reports from the planning and environment committee meeting held … · planning and environment...

Reports from the Planning and Environment Committee Meeting held at 7.30pm on Tuesday, 1 February 2011. APOLOGIES ACKNOWLEDGEMENT OF LAND DECLARATIONS OF INTEREST Pecuniary Interests Non Pecuniary – Significant Interests Non Pecuniary – Less than Significant Interests ITEM TITLE PAGE

1. WASTE AND RECYCLING SERVICES 5

No reports this round 5

2. ENVIRONMENTAL PLANNING 5

2.1 Georges River Combined Councils Committee Meeting Update 5

2.2 Georges River Combined Councils Committee 2009/10 Annual Report 16

2.3 Airds Bradbury Urban Renewal Project 22

2.4 2010/2011 Living Macarthur Nature Photography Competition 26

2.5 Minutes of the Heritage Protection Sub Committee Meeting held on 2 December 2010

29

3. DEVELOPMENT SERVICES 49

3.1 Development Services Section Application Statistics - December 2010 49

3.2 No. 16 St Johns Road, Campbelltown - Conversion of an existing convent into a church with associated construction of a car park, fence and building additions

50

3.3 Planning Appeals Legislation Amendment Bill 2010 85

3.4 Lot 3004 DP 1152287 Stowe Avenue, Macarthur Gardens - Mixed Use Development - 75 Residential Apartments Incorporating Affordable Housing and Retail/Commercial Premises

91

4. COMPLIANCE SERVICES 96

4.1 Legal Status Report 96

5. GENERAL BUSINESS 105

5.1 Playgrounds 105

5.2 Oxford Road Bus Shelter 105

ITEM TITLE PAGE

18. CONFIDENTIAL ITEMS 106

18.1 Confidential Information relating to items on the Planning and Environment Agenda 1 February 2011

106

Planning and Environment Committee Meeting 1 February 2011 2.1 Georges River Combined Councils Committee Meeting Update

Minutes of the Planning and Environment Committee held on 1 February 2011 Present Councillor R Kolkman (Chairperson)

Councillor J Bourke Councillor G Greiss Councillor P Hawker Councillor R Matheson Councillor M Oates Councillor R Thompson General Manager - Mr P Tosi Acting Director Planning and Environment - Mr J Baldwin Manager Environmental Planning - Mr P Jemison Manager Compliance Services - Mr A Spooner Manager Waste and Recycling Services - Mr P Macdonald Manager Community Resources and Development - Mr B McCausland Acting Manager Corporate Support - Mr T Rouen Executive Assistant - Mrs D Taylor

Apology Nil Acknowledgement of Land An Acknowledgement of Land was presented by the Chairperson Councillor Kolkman. DECLARATIONS OF INTEREST Declarations of Interest were made in respect of the following items: Non Pecuniary – Significant Interests Councillor Hawker - Item 3.4 - Lot 3004 DP 1152287 Stowe Avenue, Macarthur Gardens - Mixed Use Development - 75 Residential Apartments Incorporating Affordable Housing and Retail/ Commercial Premises - Councillor Hawker advised that he is a member of the Joint Regional Planning Panel and that he would leave the Chamber and not take part in debate nor vote on the matter. Councillor Hawker - Item 18.1 - Confidential Information relating to items on the Planning and Environment Agenda 1 February 2011 - Councillor Hawker advised that he is a member of the Joint Regional Planning Panel and that he would leave the Chamber and not take part in debate nor vote on the matter. Councillor Kolkman - Item 3.4 - Lot 3004 DP 1152287 Stowe Avenue, Macarthur Gardens - Mixed Use Development - 75 Residential Apartments Incorporating Affordable Housing and Retail/ Commercial Premises - Councillor Kolkman advised that he is a member of the Joint Regional Planning Panel and that he would leave the Chamber and not take part in debate nor vote on the matter.


Acting Director Planning and Environment Jim Baldwin - Item 3.4 - Lot 3004 DP 1152287 Stowe Avenue, Macarthur Gardens - Mixed Use Development - 75 Residential Apartments Incorporating Affordable Housing and Retail/ Commercial Premises - Acting Director Planning and Environment Jim Baldwin advised that he is undertaking the assessment of the application for the Joint Regional Planning Panel and that he would leave the Chamber and not take part in debate. Non Pecuniary – Less than Significant Interests Councillor Greiss - Item 3.2 - No. 16 St Johns Road, Campbelltown - Conversion of an existing convent into a church with associated construction of a car park, fence and building additions - Councillor Greiss advised that he is a member of the Coptic community however does not attend this Church.


1. WASTE AND RECYCLING SERVICES

No reports this round

2. ENVIRONMENTAL PLANNING

2.1 Georges River Combined Councils Committee Meeting Update

Reporting Officer

Manager Environmental Planning

Attachments

Copy of Minutes from the Ordinary Meeting of the Georges River Combined Councils Committee, held on 28 October 2010.

Purpose

To provide Council with an update on the outcomes of the Georges River Combined Councils' Committee (GRCCC) Ordinary Meeting held at the offices of Hurstville City Council on Thursday 28 October 2010.

History

The Georges River Combined Councils Committee (GRCCC) represents local governments in the Georges River Catchment of NSW. Members include nine (9) local councils: Rockdale City, Sutherland Shire, Kogarah City, Hurstville City, Bankstown City, Liverpool City, Fairfield City, Campbelltown City and Wollondilly Shire Councils. It is an incorporated association of local councils working in partnership with State and Federal Government agencies and community representatives within the Georges River Catchment. Formed in 1979 the GRCCC's mission is to advocate for the protection, conservation and enhancement of the health of the Georges River, by developing programs and partnerships and by lobbying government organisations and other stakeholders.

Report

An Ordinary Meeting of the GRCCC was held at the offices of Hurstville City Council on Thursday 28 October 2010. A copy of the Minutes of the meeting are provided as Attachment 1. The following provides a summary of those minutes, and the respective program and cluster reports can be found on the GRCCC website at www.georgesriver.org.au.

http://www.georgesriver.org.au/


A summary of the main issues discussed at this meeting is provided below: i) Matters arising from minutes of last meeting The decision by BHP Billiton to withdraw its proposal to mine under the Dharawal State Conservation Area was noted. It was determined that the GRCCC should write to the relevant ministers requesting that the Dharawal State Conservation Area be upgraded to a National Park. The Executive Director, Operational Support for Corrective Services NSW delivered a presentation on the restructure of the Periodic Detention System in NSW. Mr Gilmore advised that as a result of this restructure additional resources will be available to the GRCCC’s Riverkeeper Program in the future.

ii) GRCCC Program Cluster Reports a) Riverkeeper Program

The Committee was advised of the GRCCC Executive Committee’s decision to terminate its agreement with NSW Maritime regarding the Riverkeeper Officer in lieu of obtaining a full-time GRCCC staff member to undertake the role. A presentation was provided to the Committee on the ‘cost-benefit’ of the proposal.

b) Riverhealth Monitoring Program The GRCCC has been successful in its Federal Government grant application for the continuation and expansion of the Riverhealth Monitoring Program. The funding will allow the program to continue until 2013.

c) Communications Program Member councils have been contacted regarding media and community engagement officers interest in communications cluster group membership. The GRCCC Communications and Media Strategy is currently under development and a media kit for release of the 2nd River Health Report Card, including Q&A document has been prepared. iii) Urban Sustainability Program Reports Project managers provided annual updates on their respective project activities. Of further note a Georges River Cruise which will include information seminars on the role of local government in water management has been organised by the respective Urban Sustainability Projects in association with the GRCCC. The cruise will be held on 17 February and Councillors and Executive Management from member councils are invited and encouraged to attend. a) Upper Georges River The consultancy Australian Wetlands, in association with Ecological Australia, has been appointed to complete the Strategic Environmental Management Plan (SEMP) for the Upper Georges River. Campbelltown City Council have commenced their onground works program and Wollondilly have completed the majority of their current onground works projects.


The River Project (an arts-based project) opened at Campbelltown Arts Centre on 27 August. The exhibition was undertaken until the 24 October. Interviews are continuing under the Governance Project and an Aboriginal Project Support Officer has been appointed to work with the National Parks and Wildlife Service on a cultural project associated with the landscapes of the Dharawal State Conservation Area. b) Mid Georges River Works are progressing throughout the Yeramba Lagoon catchment including bush regeneration and signage. Aquatic weed harvesting and spraying has been completed in the lagoon and designs for the grassed swale are complete with construction scheduled for the new year. The bushcare group for Yeramba Lagoon has been meeting regularly. Stormwater drain stenciling is continuing throughout the catchment. The Strategic Management Plan for Mill Creek is currently open for comment by relevant stakeholders. Bush regeneration and stormwater works are continuing along the Menai and Alfords Point bushland interface. A calendar has been developed based on the entries from the Mill Creek photography competition. c) Lower Georges River The Getting Greener! program which provides funding for environmental communication and promotion projects continues to be successful. d) Improving Prospect Creek The development of the Strategic Environmental Management Plan is progressing. The community engagement and consultation stage of the project will take place between October and November 2010 and will include the surveying of community opinion on Prospect Creek. iv) General Business The committee was advised that most councils had completed training on the decision support tool developed through the Botany Bay Water Quality Improvement Program and that the Water Quality Improvement Program will soon be released for public comment. Representatives from the SMCMA will be visiting councils to discuss the program. The committee was further advised that real time water loggers in the Georges and Cooks River have commenced collecting data, which will be made publicly available in the near future including via the GRCCC website. It should be noted that the water loggers are not located within the Campbelltown Local Government Area. v) Next meeting The next meeting will be held on 24 February 2011 at the Offices of Wollondilly Shire Council.


Officer's Recommendation

That an update on the outcomes of the next meeting of the GRCCC be provided to Council pending the circulation of the relevant minutes. Committee’s Recommendation: (Bourke/Greiss) That the Officer's Recommendation be adopted. CARRIED Council Meeting 8 February 2011 (Kolkman/Borg) That the Officer's Recommendation be adopted. Council Resolution Minute Number 8 That the Officer's Recommendation be adopted.

Planning and Environment Committee Meeting 1 February 2011 2.1 Georges River Combined Councils Committee Meeting Update ATTACHMENT 1

Planning and Environment Committee Meeting 1 February 2011 2.2 Georges River Combined Councils Committee 2009/10 Annual Report

2.2 Georges River Combined Councils Committee 2009/10 Annual Report

Reporting Officer


Attachments

Nil

Purpose

To provide Council with an overview of the GRCCC 2009/10 Annual Report.

History

The Georges River Combined Councils Committee (GRCCC) represents local governments in the Georges River Catchment of NSW. Members include nine (9) local councils: Rockdale City, Sutherland Shire, Kogarah City, Hurstville City, Bankstown City, Liverpool City, Fairfield City, Campbelltown City and Wollondilly Shire Councils. It is an incorporated association of local councils working in partnership with State and Federal Government agencies and community representatives within the Georges River Catchment. Formed in 1979 the GRCCC's mission is to advocate for the protection, conservation and enhancement of the health of the Georges River, by developing programs and partnerships and by lobbying government organisations and other stakeholders. The vision of the GRCCC is, “For the Georges River to be a balanced ecosystem that an engaged community can enjoy”. The mission of the GRCCC is, “To advocate for the protection, conservation and enhancement of the Georges River, by developing programs and partnerships, and by lobbying government organisations and other stakeholders.” The objectives of the GRCCC are to: 1. Lobby for environmental improvements along the Georges River and its catchment; 2. Liaise with stakeholders throughout the catchment on environmental issues affecting the

Georges River; 3. Coordinate the GRCCC’s various programs as outlined in the Management and

Implementation Plan which assists the rehabilitation of the Georges River; 4. Promote the Georges River and its values consistently across the catchment; and 5. Encourage all Local Government Councils in the Georges River catchment to recognise

their responsibility to contribute to the enhancement of the environmental, recreational and social values of the River.


Report

In 2009/10 the GRCCC facilitated and was involved in a range of innovative environmental projects and programs including the River Health Monitoring Program, various Urban Sustainability Initiatives and a revised communications program. The following report provides an overview of those achievements. (i) Georges Riverkeeper Program Whilst changes within Corrective Services and the sentencing of periodic detainees resulted in short-term reduced access to teams, they have also facilitated refinements to the administration of the program including; - Development of a Riverkeeper work plan in consultation with councils; - Modified OH&S requirements including site assessments; and - Better coordination and consultation with councils regarding work site locations.

In the longer term it is anticipated that these changes will also result in additional onground resources and improved environmental outcomes. In 2009/10 the GRCCC Riverkeeper Program removed 225kg of rubbish from the Campbelltown LGA. (ii) River Health Monitoring Program The GRCCC coordinated two (2) sampling rounds for the collection of water quality, vegetation and macroinvertebrate health data across the catchment in Spring 2009 and Autumn 2010. The monitoring was undertaken by over 200 volunteers at 42 sites, both freshwater and marine, and was used to produce report cards for each round presenting a catchment wide snapshot of ecosystem health. Whilst there were some slight changes at various locations between the two (2) rounds, the overall health of the Georges River catchment was found to be fair on both occasions. The Program has been viewed as a success by academics, experts and the community alike and it is planned to continue and expand the program in future years. In this regard, the GRCCC have applied for additional Commonwealth funding to support the expansion of the program. Information has recently been received that the application was successful. (iii) GRCCC Communications Program In 2009/10, under the auspice of the program, a cluster group of representatives from member councils was formed. The group aims to develop and deliver consistent messages across the catchment and increase community involvement and interest in the management of the catchment.


Key achievements of the program during 2009/10 included the following: - The coordination of the release of two River Health Report Cards; - Promotion of River Health Training activities; - Development of the River Health Volunteer Survey to collect data regarding community

engagement in GRCCC activities; - Coordination of Clean Up Australia Day with member council staff; - Increase in media coverage of key events and issues; and - Development and launch of the GRCCC website during Water Week 2009. (iv) River Ecosystem Program The Program centres on leading an alliance of councils to improve water management to achieve sustainable water quality and conservation outcomes. The Program has involved the participation and promotion of the Botany Bay Coastal Catchments Initiative and the Botany Bay Water Quality Improvement Plan. The Program has also assisted in the delivery of Water Sensitive Urban Design (WSUD) capacity building sessions to member councils. (v) Partnerships with Urban Sustainability Initiatives Since 2007 the GRCCC has partnered and supported coalitions of member councils in funding applications for various environmental projects. The Urban Sustainability Initiatives are projects funded by the NSW Environmental Trust which aim to improve the sustainability of the Georges River catchment. Mid Georges River Urban Sustainability Initiative (USI) The Mid Georges River USI is a three (3) year partnership project between Bankstown and Sutherland Councils, along with the NSW National Parks and Wildlife Service and the GRCCC. The Mid Georges River USI aims to create a healthy, balanced ecosystem and a shared vision for the Georges River by the community, stakeholders and all levels of government. In 2009/10 the focus of the Project was on the implementation of actions identified in the Yeramba Lagoon Masterplan and Mill Creek Catchment Strategic Management Plan. These actions have included bush regeneration in the Mill Creek and Yeramba Lagoon catchment, track rehabilitation in the Georges River National Park and development of designs for a grassed stormwater treatment swale in Ambarvale Reserve. In regard to community education and engagement, a photography competition was held in the Mill Creek catchment, stormwater drain stenciling was undertaken throughout the Yeramba Lagoon catchment and a bushcare group also commenced at Yeramba Lagoon. Upper Georges River Urban Sustainability Initiative There have been several significant changes in the administration and development of the Upper Georges River Urban Sustainability Program during 2009/10. These changes have included the resignation of the Project Manager, the rescoping of the Strategic Environmental Management Plan (SEMP), and changes to both the on-ground and non on-ground works programs. Despite these challenges, the key stakeholders involved continue to work together to achieve long-standing outcomes with positive benefits for the catchment and the community.


The original format and intent of the SEMP has been re-scoped. The SEMP will now focus on the past, present and future of the Upper Georges River catchment, through analysing four (4) key themes, as follows: - Management; - Land use; - Community engagement; and - On Ground Projects. The SEMP will include a literature review and an action plan as an output which will prescribe and prioritise a works program for the future. Australian Wetlands, in conjunction with Ecological Australia, have been engaged to complete the SEMP. Significant progress has been made in regards to the on-ground works program for the project. All Councils have begun physical on ground works. Liverpool City Council is finalising the Helles Park project which has involved the removal of weeds and associated vegetation management along a 350m corridor adjoining the River. Council has acquired 300 seedlings that will shortly be planted within the corridor to help foster the natural regeneration processes. Consultants have been engaged for the Casula Parklands bush regeneration project and are currently preparing a site plan before commencing works. Wollondilly Shire Council has completed the majority of their currently approved on ground works projects. Fencing and bush regeneration works along Kennedy Creek has been completed. Funds have also been directed towards Wollondilly Nursery and the installation of fencing at Appin, to further limit illegal access to the river, is currently in the planning phase. Whilst a number of Campbelltown City Council’s onground works have been rescoped due to identified savings associated with the original program of works, Council has completed a number of projects contained within the original program of works. One of the major on ground works projects, the stormwater quality improvement project for Bunbury Bow Bowing Creek at Victoria Road Macquarie Fields, is nearing completion. (Now completed) The River Project, an arts based project celebrating the Georges River (along with several other international waterways) opened in August 2010. The Project canvassed artworks from international artists celebrating the Georges River as well as iconic rivers of the Asia-Pacific Region. The University of Western Sydney has commenced a Governance Review of the Georges River. A literature review has been completed and key stakeholders have been interviewed on their experiences with the management of the river and any changes that this project has brought about.


Lower Georges River Urban Sustainability Initiative (LGSRI) The LGSRI is a partnership between Rockdale, Hurstville, Kogarah City and Sutherland Shire Councils, the GRCCC, the Sydney Metropolitan CMA and the NSW Environmental Trust. The Strategic Sustainability Plan identified in the LGRSI project application was completed in June 2010. It contains four (4) Action Plans which describe the “next steps” towards achieving the desired outcomes of the project as follows: - Water Sensitive Urban Design (WSUD); - Community Partnerships Program; - Organisational Effectiveness; and - Intergrated Natural Resource Management. During 2009/10 the Initiative facilitated the delivery of a number of WSUD capacity building workshops for staff. The ‘getting greener!’ program which provides funding for environmental communication and promotion projects for small businesses and community groups commenced and continues to be successful. Improving Prospect Creek Urban Sustainability Initiative (IPCUSI) The IPCUSI is a partnership between Bankstown, Fairfield and Holroyd City Councils and the GRCCC. The objectives of the project are to: 1. Improve the condition and extent of native vegetation communities along the Prospect

Creek riparian corridor; 2. Increase understanding of the current biological values of the creek’s riparian corridor; 3. Identify, assess, and prioritise Local Government management actions to rehabilitate the

ecological functions of Prospect Creek 4. Develop relationships between land managers, indigenous groups and community

members to better manage Prospect Creek; and 5. Increase awareness of the significance of Prospect Creek and encourage greater

participation in the rehabilitation of the creek by the local community. In order to meet these objectives, the project has two (2) key stages. The first stage of the project involves the development of a Strategic Management Plan for the Prospect Creek Riparian Corridor. The second stage of the project will involve the prioritised implementation of the recommendations identified in the Strategic Management Plan. It is anticipated that the project will have a focus on bush regeneration and creek cleaning activities. The development of the Strategic Plan has commenced and was anticipated to be completed in late 2010. Conclusion During 2009/10 the GRCCC has facilitated and been involved in a range of achievements focusing on better management of the Georges River catchment. Most notably, it is anticipated that the reforms to NSW Corrective Services and the periodic detention system will result in greater environmental services and outcomes in future years and the River Health Monitoring Program will continue to provide an insight into the health of this important catchment for both government and the community.



That the information be noted. Committee’s Recommendation: (Bourke/Oates) That the Officer's Recommendation be adopted. CARRIED Council Meeting 8 February 2011 (Kolkman/Borg) That the Officer's Recommendation be adopted. Council Resolution Minute Number 8 That the Officer's Recommendation be adopted.

Planning and Environment Committee Meeting 1 February 2011 2.3 Airds Bradbury Urban Renewal Project

2.3 Airds Bradbury Urban Renewal Project

Reporting Officer


Attachments

1. Map of the Airds-Bradbury Urban Renewal Project Site (distributed under separate cover). 2. Proposed Concept Plan (distributed under separate cover).

Purpose

The purpose of this report is to provide Council with information on the Airds-Bradbury Urban Renewal Project that Housing NSW is undertaking in partnership with Landcom.

History

The Airds-Bradbury public housing area is one of seven (7) public housing estates in Campbelltown that were built in the 1970s and early 1980s by the ‘then’ New South Wales Housing Commission. The public housing estates of that time were built to accommodate families and individuals with very low incomes. The Airds-Bradbury public housing area, like the majority of public housing estates of that time, was constructed on American ‘Radburn’ principles designed to separate traffic from pedestrians. As a result, the road network is characterised by multiple cul-de-sacs and many houses were built with their front entry door facing walkways and common open space. Over the years, the ‘Radburn’ design concept proved to be unsuitable for concentrated public housing estates, as the lack of passive surveillance was found to encourage anti-social behaviour. In addition the cul-de-sac road patterns presented an access constraint for efficient bus servicing. To improve social mix, accessibility, security and the overall urban design of the Airds-Bradbury public housing estate, Housing NSW in partnership with Landcom is undertaking the Airds-Bradbury Urban Renewal Project (A-B Project). The A-B Project is similar in nature to the renewal work undertaken by the One Minto project, however, the scale and extent of the A-B Project is dissimilar. As part of this urban renewal process, Landcom appointed Urbis (a planning consultancy) to undertake the preparation of a concept plan, associated technical and environmental studies and undertake preliminary community consultation. To guide the development and delivery of the A-B Project, a Project Control Group (PCG) was established in early 2009. The PCG consists of representatives from Housing NSW, Landcom and Council.


Report

The Project Site The A-B Project site map is shown as Attachment 1 of this report. The site covers an area of approximately 200 Hectares and is predominantly developed for residential purposes. The A-B Project site is bounded by Georges River Road and College Road to the north, St John’s Road and Kularoo Road to the west, Greengate Road to the south and the Georges River Parkway Reserve to the east. The A-B Project site includes approximately 1,200 properties in Airds and approximately 250 in Bradbury. Notably, 94% of all residential dwellings within the A-B Project area are currently occupied as ‘social housing’. Central to the A-B Project site, is the Airds Shopping Centre. The Centre is currently run down and presents (visually and in an access sense) poorly. The A-B Project site includes a number of community facilities that provide a wide range of services. These include, but not limited to, the Airds Bradbury Youth Centre, the Airds Bradbury Community Centre, Campbelltown Airds Indoor Sports Centre (the Leisure Centre), St Andrew’s Anglican Church and the Tharawal Medical Centre. The Proposed Concept Plan The consulting firm Urbis has developed a draft Concept Plan for the A-B Project. The preparation of the draft Concept Plan was informed by a comprehensive consultation process that involved input from key stakeholders, technical consultants, government agencies and the community. A number of major community events were held throughout 2009 and 2010 including the “Airds out Loud” event and a three day “Design Out Loud” workshop, which was held in May 2010. Over the three- day period, residents and stakeholders were provided with the opportunity to design a preliminary Concept Plan for the A-B Project. Urbis thence subsequently analysed the feedback from the community and stakeholders and in consultation with Council staff developed a preferred draft Concept Plan. The draft Concept Plan applies to land currently owned by Housing NSW, the NSW Aboriginal Housing Office, Landcom, the Department of Planning (Office of Strategic Lands) and Campbelltown City Council. Whilst there is privately owned land and land owned by the local Aboriginal Land Council located within the overall renewal project area, the draft Concept Plan does not propose any physical changes on these lands. A copy of the draft Concept Plan is shown as Attachment 2 to this report. The draft Concept Plan represents a long term urban renewal project that will be implemented in stages. The staging process is yet to be determined and each stage will be subject to its own discreet approval. The A-B Project constitutes residential development having a Capital Investment Value (CIV) in excess of $100 million.


In summary the draft Concept Plan proposes to: 1. Enhance connectivity between the A-B Project site and the surrounding suburbs by:

- providing an additional road link from Georges River Road to Riverside Drive and connect this link all the way through to Campbellfield Avenue; and

- Provide additional road linkages throughout the project area to minimise the number

of “no through road” and ‘dead end’ streets. 2. Replace the existing townhouses precincts across the A-B Project site with new residential

dwellings, which would be a mix of townhouses and detached dwellings; 3. Rationalise existing open space within the A-B Project site (i.e. Kevin Wheately Memorial

Reserve would be developed for residential purposes); and 4. Propose additional retail areas located opposite to the existing Shopping Centre of Airds. 5. Achieve a mix of 30% social housing and 70% private dwellings. 6. It is estimated that the total number of dwellings, including the existing housing stock that

will be retained, is 1,895 dwellings. The draft Concept Plan will be presented to Council in detail at briefing session early this year. Airds-Bradbury Renewal Project - Major Project Declaration In September last year and on behalf of Housing NSW and Landcom, Urbis forwarded a submission to the Department of Planning (the Department) seeking the following: 1. A declaration, under the provisions of Clause 6 of SEPP - Major Development, that the

proposed development is a type of development to which the provisions of Part 3A of the Environmental Planning and Assessment Act 1979 (EP&A Act) applies.

2. The Ministers authorisation, under the provisions of Clause 75M of the Environmental Planning and Assessment Act 1979, for the preparation of a Concept Plan for the A-B Project.

3. Issue of the Director General’s Environmental Assessment Requirements (DGRs) for the

preparation of the Concept Plan. In October 2010, Council submitted a letter to the Department supporting the project’s application and requesting that the assessment of the A-B Project Concept Plan be delegated to Council. On 4 November 2010, the Executive Director, Major Projects Assessment, as a delegate of the Minister for Planning, declared that the Airds Bradbury Urban Renewal Concept Plan is a project to which Part 3A of the EP&A Act applies. On 16 December 2010, Council received correspondence from the Director General of the Department of Planning, advising that the assessment function of the A-B Project Concept Plan has been delegated to Council.


In this regard the Director General also advised: - That Council will be remunerated with 75% of the Part 3A application fee and any

additional fees received for the making of the Environmental Assessment publicly available; - That the Minister for Planning has retained the consent authority role for this project; and - The Environmental Assessment Requirements (EAR) in relation to the Concept Plan. Council officers will now work collaboratively with the Department of Planning, Housing NSW and Landcom to progress the A-B Project Concept Plan. The assessment will be undertaken by Council staff and reported to Council for consideration in due course. Conclusion The Airds-Bradbury public housing estate is in need of revitalisation and enhancement and the A-B Project is considered positive and timely. It is anticipated that the implementation of the Concept Plan over the coming years would improve connectivity, security, social mix and the over all urban design of the A-B Project site. While the project has been declared a major project by the delegate of the Minister for Planning, the assessment process has been delegated back to Council with Council required to make a recommendation to the Minister. The proposed Concept Plan will be presented to Council at a briefing session early this year, and Council will continue to be kept well informed of the progress of the A-B Project.


That the information be noted. Committee’s Recommendation: (Hawker/Oates) That the Officer's Recommendation be adopted. CARRIED Council Meeting 8 February 2011 (Kolkman/Borg) That the Officer's Recommendation be adopted. Council Resolution Minute Number 8 That the Officer's Recommendation be adopted.

Planning and Environment Committee Meeting 1 February 2011 2.4 2010/2011 Living Macarthur Nature Photography Competition

2.4 2010/2011 Living Macarthur Nature Photography Competition

Reporting Officer


Attachments

List of winning entries (distributed under separate cover).

Purpose

To provide Council with an update on the 2010/2011 Macarthur Nature Photography Competition.

History

The Macarthur Nature Photography Competition has been a successful and high profile regional environmental education initiative since 2006, consistently generating significant interest from residents of the Macarthur region, with the number of participants and observers continuing to grow each year. The competition aims to engage local residents with their environment, raise awareness and enhance appreciation of the Macarthur’s unique natural surrounds, and in turn foster residents’ increased stewardship of their natural heritage. In 2009 and 2010 the competition coincided with Campbelltown’s Festival of Fisher’s Ghost so as to maximise ‘visibility’ and create opportunities for cross promotion of Council’s concurrent events and programs. Throughout the competition’s history, funding and logistical support has been provided from various sources. Although Council has continued to coordinate the event, Camden and Wollondilly Shire Councils have provided in-kind and some limited financial contributions throughout the years that the competition has been held.

Report

The 2010 Living Macarthur Nature Photography Competition has now finished, and once again was a success. This was the fifth year of the event, which attracted a record number of participants and generated a high level of community interest. The Awards Night took place at Ingleburn Community Centre on Friday 12 November. Over 130 guests attended the event, with Campbelltown Mayor Councillor Paul Lake officially opening the ceremony. Mr Andy Best, Environmental Educator with the Department of Education and Training and school principal of Harrington Park Public School, was the MC and awarded prizes to winners. Photographer Nick Moir, of the Sydney Morning Herald presented a slideshow of some of his images of wildlife, storms and bushfires, and shared the stories behind them. Catering was provided and environmental and photography themed door prizes were awarded to guests. Staff members from Camden Council and Ingleburn Library and Community Centre were instrumental in coordinating the event.


The 2010 Competition was the largest in scale since the commencement of the event in 2006, in terms of both number of entries received as well as interest from the community. Over 200 entries were received this year, from local residents as well as from participants from as far away as Wagga Wagga. While participation was open to anyone, images were required to be obtained from within the Macarthur region, whether from Council reserves, public bushland, or entrants’ own properties. The calibre of entries also appeared to have improved this year. Images reflected the diverse natural and environmental heritage of the Macarthur region, ranging from cascading waterfalls to picturesque eucalypt expanses to intricate macro shots of the delicate threads of a dragonfly’s wing. An expert guided Walk-n-Talk bushwalk was given in September at Freres Crossing, Kentlyn to interested photographers. The walk was led by outdoor photography expert Maggie Destefanis, who provided instruction on camera and shooting techniques, while Council staff provided insight into the local fauna and flora. Attendance at the walk was higher than expected, and participants responded very positively. This year differed from previous years that the Competition has been held, with each image being entered under one of a series of environmental themes: Our landscapes, Our wildlife (flora or fauna), or Our waterways. The judging panel consisted of Luke Fuda Macarthur Advertiser photographer, Dr David Ellsworth, Professor at the Centre for Plants and the Environment at the University of Western Sydney, and Lisa Havilah, Manager of Cultural Services at Campbelltown City Council. They collaborated on Monday 8 November to reach a decision for the 1st, 2nd and 3rd place winners from each category, who received cash prizes ($300, $200, and $100, respectively). The winners in each category are listed in Attachment 1. The Peoples Choice votes were cast and counted at the Awards Night. The winner was Mrs. Marcia Pidgeon for her portrait of a magpie entitled “Whatcha Looking At?”. She was awarded a compact digital camera donated by sponsors Macarthur Camera House and Canon Australia. The exhibition was on display at Ingleburn Library until Friday 19 November, then in Camden at Narellan Library, Narellan. From 4 December through mid-December it was displayed in Wollondilly at the Council Administration Building located in Picton. A selection of the photos will soon return to Campbelltown, where they will be displayed at various sites, including Council’s reception area and at Macarthur Square. All photos will be returned to entrants shortly thereafter. An online gallery of the images has also been established via “Flickr”, which is accessible directly or as a link from Council’s website. Overall the feedback from the community regarding the night and the Competition has been positive.



That the information be noted. Committee’s Recommendation: (Bourke/Oates) That the Officer's Recommendation be adopted. CARRIED Council Meeting 8 February 2011 (Kolkman/Borg) That the Officer's Recommendation be adopted. Council Resolution Minute Number 8 That the Officer's Recommendation be adopted.

Planning and Environment Committee Meeting 1 February 2011 2.5 Minutes Of The Heritage Protection Sub Committee Meeting Held On 2 December 2010

2.5 Minutes of the Heritage Protection Sub Committee Meeting held on 2 December 2010

Reporting Officer


Attachments

Minutes of the Heritage Protection Sub Committee Meeting held on 2 December 2010.

Purpose

To seek Council's endorsement of the Minutes of the Heritage Protection Sub Committee meeting held on 2 December 2010.

Report

Detailed below are the recommendations of the Heritage Protection Sub Committee. Council officers have reviewed the recommendations and they are now presented for Council's consideration. The recommendations requiring an individual resolution of Council are detailed in the officer's recommendation. Recommendations of the Heritage Protection Sub Committee Reports listed for consideration. 7.1 Heritage Protection Sub Committee Meeting Dates for 2011 1. That the information be noted. 2. That Council Officers provide a verbal update to the Heritage Protection Sub Committee in

relation to Heritage Fund Application Guidelines specific to late applications received by Council, having regard to the 2011 Heritage Protection Sub Committee meeting schedule.

7.2 Lot 1 DP 713646 Glenlee House, Glenlee Road, Menangle Park - Reconstruction of a

Fire Damaged Woolshed Building 1. That Council be advised that the Heritage Protection Sub Committee endorses support, on

Heritage grounds, for Development Application 1999/2001/DA-C relating to the reconstruction of the fire damaged woolshed at the heritage listed Glenlee Estate, and

2. That the owners of the Glenlee Estate be complimented on the quality of their application.


7.3 Lot 1 DP 216516 - Warby's Stables, No's 12-14 Queen Street, Campbelltown -

Alterations to an existing building, and fit out and use of premises as consulting rooms.

That Council be advised of the following comments in relation to Development Application No. 2202/2010/DA-C, relating to alterations to Warby’s Stables: • That the Heritage Protection Sub Committee requests the submission of a detailed landscape

proposal including plant species which are appropriate to the heritage significance of the item and its setting, and

• That the Heritage Protection Sub Committee notes that the later addition located at the rear

of the building is not sympathetic to the heritage significance of the item, and would encourage minor modifications to the external features of the addition to improve its appearance and make it more compatible with the heritage item.

8.1 Heritage Study and Register Review That Council Officers be requested to arrange a special briefing on Thursday 10 February 2011 at 6.00pm for the Heritage Protection Sub Committee in relation to the findings of the Heritage Study and register Review. 8.2 Gift of Time Ceremony That the information be noted. 8.3 Thank You That the information be noted.


1. That the Minutes be noted. 2. That in regard to Item 7.2 - Lot 1 DP 713646 Glenlee House, Glenlee Road, Menangle Park

- Reconstruction of a Fire Damaged Woolshed Building Council be advised that the Heritage Protection Sub Committee endorses support, on Heritage grounds, for Development Application 1999/2001/DA-C relating to the reconstruction of the fire damaged woolshed at the heritage listed Glenlee Estate.

3. That in regard to Item 7.3 - Lot 1 DP 216516 - Warby's Stables, No's 12-14 Queen Street,

Campbelltown - Alterations to an existing building, and fit out and use of premises as consulting rooms Council be advised of the following comments in relation to Development Application No. 2202/2010/DA-C, relating to alterations to Warby’s Stables:

• That the Heritage Protection Sub Committee requests the submission of a detailed

landscape proposal including plant species which are appropriate to the heritage significance of the item and its setting, and

• That the Heritage Protection Sub Committee notes that the later addition located at

the rear of the building is not sympathetic to the heritage significance of the item, and would encourage minor modifications to the external features of the addition to improve its appearance and make it more compatible with the heritage item.


Committee’s Recommendation: (Hawker/Thompson) 1. That the Minutes be noted. 2. That in regard to Item 7.2 - Lot 1 DP 713646 Glenlee House, Glenlee Road, Menangle Park

- Reconstruction of a Fire Damaged Woolshed Building Council be advised that the Heritage Protection Sub Committee endorses support, on Heritage grounds, for Development Application 1999/2001/DA-C relating to the reconstruction of the fire damaged woolshed at the heritage listed Glenlee Estate.


Campbelltown - Alterations to an existing building, and fit out and use of premises as consulting rooms Council be advised of the following comments in relation to Development Application No. 2202/2010/DA-C, relating to alterations to Warby’s Stables:

• That the Heritage Protection Sub Committee requests the submission of a detailed

landscape proposal including plant species which are appropriate to the heritage significance of the item and its setting, and

• That the Heritage Protection Sub Committee notes that the later addition located at

the rear of the building is not sympathetic to the heritage significance of the item, and would encourage minor modifications to the external features of the addition to improve its appearance and make it more compatible with the heritage item.


Campbelltown - arrangements be made for Council to inspect the site. CARRIED Council Meeting 8 February 2011 (Kolkman/Borg) That the Committee's Recommendation be adopted. Council Resolution Minute Number 8 That the Committee's Recommendation be adopted.


ATTACHMENT 1

Minutes of the Heritage Protection Sub Committee Meeting

Held on Thursday 2 December 2010 in Committee Room 3 Meeting commenced at 6.05pm 1. Acknowledgement of Land An Acknowledgement of Land was presented by the Chairperson, Councillor Bourke. 2. Attendance and Apologies Attendance: Councillor Julie Bourke (Chairperson) - Campbelltown City Council

Learna Coupe - Historical Society (Alternate) Jacqueline Green - Historical Society Jenny Goodfellow - Historical Society Robert Wheeler - National Parks Mario Majarich - Qualified person Melissa Plummer - Heritage owner

Also in Attendance: Jim Baldwin - Manager Development Services

Robert Walker - Development Planner Shannon Rickersey - Development Planner Jeff Burton - Strategic Environmental Planner, Campbelltown City Council Jane Worden- Executive Support, Campbelltown City Council David and Trish Wilson, Owners Glenlee House Nicholas Borg, Owner Warby's Stables

Apologies: Councillor Meg Oates - Campbelltown City Council James Gardner - Qualified person

3. Declarations of Interest There were no Declarations of Interest made at this meeting. 4. Minutes of the Previous Meeting Reporting Officer Manager Environmental Planning Report The Minutes of the Heritage Protection Sub Committee Meeting held on 7 October 2010, copies of which were circulated to each Sub Committee Member, were presented to Council for adoption at its meeting held on 9 November 2010.


Council resolved as follows: 1. That the Minutes be noted. 2. That in regard to item 7.1 a letter be sent to local community group - 'Access Action in

Minto' advising that the Heritage Protection Sub Committee support and congratulate them on their initiative in preparing the Minto Historical Brochure.

3. That in regard to item 7.2 - Local Heritage Fund Guidelines, the Heritage Fund allocation

be amended to a maximum of $1,250 per application for the 2011/2012 period. Officer's Recommendation: That the information be noted. Sub Committee's Recommendation: That the information be noted. CARRIED 5. Business Arising from Previous Minutes Reporting Officer Manager Environmental Planning Purpose To report on business arising from the Minutes of the Heritage Protection Sub Committee Meeting held on 7 October 2010. Report A report on the Minutes of the Heritage Protection Sub Committee meeting (held on 7 October 2010) was presented to Council on 16 November 2010. Council resolved as follows: 1. That the Minutes be noted. 2. That in regard to item 7.1 a letter be sent to local community group - 'Access Action in

Minto' advising that the Heritage Protection Sub Committee support and congratulate them on their initiative in preparing the Minto Historical Brochure.

3. That in regard to item 7.2 - Local Heritage Fund Guidelines, the Heritage Fund allocation

be amended to a maximum of $1,250 per application for the 2011/2012 period. The following update is provided on business arising from those relevant items in the Heritage Protection Sub Committee Minutes from its meeting held on 12 August 2010.


7.1 Proposed Minto Historical Brochure by AAIM (Access Action in Minto) That in regard to item 7.1 a letter be sent to local community group - 'Access Action in Minto' advising that the Heritage Protection Sub Committee support and congratulate them on their initiative in preparing the Minto Historical Brochure. Officer’s Comment: Council staff are in regular contact with representatives of 'Access Action in Minto' (AAIM) as part of the ongoing assistance provided to the project by Council. On Tuesday 23 November 2010, correspondence was sent to AAIM representatives to formally express Council’s and the HSPC’s appreciation and congratulations on the project. 7.2 Local Heritage Fund Guidelines 2011 - 2012 That in regard to item 7.2 - Local Heritage Fund Guidelines, the Heritage Fund allocation be amended to a maximum of $1,250 per application for the 2011/2012 period. Officer’s Comment: The Local Heritage Fund Guidelines have been amended to reflect the revised maximum figure of $1,250 per application for the 2011/2012 period. Officer's Recommendation: That the information be noted. Sub Committee's Recommendation: (Green/Goodfellow) That the information be noted. CARRIED 6. Correspondence Nil - There were no items of correspondence. 7. Reports 7.1 Heritage Protection Sub Committee Meeting Dates for 2011 Reporting Officer Manager Environmental Planning Purpose To inform the Heritage Protection Sub Committee of the meeting dates for 2011. Report At the Corporate Governance Committee meeting held on 9 November 2010, it was proposed that a review take place with regard to the frequency of the proposed 2011 meeting dates for all Council Sub Committees.


The Corporate Governance Committee indicated that the review address the regularity of meetings to provide consistency between all of the Council Sub Committees, so that all of the Sub Committees meet on a quarterly basis. As requested, the meeting schedules for Aboriginal Advisory, Community Safety, Heritage Protection and Youth Advisory Sub Committee's have been bought into line with other Sub Committees and now have been allocated four (4) Committee meetings throughout 2011. It should be noted that additional Sub Committee meetings may be called should there be any urgent item of business to be considered by that Sub Committee. An amended Sub Committee meeting calendar for 2011 was provided, which included the following dates for the Heritage Protection Sub Committee: Heritage Protection Sub Committee - Thursday at 6.00pm 10 March 2011 9 June 2011 8 September 2011 3 November 2011

At its meeting of 16 November 2010, Council considered the matter and adopted the amended Sub Committee meeting calendar, including the above dates. Officer's Recommendation: That the information be noted. Sub Committee's Recommendation: (Plummer/Green) 1. That the information be noted. 2. That Council Officers provide a verbal update to the Heritage Protection Sub Committee in

relation to Heritage Fund Application Guidelines specific to late applications received by Council, having regard to the 2011 Heritage Protection Sub Committee meeting schedule.

CARRIED 7.2 Lot 1 DP 713646, Glenlee House, Glenlee Road, Menangle Park – Reconstruction of a

Fire Damaged Woolshed Building Reporting Officer Manager Development Services Purpose The purpose of this report is to seek the support, on heritage grounds, of the Heritage Protection Sub-Committee for development application 1999/2001/DA-C relating to the reconstruction of the fire damaged woolshed at the heritage listed Glenlee Estate.


Introduction The Glenlee Estate is located at Lots 1, 2 and 3 DP 713646, Glenlee Road, Menangle Park. The property is listed as an item of environmental heritage under Council's Interim Development Order No.15 - City of Campbelltown and is an item of state heritage significance under the Heritage Act 1977 (State Heritage Register). The site contains a colonial homestead, a number of detached outbuildings and a woolshed. The woolshed was destroyed by fire in 2009 and the remains consist only of fire damaged support poles. The colonial homestead is surrounded by rural properties to the east and south, and the southern railway line runs across the north western boundary of the site. An olive grove covers a large portion of the property. Access to the site is via Glenlee Road which runs through adjoining properties and connects to Menangle Road. The Proposal Council has received a development application for the reconstruction of a fire damaged woolshed building located within the heritage listed Glenlee Estate. In this respect it is noted that the main homestead (and woolshed) is located on Lot 1, and the internal road and surrounding olive grove are on Lots 2 and 3 respectively. The proposed structure is a replication of the pre-existing woolshed building in terms of its form, appearance, location and use. It is proposed to operate as an ancillary use to the main homestead, comprising an entertaining area with bedrooms for guests. Minor changes are proposed to the pre-existing internal accommodation to provide more modern conveniences. Proposed materials have been selected to replicate the original building, given that the re-use or salvaging of materials was not possible given the extensive destruction caused by the 2009 fire incident. Fire damaged - fencing and posts of the adjoining tennis court are also proposed to be replaced. Stone paving located adjacent to the site is to be retained. Heritage Impact Statement – Donald Ellsmore Pty Ltd A Heritage Impact Statement (HIS) was submitted in support of the application by Donald Ellsmore Pty Ltd - Heritage and Conservation Services. The HIS assessed the significance of the Glenlee Estate and the woolshed, and the potential impact of the proposed reconstruction on the heritage significance of the Glenlee Estate.

• The following key points were made in the HIS: • The cultural significance of Glenlee Estate is high at a state and local level and is

registered as an item of State Heritage Significance. • The significance of the woolshed in itself is considered to be low in terms of its fabric and

form, but is a contributing element in the significance of the site. It also reflects the historical evolution of the estate and the change in agricultural practices that took place.

• Glenlee homestead dates back to 1823 and the woolshed was built around 1900. Sheep

grazing does not appear to have been a significant activity at Glenlee.


• The woolshed was extended to include accommodation in 1980s. • The woolshed was in poor condition at the time the current owners acquired the property,

and was later repaired to a reasonable state. • A replica structure would contribute to the overall significance of the site and is a more

favourable outcome than demolishing and removing the fire destroyed remains. The HIS supports the proposed development, concluding that the reconstruction of the woolshed would have a positive impact on the significance of the homestead and the principal significance of the place as an early colonial homestead complex. The HIS has been reviewed by Council’s planning staff and its contents and conclusions are considered to be an accurate and reasonable assessment of the proposal. Relevant Statutory Matters The proposed development has been assessed in accordance with the prescribed matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979. Those statutory matters relevant to the assessment of the potential impacts on the heritage significance of the subject item are discussed below. i. Heritage Act 1977 Glenlee Estate is listed on the State Heritage Register (SHR) under Part 3A of the Heritage Act 1977. Section 57 of the Heritage Act 1977 prescribes that the development of an item listed on the SHR requires the approval of the NSW Heritage Council prior to works occurring (except for minor works). The relevant Heritage Council approval has been obtained for the subject development under Section 60 of the Heritage Act 1977 and is included as Attachment 4. In this respect, it is noted that the approval includes the following conditions:

• All work is to comply with the plans and heritage report submitted. • The historic sandstone flooring is to be protected during works. • If any archaeological works are discovered during excavation, then works are to cease and

the Heritage Branch is to be contacted. It is considered that the proposed development is consistent with, and able to be undertaken in full compliance with the Heritage Council Section 60 Approval. ii. Interim Development Order No. 15 – City of Campbelltown The site is located within Zone No. 1 under the provisions of Interim Development Order No. 15 – City of Campbelltown (IDO 15). Glenlee house, outbuildings, garden and gate lodge are identified in Schedule 4 of IDO 15 as items of environmental heritage. Clause 19 of IDO 15 states:


19. (1) A person shall not, in respect of a building, work, relic or place that is an item of the

environmental heritage –

(a) demolish, renovate or extend the building or work; except with the consent of the Council.

(2) The Council shall not grant consent as referred to in subclause (1) unless it has

made an assessment of –

(a) the significance of the item as an item of the environmental heritage of the City of Campbelltown;

(b) the extent to which the carrying out of the development in accordance with the

consent would affect the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the item and its site;

(c) whether the setting of the item and, in particular, whether any stylistic,

horticultural or archaeological features of the setting, should be retained; and (d) whether the item constitutes a danger to the users or occupiers of the item or to

the public.

The significance of the environmental heritage of the Glenlee Estate and the impact of the proposed development on the heritage significance of that item have been considered by the Heritage Impact Statement submitted with the development application, and the findings that there will be no adverse heritage impacts are generally supported. The fire destroyed building is currently fenced off from access and does not pose a direct threat to the owners or visitors to the property. Further, Clause 6 of IDO 15 states:

6. Where application is made to the Council for consent or approval:

(a) to carry out development within view of any waterway or adjacent to any main road, railway or public reserve, the Council shall take into consideration the probable aesthetic appearance of the development when used for the proposed purpose and viewed from such waterway, main road railway, or public reserve.

The fire destroyed wool shed is located to the south east of Glenlee House and the view to it from the southern railway is obscured by the house and vegetation. Notwithstanding the fact that the shed is obscured from view, it is considered that the aesthetic appearance of a reconstructed woolshed would be an improvement on the current state of the fire destroyed structure. iii. Campbelltown Development Control Plan No.83 – Heritage Policy Development Control Plan No.83 – Heritage Policy (DCP 83) outlines Council’s approach to conserving the numerous heritage items located in the Campbelltown Local Government Area and provides guidance in current heritage practice.


The objectives of the plan are outlined under Part of DCP 83 as follows:

a) To assist in the conservation of Campbelltown’s heritage items; b) To encourage an awareness and understanding of local heritage conservation; c) To provide incentives for the conservation of a heritage item; d) To provide guidelines for the development, change and use of a heritage item; e) To indicate when a development application is required; and f) To indicate when supporting information is required to accompany a development

application. Part 2 of DCP 83 outlines the circumstances where development consent is required for particular works and includes the ‘rebuilding of a heritage item’. Part 3 of DCP 83 outlines the design principles and elements to be taken into consideration in conserving, developing and using heritage items. An assessment of the application has been undertaken in accordance with the relevant objectives and design principles and elements of DCP 83, and the proposal is considered to satisfactorily comply with these guidelines. It is considered that the proposed development would not have an adverse impact on the heritage significance of the Glenlee Estate nor would it have an adverse impact on the views to and from the building. As such, it is considered that the application is consistent with the provisions of Campbelltown Development Control Plan No.83 Heritage Policy. iv. Campbelltown (Sustainable City) Development Control Plan 2009 Section 2.11 of the Campbelltown (Sustainable City) Development Control Plan 2009 (SCDCP) contains the relevant provisions relating to heritage conservation within the Campbelltown Local Government Area. The objectives of this Section are:

• Ensure that new development takes appropriate account of the significance of heritage items, heritage conservation areas, relics and their settings;

• Respect the City's indigenous and non-indigenous heritage resource; and • Promote the protection or conservation of those resources wherever possible.

The above objectives and general requirements of the SCDCP relating to heritage conservation have been considered and addressed as part of the Heritage Impact Statement provided with the application. On the basis of this information, it is considered that the application sufficiently addresses the heritage conservation requirements of the SCDCP, and that the proposed development would not have an adverse impact on the heritage significance of the site.


Conclusion The proposed development is to reconstruct a fire damaged woolshed within the heritage listed Glenlee Estate, in replication of the pre-existing structure. The Glenlee Estate is an item of heritage significance identified under IDO 15 and the NSW Heritage Act 1977. In accordance with statutory requirements for items listed on the State Heritage Register, a Section 60 approval for the proposal has been obtained from the NSW Heritage Council. The application has been assessed against all relevant statutory requirements and it is considered that the heritage significance of the homestead and the woolshed would be retained as a result of the reconstruction of the fire damaged structure. Accordingly, the application is supported subject to the imposition of appropriate conditions, including compliance with the Section 60 Approval issued by the NSW Heritage Council. Officer's Recommendation: That the Heritage Protection Sub Committee advise Council of its support, on Heritage grounds, for Development Application 1999/2001/DA-C relating to the reconstruction of the fire damaged woolshed at the heritage listed Glenlee Estate. Sub Committee's Recommendation: (Wheeler/Green) The Heritage Protection Sub Committee resolved as follows: 1. That Council be advised that the Heritage Protection Sub Committee endorses support, on

Heritage grounds, for Development Application 1999/2001/DA-C relating to the reconstruction of the fire damaged woolshed at the heritage listed Glenlee Estate, and

2. That the owners of the Glenlee Estate be complimented on the quality of their application. CARRIED 7.3 Lot 1, DP 216516 – Warby’s Stables, No’s12-14 Queen Street, Campbelltown –

Alterations to an existing building, and fit out and use of premises as consulting rooms

Reporting Officer Manager Development Services Purpose The purpose of this report is to seek comments from the Heritage Protection Sub-Committee to assist with the determination of Development Application 2202/2010/DA-C relating to alterations to Warby’s Stables, and the fit out and use of the premises as consulting rooms.


Introduction Warby's Stables is one of two remaining outbuildings from the original Warby estate called "Leumeah". The other remaining structure from the estate is Warby's Barn, which is now under separate ownership on an adjacent allotment. The subject property is located at No’s 12 - 14 Queen Street and is legally described as Lot1 DP 216516. Warby’s Stables (and Barn) is listed as a heritage item of State significance under the Heritage Act 1977 (State Heritage Register), and also Schedule 1 of Campbelltown (Urban Area) Local Environment Plan 2002. The Proposal The development application is for modifications to Warby's Stables, including the removal of the former restaurant fit out, to make the building suitable for commercial consulting rooms (chiropractic facility). A summary of the proposed external works is as follows:

• Demolish timber clad, roofed store enclosure at the rear of the building and make good external walls. This will expose the original external stone walls.

• Removal of seven (7) trees of various stages of maturity that have grown close to the building walls and represent a potential risk to the structural integrity of the building.

• Repair and replace all failed gutters, downpipes and rainwater goods to protect the building from water damage.

• Provide a new entry door and external ground slab under the elliptical coach way arch that permits disabled access. Salvage stone flagging at coach way opening for use elsewhere on the site.

• Sealing the old front door shut to allow for internal stairway modifications and BCA compliance.

A summary of the proposed internal works is provided as follows:

• Retain and protect all original stonework, the original floor boards and framing, and the original half trunk collar ties.

• Remove non-complying and redundant elements of the restaurant fit out. • Introduce new partitioning for consulting rooms. • Modify the stair to improve its compliance with the Building Code of Australia (BCA) –

this requires sealing the old front door shut. • Provide a ramp between the two tiled levels for disabled access. Provide a

continuous path of accessible travel to AS1428.1 2009 through the building. • Provide a complying disabled bathroom. • Remove leaking shower above stairs and replace with a properly waterproofed toilet

and basin. • Provide complying disabled entry ramps to AS1428.1 2009. • Provide an office, kitchenette and laundry in the rear (1970s) addition. • Raise the upper floor ceiling to nine feet (2745mm) with longer raking elements.

Introduce a 2745mm high ceiling at the rear of the single storey section. The high ceiling will be retained at reception.


• Introduce plasterboard linings where required against exposed stone instead of

render. • Replace the downstairs air conditioning with new and more efficient split systems

utilising existing penetrations. Extend the upper air conditioning across to the southern half of the upper floor.

• Remodel the bathrooms to reduce the number of facilities to be in keeping with the requirements for consulting rooms as opposed to a restaurant. Restore one of these rooms as a consulting room.

• Demolish redundant grease pit. Heritage Impact Statement – Paul Davies Pty. Ltd. A Heritage Impact Statement (HIS) was submitted in support of the application by Paul Davies Pty. Ltd. – Heritage Consultants. The HIS assessed the significance of Warby’s Stables, and the potential impact of the proposed works on the heritage significance of such. The following key points were made in the HIS:

• No original fabric will be damaged during the works. There may need to be some trimming of the floor boards to achieve the wider stairway, but this will be minimal and is required to improve safety egress from the building. The stonework, flooring and timber framing will not be damaged.

• Repairing the gutters and downpipes will remove a source of damage to the stone and protect the fabric.

• The removal of the timber clad enclosure to the east of the original building will recover views of the external wall that are presently concealed. It will greatly improve the presentation of the structure.

• Much of the work removes detracting elements introduced for the restaurant use and recovers some spaces to a use closer to the original.

• The removal of 1970s partitioning, wainscoting, faux shingles (internal) and some of the lower ceilings will restore a more sophisticated character to a building designed in the simple Georgian period.

• New partitioning will compartmentalise the space, but the partitions are all lightweight stud work and are reversible.

• The work to the stair is required to improve occupant safety. The stair is a later addition and any works to it will not impact upon the heritage character of the building. The dispensation to retain the stair in its present position, and allow the minor non-compliances that will still remain after the works will greatly reduce any potential impact upon the heritage fabric. A fully compliant stair would require significantly more original flooring to be removed.

• Providing disabled access through the building will not affect the historic fabric. The new disabled bathroom is to be installed in a later addition, and connected to existing plumbing. The ramp between the two sections of building is in a later floor slab.

• The removal of the shower above the toilet removes another potential problem of water leakage inside the building. The new toilet will be fully waterproofed to meet modern standards. This will protect the building from damage.


• It is unfortunate that the stone flagging discovered at the foot of the coach way arch

cannot be retained in situ. However the need to provide disabled access is more critical in this case. The flagstones are to be carefully salvaged and stored on site, to be used for future flagging in a significant location, such as in front of the west façade. The new ramp will involve setting a concrete slab against the existing slab, which is not original.

• The design provides for an office, a kitchenette and laundry, all of which are located in the 1970s addition where they will have no impact on historic fabric.

• The present doorway under the elliptical archway does not comply with disabled access, and is also a poor response to the opening. A new joinery door is proposed that respects Georgian proportion, complies with the codes, and emphasises the elliptical arch with only a plate of glass infill.

• Raising the ceilings in the upper floor will improve the sense of space and is a positive step away from the tight spaces of the 1970s fit out. The partial reduction of ceilings in the single storey wing will reduce the sense of volume in this space, but the retention of the high ceiling over the reception area moderates this. The new ceilings are a reversible element that does not impact upon the original fabric. The new ceilings and partitioning is critical to the new use.

• The junctions where new plasterboard partitions meet the rough stone walls could be dealt with a number of ways. As these walls were originally plastered it would be appropriate to replaster the walls as long as it was done in lime rich plaster and not cement rich render as has been done in the 1970s works. It would also be appropriate to line these walls with plasterboard on battens, which would give a good finished surface while still being a reversible action. Also the walls could abut the stone with a suitable sealant that was removable. Each of these options will protect significant fabric.

• The extension of the air conditioning to the south end of the upper floor will have some minor impact upon the space, but like the new ceilings and partitions, this change is reversible and essential to the functioning of the use. New air conditioning will use the same penetrations as the existing use, so no new openings are proposed. On this basis the change is a minor alteration of low impact.

• The replacement of the downstairs air conditioning will have negligible affect as there is already a large air conditioning unit above the toilet ceilings. This is a replacement of new system for old and will improve the efficiency of the services in the building.

• The removal of the men’s bathroom and conversion to a consulting room is a positive outcome in terms of heritage. It removes a detracting element from the interior and replaces it with a neutral consulting room. This work will clean up the unsightly cool room and remove the tight partitioning and incompatible fixtures from the bath to make an open space where the interior can be appreciated more fully. This work also will restore two windows to a more normal configuration in the space.

• The grease pit is a redundant feature since the kitchen has been removed. This work will remove another detracting element and infill the space and return it to grass.

• The proposal to remove the numerous trees located hard against the building is also a positive outcome for the significance of the building. These trees are so close that they are likely to be causing damage to the structure and need to be removed as elements that threaten the structure in the long term.

• Other external works are limited to some minor adjustments to fences.


The HIS supports the proposed development, concluding that the proposal represents a suitable use of critical importance to the conservation of the building. The proposed use will ensure the ongoing maintenance of the building and prevent the slow deterioration that inevitably follows lack of occupancy. The HIS has been reviewed by Council’s Planning Staff, and its contents and conclusions, are considered to be an accurate and reasonable assessment of the proposal, subject to further liaison with the author of the HIS concerning a small number of minor matters that need to be resolved prior to final determination. Relevant Statutory Matters The proposed development has been assessed in accordance with the prescribed matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979. Those statutory matters relevant to the assessment of the potential impacts on the heritage significance of the subject item are discussed below. i. Heritage Act 1977 Warby’s Stables is listed on the State Heritage Register (SHR) under Part 3A of the Heritage Act 1977. Section 57 of the Heritage Act 1977 prescribes that the development of an item listed on the SHR requires the approval of the NSW Heritage Council prior to works occurring (except for minor works). The application has been referred to the Heritage Council for the relevant approval in accordance with the requirements of the Heritage Act 1977, and a response is still pending. Accordingly, further consideration of this matter by Council, including any comments or conditions of the Heritage Council, will be made in due course prior to the determination of the subject application. ii. Campbelltown (Urban Area) Local Environmental Plan 2002 Warby’s Stables is identified in Schedule 1 of Campbelltown (Urban Area) Local Environmental Plan 2002 (LEP 2002), as a heritage item of State significance. Clause 43 of LEP 2002 states: The objectives of this plan in relation to heritage are:

(a) to conserve the environmental heritage of the City of Campbelltown, and (b) to conserve the heritage significance of existing significant fabric, relics, settings and

views associated with the heritage significance of heritage items and heritage conservation areas, and

(c) to ensure that archaeological sites and places of Aboriginal heritage significance are conserved, and

(d) to allow for the protection of places which have the potential to have heritage significance but are not identified as heritage items, and

(e) to ensure that the heritage conservation areas throughout the City of Campbelltown retain their heritage significance.


The application is considered to be consistent with the above objectives with respect to promoting the conservation of the subject item, and detailed assessment is being undertaken to ensure the proposal can be undertaken in a manner which is sympathetic to the heritage significance of the item. The assessment of the significance of the environmental heritage of Warby’s Stables and the impact of the proposed development on the subject item is further discussed in relation to the Heritage Impact Statement submitted with the Development Application. iii. Campbelltown Development Control Plan No. 83 – Heritage Policy Development Control Plan No.83 – Heritage Policy (DCP 83) outlines Council’s approach to conserving the numerous heritage items located in the Campbelltown Local Government Area and provides guidance in current heritage practice. The objectives of the plan are:

(a) To assist in the conservation of Campbelltown’s heritage items; (b) To encourage an awareness and understanding of local heritage conservation; (c) To provide incentives for the conservation of a heritage item; (d) To provide guidelines for the development, change and use of a heritage item; (e) To indicate when a development application is required; and (f) To indicate when supporting information is required to accompany a development

application. Part 2 – Development Consents outlines the circumstances where development consent is required for particular works and includes the ‘rebuilding of a heritage item’. Part 3 – Conservation Guidelines outlines the design principles and elements to be taken into consideration in conserving, developing and using heritage items.

An assessment of the application suggests that the proposed development is generally consistent with the objectives and design principles and elements as stated in the DCP. Further assessment is being undertaken by Council to ensure that detailed elements such as the new entry door, demolition works and tree removal will be appropriately managed to mitigate any adverse impacts on the heritage significance of the property. Given that the proposed use is generally low impact with respect to the original fabric and setting of the building, it is considered that the proposed development could occur without adverse impact on the heritage significance of the Warby’s Stables. As such, it is considered that the application is consistent with the provisions of Campbelltown Development Control Plan No. 83 Heritage Policy. iv. Campbelltown (Sustainable City) Development Control Plan 2009 Section 2.11 of the Campbelltown (Sustainable City) Development Control Plan 2009 (SCDCP) contains the relevant provisions relating to heritage conservation within the Campbelltown Local Government Area.


The objectives of this Section are:

• Ensure that new development takes appropriate account of the significance of

heritage items, heritage conservation areas, relics and their settings; • Respect the City's indigenous and non-indigenous heritage resource; and • Promote the protection or conservation of those resources wherever possible.

The above objectives and general requirements of the SCDCP relating to heritage conservation have been addressed by the Heritage Impact Statement and the assessment of the proposal under DCP 83. On the basis of this information, it is considered that the application would actively promote the conservation of the building in a manner which is compatible with the heritage significance of the building. Accordingly, it is considered that the application satisfactorily complies with Section 2.11 of the SCDCP. Conclusion Warby’s Stables (and Barn) is listed as a heritage item of State significance under the Heritage Act 1977 (State Heritage Register), and also schedule 1 of Campbelltown (Urban Area) Local Environment Plan 2002. The subject development application is for modifications to Warby's Stables to make the building suitable for commercial consulting rooms (chiropractic facility). The building was previously used as a restaurant and is currently vacant. It is considered that the heritage significance of the item would be actively promoted by introducing a viable commercial use to ensure the continued care and maintenance of the building. Council officers are continuing the assessment of the proposal to ensure that the detailed elements of the proposal are appropriately managed to ensure that the optimum design outcome is attained having regard to the heritage significance of the building. The application has been assessed against the relevant statutory requirements and it is considered that the application may be approved by Council, subject to the approval of the NSW Heritage Council (pending). Officer's Recommendation: That the Heritage Protection Sub Committee considers Development Application No. 2202/2010/DA-C, relating to alterations to Warby’s Stables, and the fit out and use of the premises as consulting rooms, and provide comments to assist with the determination of the application by Council. Sub Committee Note: That Council Officers provide an update to the Heritage Protection Sub Committee members in relation to the Development Application No. 2202/2010/DA-C, relating to alterations to Warby’s Stables at a future meeting of the Heritage Protection Sub Committee.


Sub Committee's Recommendation: (Goodfellow/Majarich) That Council be advised of the following comments in relation to Development Application No. 2202/2010/DA-C, relating to alterations to Warby’s Stables: • That the Heritage Protection Sub Committee requests the submission of a detailed landscape

proposal including plant species which are appropriate to the heritage significance of the item and its setting, and

• That the Heritage Protection Sub Committee notes that the later addition located at the rear

of the building is not sympathetic to the heritage significance of the item, and would encourage minor modifications to the external features of the addition to improve its appearance and make it more compatible with the heritage item.

CARRIED 8. General Business 8.1 Heritage Study and Register Review Council's Strategic Environmental Planner advised the Heritage Protection Sub Committee that the draft Heritage Study and Register Review is now completed and requested that the Heritage Protection Sub Committee nominate a date early next year to schedule a special briefing for Sub Committee members in relation to the findings of the Heritage Study and Register Review. It was noted that the proposed briefing would run for approximately 2 hours. The Heritage Protection Sub Committee suggested that Thursday 10 February 2011 at 6.00pm at Campbelltown City Council would be an appropriate date to arrange a special briefing for Sub Committee members in relation to the findings of the Heritage Study and Register Review. Sub Committee's Recommendation: (Plummer/Goodfellow) That Council Officers be requested to arrange a special briefing on Thursday 10 February 2011 at 6.00pm for the Heritage Protection Sub Committee in relation to the findings of the Heritage Study and Register Review. CARRIED 8.2 Gift of Time Ceremony Council's Strategic Environmental Planner advised the Heritage Protection Sub Committee that the Mayor has extended an invitation to Sub Committee members to attend the 'Gift of Time' Ceremony which recognises the valuable work or our city's volunteers. The ceremony will be held on Friday 10 December 2010 at 10.00am to 12.00pm at the Campbelltown Civic Hall. It was noted that an invitation has been mailed out to Heritage Protection Sub Committee members for their consideration. It was noted that both the Campbelltown Airds Historical Society and the Campbelltown and Districts Lapidary Club were not informed of the Gift of Time Ceremony by Council this year. Council Officers gave an undertaking to advise the Manager Communications & Marketing of this matter.


Sub Committee's Recommendation: (Green/Wheeler) That the information be noted. CARRIED 8.3 Thank You The Chairperson of the Heritage Protection Sub Committee thanked Council Officers and members of the Heritage Protection Sub Committee for all their efforts and contributions during the year. Sub Committee's Recommendation: (Green/Wheeler) That the information be noted. CARRIED Next meeting of the committee will be held on Thursday 10 March 2011 at 6.00pm in Committee Room 3. Councillor Julie Bourke Chairperson Meeting concluded at 7.30pm

Planning and Environment Committee Meeting 1 February 2011 3.1 Development Services Section Application Statistics - December 2010

3. DEVELOPMENT SERVICES

3.1 Development Services Section Application Statistics - December 2010

Reporting Officer

Manager Development Services

Attachments

Development Services Application Statistics for December 2010 (distributed under separate cover).

Purpose

To advise Council of the status of development applications and other key matters within the Development Services Section.

Report

In accordance with Council's resolution that Councillors be provided with regular information regarding the status of development applications, the attachment to this report provides details of key statistics for December 2010 as they affect the Development Services Section.


That the information be noted. Committee’s Recommendation: (Thompson/Bourke) That the Officer's Recommendation be adopted. CARRIED Council Meeting 8 February 2011 (Kolkman/Borg) That the Officer's Recommendation be adopted. Council Resolution Minute Number 8 That the Officer's Recommendation be adopted.

Planning and Environment Committee Meeting 1 February 2011 3.2 No. 16 St Johns Road, Campbelltown - Conversion Of An Existing Convent Into A Church

With Associated Construction Of A Car Park, Fence And Building Additions

3.2 No. 16 St Johns Road, Campbelltown - Conversion of an existing convent into a church with associated construction of a car park, fence and building additions

Reporting Officer


Attachments

1. Recommended conditions of consent 2. Locality plan 3. Site Plan 4. Existing elevations 5. Proposed elevations 6. Existing floor plan 7. Proposed floor plan 8. Carport floor plan 9. Fence/floor plan 10. Fence detail 11. Car park detail

Purpose

To assist Council in its determination of the subject modification application in accordance with the provisions of the Environmental Planning and Assessment Act 1979. Property Description Lot 3 DP 1009047 Good Samaritan Convent, No. 16 St Johns Road,

Bradbury

Application No 1204/2010/DA-C

Applicant Mr Bishoy Marcus

Owner Coptic Orthodox Church NSW Property Trust

Statutory Provisions Campbelltown (Urban Area) Local Environmental Plan 2002

Campbelltown (Sustainable City) Development Control Plan 2009

Development Control Plan No.82 - Religious Establishment Policy

Other Provisions Campbelltown 2025 Looking Forward

Date Received 3 June 2010

History

Consent No. D85/62 for 'The Erection of a Convent', was approved on 29 March 1985 under delegated authority.



Report

Introduction Council has received a development application for the conversion of a premises, formerly used as a convent, into a church at No. 16 St Johns Road, Bradbury. The proposal also includes the construction of an associated car park, fence and building additions. The development application was notified to nearby residents and several submissions in opposition to the proposal have been received. The Site The subject site is located on the eastern side of St Johns Road, Bradbury, adjoining St Patrick's Girls High School. The site area is 7823sqm and is approximately rectangular in shape with dimensions of 72m x 103m. The site currently contains a single storey convent building and carport. The convent building is setback approximately 16.5 metres from the southern boundary, 30 metres from the eastern boundary, and 13.5 metres from the street boundary. Development adjoining the site comprises of one and two storey dwellings on the eastern and southern boundaries and St Patrick’s College to the north (separated by a private access road leading to St Thomas More Primary School). Two demountable buildings are currently located at the site. No approval has been sought for these structures as part of this application. The Proposal The alterations and additions proposed as part of this development application include:

• The removal of internal bedroom walls and part of the external wall on the northern side of the convent and the construction of a new extension to the external wall to create a prayer area for the church, sized at 211square metres;

• The demolition of an external wall to the existing meeting room and an extension of its floor

area to 74 square metres, with the construction of new external walls; • The construction of new amenities accessed externally from the building; • The construction of extensions to the existing car port; • The construction of a 21 space car park; • Widening of the existing driveway; and • The construction of a brick fence with wrought iron infill along the front boundary including

a gated entry with two pillars/small tower structures Four bedrooms of the convent would be retained for use as permanent accommodation by church staff.



The proposed schedule of church services and estimated number of visitors included in the application is as follows:

Day Times Activity Visitors Friday 5:00am to 7:00am The Holy Liturgy 5 persons Friday 8:00pm to 10:30pm Youth Meeting 6 persons Saturday 9:00am to 11:00am The Holy Liturgy 20 persons Saturday 6:00pm to 7:00pm Night Service 10 persons Sunday 8:00am to 11:00am The Holy Liturgy 60 persons Sunday 12:00pm to 1:00pm Sunday School 60 persons

Visitors would also usually have tea and coffee after services and occasionally stage a barbeque. Assessment The development has been assessed having regard to the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979 (EP&A Act). Section 79C(1)(a) requires that Council consider the provisions of environmental planning instruments, development control plans and other legislation when making its determination of an application. Assessment of the application includes consideration of the impacts the development may have on the surrounding natural and built environments. i. Campbelltown 2025 Looking Forward ‘Campbelltown 2025 Looking Forward’ is a statement of broad town planning intent for the longer term future of the City of Campbelltown that: • Responds to what Council understands people want the City of Campbelltown to look, feel

and function like; • Recognises likely future government policies and social and economic trends; and • Sets down the foundations for a new town plan that will help achieve that future. The document establishes a set of strategic directions to guide decision making and development outcomes. These directions are broad in nature and form a prelude to a new statutory town plan for the City. The strategic directions relevant to this application are: • Protecting and enhancing the City's key environmental assets; and • Building a distinctive Campbelltown sense of place. The proposed development is considered to be generally consistent with these directions.



Relevant desired outcomes of the strategic directions included in Campbelltown 2025 include: • Development and land use that matches environmental capacity and capability;

• Campbelltown City will have an enhanced imagery that conveys:

- An ambience of growth, prosperity and contemporary style (on the move and a

community ‘will’ to achieve the best);

• An impression of architecture that engages its environmental context in a sustainable way; and

• A proud community cultural diversity that is engrained in the public domain (e.g. signature elements that ‘mean’ Campbelltown).

The proposal is considered to be generally consistent with the relevant desired outcomes within Campbelltown 2025 as the proposed development and land use matches the environmental capacity of the site and is compatible with the residential intent of the general area. Accordingly, it is considered that in general terms the development would not have an adverse impact on the surrounding locality and is located in a site that is suitable for the proposed use. ii. Campbelltown (Urban Area) Local Environmental Plan 2002 The subject site is zoned 2 (b) Residential B Zone under the provisions of Campbelltown (Urban Area) Local Environmental Plan 2002. The proposed development is defined as a “religious establishment” and is permissible with Council’s development consent within the zone. The proposal is consistent with several zone objectives, particularly:

To allow development which:

(i) is compatible with residential use, and

(ii) is capable of visual integration with the surrounding buildings, and

(iii) serves the needs of the surrounding population without conflicting with the residential intent of the zone, and

(iv) does not place demands on services beyond the level reasonably required for residential use.

It is a requirement of the Campbelltown (Urban Area) Local Environmental Plan 2002 that the proposed development must be consistent with at least one of the zone objectives in order for Council to grant development consent. It is considered that the proposed development is consistent with at least one of the zone objectives and is permissible in the zone, therefore Council is able to grant consent to the proposed development should it deem it appropriate to do so.



iii. Campbelltown (Sustainable City) Development Control Plan 2009 The application has been assessed having regard to Council’s Campbelltown (Sustainable City) Development Control Plan 2009 (CSC DCP 2009). The aim of the plan is to identify objectives and design requirements for all aspects of development permissible under Council’s LEPs and IDOs. The aims of the CSC DCP 2009 are to: • Ensure that the aims and objectives of any relevant EPI including Campbelltown's LEPs

and IDOs are complemented by the Plan; • Ensure that the principles of ecological sustainability are incorporated into the design,

construction and ongoing operation of development; • Facilitate innovative development of high quality design and construction in the City of

Campbelltown; • Ensure that new development maintains or enhances the character and quality of the

natural and built environment;

• Ensure that new development takes place on land that is capable of supporting development;

• Encourage the creation of safe, secure and liveable environments; and • Ensure that new development minimises the consumption of energy and other finite

resources, to conserve environmental assets and to reduce greenhouse gas emissions. It is considered that the proposal is compatible with the relevant aims of the plan. The CSC DCP 2009 currently does not contain any prescriptive development standards for the development of religious establishments with the exception of car parking rates. An assessment of the proposal against the DCP has been carried out and is detailed below. Control Requirement Proposal Complies

Car parking design

1 space per 10sqm LFA 28 spaces 21 Spaces No

Under the rates contained in Part 5.4 of CSC DCP 2009, the development is required to provide 1 car parking space per 10sqm of leasable floor area. The proposed additions and alterations would result in a prayer area of 211sqm, a meeting room of 74sqm, an amenities area of 33sqm in size. Bedroom, dining and kitchen areas of the convent are to be kept separate from the church. The car parking required under CSC DCP 2009 amounts to 28 car parking spaces, however the applicant has proposed to construct a car park with 21 car parking spaces. The estimated number of visitors that will attend the largest Sunday service is approximately 60 persons of which approximately 40 people would travel by car to the service. In defending the shortfall, the applicant has submitted that the average demand for car parking would be 15 cars (2.7 persons per car) for the Sunday service.



Assuming that if all of the estimated 60 persons attended the site and travelled by car at an average of 3 persons per car, then 20 car parking spaces would be required. Council’s other relevant development control plan (see below) requires significantly less car parking spaces to be provided for the proposal (6 car parking spaces). Therefore on balance it is considered that adequate parking is provided for a maximum number of 60 patrons. Any adjustments to these patron numbers would require the provision of additional parking. iv. Development Control Plan No.82 - Religious Establishment Policy The proposal has also been assessed having regard to Council's Development Control Plan No.82 - Religious Establishment Policy (DCP 82). The aim of the DCP is to clearly set out Council's requirements for the establishment of religious establishments throughout the City. The aims of the DCP are: a) To provide a set of guidelines to assist people interesting in establishing a religious

establishment in the Campbelltown LGA; b) To ensure the process of dealing with any development proposal is consistent, fair and

accessible to all religious groups regardless of their racial or cultural backgrounds; c) To assist religious groups and the public in their understanding of the issues Council

examines when considering any development proposal; d) To create an amenity which promotes community harmony between religious groups and

adjoining and existing land users; and e) To provide a flexible and innovative approach when dealing with planning for religious

establishments. Development Control Plan No. 82 - Religious Establishments (DCP 82) applies to the subject development type. The Plan contains Council's objectives and controls for the development of religious establishment premises throughout the City. DCP 83 establishes a set of criteria that should be investigated as part of selecting a site where an applicant wishes to commence use as a religious establishment. The DCP states:

"Locations should be deemed suitable not only on the basis of their zoning, but also their capacity to meet the needs and expectations of the religious groups' current and future requirements. It is also desirable that sites allow harmonious co-existence with adjoining land owners."

In this instance it is considered that the site is suitable for the proposed development. The existing convent is a relatively small building with a scale and appearance similar to that of dwellings in the vicinity. The proposed additions do not significantly alter the appearance of the existing structures. The subject site is quite large and the buildings and car parking is well setback from the buildings adjoining the subject property.



Other relevant matters contained in DCP 82 are discussed as follows: Design of buildings The DCP requires that religious establishment buildings in residential areas be set back from boundaries the same or greater distance than adjoining residential buildings. The proposal complies with this requirement. Landscaping DCP 82 requires that religious establishment sites be well landscaped, particularly along boundaries in order to reduce their impact on residential area streetscapes. The DCP also recommends that existing trees be retained where possible. The proposal would retain the majority of trees on the site (the exception being the removal of trees located within the proposed car park) including medium sized trees located along the front and southern boundaries. Landscaping bays are also proposed within the car park. It is considered that there is sufficient existing landscaping that screens the convent building from adjoining properties and the street. Additional landscaping should be provided in front of the proposed car park to reduce its visual impact on the streetscape. Operation of the establishment DCP 82 requires that both the applicant and Council take into account the impact of the establishment on adjoining neighbours by considering matters such as the number of visitors, hours of use, noise levels and the types of activities undertaken at the site. As detailed earlier in this report, the proposed operating hours and likely number of visitors is as follows:

Day Times Activity Visitors Friday 5:00am to 7:00am The Holy Liturgy 5 persons Friday 8:00pm to 10:30pm Youth Meeting 6 persons Saturday 9:00am to 11:00am The Holy Liturgy 20 persons Saturday 6:00pm to 7:00pm Night Service 10 persons Sunday 8:00am to 11:00am The Holy Liturgy 60 persons Sunday 12:00pm to 1:00pm Sunday School 60 persons

It is considered that the building is able to accommodate the estimated number of visitors and that generally the proposed hours of use would not cause an adverse impact on the adjoining neighbours to the property. The proposed Friday morning service is discussed further in the report at point (v). Car parking provision DCP 82 requires that car parking be provided on site at the rate of one space per 10 seats. The DCP goes further and states that "car parking should be able to accommodate 'normal use' of the development, but it should not necessarily be designed to accommodate all vehicles associated with a limited number of 'special' religious days."



Having regard to the seating provided in the main room of the church building, the applicant states that an estimated maximum of 60 people would attend the main weekly service. Utilising that figure and the controls in DCP 82, the development would generate the need for 6 car parking spaces. A car park containing 21 spaces has been proposed and it is considered that adequate parking has been proposed in accordance with these rates. Noise The DCP requires that building and site design take into consideration the impact that the development may have on noise transmission in the neighbourhood and further requires that the noise level from activities undertaken at the religious establishment shall not exceed background noise levels by more than 5db(A). No form of noise assessment has been submitted as part of the application. The applicant has stated that the development has been designed to ensure that the acoustic privacy of adjoining dwellings is maintained. As discussed further in this report at point (v), having regard to information contained in noise reports for similar developments, it is reasonable to assume that the noise levels generated by the proposed development would not exceed background noise levels by more than 5db(A). The proposed Friday morning service is discussed further in the report at point (v). Overall, the proposal is considered to generally satisfy the objectives and controls contained within Council's Development Control Plan No. 82 - Religious Establishments. v. Environmental Impacts Section 79C(1)(b) of the EP&A Act requires Council to consider the “likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality.” The issues identified for consideration are: Suitability of the Site The proposed use has been designed to minimise its impact on the existing residential neighbourhood by: • utilising a building that is modest in size and appearance and is setback from adjoining

properties and the street boundary; • locating car parking at the northern end of the site away from adjoining residential

development; and • providing landscaping along boundaries. Having regard to the abovementioned points, the site is considered to be suitable for the proposed development.



Pedestrian Access A footpath has been proposed from the proposed awning that would serve as an entryway to the driveway. No defined pedestrian access has been shown from the proposed car park to the concrete path or from the entry point of the site. The applicant has indicated that they are willing to provide such pedestrian access and a condition should be included in any consent requiring pedestrian access be provided to the site and an amended plan be lodged and approved by Council prior to any construction certificate being issued. Visual Impact The proposed additions to the convent building would have a minor visual impact in terms of a change to the overall building form when viewed from the street or adjoining properties. The proposed front awning only increases the length of the existing building by 2.4 metres, but would still be setback from the street by 11.1 metres. The additions to the length of the meeting room (3.865 metres) should have a negligible impact on the surrounding neighbourhood as the proposed extension is located behind the proposed awning and consistent with the existing building line of the prayer room. The length of the carport is proposed to be increased by 12 metres (6 metres in front and 6 metres to the rear). The carport would remain behind the building line of the convent building. Medium sized trees located along the street and southern boundary of the site also provide screening to the building when viewed from the street and adjoining properties. Despite this, it is recommended that additional landscaping be provided along the proposed car park to provide further screening from the street. It is recommended that a condition of consent be included requiring the submission and approval of a revised landscaping plan by Council prior to the issue of a construction certificate. The applicant also proposes to construct a new fence and gate along the St Johns Road street boundary. The proposed fence would be 1.8 metres high consisting of a 1.0 metre high brick wall with 1.8 metre high columns repeated along the fence line every 1.8 metres. It is proposed to erect wrought iron infill panels between each column above the brick fence. The proposed front entry gate would consist of a 3 metre high metal gate and a 3 metre high pillar/small tower structure on each side of the gate. It is proposed that each of the gate columns support a 1.0 metre crucifix at its top. Front boundary fencing along the existing streetscape consists of a mixture of no fencing, low picket and paling fencing, and low hedging plants. Fencing along the high school street frontage is of a similar scale to that proposed in this application however, the majority of the brick wall along the side street serves as a retaining wall for the natural landform with palisade fencing above. The maximum allowable height of front fencing under both Council’s policies and the State Environmental Planning Policy (Exempt and Complying Development) is 1.2 metres for fences of lightweight materials or those incorporating an open style including pickets, slats, palings or lattice style panels. Masonry or brick fences are to be a maximum of 900mm high if to be considered as exempt development.



Discussions were held with the applicant regarding the proposed fencing height and design. Council officers advised a 1.8 metre palisade fence would better suit the streetscape and being more open could be supported by Council in the circumstances as similar fences had been approved for other religious establishments. The applicant advised that they were not prepared to amend the proposed fence height or design from what was submitted with the application. It is considered that the proposed fencing and gate structures are of height and bulk that is inconsistent with the existing streetscape and the residential character of the area and its zoning. Consequently it is recommended that the current fencing proposal not be supported and that the height of the fence be restricted to 1.2 metres in the form of the current design, and the gate and tower height be restricted to 1.8 metres. Noise The proposed use of the site as a church raises a possible issue that noise generated by the development could be inconsistent with the ordinary noise levels experienced in a residential area. There are three main potential noise sources within a development such as this. Those being: noise generated by vehicles associated with the use; conversation, music and singing emanating from within the church building; and conversations taking place outside the buildings. The closest adjoining residences to the convent building are located along the southern property boundary. The convent building is setback 16.5 metres from this boundary and approximately 19 metres from the nearest residence. The proposed car park would be located in the northern end of the site approximately 50 metres away from adjoining residences to the rear and approximately 30 metres from residences located opposite the proposed car park. As previously mentioned in this report, the applicant did not submit a noise assessment report with the application. Notwithstanding this, when having regard to information contained in noise reports for similar developments, it is reasonable to assume that noise levels generated by the use of the site as a church with such a limited congregation size would be unlikely to exceed background noise levels by more than 5db(A) and could reasonably expected to comply with the requirements of DCP No. 82. Notwithstanding the above, it is considered that the proposed service at 5am on Friday mornings (5:00am to 7:00am) has some potential to cause a noise impact on adjoining residences at a time that could be considered as ‘night’ time. As such, it is recommended that approval should not granted to services occurring at these times and that the earliest start be approved from 8:00am. This is consistent with other recent previous approvals granted by Council for other religious establishments. Conditions of development have been recommended to be included in any development consent should Council deem it appropriate to support the application. Public Participation The application was notified to 21 nearby and adjoining residents. Council has received four submissions raising the following issues:



Noise Concerns have been expressed that the proposal would result in unacceptable noise levels for adjoining properties. In particular concerns have been expressed about noise that has previously been generated at times early in the morning and late in the evening. Comment – As previously discussed it is considered that the proposed use is able to operate within acceptable noise levels, with the exception of the Friday morning service that would need to demonstrate that the service would be able to operate without causing noise interference on adjoining properties before consent being granted. However, it is considered reasonable to restrict the hours of operation to an 8:00am start. Traffic Congestion A concern has been expressed that the construction of the car park would result in increased traffic congestion on St Johns Road. Comment – The proposal would generate an increase of vehicles to the site, particularly on Sunday mornings and lunchtime as vehicles enter and egress the site. Council's Development Engineers advise that the number of vehicles is not considered significantly high, and the expected volumes are able to be accommodated on site and within the capacity of the local road network. Graffiti A concern has been expressed that the construction of the proposed fence would result in increased graffiti in the area. Comment – There is a possibility that the proposed fence may become subject to graffiti given the prevalence of masonry finishes. A recommended condition should be included in any consent requiring any graffiti to be removed within 48 hours. Conclusion Council has received a development application for the conversion of a premises formerly used as a convent into a church, the construction of an associated car park, fence and building additions at No. 16 St Johns Road, Bradbury. The proposed building additions are modest in size and are in keeping with the scale of residential development within the local area. Five church services have been proposed over the course of the week. Noise form the proposed Friday morning 5:00am to 7:00am service could potentially impact upon neighbours and a recommended condition of consent has been included restricting service times to 8:00am and later. The proposal has been assessed against Council’s relevant environmental planning instrument and development control plans and is considered to generally comply with the relevant objectives and standards.



The application was notified to several nearby and adjoining neighbours. Four submissions were received in objection to the proposal. The submissions mainly objected to the proposal on the grounds of noise concerns, increased traffic and increased graffiti as a result of the development.


That Council grant development consent to application 1204/2010/DA-C for the conversion of premises formerly used as a convent into a church, and the construction of an associated car park, fence and building additions at No. 16 St Johns Road, Bradbury subject to the conditions detailed in Attachment 1. Mr and Mrs Taylor addressed the Committee in opposition to the development. Committee’s Recommendation: (Oates/Kolkman) That a decision in this matter be deferred and the property be listed for inspection on a future briefing evening. CARRIED Voting for the Committee's Recommendation were Councillors: Bourke, Greiss, Hawker, Kolkman, Matheson, Oates and Thompson. Voting against the Committee's Recommendation were: nil. Council Meeting 8 February 2011 (Kolkman/Borg) That the Committee's Recommendation be adopted. Council Resolution Minute Number 9 That the Committee's Recommendation be adopted. Voting for the Council Resolution were Councillors: Borg, Bourke, Chanthivong, Dobson, Glynn, Greiss, Hawker, Kolkman, Lake, Oates, Rowell, Rule, Thomas and Thompson. Voting against the Council Resolution: nil.



ATTACHMENT 1 Recommended Conditions of Consent GENERAL CONDITIONS The following conditions have been applied to ensure that the use of the land and/or building is carried out in such a manner that is consistent with the aims and objectives of the planning instrument affecting the land. For the purpose of these conditions, the term ‘applicant’ means any person who has the authority to act on or benefit of the development consent. 1. Approved Development

The development shall take place in accordance with the approved development plans containing Council’s approved development stamp and all associated documentation submitted with the application, except as modified in red by Council and/or any conditions of this consent.

2. Approved Use

The building shall be used for a place of worship with permanent accommodation for church staff; and for ancillary uses. The building shall not be used as a centre for education, temporary accommodation or for convention or wedding receptions.

3. Maximum Number of Persons

A maximum number of 60 persons shall be located within the church building at any one time.

4. Building Code of Australia

All building work must be carried out in accordance with the provisions of the Building Code of Australia. In this clause, a reference to the Building Code of Australia is a reference to that Code as in force on the date the application for the relevant construction certificate is made.

5. Landscaping

The provision and maintenance of landscaping shall be in accordance with the approved landscape plan containing Council’s approved development stamp including the engagement of a suitably qualified landscape consultant/ contractor for landscaping works. The landscape design shall incorporate a significant portion of native, low water demand plants consistent with BASIX requirements.



6. External Finishes

The external finishes shall be in accordance with the approved plans and the schedule of finishes submitted with this application. Any proposed alterations to these finishes are considered to be a modification to the development consent and require separate approval by Council.

7. Driveway

The gradients of driveways and manoeuvring areas shall be designed in accordance with Australian Standard AS 2890.1 and AS 2890.2 (as amended). Driveways shall be constructed using decorative paving materials such as pattern stencilled concrete, coloured stamped concrete or paving bricks. The finishes of the paving surfaces are to be non-slip and plain concrete is not acceptable. All driveways in excess of 20 metres in length shall be separated from the landscaped areas by the construction of a minimum 150mm high kerb, dwarf wall or barrier fencing.

8. Advertising Signs – Separate DA Required

This consent does not permit the erection or display of any advertising signs. Most advertising signs or structures require development consent. You should make separate enquiries with Council prior to erecting or displaying any advertising or signage.

9. Storage of Goods

All works, storage and display of goods, materials and any other item associated with the premises shall be contained wholly within the building.

10. Graffiti Removal

In accordance with the environmental maintenance objectives of 'Crime Prevention Through Environmental Design', the owner/lessee of the building shall be responsible for the removal of any graffiti which appears on the buildings, fences, signs and other surfaces of the property within 48 hours of its application.

11. Engineering Design Works

The design of all engineering works shall be carried out in accordance with the requirements set out in the Campbelltown (Sustainable City) DCP 2009 - Volumes 1 and 2.

12. Operating Hours The use of the premises shall be limited to the following service schedule: Friday 8:00am – 10:00am The Holy Liturgy Friday 8:00pm – 10:30pm Youth Meeting Saturday 9:00am – 11:00am The Holy Liturgy Saturday 6:00pm – 7:00pm Night Service Sunday 8:00am – 1:00pm The Holy Liturgy and Sunday School



Ancillary activities such as administration, counselling, cleaning and maintenance may be undertaken during the following times: Monday to Sunday: 8:00am – 9:00pm

13. Car Parking Spaces Twenty one car parking spaces shall be designed, sealed, line marked and made available to all users of the site in accordance with Australian Standards 2890.1 and 2 (as amended). All car spaces shall be made available to all users of the site in accordance with the approved plans.

14. Rain Water Tank

A 5,000 litre rain water tank shall be installed on site for the collection and storage of stormwater for irrigation and reuse purposes (eg the flushing of toilets).

15. Fencing

a. The fence to be erected along the St Johns Road frontage of the land shall be no more than 1.2 metres in height and shall be redesigned to incorporate brick walling of no higher than 600mm (although brick piers are permitted to a maximum height of 1.2 metres).

b. The gate structure at the vehicle entry (St Johns Road) shall be no more than 1.8

metres in height. c. Security fencing shall be provided to prevent vehicle entry to the site outside of

operating hours. 16. Rubbish / Recycling Bin Storage

Rubbish and recycling bins shall not be stored within vehicle parking, manoeuvring or landscape areas. Bins shall be stored in areas screened from public view by an approved structure.

17. Noise Levels

Noise levels from the approved use shall not exceed background noise levels by 5 dB(A) or more when measured at property boundaries. The use of an amplified public address system or the playing of amplified recorded music or live music outdoors is strictly prohibited.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE The following conditions of consent must be complied with prior to the issue of a construction certificate by either Campbelltown City Council or an accredited certifier. All necessary information to comply with the following conditions of consent must be submitted with the application for a construction certificate.



18. Sydney Water Stamped Plans

Prior to Council or an accredited certifier issuing a construction certificate, development plans shall be submitted to a Sydney Water Customer Centre or Quick Check Agent, to determine whether the development will affect Sydney Water's sewer and water mains, stormwater drains and or easements, and if further requirements need to be met. The plans, including any amended plans are required to be appropriately stamped.

19. Waste Management Plan

Prior to Council or an accredited certifier issuing a construction certificate, the relevant provisions of Council’s Waste Management Plan is to be completed to the satisfaction of Council.

20. Stormwater Management Plan (Development) Prior to Council or an accredited certifier issuing a construction certificate, a plan indicating all engineering details and calculations relevant to site regrading and the collection and disposal of stormwater from the site, building/s and adjacent catchment, shall be submitted for approval. Floor levels of all buildings shall be a minimum of 150mm above the adjacent finished site levels and stormwater shall be conveyed from the site. All proposals shall comply with the Campbelltown (Sustainable City) DCP 2009 - Volumes 1 and 2.

21. Landscaping Plan

Prior to Council or an accredited certifier issuing a construction certificate, the applicant shall submit an amended landscaping plan to Council for approval. The landscaping plan is to show additional landscaping provided along the length of the new car park to provide screening.

22. Pedestrian Access

Prior to Council or an accredited certifier issuing a construction certificate, the applicant shall submit to Council for approval an amended site plan showing pedestrian footpath access to the site from the public point of entry and a pedestrian footpath access from the car park to the front entry of the building.

23. Section 94A Developer Contribution - Community Facilities and Services

Prior to Council or an accredited certifier issuing a Complying Development Certificate or a Construction Certificate (or where a Construction Certificate is not required, a Subdivision Certificate), the applicant shall provide a receipt for the payment to Council of a community facilities and services contribution in accordance with the provisions of the Campbelltown City Council Section 94A Development Contributions Plan.



For the purposes of calculating the required S94A contribution, where the value of the total development cost exceeds $100,000, the applicant is required to include with the application for the respective certificate, a report setting out a cost estimate of the proposed development in accordance with the following: • where the value of the proposed development is greater than $100,000 but less than

$500,000, provide a Cost Summary Report by a person who, in the opinion of the Council, is suitably qualified to provide a Cost Summary Report (Cost Summary Report Template 1). All Cost Summaries will be subject to indexation on a quarterly basis relative to the Consumer Price Index - All Groups (Sydney) where the contribution amount will be based on the indexed value of the development applicable at the time of payment; or

• where the value of the proposed development is $500,000 or more, provide a

detailed development cost report completed by a quantity surveyor who is a registered member of the Australian Institute of Quantity Surveyors (Quantity Surveyors Estimate Report Template 2). Payment of contribution fees will not be accepted unless the amount being paid is based on a Quantity Surveyors Estimate Report (QS Report) that has been issued within 90 days of the date of payment. Where the QS Report is older than 90 days, the applicant shall provide an updated QS Report that has been indexed in accordance with clause 25J(4) of the Environmental Planning and Assessment Regulation 2000 to ensure quarterly variations in the Consumer Price Index All Group Index Number for Sydney have been incorporated in the updated QS Report.

Copies of the Cost Summary Report - Template 1 and the Quantity Surveyors Estimate Report - Template 2 are located under "Developer Contributions" on Council's web site (www.campbelltown.nsw.gov.au) or can be collected from Council's Planning and Environment Division during normal business hours. On calculation of the applicable contributions, all amounts payable will be confirmed by Council in writing. Payment of Section 94A Developer Contributions will only be accepted by way of Cash, Credit Card or Bank Cheque issued by an Australian bank. Payment by any other means will not be accepted unless otherwise approved in writing by Council. Note: This condition is only applicable where the total development value exceeds $100,000.

PRIOR TO THE COMMENCEMENT OF ANY WORKS The following conditions of consent have been imposed to ensure that the administration and amenities relating to the proposed development comply with all relevant requirements. These conditions are to be complied with prior to the commencement of any works on site. 24. Erosion and Sediment Control

Prior to the commencement of any works on the land, adequate/approved erosion and sediment control measures shall be fully installed/implemented.



25. Erection of Construction Sign

Prior to the commencement of any works on the land, a sign/s must be erected in a prominent position on the site: a. Showing the name of the principal contractor (if any) for any building work and a

telephone number on which that person may be contacted outside working hours; b. Stating that unauthorised entry to the work site is prohibited; and c. Pollution warning sign promoting the protection of waterways (issued by Council

with the development consent); d. Stating the approved construction hours in which all works can occur. e. Showing the name, address and telephone number of the principal certifying

authority for the work. Any such sign/s is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

26. Toilet on Construction Site Prior to the commencement of any works on the land, toilet facilities are to be provided, at or in the vicinity of the work site on which 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 thereof. Each toilet provided must be a standard flushing toilet and be connected to: a. A public sewer, or b. If connection to a public sewer is not practicable, to an accredited sewage

management facility approved by Council, or c. If connection to a public sewer or an accredited sewage management facility is not

practicable, to some other management facility approved by Council. 27. Trade Waste

Prior to the commencement of any works on the land, a trade waste facility shall be provided on-site to store all waste pending disposal. The facility shall be screened, regularly cleaned and accessible to collection vehicles.

28. Public Property Prior to the commencement of any works on site, the applicant shall advise Council of any damage to property which is controlled by Council which adjoins the site, including kerbs, gutters, footpaths, and the like. Failure to identify existing damage may result in all damage detected after completion of the development being repaired at the applicant’s expense.



29. Footpath and Vehicular Crossing Levels

Prior to the commencement of any work, footpath and vehicular crossing levels are to be obtained from Council by lodging an application on the prescribed form.

30. Demolition Works Demolition works shall be carried out in accordance with the following: a. Prior to the commencement of any works on the land, a detailed demolition work plan

designed in accordance with Clause 1.7.3 of Australian Standard AS 2601-2001 – The Demolition of Structures, prepared by a suitably qualified person with suitable expertise or experience, shall be submitted to and approved by Council and shall include the identification of any hazardous materials, method of demolition, precautions to be employed to minimise any dust nuisance and the disposal methods for hazardous materials.

b. Prior to commencement of any works on the land, the demolition Contractor(s)

licence details must be provided to Council. c. The handling or removal of any asbestos product from the building/site must be

carried out by a NSW Work Cover licensed contractor irrespective of the size or nature of the works. Under no circumstances shall any asbestos on site be handled or removed by a non-licensed person. The licensed contractor shall carry out all works in accordance with NSW Work Cover requirements.

d. An appropriate fence preventing public access to the site shall be erected for the

duration of demolition works e. Immediately prior to the commencement of the demolition or handling of any building

or structure that contains asbestos, the applicant shall request that the principal certifying authority attend the site to ensure that all appropriate safety measures are in place. The applicant shall also notify the occupants of the adjoining premises and Workcover NSW prior to the commencement of any works.

31. Hoarding / Fence

Prior to the commencement of any works, a hoarding or fence must be erected between the work site and a public place if the work involved in the development is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or if the building involves the enclosure of a public place in accordance with Work Cover requirements. The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place. A separate land use application under Section 68 of the Local Government Act 1993 shall be submitted to and approved by Council prior to the erection of any hoarding on public land.



DEVELOPMENT REQUIREMENTS DURING CONSTRUCTION The following conditions of consent have been imposed to ensure that the administration and amenities relating to the proposed development comply with all relevant requirements. These conditions are to be complied with during the construction of the development on site. 32. Construction Work Hours

All work on site shall only occur between the following hours: Monday to Friday 7.00am to 6.00pm Saturday 8.00am to 1.00pm Sunday and public holidays No Work.

33. Erosion and Sediment Control

Erosion and sediment control measures shall be provided and maintained throughout the construction period, in accordance with the requirements of the manual – Soils and Construction (2004) (Bluebook), the approved plans, Council specifications and to the satisfaction of the principal certifying authority. The erosion and sedimentation control devices shall remain in place until the site has been stabilised and revegetated. Note: On the spot penalties up to $1,500 will be issued for any non-compliance

with this requirement without any further notification or warning.

34. Work Zones

All loading, unloading and other activities undertaken during construction shall be accommodated on the development site. Where it is not practical to load, unload or undertake specific activities on the site during construction, the provision of a ‘Work Zone’ external to the site may be approved by Council following an application being submitted to Council’s Traffic Unit outlining the proposal for the work zone. The application is required to be made prior to the commencement of any works and is to include a suitable ‘Traffic / Pedestrian Management and Control Plan’ for the area of the work zone that will be affected. All costs of approved traffic / pedestrian control measures, including relevant fees, shall be borne by the applicant.

35. Dust Nuisance

Measures shall be implemented to minimise wind erosion and dust nuisance in accordance with the requirements of the manual – ‘Soils and Construction (2004) (Bluebook). Construction areas shall be treated/ regularly watered to the satisfaction of the principal certifying authority.



36. Compliance with Council Specification

All design and construction work, shall be in accordance with: a. Council's specification for Construction of Subdivisional Road and Drainage Works

(as amended); b. Campbelltown (Sustainable City) DCP 2009 - Volumes 1 and 2, c. ‘Soils and Construction (2004) (Bluebook); and d. Relevant Australian standards and State Government publications.

37. Industrial / Commercial Driveway and Layback Crossing The applicant shall provide a reinforced concrete driveway and layback crossing/s to Council's Industrial/Commercial Vehicle Crossing Specification and Campbelltown (Sustainable City) DCP 2009 - Volumes 1 and 2. A separate application for this work, which will be subject to a crossing inspection fee, fixing of levels and inspections by Council, must be lodged with Council. Conduits must be provided to service authority requirements.

38. Completion of Construction Works

Unless otherwise specified in this consent, all construction works associated with the approved development shall be completed within twelve (12) months of the date of the notice of the intention to commence construction works under Section 81A of the Act. In the event that construction works are not continually ongoing, the applicant shall appropriately screen the construction site from public view with architectural devices and landscaping to Council's written satisfaction.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE The following conditions of consent must be complied with prior to the issue of an occupation certificate by either Campbelltown City Council or an accredited principal certifying authority. All necessary information to comply with the following conditions of consent must be submitted with the application for an occupation certificate. Note: For the purpose of this development consent, any reference to "occupation certificate" shall also be taken to mean "interim occupation certificate". 39. Structural Engineering Certificate

Prior to the principal certifying authority issuing an occupation certificate, the submission of a certificate from a practising structural engineer certifying that the building has been erected in compliance with the approved structural drawings and relevant SAA Codes and is structurally adequate.



40. Completion of External Works Onsite

Prior to the principal certifying authority issuing an occupation certificate, all external works, repairs and renovations detailed in the schedule of treatment/finishes, landscaping, driveways, fencing and retaining walls to be completed to the satisfaction of the principal certifying authority.

41. Restoration of Public Roads Prior to the principal certifying authority issuing an occupation certificate, the restoration of public road and associated works required as a result of the development shall be carried out by Council and all costs shall be paid by the applicant.

42. Public Utilities Prior to the principal certifying authority issuing an occupation certificate, any adjustments to public utilities, required as a result of the development, shall be completed to the satisfaction of the relevant authority and at the applicant's expense.

43. Council Fees and Charges Prior to the principal certifying authority issuing an occupation certificate, the applicant shall obtain written confirmation from Council that all applicable Council fees and charges associated with the development have been paid in full. Written confirmation will be provided to the applicant following Council's final inspection and satisfactory clearance of the public area adjacent the site.

ADVISORY NOTES The following information is provided for your assistance to ensure compliance with the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000, other relevant Council Policy/s and other relevant requirements. This information does not form part of the conditions of development consent pursuant to Section 80A of the Act. Advice 1. Environmental Planning and Assessment Act 1979 Requirements The Environmental Planning and Assessment Act 1979 requires you to: a. Obtain a construction certificate prior to the commencement of any works. Enquiries

regarding the issue of a construction certificate can be made to Council’s Customer Service Centre on 4645 4608.

b. Nominate a principal certifying authority and notify Council of that appointment prior to the

commencement of any works. c. Give Council at least two days notice prior to the commencement of any works. d. Have mandatory inspections of nominated stages of the construction inspected. e. Obtain an occupation certificate before occupying any building or commencing the use of

the land.



Advice 2. Tree Preservation Order To ensure the maintenance and protection of the existing natural environment, you are not permitted to ringbark, cut down, top, lop, remove, wilfully injure or destroy a tree outside 3 metres of the building envelope unless you have obtained prior written consent from Council. Fines may be imposed if you choose to contravene Council’s Tree Preservation Order. A tree is defined as a perennial plant with self supporting stems that are more than 3 metres or has a trunk diameter more than 150mm measured 1 metre above ground level, and excludes any tree declared under the Noxious Weeds Act (NSW). Advice 3. Disability Discrimination Act Nothing in this consent is to be taken to imply that the development meets the requirements of the Disability Discrimination Act 1992 (DDA1992). Where a Construction Certificate is required for the approved works, due regard is to be given to the requirements of the Building Code of Australia (BCA). However, your attention is drawn to the existence of the DDA1992 and that compliance with the various requirements of the BCA does not provide automatic compliance with the DDA1992. In this regard it is the sole responsibility of the owner, builder and applicant to ensure compliance with the DDA1992. Advice 4. Covenants The land upon which the subject building is to be constructed may be affected by restrictive covenants. Council issues this approval without enquiry as to whether any restrictive covenant affecting the land would be breached by the construction of the building, the subject of this permit. Persons to whom this permit is issued must rely on their own enquiries as to whether or not the building breaches any such covenant. Advice 5. Asbestos Warning Should asbestos or asbestos products be encountered during construction or demolition works you are advised to seek advice and information prior to disturbing the material. It is recommended that a contractor holding an asbestos-handling permit (issued by Work Cover NSW), be engaged to manage the proper disposal and handling of the material. Further information regarding the safe handling and removal of asbestos can be found at:

www.environment.nsw.gov.au www.nsw.gov.au/fibro www.adfa.org.au www.workcover.nsw.gov.au

Alternatively, call Work Cover Asbestos and Demolition Team on 8260 5885. Advice 6. Smoke Free Environment Act Nothing in this consent is to be taken to imply that the development meets the requirements of the Smoke Free Environment Act 2000 (SFEA2000) or the Smoke Free Environment Regulations 2007 (SFER2007). In the event that the occupier wishes to facilitate smoking within any enclosed public place of the premises (in accordance with clause 6 of the SFER2007), the occupier must first contact NSW Department of Health to ensure that the design and construction of the area proposed to facilitate smoking fully complies with the requirements of the SFEA2000 and the SFER2007.



Advice 7. Dial 1100 Before you Dig Underground cable and pipes may exist in the area. In your own interest and for safety, telephone 1100 before excavation or erection of structures. Information on the location of underground pipes and cables can also be obtained by fax on 1300 652 077 or through the following website - www.dialbeforeyoudig.com.au

END OF CONDITIONS


With Associated Construction Of A Car Park, Fence And Building Additions ATTACHMENT 2

Planning and Environment Committee Meeting 1 February 2011 3.3 Planning Appeals Legislation Amendment Bill 2010

3.3 Planning Appeals Legislation Amendment Bill 2010

Reporting Officer


Attachments

1. Current merit appeals system to Land and Environment Court – Flow Chart 2. New Arbitration - Conciliation scheme for merit appeals for detached homes and dual

occupancies – Flow Chart

Purpose

To inform Council of recent changes to legislation on planning appeals and reviews of determination. Introduction The Planning Appeals Legislation Amendment Bill 2010 (“The Bill”) seeks to provide quick, equitable and cost-effective reviews of local councils’ decisions, for users of the planning system. The NSW Government has a long-standing aim to reduce the cost and time for appeals in the Land and Environment Court, especially for small-scale applications by homeowners. The Bill amends the Land and Environment Court Act 1979 (LEC Act) to create a new conciliation-arbitration scheme which will apply to appeals for small-scale residential development. The scheme is intended to make it easier and less expensive for homeowners to obtain a Court review of a council decision. Proposed amendments to the Environmental Planning and Assessment Act 1979 (EP&A Act) will introduce other provisions for the review of modification applications and rejected development applications. The Bill also makes other consequential amendments to the EP&A Act and Environmental Planning and Assessment Amendment Act 2008 concerning appeals and reviews.

History

Currently, approximately 25% of appeals to the Court relate to new single houses or additions. Considering that 60 per cent of all development applications are for these types of applications, the State Government has identified a need for a new scheme which makes it easier for NSW homeowners to access the Court. The majority of merit appeals in the Court system however relate to commercial and multi-unit residential development with a typical Court appeal taking up to six months to be finalised. Consequently homeowners are often discouraged from appealing to the Court due to high costs and long delays.


In 2008, the NSW Government proposed to introduce a new scheme for accredited private planning arbitrators to review council decisions for smaller scale development applications. The aim of that scheme was to provide for a quick, cheap and cost-effective process for people with small-scale development proposals, to have councils’ decisions independently reviewed. It was believed that by making it cheaper and easier to use, more people would be encouraged to seek a Court review, by an independent third party. Planning arbitrators were to operate independently of the Court system. The NSW Government remains committed to the original aims of the planning arbitrator scheme, however since 2008, consultation has been undertaken to develop an alternative model of conciliation-arbitration which it is now believed will better deliver these aims. As such, the Bill proposes to remove provisions yet to be commenced relating to the planning arbitrator scheme. Conciliation-arbitration builds on the success of the Court’s existing alternative dispute resolution practices. Conciliation-arbitration will make the Court more accessible for homeowners because it will deliver a more speedy resolution for disputes at a lower cost for applicants. It is also intended to give parties the opportunity to negotiate and reach an agreement during conciliation before a binding determination is made by arbitration.

Report

Conciliation-arbitration scheme 'Conciliation-arbitration' is a scheme for merit reviews in the Land and Environment Court. It will use the existing framework of conciliation in the Court and the specialist knowledge and experience of the Commissioners of the Court. Conciliation-arbitration will apply to disputes between councils and homeowners over development applications and modification applications for detached single dwellings and dual occupancies (including subdivision) and alterations and additions to single dwellings and dual occupancies. A Commissioner of the Court will conduct conciliation, and if no agreement can be reached, that Commissioner will immediately arbitrate (i.e. decide on) the matter. Objectors and experts will still be involved in conciliation-arbitration as they would in traditional Court hearings. The Court will issue comprehensive practice notes showing how the scheme will be implemented, and provide user-friendly material, easily accessible to homeowners and neighbours on how the scheme will function. In exceptional cases, where there are complex issues, multiple expert witnesses, or specific matters of law, the Commissioner may transfer a matter out of conciliation-arbitration so that it can be dealt with at a formal Court hearing. If the Bill is passed, the Court will introduce a benchmark to aim to resolve 95 per cent of appeals under the new scheme within three months. This compares very favourably to the existing six-month benchmark for 95 per cent of merit appeals. Flow charts have been developed showing the current arrangements for merit appeals to the Court (Attachment 1) and to better explain how the new arbitration-conciliation scheme will work for detached dwellings and dual occupancy developments (Attachment 2).


The proposed conciliation-arbitration scheme has arisen in response to an increased use of alternative dispute resolution by the Court. Since 2007, the Court has successfully increased the use of alternative dispute resolution mechanisms and in particular, conciliation. There has been a 158 per cent increase in the use of conciliation conferences and a subsequent significant improvement in Court clearance rates. These existing conciliation arrangements have been successful in providing an alternative dispute resolution mechanism and will continue to be available for other types of development falling outside of this scheme. However, the existing scheme has not always successfully facilitated a quick, cost-effective resolution of disputes for small-scale development. Conciliation-arbitration will achieve significant time and cost savings for applicants, councils and the Court. Making the Court less expensive and easier to use will encourage more people to seek a review, and receive a fair hearing of their concerns by the Court. Resolving these issues quickly will provide more certainty for applicants and their neighbours. The conciliation-arbitration process will achieve these savings of costs and time by having the same Commissioner that conducts conciliation, to immediately arbitrate a matter if no agreement is reached. This means issues and evidence will not need to be heard a second time by a different Commissioner at a later date. Immediate arbitration also encourages parties to make a genuine attempt to resolve disputes during conciliation. Where parties do not appear to genuinely participate in conciliation, and an agreement cannot be reached, arbitration can begin immediately. Due to the method of operations and the Court's desire to have the matter resolved as soon as possible, Council representatives attending conciliation-arbitration will be required to have full authority to negotiate immediate terms of agreement. This will have implications for delegations to staff. Expansion of Reviews Internal reviews by councils of their decisions on development applications under Section 82A of the EP&A Act have been increasing as an alternative to lodgement of a Court appeal. Last year, councils approved more than 75 per cent of the applications for internal reviews lodged with them. The Bill proposes to expand the right of review to council decisions on modification applications. It is also proposed to create a right of internal review where a council has made a determination to reject a development application for reasons of inadequate information or a failure to comply with statutory requirements. These new review provisions are important reforms that are linked to implementing the Government's Part 4 development assessment reforms. In particular, they are directly related to the changes proposed to limit ‘stop the clock’ actions on development applications and require more comprehensive information to improve the quality of applications submitted to councils. It is intended that these expanded review provisions will require consent authorities to better document and be more accountable for their decisions. Appeals The Bill also amends the period within which a merit appeal must be lodged with the Court, to six months. The six month period strikes a balance between the need to speed up the time taken to resolve disputes, offering certainty to those affected by a development application, and allowing applicants ample time to pursue negotiations with Council and amend plans during the internal review process.


Cost Orders The Bill proposes an amendment to the costs orders provisions under section 97B of the EP&A Act, that the Court must make if an amended development application is submitted during proceedings. The amendment requires the Court to make an order for an applicant to pay the costs of the consent authority that are thrown away because of the amended plans. Under this change an applicant will only have to pay the costs that are related to the part of the original application that has been amended, not the full cost of the assessment. Joint Regional Planning Panels and Planning Assessment Commission to be involved in Hearings The Bill provides for Joint Regional Planning Panels (JRPPs) and the Planning Assessment Commission (PAC) to be notified and heard where there is an appeal concerning a matter either the JRPP or PAC has determined. This corrects an anomaly in the 2008 planning reforms which required Councils to defend the decisions of these consent authorities, and is welcomed.


1. That the information be noted. 2. That officer delegations be amended to reflect the need for professional staff attending

arbitration-conciliation hearings to have full authority to negotiate terms of agreement. Committee’s Recommendation: (Hawker/Greiss) That the information be noted. CARRIED Council Meeting 8 February 2011 (Kolkman/Borg) That the Officer's Recommendation be adopted. Council Resolution Minute Number 8 That the Officer's Recommendation be adopted.

Planning and Environment Committee Meeting 1 February 2011 3.3 Planning Appeals Legislation Amendment Bill 2010 ATTACHMENT 1

Planning and Environment Committee Meeting 1 February 2011 3.3 Planning Appeals Legislation Amendment Bill 2010 ATTACHMENT 2

Planning and Environment Committee Meeting 1 February 2011 3.4 Lot 3004 DP 1152287 Stowe Avenue, Macarthur Gardens - Mixed Use Development - 75

Residential Apartments Incorporating Affordable Housing And Retail/Commercial Premises

3.4 Lot 3004 DP 1152287 Stowe Avenue, Macarthur Gardens - Mixed Use Development - 75 Residential Apartments Incorporating Affordable Housing and Retail/Commercial Premises

Reporting Officer

Director Planning and Environment

Attachments

1. Locality Plan 2. Context Plan 3. Basement Plan Level 2 4. Basement Plan Level 1 5. Ground Floor Plan 6. Level 1 Floor Plan 7. Level 2 Floor Plan 8. Level 3 Floor Plan 9. Level 4 Floor Plan 10. Level 5 Floor Plan 11. Level 6 Floor Plan 12. Level 7 Floor Plan 13. Elevations (South/North) 14. Elevations (East/West) 15. Landscape Plan 16. Perspective View (from town park) 17. Perspective View (from North East)

Purpose

To inform Council of the receipt of a development application for the erection of a multi level mixed use development for 75 residential apartments, commercial and retail premises and incorporating affordable housing. Property Description Lot 3004 DP 1152287 Stowe Avenue, Macarthur Gardens

Application No 15/2011/DA-RA

Applicant Blue CHP Ltd

Owner Blue CHP Ltd

Statutory Provisions Campbelltown 2025 – Looking Forward

State Environmental Planning Policy No.65 – Design Quality of Residential Flat Development

Campbelltown (Urban Area) Local Environmental Plan 2002 – Zone (10a) Regional Comprehensive Centre Zone

Campbelltown (Sustainable City) Development Control Plan 2009

Date Received 6 January 2011



Report

The application was received on 6 January 2011, and is valued at $28.26m. The application qualifies for determination by the Western Sydney Joint Regional Planning Panel (given its estimated capital value) and Council is not the determining authority. The application will be on public exhibition from 25 January 2011 until 25 February 2011. An advertisement advising of the exhibition appeared in the local press on Tuesday 25 January 2011. Notification letters advising property owners of the exhibition of the development application have been sent to a wide area and to those same persons whom the General Manager emailed late in 2010 in response to correspondence he had received over issues concerning proposals for apartment housing in the Macarthur Gardens area. The assessment of the application will be coordinated by Council's Manager Development Services whom will prepare a report directly to the Joint Regional Planning Panel, for its consideration. Notwithstanding, the application will be separately reviewed by the Director Planning and Environment and a report will be submitted to Council in March 2011, with a view towards seeking Council's endorsement of a submission to the Joint Regional Planning Panel.


That the information be noted. Having declared an interest in Item 3.4 Councillors Hawker, Kolkman and Council's Acting Director Planning and Environment, Jim Baldwin left the Chamber. In the absence of the Chairperson Councillor Kolkman, Councillor Oates assumed the Chair. Committee’s Recommendation: (Matheson/Greiss) 1. That the information be noted. 2. That Council undertake a community consultation process with the residents of Macarthur

Gardens, Glen Alpine and Englorie Park before the JRPP meets to determine the application.

3. That the applicant be invited to address local residents in relation to the development

application.



Council Meeting 8 February 2011 (Borg/Rowell) That the Committee's Recommendation be adopted. Addendum (Rowell/Borg) 4. That the Draft DCP for the Macarthur Gardens be presented to the briefing of Councillors

on the 22 February 2011. Council Resolution Minute Number 10 That the Committee's Recommendation incorporating the Addendum be adopted.



Voting for the Committee's Recommendation were Councillors: Bourke, Greiss, Matheson, Oates and Thompson. Voting against the Committee's Recommendation: nil. CARRIED Following discussion of this item Councillors Hawker and Kolkman and Council's Acting Director Planning and Environment, Jim Baldwin returned to the Chamber and Councillor Kolkman resumed the Chair for the remainder of the meeting.



DUE TO THE SIZE OF THE ATTACHMENTS FOR THIS REPORT THEY ARE NOT CONTAINED WITHIN THE REPORT. SHOULD YOU REQUIRE A COPY OF THE ATTACHMENTS PLEASE CONTACT PLANNING AND ENVIRONMENT ON 02 4645 4608.

Planning and Environment Committee Meeting 1 February 2011 4.1 Legal Status Report

4. COMPLIANCE SERVICES

4.1 Legal Status Report

Reporting Officer

Manager Compliance Services

Attachments

Nil

Purpose

To update Council on the current status of the Planning and Environment Division's legal matters.

Report

This report contains a summary of the current status of the Division's legal matters relating to: • The Land and Environment Court; • The District Court; • The Local Court; and • Matters referred to Council’s Solicitor for advice. A summary of year-to-date costs and the total number of actions are also included. 1. Land and Environment Court Class 1 Matters – Appeals Against Council’s

Determination of Development Applications

Total ongoing Class 1 DA Appeal Matters (as at 18/01/2011) Total completed Class 1 DA Appeal Matters (as at 18/01/2011) 2 Costs from 1 July 2010 for Class 1 DA Appeal Matters: $52,703.61

1 (a) Issue: Property: Property Owner:

Campbelltown-Minto Merchants Association Inc. (Inc. 9881989) Modification is sought to the Order of the Land and Environment Court NSW of 17 August 2009 granting consent to development application 662/2007DA-U – by way of variation to the conditions of consent. Lot 21, DP 815215 – No. 10 Swettenham Road, MINTO.


File No: Court Application Filed: Applicant: Costs Estimate: Final Costs: Status:

Sandi Pty. Ltd 662/2007/DA-U (Court File 10865 of 2010) 25 October 2010 Campbelltown-Minto Merchants Association Inc. (Inc. 9881989) Solicitors from Council's panel not appointed - no costs estimate sought $0.00 Proceedings Completed.

Action Since Last Meeting

At the hearing on 14 December 2010, Council advised the Court that it had reviewed the modifications sought by the applicant to the Order of the Land and Environment Court NSW granting consent to development application 662/2007DA-U and that no objection was raised to the proposal subject to the agreed conditions being applied. The Court upheld the applicants appeal and modified the consent in accordance with the agreed conditions.

2. Land and Environment Court Class 1 Matters – Appeals Against Council’s

issued Orders/Notices

Total ongoing Class 1 Order/Notice Appeal Matters (as at 18/01/2011) 0 Total completed Class 1 Order/Notice Appeal Matters (as at 18/01/2011) 2 Costs from 1 July 2010 for Class 1 Order/Notices Appeal Matters: $797.23

2 (a) Issue: Property: Property Owner: File No: Court Application Filed: Applicant: Costs Estimate: Final Costs: Status:

Leonia Pty Limited (ACN 062 257 489) Appeal against terms of an Order 1 and 15 given by Council on 11 November 2010 under the Environmental Planning and Assessment Act 1979 requiring a use of an unsatisfactory food preparation area to cease and compliance with conditions of development consent relating to car parking arrangements. Lot 1 DP 834139 No. 14 Swettenham Road, Minto. Leonia Pty Limited Court File 10969 of 2010 30 November 2010 Leonia Pty Limited (ACN 062 257 489) Solicitors from Council's panel not appointed - no costs estimate sought $0.00 Proceedings Completed.


Action Since Last Meeting

At the callover on 8 December 2010 the Applicant, by consent, filed a Notice of Discontinuance with the Court, following a determination by Council to repeal the orders. An internal review of the orders by Council revealed errors in respect of service which effectively made the orders invalid. The issues raised in the terms of the orders have, to a large part, been addressed with the applicant as part of the discussions in respect of Class 1 appeal 10969 of 2010 mentioned at 1(a) above. Council's compliance officers will continue to monitor the situation.

3. Land and Environment Court Class 4 Matters – Non-Compliance with Council

Orders / Notices or Prosecutions

Total ongoing Class 4 matters before the Court (as at 18/01/2011) 0 Total completed Class 4 matters (as at 18/01/2011) 0 Total ongoing Class 4 matters in respect of costs recovery (as at 18/01/2011) these matters will be further reported on completion 4 Costs from 1 July 2010 for Class 4 matters $713.60

4. Land and Environment Court Class 5 - Criminal enforcement of alleged pollution

offences and various breaches of environmental and planning laws.

Total ongoing Class 5 matters before the Court (as at 18/01/2011) 0 Total completed Class 5 matters (as at 18/01/2011) 0 Total ongoing Class 5 matters in respect of costs recovery (as at 18/01/2011) these matter will be further reported on completion 2 Costs from 1 July 2010 for Class 5 matters $18,902.84

5. Land and Environment Court Class 6 - Appeals from convictions relating to

environmental matters

Total ongoing Class 6 Matters (as at 18/01/2011) 0 Total completed Class 6 Matters (as at 18/01/2011) 0 Costs from 1 July 2010 for Class 6 Matters $0.00


6. District Court – Matters on Appeal from lower Courts or Tribunals not being

environmental offences.

Total ongoing Appeal matters before the Court (as at 18/01/2011) 0 Total completed Appeal matters (as at 18/01/2011) 0 Total ongoing Appeal matters in respect of costs recovery (as at 18/01/2011) these matters will be further reported on completion 1 Costs from 1 July 2010 for District Court Matters $0.00

7. Local Court Prosecution Matters

The following summary lists the current status of the Division’s legal matters before the Campbelltown Local Court.

Total ongoing Local Court Matters (as at 18/01/2011) 9 Total completed Local Court Matters (as at 18/01/2011) 48 Costs from 1 July 2010 for Local Court Matters $10, 972.13

File No: Offence: Act: Final Costs: Status – Completed:

LP 68/10 – Penalty Notice Court Election Stop on path strip in built-up area. Road Rules 2008 $0.00 The matter was before the Court on 30 November 2010 for first mention where the defendant, Sangey Sherpa, made no appearance. The Magistrate granted an application by Council for the matter to proceed in the defendant's absence and after considering the evidence and submissions, the Magistrate found the offence proved and convicted the defendant imposing a $143 fine and an order for Court costs of $79.


LP 69/10 – Penalty Notice Court Election Stop at/near bus stop. Road Rules 2008 $0.00 The matter was before the Court for first mention on 14 December 2010 where the defendant entered a guilty plea with explanation. After considering the evidence and submissions the Magistrate found the offence proved and directed that under Section 10A(1) of the Crimes (Sentencing Procedure) Act no conviction be recorded. An Order for $79 Court Costs was made.



LP 70/10 – Penalty Notice Court Election Stand vehicle in area longer than allowed. Local Government Act $0.00 The matter was before the Court on 14 December 2010 for first mention where the defendant, Lynda May Connolly, made no appearance. The Magistrate granted an application by Council for the matter to proceed in the defendant's absence and after considering the evidence and submissions, the Magistrate found the offence proved and convicted the defendant imposing a $86 fine and an order for Court costs of $79.


LP 71/10 – Penalty Notice Court Election Disobey no stopping sign – school zone. Road Rules 2008 $0.00 The matter was before the Court for first mention on 11 January 2011 where the defendant, Divinia Anne Leaf, entered a guilty plea with explanation. After considering the evidence and submissions the Magistrate found the offence proved and convicted the defendant imposing a $258 fine. No order for court costs was made.


LP 72/10 – Penalty Notice Court Election Uncontrolled dog in a public place – not dangerous dog Companion Animals Act $0.00 The matter was before the Court for first mention on 11 January 2011 where the defendant, Adam Blythe, entered a guilty plea with explanation. After considering the evidence and submissions the Magistrate found the offence proved and convicted the defendant imposing a $100 fine and an order for $79 Court Costs was made.

File No: Offence: Act: Costs to date: Status – Ongoing:

LP 73/10 – Penalty Notice Court Election Pollute Waters Protection of the Environment Operations Act $0.00 The matter was before the Court for first mention on 18 January 2011 where, by consent, the proceedings were adjourned to 25 January for plea/mention.







LP 76/10 – Penalty Notice Court Election Not comply with section 192 notice requiring the provision of records and information Protection of the Environment Operations Act $0.00 The matter was before the Court for first mention on 18 January 2011 where, by consent, the proceedings were adjourned to 25 January for plea/mention.







LP 79/10 – Penalty Notice Court Election Stop on driveway – school zone. Road Rules 2008 $0.00 The matter was before the Court for first mention on 11 January 2011 where Council withdrew the proceedings, as a review of the evidence prior to the mention disclosed that it was likely that the Court would find in favour of the defendant given that the driver of the vehicle had stopped momentarily in the driveway to allow a passenger to alight from the vehicle.

File No: Offence: Act: Costs to date: Status – New Matter:

LP 80/10 – Penalty Notice Court Election Disobey no stopping sign. Road Rules 2008 $0.00 Listed for first mention on 25 January 2011.


LP 81/10 – Penalty Notice Court Election Disobey no stopping sign. Road Rules 2008 $0.00 The matter was before the Court for first mention on 18 January 2011 where the defendant entered a not guilty plea. The Court adjourned the proceedings to 3 March 2011 for full hearing.


LP 82/10 – Penalty Notice Court Election Uncontrolled dog in a public place – not dangerous dog Companion Animals Act $0.00 The matter was before the Court for first mention on 18 January 2011 where the defendant entered a guilty plea with explanation. After considering the evidence and submissions the Magistrate found the offence proved and directed that under Section 10A(1) of the Crimes (Sentencing Procedure) Act no conviction be recorded. An Order for $79 Court Costs was made.


LP 83/10 – Penalty Notice Court Election Uncontrolled dog in a public place – not dangerous dog Companion Animals Act $0.00 The matter was before the Court for first mention on 18 January 2011 where the defendant entered a guilty plea with explanation. After considering the evidence and submissions the Magistrate found the offence proved and directed that under Section 10A(1) of the Crimes (Sentencing Procedure) Act no conviction be recorded.


File No: Offence: Act: Costs to date: Status – New Matter:

LP 84/10 – Penalty Notice Court Election Uncontrolled dog in a public place – not dangerous dog Companion Animals Act $0.00 Listed for first mention on 25 January 2011


LP 85/10 – Penalty Notice Court Election Deposit litter (banana peel) from vehicle Protection of the Environment Operations Act $0.00 Listed for first mention on The matter was before the Court for first mention on 18 January 2011 where the defendant, Arran Jay King, entered a guilty plea with explanation. After considering the evidence and submissions the Magistrate found the offence proved and convicted the defendant imposing a $50 fine and an order for $79 Court Costs was made.


LP 86/10 – Penalty Notice Court Election Disobey no stopping sign. Road Rules 2008 $0.00 Listed for first mention on The matter was before the Court for first mention on 18 January 2011 where the defendant, Elisara Charley Tanuvasa, entered a guilty plea with explanation. After considering the evidence and submissions the Magistrate found the offence proved and convicted the defendant imposing a $50 fine and an order for $79 Court Costs was made.

8. Matters Referred to Council’s Solicitor for Advice The following summary lists the status of matters referred to Council’s Solicitors for advice on questions of law, the likelihood of appeal or prosecution proceedings being initiated, and/or Council liability.

Total Advice Matters (as at 18/01/2011) 6 Costs from 1 July 2010 for Advice Matters $15,283.24


9. Legal Costs Summary

The following summary lists the Planning and Environment Division’s net Legal Costs for the 2010/2011 period.

Relevant Attachments or Tables Costs Debit Costs Credit

Class 1 Land and Environment Court - appeals against Council's determination of Development Applications $52,703.61 $15,000.00

Class 1 Land and Environment Court - appeals against Orders or Notices issued by Council $797.23 $0.00

Class 4 Land and Environment Court matters - non-compliance with Council Orders, Notices or Prosecutions $713.60 $0.00

Class 5 Land and Environment Court - Pollution and Planning prosecution matters $18,902.84 $0.00

Class 6 Land and Environment Court - appeals from convictions relating to environmental matters $0.00 $0.00

Land and Environment Court tree dispute between neighbours matters $0.00 $0.00

District Court Appeal matters $0.00 $0.00

Local Court Prosecution matters $10,972.13 $0.00

Matters referred to Council’s Solicitor for Legal Advice $15,283.24 $0.00

Miscellaneous costs not shown elsewhere in this table $0.00 $0.00

Costs Sub-Total $99,372.64 $15,000.00

Overall Net Costs Total (GST exclusive) $84,372.64


That the information be noted. Committee’s Recommendation: (Hawker/Thompson) That the Officer's Recommendation be adopted. CARRIED Council Meeting 8 February 2011 (Kolkman/Borg) That the Officer's Recommendation be adopted. Council Resolution Minute Number 8 That the Officer's Recommendation be adopted.

Planning and Environment Committee Meeting 1 February 2011 5.1 Playgrounds

5. GENERAL BUSINESS

5.1 Playgrounds Committee’s Recommendation: (Hawker/Greiss) That a report be presented detailing the number of playgrounds in the Local Government Area that have been closed in the last 10 years. CARRIED Council Meeting 8 February 2011 (Kolkman/Borg) That the Committee's Recommendation be adopted. Council Resolution Minute Number 8 That the Committee's Recommendation be adopted.

5.2 Oxford Road Bus Shelter Committee’s Recommendation: (Thompson/Matheson) That a report be presented investigating the feasibility of providing a bus shelter at the bus stop located at 156 Oxford Road, Ingleburn. CARRIED Council Meeting 8 February 2011 (Kolkman/Borg) That the Committee's Recommendation be adopted. Council Resolution Minute Number 8 That the Committee's Recommendation be adopted.

Planning and Environment Committee Meeting 1 February 2011 18.1 Confidential Information Relating To Items On The Planning And Environment Agenda 1

February 2011

18. CONFIDENTIAL ITEMS

18.1 Confidential Information relating to items on the Planning and Environment Agenda 1 February 2011

Reason for Confidentiality

This report is CONFIDENTIAL in accordance with Section 10A(2)(c) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

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

There being no further business the meeting closed at 8.48pm. R Kolkman CHAIRPERSON

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