish particulars of the excavation to the
owner of the building/structure being erected or demolished.
The owner of the adjoining allotment of land is not liable for any part of the
cost of work carried out for the purposes of this condition, whether carried
out on the allotment of land being excavated or on the adjoining allotment of
land. (Includes a public road and any other public place).
Additional Condition No. 229
Rubbish generated from the development is to be suitably contained on site at
all times. No rubbish shall be stockpiled in a manner which facilitates the
rubbish to be blown off site.
Additional Condition No. 230
If the work:
i) is likely to cause pedestrian or vehicular traffic in a public place to be
obstructed or rendered inconvenient, or
ii) involves the enclosure of a public place
a hoarding or fence must be erected between the work site and the public
place.
If necessary, an awning is to be erected, sufficient to prevent any substance
from, or in connection with, the work falling into the public place.
The work site must be kept lit between sunset and sunrise if it is likely to be
hazardous to persons in the public place. Any such hoarding, fence or awning
is to be removed when the work has been completed.
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P38
Additional Condition No. 231
A sign must be erected in a prominent position on the work:
i) stating that unauthorised entry to work site is prohibited, and
ii) showing the name of the person in charge of the work site and a
telephone number at which that person may be contacted during
work hours.
Any such sign is to be removed when the work has been completed.
Note: This condition does not apply to:
i) building work carried out inside an existing building, or
ii) building work carried out on premises that are to be occupied
continuously (both during and outside working hours) while the work is
being carried out.
Additional Condition No. 232
Approved toilet facilities are to be provided, at or in the vicinity of the work site
at the rate of one toilet for every 20 persons or part of 20 persons employed at
the site. The provision of toilet facilities in accordance with this Clause must be
completed before any other work is commenced.
Additional Condition No. 233
The site is to be cleared of all building refuse and spoil immediately after
completion of the building/structure.
No building materials, refuse or spoil is to be deposited on or be allowed to
remain on Council's footpath.
Suitable and adequate measures are to be applied to restrict public access to
the site and building works, materials and equipment.
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Maitland City Council | Ordinary Meeting Minutes P39
ADVICES
A You are advised that in regard to potential soil erosion from the construction
site, such pollution of the environment is an offence under the Protection of
the Environment & Operations (POEO) Act and may incur infringement fines.
B You (or the owner) are advised to notify Council in writing, of any existing
damage to the street infrastructure (including landscaping) along the frontage
of the property, prior to commencement of construction. The absence of such
notification signifies that no damage exists. Where necessary repairs are
carried out by Council, the owner of the property shall be held liable for the
cost of those repairs.
C 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.
D You are advised that, prior to pouring of internal concrete driveways and
kerbs, which act as surface depression storage for the stormwater detention,
(and/or surfaces which divert runoff to those storage areas), levels should be
confirmed, by survey, on formwork and control marks.
E You are advised that the issue of this development consent does not amount
to a release, variation or modification by Council of any covenant or easement
applicable to this property and that Council will not be held responsible when
action on this consent results in any loss or damage by way of breach of
matters relating to title of the property.
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P40
11.6 VOLUNTARY HOUSE RAISING GRANT SCHEME - GRANT ACCEPTANCE
FILE NO: 103/64/5
ATTACHMENTS: 1. Guidelines for Voluntary House Raising
Schemes
RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,
Environment & Lifestyle
AUTHOR: Ian Shillington - Manager Urban Growth
MAITLAND +10 Outcome 9. Our local rivers and floodplains
COUNCIL OBJECTIVE: 9.2.1 To increase activity and utilisation of the
floodplain, consistent with the flood risk
EXECUTIVE SUMMARY
Council was notified on 2 December 2015 that it was successful in gaining access to the
Voluntary House Raising (VHR) pool as part of the VHR scheme administered by the NSW
Office of Environment and Heritage (OEH). Access to the scheme funds is dependent on
Council preparing an approved work plan and Council being committed to a three year
funding agreement that is to be signed with OEH. The scheme is part of the NSW
Floodplain Management Program and aims to reduce the frequency of exposure to flood
damage of the house and its contents in areas vulnerable to flooding. Access to the
scheme would be valid for a three year period from 2015/16 to 2017/18.
There are a number of properties that may be eligible to participate in such a scheme,
including in the areas of East Maitland, Central Maitland, Lochinvar and Telarah. Recent
flood events in April 2015 and January 2016 may potentially increase participation in such
a scheme. The report recommends that Council accept the offer to access funds as part of
the VHR scheme.
The report also recommends that Council publicise the scheme in the local media,
including advertising for applications to be involved in the scheme. While Council is
responsible for administration of the scheme, costs for the house raising would be met
with one third contribution by approved applicants and the remaining two thirds by the
State Government.
OFFICER’S RECOMMENDATION
THAT
1. Council accept the offer by the State Government to participate in the NSW
2015-16 Floodplain Management Program Voluntary house raising (VHR)
scheme for a three year period.
2. Council advertise the VHR scheme in the media and invite applications from
eligible property owners to participate in the scheme.
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P41
COUNCIL RESOLUTION
THAT
1. Council accept the offer by the State Government to participate in the NSW
2015-16 Floodplain Management Program Voluntary house raising (VHR)
scheme for a three year period.
2. Council advertise the VHR scheme in the media and invite applications from
eligible property owners to participate in the scheme.
Moved Clr P Garnham, Seconded Clr B Whiting
CARRIED
The Mayor in accordance with Section 375A of the Local Government Act 1993 called
for a division.
The division resulted in 13 for and 0 against, as follows:
For: Clr R Aitchison Against:
Clr L Baker
Clr P Blackmore
Clr B Burke
Clr P Garnham
Clr B Geoghegan
Clr A Humphery
Clr H Meskauskas
Clr N Penfold
Clr P Penfold
Clr S Procter
Clr K Wethered
Clr B Whiting
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P42
11.7 TEMPORARY SUSPENSION OF THE ALCOHOL FREE ZONE WITHIN THE
LEVEE SHARED ZONE FOR THE MAITLAND TASTE FESTIVAL 2016
FILE NO: 150/11
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,
Environment & Lifestyle
Lynn Morton - Manager Community and Recreation
Services
AUTHOR: Mary Dallow - Community Planning Coordinator
MAITLAND +10 Outcome 3. Iconic events and local festivals
COUNCIL OBJECTIVE: 3.1.1 To create an economic, social and cultural
benefit to the community through the presentation
of a series of sustainable flagship events
EXECUTIVE SUMMARY
Council has received an application from Marketing and Communications to temporarily
suspend the Alcohol Free Zone in The Levee Shared Zone between Elgin Street and Bourke
Street, Bulwer Street north of the Maitland Leagues Club car park entrance and Dransfield
Lane.
Times of proposed suspension are:
Saturday 12 March 2016, 10.00am – 5.00pm, and
Sunday 13 March 2016, 10.00am – 4.00pm.
The proposal was placed on public exhibition but attracted no comments.
OFFICER’S RECOMMENDATION
THAT
1. That the Alcohol Free Zone in the following location be suspended:
The Levee Shared Zone between Elgin Street and Bourke Street, Bulwer
Street north of the Maitland Leagues Club car park entrance and Dransfield
Lane
2. The period of suspension be restricted to:
Saturday 12 March 2016, 10.00am – 5.00pm, and
Sunday 13 March 2016, 10.00am – 4.00pm.
3. The cost of covering and uncovering the signs is to be met by the applicant.
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P43
COUNCIL RESOLUTION
THAT
1. That the Alcohol Free Zone in the following location be suspended:
The Levee Shared Zone between Elgin Street and Bourke Street, Bulwer
Street north of the Maitland Leagues Club car park entrance and Dransfield
Lane
2. The period of suspension be restricted to:
Saturday 12 March 2016, 10.00am – 5.00pm, and
Sunday 13 March 2016, 10.00am – 4.00pm.
3. The cost of covering and uncovering the signs is to be met by the applicant.
Moved Clr P Garnham, Seconded Clr A Humphery
CARRIED
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P44
11.8 NAMING OF LANE 7 WITHIN MAITLAND AQUATICS FACILITY
FILE NO: 12/58
ATTACHMENTS: 1. Application to Name Building, Park or
Reserve
2. Letter of Support - Jo Horder
3. Letter of Support - Maitland Swimming Club
RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,
Environment & Lifestyle
Lynn Morton - Manager Community and Recreation
Services
AUTHOR: Kate Harris - Recreation Planning Coordinator
MAITLAND +10 Outcome 2. Community and recreation services and
facilities
COUNCIL OBJECTIVE: 2.1.3 To manage and enhance Maitland's aquatic
facilities
EXECUTIVE SUMMARY
In line with Council’s Naming and Renaming of Buildings, Parks & Reserves Policy, an
application has been received to name Lane 7 within Maitland Aquatics Centre after Mrs
Lorraine Horder, who had strong ties with Maitland Swimming Club and the aquatics
facility generally. The purpose of this report is to discuss the application received.
OFFICER’S RECOMMENDATION
THAT
1. Lane 7 within Maitland Aquatics Facility be named ‘Lorraine Horder’
2. A small naming ceremony be held at Maitland Aquatics Centre on 28
February 2016
3. The naming application be forwarded to the NSW Geographic Names Board
for their information only
COUNCIL RESOLUTION
THAT
1. Lane 7 within Maitland Aquatics Facility be named ‘Lorraine Horder’
2. A small naming ceremony be held at Maitland Aquatics Centre on 28
February 2016
3. The naming application be forwarded to the NSW Geographic Names Board
for their information only
Moved Clr H Meskauskas, Seconded Clr B Burke
CARRIED
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P45
11.9 SAFER STREETS PROGRAMME 2015-16 TO 2017-18
FILE NO: 29/31
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,
Environment & Lifestyle
Lynn Morton - Manager Community and Recreation
Services
Mary Dallow - Community Planning Coordinator
AUTHOR: April Phillips - Community Planner - Capacity Building,
Planning Environment & Lifestyle
MAITLAND +10 Outcome 1. Sense of place and pride
COUNCIL OBJECTIVE: 1.4.1 To establish and maintain a city environment
where people feel safe and connected
EXECUTIVE SUMMARY
This report provides key information on the Attorney-General’s Department Safer Streets
Programme 2015-16 to 2017-18 including the criteria and supporting evidence required
for application submissions.
Comparison of crime trends for the Maitland Local Government Area (LGA) and Hunter
region is presented within the context of the Closed Circuit Television (CCTV) proposal for
The Levee Precinct and the Rutherford Commercial Precinct. The types of crime which
have been included are; Assault (non-domestic violence related), robbery, theft and
malicious damage to property.
Essential requirements of CCTV are outlined and alternative strategies for an integrated
crime prevention approach are addressed.
Recommendations have been provided based on the specified crime data which is
trending down, and the supported evidence for a holistic, integrated approach to crime
prevention and community safety within the Maitland LGA, rather than a focus on CCTV
alone.
OFFICER’S RECOMMENDATION
THAT
1. Council does not submit an application for the Safer Streets Programme
2015-16 to 2017-18, as statistical data recorded by the Bureau of Crime
Statistics and Research (BOCSAR) demonstrates a five (5) year downward and
stable trend in the incidents of crime in Maitland.
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Maitland City Council | Ordinary Meeting Minutes P46
2. Council engage a suitably qualified and experienced consultant to advise
Council on the most appropriate measures for The Levee, Rutherford and
East Maitland in terms of crime prevention, the use of CCTV or alternative
tools.
3. The sum of $25,000 be listed for consideration in the forming of the 2016/17
Operational Plan to engage a suitably qualified consultant to advise Council
on the most appropriate crime prevention measures, the use of CCTV or
alternative tools for The Levee, Rutherford and East Maitland commercial
precincts.
COUNCIL RESOLUTION
THAT
1. Council does not submit an application for the Safer Streets Programme
2015-16 to 2017-18, as statistical data recorded by the Bureau of Crime
Statistics and Research (BOCSAR) demonstrates a five (5) year downward and
stable trend in the incidents of crime in Maitland.
2. Council engage a suitably qualified and experienced consultant to advise
Council on the most appropriate measures for The Levee, Rutherford and
East Maitland in terms of crime prevention, the use of CCTV or alternative
tools.
3. The sum of $25,000 be listed for consideration in the forming of the 2016/17
Operational Plan to engage a suitably qualified consultant to advise Council
on the most appropriate crime prevention measures, the use of CCTV or
alternative tools for The Levee, Rutherford and East Maitland commercial
precincts.
Moved Clr B Geoghegan, Seconded Clr L Baker
CARRIED
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P47
11.10 REGIONAL LIBRARY COLLABORATION - MEMORANDUM OF
UNDERSTANDING
FILE NO: 86/20
ATTACHMENTS: 1. NSW Public Libraries Association Central
East Zone - Memorandum of Understanding -
Regional Collaboration
RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,
Environment & Lifestyle
Lynn Morton - Manager Community and Recreation
Services
AUTHOR: Keryl Collard - City Librarian
MAITLAND +10 Outcome 2. Community and recreation services and
facilities
COUNCIL OBJECTIVE: 2.2.2 To ensure library services and programs respond
to changes in needs and expectations of the
community
EXECUTIVE SUMMARY
The purpose of this report is to seek endorsement of a draft Memorandum of
Understanding in relation to regional collaboration between member Councils of the NSW
Public Libraries Association Central East Zone. The Memorandum of Understanding
provides a framework within which projects may be carried out between public libraries in
the Hunter and Central Coast region.
OFFICER’S RECOMMENDATION
THAT
1. The draft Memorandum of Understanding in relation to Regional
Collaboration between Hunter and Central Coast Libraries is endorsed.
COUNCIL RESOLUTION
THAT
1. The draft Memorandum of Understanding in relation to Regional
Collaboration between Hunter and Central Coast Libraries is endorsed.
Moved Clr R Aitchison, Seconded Clr L Baker
CARRIED
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P48
11.11 MAITLAND TASTE FESTIVAL 2016
FILE NO: 35/21/11
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,
Environment & Lifestyle
Rachel MacLucas - Manager Marketing and
Communications
AUTHOR: Adam Franks - Coordinator Events
MAITLAND +10 Outcome 3. Iconic events and local festivals
COUNCIL OBJECTIVE: 3.1.1 To create an economic, social and cultural
benefit to the community through the presentation
of a series of sustainable flagship events
EXECUTIVE SUMMARY
Maitland Taste has been held annually in Central Maitland since 2009 and is now a key
feature of the city’s annual flagship events program.
The event was created to provide the community with an opportunity to celebrate, as a
driver for visitation, to generate awareness of the product offering in Central Maitland
and to provide an economic injection into the city.
In 2015 Taste was rebranded into a more contemporary, interactive and strongly themed
event with a focus on pop up spaces, cooking demonstrations and interactive displays,
laneway activations, street art installations, entertainment and more to tie into the
redevelopment of The Levee into a lifestyle precinct.
To assist the rebrand and supplement the reduction in the capacity to generate income
through stalls due to the changed layout of The Levee, Council allocated $50,000 to the
event in 2015.
The council report for Taste 2015 highlighted that a reduced funding amount would be
sought for the 2016 event and that by 2017 the event would be self-funding (excluding the
marketing contribution from the marketing levy).
OFFICER’S RECOMMENDATION
THAT
1. Council contributes a funding allocation of $25,000 to Maitland Taste 2016 with
aim of it becoming self-funding in the future (excluding the marketing contribution from the marketing levy).
2. The $25,000 allocation be made available from the 2015/16 budget with the funding source to be determined through the next quarterly budget review.
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P49
COUNCIL RESOLUTION
THAT
1. Council contributes a funding allocation of $25,000 to Maitland Taste 2016 with
aim of it becoming self-funding in the future (excluding the marketing contribution from the marketing levy).
2. The $25,000 allocation be made available from the 2015/16 budget with the funding source to be determined through the next quarterly budget review.
Moved Clr P Garnham, Seconded Clr B Whiting
CARRIED
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P50
12 INFRASTRUCTURE AND WORKS REPORTS
12.1 CHRISTOPHER ROAD, LOCHINVAR - ROAD STATUS
FILE NO: 222/111
ATTACHMENTS: 1. Christopher Road, Lochinvar locality plan
RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works
AUTHOR: Kevin Stein - Manager Infrastructure Design
MAITLAND +10 Outcome 5. Moving around our City
COUNCIL OBJECTIVE: 5.1.2 To improve the safety, quality and amenity of
local roads through increased road reconstruction,
resurfacing and line marking programs
EXECUTIVE SUMMARY
Christopher Road, Lochinvar, east of Winders Lane, is considered a private road and not
maintained by Council. Recent storms have eroded the road pavement requiring
maintenance to be undertaken. Adjoining owners are seeking Council to dedicate the
road as a public road and maintain this section of road.
OFFICER’S RECOMMENDATION
THAT
1. Council dedicate Christopher Road east of Winders Lane to the eastern
boundary of Lot 1422 DP1204088 as a public road.
COUNCIL RESOLUTION
THAT
1. Council dedicate Christopher Road east of Winders Lane to the eastern
boundary of Lot 1422 DP1204088 as a public road.
Moved Clr B Whiting, Seconded Clr H Meskauskas
CARRIED
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P51
12.2 OAKHAMPTON HEIGHTS
FILE NO: 103/72; 57/4; 222/571
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works
AUTHOR: Chris James - Group Manager Infrastructure & Works
MAITLAND +10 Outcome 4. Well-planned and integrated
infrastructure
COUNCIL OBJECTIVE: 4.2.1 To ensure that long term plans for growth are
supported by appropriate infrastructure plans for
public utilities, transport, and community and
recreation facilities
EXECUTIVE SUMMARY
Council has been contacted by a number of residents from Oakhampton Heights regarding
property access during the recent flood event and the impact the resultant access
constraints have on their personal welfare and amenity.
The purpose of this report is to provide Council with:
summary of residents’ concerns
background information on the development
current subdivision flood access provisions
roles and responsibilities of the SES and Council during a flood event
reasons for decisions and recommendations for Council to consider.
This matter will be the subject of a further report to Council when an agreed way forward
has been developed. In the meantime, the current access arrangements will remain in
place.
OFFICER’S RECOMMENDATION
THAT
1. A report be prepared for the consideration of Council detailing the suitable
options for the provision of access to Oakhampton Heights in time of flood;
2. A Council briefing be held on flood access across the Maitland LGA.
COUNCIL RESOLUTION
THAT
1. A report be prepared for the consideration of Council detailing the suitable
options for the provision of access to Oakhampton Heights in time of flood;
2. A Council briefing be held on flood access across the Maitland LGA.
Moved Clr P Penfold, Seconded Clr S Procter
CARRIED
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P52
12.3 KIAH ROAD BRIDGE OVER RAIL CORRIDOR, GILLIESTON HEIGHTS -
REQUEST REGARDING OWNERSHIP AND MAINTENANCE
FILE NO: 122/940/2
ATTACHMENTS: 1. Letter from SMR requesting repair,
maintenance and ownership by MCC
2. Structural Engineers Report for Kiah Road
Bridge
3. Kiah Road Bridge location shot
4. Kiah Road Bridge Locality Plan
RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works
AUTHOR: Chris McGrath - Manager Infrastructure Strategy &
Works Programming
MAITLAND +10 Outcome 5. Moving around our City
COUNCIL OBJECTIVE: 5.1.4 To provide safe and effective transport
infrastructure
EXECUTIVE SUMMARY
South Maitland Railways Pty Limited (SMR) claim that:
The increase in the use of the Kiah Road Bridge has seen SMR burdened with an increased
financial responsibility and exposure to risk. South Maitland Railways considers these
burdens unfair given that:
The main purpose of the bridge is to provide access for a public road owned by Council
SMR has little to no say in the approval of developments
South Maitland Railways formally requests that the bridge repair and maintenance costs
be borne by Council with ownership ultimately ceded to Council.
Council should not accept ownership of the bridge as it the responsibility of all rail
corridor owners to provide safe access across their rail lines, whether by low level
crossing, road over rail bridges or rail over road bridges. Access enables the rail corridor
owners to safely conduct their business while satisfying the right of property owners to
access their land.
While ownership should not be ceded to Council, there are circumstances where
contribution to the upkeep of access is reasonable. Such a circumstance is the increased
use of a bridge due to development.
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P53
Attached is a Structural Engineers Report by Barker Harle Consulting Engineers,
commissioned by SMR. The report details minor works of $65,000 over five years.
Therefore, a 50% contribution totaling $32,500 or $6,500 annualised over the next five
years is reasonable and should be considered in future capital works programs.
OFFICER’S RECOMMENDATION
THAT
1. The request by South Maitland Railways Pty Limited for the ownership of
Kiah Road Bridge to be ceded to Council be rejected, and
2. A 50% contribution totaling $32,500, or $6,500 annualised over the next five
years, be considered in future capital works programs.
COUNCIL RESOLUTION
THAT
1. The request by South Maitland Railways Pty Limited for the ownership of
Kiah Road Bridge to be ceded to Council be rejected, and
2. A 50% contribution totaling $32,500, or $6,500 annualised over the next five
years, be considered in future capital works programs.
Moved Clr S Procter, Seconded Clr L Baker
CARRIED
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P54
12.4 THE MAITLAND TASTE: FOOD, WINE & MUSIC FESTIVAL 2016 -
TEMPORARY ROAD CLOSURES
FILE NO: 140/5
ATTACHMENTS: 1. Traffic Control Plan - Maitland Taste 2016
RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works
Stephen Hawes - Manager Infrastructure Planning
and Development Engineering
Scott Henderson - Coordinator Infrastructure
Planning Engineering
AUTHOR: Kenneth Splatt - Traffic Officer
MAITLAND +10 Outcome 3. Iconic events and local festivals
COUNCIL OBJECTIVE: 3.1.1 To create an economic, social and cultural
benefit to the community through the presentation
of a series of sustainable flagship events
EXECUTIVE SUMMARY
The Maitland Taste: Food, Wine & Music Festival is planned to be held in “The Levee’ on the
weekend of 12-13 March 2016, featuring cooking demonstrations, wine education
sessions, and music. This festival has become a popular attraction for tourism in
Maitland.
To facilitate the safe and effective management of this event, the organisers have
requested approval to temporarily close High Street, Maitland, from Elgin Street to Bourke
Street, and part of Bulwer Street. These temporary road closures will enable the stall
setup and facilitate safe pedestrian movements in this precinct for the duration of the
festival.
OFFICER’S RECOMMENDATION
THAT the following temporary road closures for the ‘Maitland Taste’ Food, Wine
and Music Festival special event be approved:
1. From 6.00am Friday, 11 March to 7.00am Monday, 14 March 2016:
High Street - between Elgin Street and Bourke Street;
Bulwer Street - from High Street to just north of the Maitland Leagues Club
entrance;
Dransfield Lane.
2. The installation of the signs and devices to affect the proposed temporary road
closures also be approved.
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P55
COUNCIL RESOLUTION
THAT the following temporary road closures for the ‘Maitland Taste’ Food, Wine
and Music Festival special event be approved:
1. From 6.00am Friday, 11 March to 7.00am Monday, 14 March 2016:
High Street - between Elgin Street and Bourke Street;
Bulwer Street - from High Street to just north of the Maitland Leagues Club
entrance;
Dransfield Lane.
2. The installation of the signs and devices to affect the proposed temporary road
closures also be approved.
Moved Clr P Garnham, Seconded Clr B Geoghegan
CARRIED
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P56
13 ADMINISTRATION AND GOVERNANCE REPORTS
13.1 STATEMENT OF INVESTMENTS AS AT 30 NOVEMBER 2015
FILE NO: 82/2
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: Graeme Tolhurst - Group Manager Administration &
Governance
AUTHOR: Phil Freeman - Manager Finance
MAITLAND +10 Outcome 19. A sustainable Council for a sustainable
City
COUNCIL OBJECTIVE: 19.1.1 To ensure the principles of sustainability
underpin Council’s financial, economic, social and
environmental decision-making
EXECUTIVE SUMMARY
Clause 212 of the Local Government (General) Regulation 2005 requires Council to report
on its investments.
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.
COUNCIL RESOLUTION
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.
Moved Clr B Burke, Seconded Clr B Whiting
CARRIED
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P57
13.2 STATEMENT OF INVESTMENTS AS AT 31 DECEMBER 2015
FILE NO: 82/2
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: Graeme Tolhurst - Group Manager Administration &
Governance
AUTHOR: Mark Ackland - Compliance Accountant
MAITLAND +10 Outcome 19. A sustainable Council for a sustainable
City
COUNCIL OBJECTIVE: 19.1.1 To ensure the principles of sustainability
underpin Council’s financial, economic, social and
environmental decision-making
EXECUTIVE SUMMARY
Clause 212 of the Local Government (General) Regulation 2005 requires Council to report
on its investments.
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.
COUNCIL RESOLUTION
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.
Moved Clr B Burke, Seconded Clr A Humphery
CARRIED
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P58
14 STRATEGY AND PERFORMANCE REPORTS
Nil
15 MAJOR PROJECTS REPORTS
Nil
16 HUMAN RESOURCES REPORTS
Nil
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P59
17 ITEMS FOR INFORMATION
17.1 ANZAC DAY 2016 MORPETH - TRAFFIC MANAGEMENT
FILE NO: 140/5
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works
AUTHOR: Stephen Hawes - Manager Infrastructure Planning
and Development Engineering
MAITLAND +10 Outcome 3. Iconic events and local festivals
COUNCIL OBJECTIVE: 3.1.1 To create an economic, social and cultural
benefit to the community through the presentation
of a series of sustainable flagship events
EXECUTIVE SUMMARY
At its meeting of 11 August 2015, Council resolved that a report be brought back to
Council regarding the cost of traffic management of the Morpeth ANZAC Day Event.
Over the years, the crowd control requirements for the event have increased to meet the
legislative requirements of the Roads Act 1993 and NSW Guide for Traffic and Transport
Management for Special Events.
The traffic and crowd control is now managed by a qualified traffic control company who
assumes the authority and liability for the traffic management during the event. This has
created an increase in the cost to the organisers of running the event. A previous report
to Council on 11 August 2015 identified that a cost for traffic management of $2,500
would be an appropriate figure to run this event.
OFFICER’S RECOMMENDATION
THAT the information contained in this Report be noted.
COUNCIL RESOLUTION
THAT the information contained in this Report be noted.
Moved Clr B Geoghegan, Seconded Clr S Procter
CARRIED
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P60
17.2 COMMENCEMENT OF THE LOCAL GOVERNMENT AMENDMENT
(COUNCILLOR MISCONDUCT & POOR PERFORMANCE ACT) 2015
FILE NO: 35/47
ATTACHMENTS: 1. OLG Circular
RESPONSIBLE OFFICER: Graeme Tolhurst - Group Manager Administration &
Governance
AUTHOR: Amanda Hillman - Coordinator Governance
MAITLAND +10 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
This report advises that the amendments to the NSW Local Government Act 1993 made by
the Local Government Amendment (Councillor Misconduct and Poor Performance) Act
2015 commenced on 13 November 2015.
OFFICER’S RECOMMENDATION
THAT the information contained in this Report be noted.
COUNCIL RESOLUTION
THAT the information contained in this Report be noted.
Moved Clr P Garnham, Seconded Clr B Burke
CARRIED
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P61
17.3 THE VISITOR ECONOMY MARKETING ACTIVITY PLAN 2016
FILE NO: 139/30
ATTACHMENTS: 1. Visitor Economy Marketing Activity Plan
2016
RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,
Environment & Lifestyle
Rachel MacLucas - Manager Marketing and
Communications
AUTHOR: Jade McArthur - Team Leader Marketing
MAITLAND +10 Outcome 14. Living, working, visiting and investing in
Maitland
COUNCIL OBJECTIVE: 14.3.3 To maintain and strengthen Maitland as a key
tourism offering in the Hunter Region
EXECUTIVE SUMMARY
The Visitor Economy Marketing Activity Plan 2016 is the guiding document for marketing
activity for the visitor economy up to December 2016. The draft was developed with input
from the Marketing and Communication, Visitor Economy and Events teams and was
subsequently offered to the wider business community for input before finalising the plan
on Monday 18 January. The Plan is now moving into the implementation phase.
OFFICER’S RECOMMENDATION
THAT the information contained in this Report be noted.
COUNCIL RESOLUTION
THAT the information contained in this Report be noted.
Moved Clr B Burke, Seconded Clr L Baker
CARRIED
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P62
18 NOTICES OF MOTION/RESCISSION
18.1 DEGRADATION OF AGRICULTURAL LAND
NOTICE OF MOTION SUBMITTED BY CLR ARCH HUMPHERY
FILE NO: 35/7/4
ATTACHMENTS: 1. Letter to residents re Drainage Investigation
Project
RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works
Clr Arch Humphery has indicated his intention to move the following Notice of
Motion at the next Council Meeting being held on Tuesday, 9 February 2016:
THAT Maitland Council officers investigate possible solutions and funding to alleviate the
continued degradation of prime agricultural land between Bolwarra and Millers Forest
due to the cumulative effect of continued urban development, poor drainage
infrastructure and continued filling on the flood plain.
The loss of production and the rendering of some agricultural land unsuitable for farming
highlights the need for large retention basins and enlarged drainage channels to mitigate
the effect of urban development.
COUNCIL RESOLUTION
THAT
Maitland Council officers investigate possible solutions and funding to alleviate
the continued degradation of prime agricultural land between Bolwarra and
Millers Forest due to the cumulative effect of continued urban development, poor
drainage infrastructure and continued filling on the flood plain.
Moved Clr A Humphery, Seconded Clr S Procter
CARRIED
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P63
18.2 FLOODING AT OAKHAMPTON HEIGHTS
NOTICE OF MOTION SUBMITTED BY CLR PHILIP PENFOLD
FILE NO: 35/7/4
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works
Clr Philip Penfold has indicated his intention to move the following Notice of Motion
at the next Council Meeting being held on Tuesday, 9 February 2016:
THAT Council investigate and report on means by which Oakhampton Heights residents
can gain flood free access in times of flooding of Scobies Lane without use of emergency
SES powers. Report is to include estimate on any cost, permissions and liability
arrangements.
Notes
During 2 flood events in the past year, approx. 20-30 homes in the above affected
area were cut off due to flooding of Scobies Lane.
Most recently that flooding cut the only road in/out for almost a week.
Some of the current residents in these homes have high needs disabilities.
While SES went above and beyond in providing assistance and part time access, I
would think it worth reporting on the possibility of council arranging access without
the need to draw upon SES resources at such times.
Access in an emergency is possible via Walka Water Works, ARTC bridge and across
private land though I understand arrangements would need to be put in place
regarding permissions, liability, and consideration given to the road condition.
I would hope that for at least part of each day during the flooding of Scobies Lane,
arrangements can be made to allow access.
Note: Clr P Penfold withdrew this motion at the meeting as it was covered in Item
12.2
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P64
19 QUESTIONS WITH NOTICE
20 URGENT BUSINESS
Nil
Council moved into the Committee of the Whole at 7.29pm.
Moved Clr B Burke, Seconded Clr P Garnham
CARRIED
Council moved into Closed Session the Committee of the Whole at 7.29pm
Moved Clr A Humphrey, Seconded Clr P Penfold
CARRIED
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P65
21 COMMITTEE OF THE WHOLE
21.1 BUILDING BETTER REGIONAL CITIES PROGRAM FUNDING AGREEMENT
FOR AFFORDABLE HOUSING AND SUPPORTING INFRASTRUCTURE -
RECONSTRUCTION OF ATHEL D'OMBRAIN DRIVE
FILE NO: 65/17
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: Wayne Cone - Executive Manager Major Projects
AUTHOR: Wayne Cone - Executive Manager Major Projects
Ian Shillington - Manager Urban Growth
David Evans - General Manager
MAITLAND +10 Outcome 7. Diverse and affordable housing
COUNCIL OBJECTIVE: 7.1.1 To deliver infrastructure to support affordable
housing in Central Maitland, including works at
Maitland Station precinct and Athel D’ombrain Drive
THAT Council move into Confidential Session to discuss this item under the terms of the
Local Government Act 1993 Section 10A(2), as follows: (c) information that would, if
disclosed, confer a commercial advantage on a person with whom the Council is
conducting (or proposes to conduct) business.
EXECUTIVE SUMMARY
On 23 October 2012 Council resolved to accept the affordable housing supporting
infrastructure project funding agreement through the Department of Families, Housing,
Community Services and Indigenous Affairs (FHCSIA) for the provision of $11.3m in grant
funding under the Building Better Regional Cities (BBRC) Program to reconstruct Athel
D’Ombrain Drive (ADD), Maitland.
On 9 April 2013 Council agreed to accept the risk related to the repayment amount for
non-completion of affordable housing dwellings by 30 June 2016 in accordance with the
funding agreement document. The funding agreement document was executed on 20 May
2013.
Following contract design and documentation, and some preliminary construction work,
the largest contract construction stage at the western end of ADD (Transport Interchange
end) commenced in August 2015, with this work expected to be completed in July 2016,
weather permitting.
The growth in housing in Central Maitland is one of a range of initiatives aimed to
revitalise the city centre. The Central Maitland Structure Plan is underpinned by growing
the Central Maitland population by 3,000 to 3,500 residents accommodated in
1,300 dwelling units.
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P66
While there has been a lack of demonstrated progress in achieving affordable housing
projects in Central Maitland that meet the requirements of the BBRC program, there are
encouraging signs that housing demand is increasing. This is evident due to recent
approvals and other prospective projects where planning is currently underway.
This report provides details on negotiations with the Department of Social Services (DSS),
formerly the Department of FHSCIA, in regard to variations to the funding agreement that
include changes to the scope of work, extensions to the delivery times for both
infrastructure and affordable housing, and increased numbers of affordable housing
dwelling units to be provided. The report also includes details of negotiations to date with
a provider of affordable housing and addresses a DSS proposal for Council to obtain
independent expert advice on the likelihood of achieving revised timeframes for delivery
of the affordable housing.
OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION
THAT Council move into Confidential Session to discuss this item under the terms of the
Local Government Act 1993 Section 10A(2), as follows:
(c) information that would, if disclosed, confer a commercial advantage on a
person with whom the Council is conducting (or proposes to conduct) business.
COUNCIL RESOLUTION
THAT
1. Council pursue a variation to the Federal Government BBRC Program funding
agreement for Affordable Housing and Supporting Infrastructure –
Reconstruction of Athel D’Ombrain Drive that extends the time for delivery
of both the infrastructure and the affordable housing, and increases the
number of affordable housing dwelling units to be delivered on Council and
private land, in accordance with Option 2 in this report.
2. Council obtain expert advice on avenues and means by which the affordable
housing elements of the Athel D’Ombrain Drive project can be delivered.
Moved Clr P Penfold, Seconded Clr B Burke
CARRIED
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P67
21.2 191 HIGH STREET, MAITLAND
FILE NO: P43708
ATTACHMENTS: 1. 191 High Street, Maitland
RESPONSIBLE OFFICER: Graeme Tolhurst - Group Manager Administration &
Governance
AUTHOR: Graeme Tolhurst - Group Manager Administration &
Governance
MAITLAND +10 Outcome 7. Diverse and affordable housing
COUNCIL OBJECTIVE: 7.1.1 To deliver infrastructure to support affordable
housing in Central Maitland, including works at
Maitland Station precinct and Athel D’ombrain Drive
THAT Council move into Confidential Session to discuss this item under the terms of the
Local Government Act 1993 Section 10A(2), as follows: (c) information that would, if
disclosed, confer a commercial advantage on a person with whom the Council is
conducting (or proposes to conduct) business.
EXECUTIVE SUMMARY
Council has an option on 191 High Street, Maitland. The option was until 31 December
2015. This report is to consider extending the option on the property.
OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION
THAT Council move into Confidential Session to discuss this item under the terms of the
Local Government Act 1993 Section 10A(2), as follows:
(c) information that would, if disclosed, confer a commercial advantage on a
person with whom the Council is conducting (or proposes to conduct) business.
COUNCIL RESOLUTION
THAT
1. Council continue with an option to purchase the property with a monthly
option fee. The owner would provide a covenant not to lease the property to
a third party this would be in place until. 30 June 2016.
Moved Clr R Aitchison, Seconded Clr B Whiting
CARRIED
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P68
21.3 LOT 1490 DP 1005639 AND LOT 14 DP 730416 WEBLANDS STREET,
ABERGLASSLYN
FILE NO: 103/40/1
ATTACHMENTS: 1. Lot 1490 DP 1005639 and Lot 14 DP 730416
Weblands Street, Aberglasslyn
RESPONSIBLE OFFICER: Graeme Tolhurst - Group Manager Administration &
Governance
AUTHOR: Graeme Tolhurst - Group Manager Administration &
Governance
MAITLAND +10 Outcome 14. Living, working, visiting and investing in
Maitland
COUNCIL OBJECTIVE: 14.4.1 To enable new accommodation to be realised
through planning partnerships and promotion
THAT Council move into Confidential Session to discuss this item under the terms of the
Local Government Act 1993 Section 10A(2), as follows: (d) (i) commercial information of a
confidential nature that would, if disclosed prejudice the commercial position of the
person who supplied it.
EXECUTIVE SUMMARY
Council is to consider the land at Lot 1490 DP 1005639 and Lot 14 DP 730416 Weblands
Street, Aberglasslyn. This is as a result of a decision at the Council Meeting of 8 December
2015.
OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION
THAT Council move into Confidential Session to discuss this item under the terms of the
Local Government Act 1993 Section 10A(2), as follows:
(d) (i) commercial information of a confidential nature that would, if disclosed
prejudice the commercial position of the person who supplied it.
COUNCIL RESOLUTION
THAT
1. Council rescind the resolution of 8 December 2015.
2. Council call for Expression of Interest for Lot 1490 DP 1005639 and Lot 14 DP
730416 Weblands Street, Aberglasslyn as per the Council report.
3. A further report be brought back to Council on the drainage issues referred
to in this report.
Moved Clr H Meskauskas, Seconded Clr B Burke
CARRIED
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P69
21.4 CONSIDERATION OF CONSTRUCTION EXPRESSIONS OF INTEREST -
MAITLAND NO. 1 SPORTSGROUND GRANDSTAND REDEVELOPMENT
FILE NO: 137/1353
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works
Graeme Matthews - Manager Infrastructure Projects
and Building Services
AUTHOR: Aaron Cook - Senior Project Architect
MAITLAND +10 Outcome 2. Community and recreation services and
facilities
COUNCIL OBJECTIVE: 2.1.12 To maintain and evolve the City's high quality
and distinctive facilities including Maitland Park,
Walka Water Works and No. 1 Sportsground
THAT Council move into Confidential Session to discuss this item under the terms of the
Local Government Act 1993 Section 10A(2), as follows: (c) information that would, if
disclosed, confer a commercial advantage on a person with whom the Council is
conducting (or proposes to conduct) business.
EXECUTIVE SUMMARY
Expressions of Interest (EOIs) for the construction of the Maitland No. 1 Sportsground
Redevelopment were called on 8 December 2015. The EOI period closed on 19 January
2016, and nineteen EOIs were received. All nineteen submissions have been assessed in
accordance with a Tender Evaluation Plan by a Tender Review Panel.
OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION
THAT Council move into Confidential Session to discuss this item under the terms of the
Local Government Act 1993 Section 10A(2), as follows:
(c) information that would, if disclosed, confer a commercial advantage on a
person with whom the Council is conducting (or proposes to conduct) business.
COUNCIL RESOLUTION
THAT Council invite construction tenders from the following five EOI respondents
for the Maitland No. 1 Sportsground Grandstand:
Watpac Constructions Pty Ltd
Lipman Pty Ltd
Kane Constructions Pty Ltd
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P70
Hansen Yuncken Pty Ltd
North Construction and Building Pty Ltd.
Moved Clr L Baker, Seconded Clr B Burke
CARRIED
The Mayor in accordance with Section 375A of the Local Government Act 1993 called
for a division.
The division resulted in 13 for and 0 against, as follows:
For: Clr R Aitchison Against:
Clr L Baker
Clr P Blackmore
Clr B Burke
Clr P Garnham
Clr B Geoghegan
Clr A Humphery
Clr H Meskauskas
Clr N Penfold
Clr P Penfold
Clr S Procter
Clr K Wethered
Clr B Whiting
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P71
21.5 CONSIDERATION OF TENDERS - MAITLAND PARK INDOOR 25M POOL
FILE NO: 137/1351
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: Graeme Matthews - Manager Infrastructure Projects
and Building Services
Chris James - Group Manager Infrastructure & Works
AUTHOR: Aaron Cook - Senior Project Architect
MAITLAND +10 Outcome 2. Community and recreation services and
facilities
COUNCIL OBJECTIVE: 2.1.4 To construct a year round, indoor pool at
Maitland Aquatic Facility
THAT Council move into Confidential Session to discuss this item under the terms of the
Local Government Act 1993 Section 10A(2), as follows: (c) information that would, if
disclosed, confer a commercial advantage on a person with whom the Council is
conducting (or proposes to conduct) business.
EXECUTIVE SUMMARY
Tenders for the construction of the new indoor 25m pool at Maitland Park were called on
22 October 2015. The tender period closed on 8 December 2015, and nine tenders were
received. All nine submissions have been assessed in accordance with a Tender Evaluation
Plan by a Tender Review Panel.
This report provides details of the tender assessment, a recommendation to award a
contract and a proposed funding strategy. The tenders are being reported to the
Committee of the Whole as they contain confidential information.
OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION
THAT Council move into Confidential Session to discuss this item under the terms of the
Local Government Act 1993 Section 10A(2), as follows:
(c) information that would, if disclosed, confer a commercial advantage on a
person with whom the Council is conducting (or proposes to conduct) business.
COUNCIL RESOLUTION
THAT
1. A contract be awarded to Graph Builders Pty Ltd in the value of $9,341,787.00
including GST ($8,492,533.64 excluding GST).
2. The Mayor and General Manager sign the contract documents and affix the
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P72
common seal of Council to the contract documents.
Moved Clr H Meskauskas, Seconded Clr B Burke
CARRIED
The Mayor in accordance with Section 375A of the Local Government Act 1993 called
for a division.
The division resulted in 12 for and 1 against, as follows:
For: Clr R Aitchison Against: Clr P Penfold
Clr L Baker
Clr P Blackmore
Clr B Burke
Clr P Garnham
Clr B Geoghegan
Clr A Humphery
Clr H Meskauskas
Clr N Penfold
Clr S Procter
Clr K Wethered
Clr B Whiting
Council resumed into the Open Session at 7.58pm.
Moved Clr A Humphrey, Seconded Clr P Garnham
CARRIED
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P73
22 COMMITTEE OF THE WHOLE RECOMMENDATIONS
The following resolutions that were made whilst Council was closed to the public and
press were read to the meeting by the General Manager.
21.1 BUILDING BETTER REGIONAL CITIES PROGRAM FUNDING AGREEMENT FOR
AFFORDABLE HOUSING AND SUPPORTING INFRASTRUCTURE - RECONSTRUCTION
OF ATHEL D'OMBRAIN DRIVE
COUNCIL RESOLUTION
THAT
1. Council pursue a variation to the Federal Government BBRC Program funding
agreement for Affordable Housing and Supporting Infrastructure –
Reconstruction of Athel D’Ombrain Drive that extends the time for delivery
of both the infrastructure and the affordable housing, and increases the
number of affordable housing dwelling units to be delivered on Council and
private land, in accordance with Option 2 in this report.
2. Council obtain expert advice on avenues and means by which the affordable
housing elements of the Athel D’Ombrain Drive project can be delivered.
Moved Clr P Penfold, Seconded Clr B Burke
CARRIED
21.2 191 HIGH STREET, MAITLAND
COUNCIL RESOLUTION
THAT
1. Council continue with an option to purchase the property with a monthly
option fee. The owner would provide a covenant not to lease the property to
a third party this would be in place until. 30 June 2016.
Moved Clr R Aitchison, Seconded Clr B Whiting
CARRIED
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P74
21.3 LOT 1490 DP 1005639 AND LOT 14 DP 730416 WEBLANDS STREET,
ABERGLASSLYN
COUNCIL RESOLUTION
THAT
1. Council rescind the resolution of 8 December 2015.
2. Council call for Expression of Interest for Lot 1490 DP 1005639 and Lot 14 DP
730416 Weblands Street, Aberglasslyn as per the Council report.
3. A further report be brought back to Council on the drainage issues referred
to in this report.
Moved Clr H Meskauskas, Seconded Clr B Burke
CARRIED
21.4 CONSIDERATION OF CONSTRUCTION EXPRESSIONS OF INTEREST - MAITLAND
NO. 1 SPORTSGROUND GRANDSTAND REDEVELOPMENT
COUNCIL RESOLUTION
THAT Council invite construction tenders from the following five EOI respondents
for the Maitland No. 1 Sportsground Grandstand:
Watpac Constructions Pty Ltd
Lipman Pty Ltd
Kane Constructions Pty Ltd
Hansen Yuncken Pty Ltd
North Construction and Building Pty Ltd.
Moved Clr L Baker, Seconded Clr B Burke
CARRIED
21.5 CONSIDERATION OF TENDERS - MAITLAND PARK INDOOR 25M POOL
COUNCIL RESOLUTION
THAT
1. A contract be awarded to Graph Builders Pty Ltd in the value of $9,341,787.00
including GST ($8,492,533.64 excluding GST).
2. The Mayor and General Manager sign the contract documents and affix the
common seal of Council to the contract documents.
9 FEBRUARY 2016
Maitland City Council | Ordinary Meeting Minutes P75
Moved Clr H Meskauskas, Seconded Clr B Burke
CARRIED
Council resolved that the recommendations of the Closed Session of Committee of the
Whole be adopted.
Moved Clr P Garnham, Seconded Clr Whiting
CARRIED
23 CLOSURE
The meeting was declared closed at 7.59 pm.
................................
Chairperson