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Reports of the Planning and Environment Committee Meeting held at 7.30pm on Tuesday, 25 August 2009. APOLOGIES DECLARATIONS OF INTEREST Pecuniary Interests Non Pecuniary – Significant Interests Non Pecuniary – Less than Significant Interests

ITEM TITLE PAGE

1. WASTE AND RECYCLING SERVICES 3

1.1 Mobile Phone Recycling and Reuse 3

2. ENVIRONMENTAL PLANNING 5

2.1 Underground Mining - Implications for Council 5

2.2 Macarthur South Development Area 10

2.3 Changes to the Local Environmental Plan Making Process 14

3. DEVELOPMENT SERVICES 21

3.1 Development Services Section Application Statistics - July 2009 21

3.2 No. 38 Missouri Street, Kearns - Alterations and additions to existing dwelliing, construction of pool, shed and bale structure

22

3.3 Lot Nos. 1, 23, 24, 26 Macquarie Links Drive, Macquarie Links - Subdivision into 48 allotments and one residue lot for a hotel – in two stages

49

4. COMPLIANCE SERVICES 96

4.1 Legal Status Report 96

4.2 Re-Establishment of Alcohol Free Zones 110

4.3 Compliance Services Section Quarterly Activity Summary Report April to June 2009

115

5. GENERAL BUSINESS 124

10. CONFIDENTIAL ITEMS 124

10.1 Confidential Information Relating to Various Items on Planning and Environment Agenda 25 August 2009

124

Planning and Environment Committee Meeting 25 August 2009 6B1.1 Mobile Phone Recycling And Reuse

Minutes of the Planning and Environment Committee held on 25 August 2009 Present Councillor R Kolkman (Chairperson)

Councillor J Bourke Councillor G Greiss Councillor M Oates Councillor J Rowell Councillor R Thompson General Manager - Mr P Tosi Director Planning and Environment - Mr J Lawrence Acting Manager Environmental Planning - Ms R Winsor Manager Development Services - Mr J Baldwin Manager Financial Services - Mrs C Mears Manager Waste and Recycling Services - Mr P Macdonald Manager Community Resources and Development - Mr B McCausland Senior Development Planner - Mr C Hammersley Corporate Support Coordinator - Mr T Rouen Executive Assistant - Mrs K Peters

Apology (Oates/Greiss)

That the apology from Councillor Lake be received and accepted. CARRIED

Acknowledgment of Land An Acknowledgement of Land was presented by the Chairperson Councillor Kolkman. DECLARATIONS OF INTEREST Declarations of Interest was made in respect of the following item: Non Pecuniary – Less than Significant Interests Councillor Greiss - Item 4.1 - Legal Status Report , Pope Shenouda III Coptic Christian Centre - Councillor Greiss advised that he attends the Church in question on average on a fortnightly basis. He is not on the board nor does he receive remuneration and he will stay in the Chamber and vote on the matter.


1. WASTE AND RECYCLING SERVICES

1.1 Mobile Phone Recycling and Reuse

Reporting Officer

Manager Waste and Recycling Services

Attachments

Nil

Purpose

To outline ways that Council could work with not for profit agencies collecting unwanted mobile phones for use in developing countries and to provide an update on the 'MobileMuster' mobile phone recycling program.

History

Council at its meeting on 14 April 2009 requested a report outlining ways that Council can work with the not for profit organisation ‘Enable Community’ to establish a depository for unwanted second-hand mobile phones.

Report

'Enable Community' is a not for profit organisation that collects unwanted mobile phones and provides them to small businesses in developing countries. These phones provide access to affordable communications to those who would otherwise not be able to afford the service. Once phones are donated to 'Enable Community', they are tested and repaired if necessary, then provided to small businesses to assist them in establishing and growing their business. Any phones that are not able to be repaired or refurbished are then provided to 'MobileMuster' for recycling, so resources from any phones that cannot be reused are still recovered. Council is currently participating in the 'MobileMuster' program on an ongoing basis, and residents are able to drop off any unwanted mobile phones, batteries, chargers and accessories to Council's Civic Centre for recycling through this program. Council has consulted with 'MobileMuster' about the prospect of diverting working phones collected through the program to 'Enable Community'. 'MobileMuster' has stated that their preference is to continue to deliver all phones to them for recycling, however, they have no objection to Council working with 'Enable Community'. Should Council decide to work with 'Enable Community', 'MobileMuster' will continue to receive any phones, batteries, chargers and accessories that are no longer able to be used, and these will be recycled by 'MobileMuster'.


It is proposed that Council investigates the possibility of working in partnership with 'Enable Community' to donate phones dropped off by residents to their program. Once phones are dropped off, they can be inspected by Council staff to determine whether they may be reusable. Those that are still working can be donated to 'Enable Community', and the remainder can be sent to 'MobileMuster' for recycling. Should Council decide to work with 'Enable Community', an advertising campaign would be carried out through local newspapers, posters at Council facilities and on Council's website. Further, it is proposed that Council increase the number of collection points throughout the Campbelltown Local Government Area. Given that Council operates a number of library services which are spread throughout the Local Government Area, the proposal is to include each of Council's libraries as a collection point for unwanted mobile phones. Providing additional collection points will assist in making the collection program more accessible to the public. Including Council's libraries as collection points will also mean that residents will be able to participate in the collection program after normal business hours and on weekends. During the time that Council has been involved with the 'MobileMuster' program, Campbelltown residents have dropped off over 100 kilograms of mobile phones, batteries, chargers and accessories for collection. It is anticipated that an increase of collection points and advertising will increase community participation in the collection program.

Officer's Recommendation

1. That Council donate reusable mobile phones collected under the 'MobileMuster' program to 'Enable Community'.

2. That Council continue to provide any mobile phones or accessories not suitable for reuse

to 'MobileMuster' for recycling. 3. That Council increase the number of collection points for unwanted mobile phones by

including Council facilities other than the Civic Centre. 4. That Council conduct an advertising campaign to inform residents about what happens to

their mobile phones and accessories once they drop them off to Council. Committee’s Recommendation: (Rowell/Thompson) That the Officer's Recommendation be adopted. CARRIED Council Meeting 1 September 2009 (Kolkman/Oates) That the Officer's Recommendation be adopted. Council Resolution Minute Number 221 That the Officer's Recommendation be adopted.

Planning and Environment Committee Meeting 25 August 2009 7B2.1 Underground Mining - Implications For Council

2. ENVIRONMENTAL PLANNING

2.1 Underground Mining - Implications for Council

Reporting Officer

Manager Environmental Planning

Attachments

Nil

Purpose

To advise on the implications for Council in dealing with future applications for underground mining including exploration work.

History

At its Ordinary Meeting held on 5 May 2009 (item 5.3 Illawarra Coal), Council resolved as follows: That Council refuse permission for Illawarra Coal to carry out coal exploration activities in the Campbelltown Local Government Area resolved as follows: 1. That Council defer this matter pending urgent consideration of a report and that examines

any legal implications for Council associated in dealing with future applications for underground mining including exploration work.

2. That the report includes information relating to the experience of Singleton Council in

relation to underground mining.

Report

There are a number of stages and approval processes that the mining industry is required to undertake before the extraction of resources can commence. All exploration or mining activity in NSW can only be undertaken on titles which are issued by the State Government generally under the Mining Act 1992 or the Petroleum (Onshore Act) 1982. These include exploration licences and mining leases, which stipulate specific operating and environmental conditions. Exploration Licences Exploration licences are issued by the NSW Department of Primary Industries and provide for the licence holder to search for minerals within a limited area of land (generally covering sites from 3 to 300 square kilometres), and are usually granted for periods of 3-5 years. The licence will include conditions to ensure the protection of the environment, and the lodgement of a security deposit to cover the cost of any rehabilitation. Whilst the information provided by the Department


of Primary Industries on its website notes that any applicant must give notice of any application for an exploration licence in “The Land” and relevant local newspaper, it is understood that this is the Department’s own policy and such advertising is not stipulated in the provisions of the Mining Act 1992. Licences can be granted over land without the property owner’s approval, except where the site includes a dwelling house and certain improvements, and exploration close to these items is proposed. However, if agreement cannot be reached between the owner and the licence holder, then access to the site can be determined by an arbitrator. Approval Process If, after exploration, mining is considered viable, then a proponent will require a mining lease. Such leases are granted by the Department of Primary Industries under the Mining Act 1992. However, prior to the issuing of any mining lease for underground coal mining a proponent is required to obtain development approval from the Minister for Planning under the provisions of the Environmental Planning and Assessment Act 1979. The application for such an approval must be accompanied by an extensive environmental assessment, which is prepared in consultation with relevant government agencies and the Director-General of the Department of Planning, who provides a list of requirements which need to be addressed in the final document. Upon completion, the environmental assessment is placed on public exhibition for a minimum of 30 days, to provide an opportunity for the community to comment. Development approvals will include conditions that require the preparation and implementation of a number of management plans and strategies, including a subsidence management plan for underground coal mining and independent environmental audits. No mining lease can be granted without it being substantially consistent with any development approval issued by the Minister for Planning. In accordance with the Guideline for Applications for Subsidence Management Approvals (issued by the Department of Primary Industries) all subsidence management plans must include a community consultation component to ensure satisfactory feedback from relevant stakeholders into the preparation of the plan, and also to enable the community to fully understand the impacts of land subsidence due to mining activities. Subsidence management plans must be approved by the Director General of the Department of Primary Industries. Approval Process from Exploration to Mining in accordance with the Policy of the Department of Primary Industries Government Process Community Input Exploration Licence issued by the Department of Primary Industries

Newspaper Advertisement Landholder Access Agreement

If the project is confirmed as viable an Environmental Assessment is prepared for approval by the Minister for Planning.

Community Consultation

If the project is approved by the Minister for Planning then a Mining Lease can be issued by the Department of Primary Industries.

Nil

Finally a Subsidence Management Plan must be prepared for underground coal mines and approved by the Director General of the Department of Primary Industries.

Community Consultation


Mine Subsidence Districts Mine subsidence districts are areas proclaimed by the State Government where underground coal mining has been, or is continuing to be carried out, or where significant coal reserves have been identified. Approval from the Mine Subsidence Board is required for any substantial building work (at surface level) proposed within a mine subsidence district, to ensure appropriate building practices are used to assist in the mitigation of any detrimental impacts that may result from underground coal mining. If underground mining causes damage to properties on the surface due to subsidence of the land, then the Mine Subsidence Board is responsible for the administration of any compensation due, whether or not the property is located within a mine subsidence district, or whether it was built before a district was proclaimed. However, the Board will not award compensation for damaged buildings that have been constructed within a mine subsidence district in contravention of, or without the Board’s approval. Implications for Council As can be seen from the above information, Council is not the approval authority for exploration licences, mining leases or development approvals issued under Part 3A of the Environmental Planning and Assessment Act 1979, which is the legislation that generally deals with underground coal mining activity. It appears that the only approval required from Council would be in relation to a traffic management plan, where it is proposed that trucks will undertake seismic work for exploration purposes on roads within the Campbelltown Local Government Area. (Please note that Council has received a road occupancy application from Illawarra Coal with regard to the proposed exploration work within the Wedderburn area, and that this matter is the subject of a report by the Manager Technical Services to the City Works Committee, meeting to be held 25 August 2009). Nonetheless, Council would be included in any community consultation programs, and would have the opportunity to comment on the various stages of the approval process of any underground mining activity. It is also important to note that mining can only occur where it is a permissible land use. However, whilst Council has the ability to change the provisions of its local planning instruments, it is unlikely that the Department of Planning would agree to Council prohibiting underground mining activities in areas where it is currently permissible without very substantial justification. Singleton Council’s Experience At its meeting held 12 May 2009, Singleton Council resolved as follows: “That while Singleton Council acknowledges its close association with the mining industry and the importance of coal mining, it also acknowledges the importance of all rural villages within the Singleton Local Government Area. Council expresses its concern at the lack of public consultation regarding the proposed Exploration Licence EL3465 of Peabody Pacific Pty Ltd (Wambo Coal Pty Ltd) to the west of Singleton. Of particular concern is the inclusion of a section of the village of Jerry’s Plains in the proposed Exploration Licence and the detrimental effect on its community.


In light of these concerns Council requests the Department of Primary Industries (Mineral Resources) and the Department of Planning to acknowledge the Council’s concerns and in relation to Exploration Licence EL3465, and any further exploration licences or mining leases granted or not granted within the Singleton local government area to take into account the following requirements: 1. A buffer zone for all rural villages to be established for open cut and underground mining; 2. A more open and realistic consultation process for our communities prior to advertising the

proposed exploration; 3. Mining companies be compelled to consult with their relevant Community Consultative

Committee regarding their proposed exploration area(s). In respect to Exploration Licence EL3465 Council further request that: 1. Council support the objections and the demands of the community of Jerry’s Plains and ask

the relative departments to respond to these community concerns (demands). 2. Letters be sent to the Department of Primary Industries (Mineral Resources) and the

Department of Planning as soon as possible outlining Council’s and the community’s concerns and requests prior to the approval of EL3465.

3. Council initiate consultation with the Department of Primary Industries (Mineral Resources),

Department of Planning, Peabody Pacific Pty Ltd (Wambo Coal Pty Ltd), Singleton Council and Wambo Community Consultative Committee to commence as soon as possible for a buffer zone for the village of Jerry’s Plains.”

In response to its letter to the Department of Primary Industries, Singleton Council received correspondence from the Minister, which effectively outlined the obligations of any applicant of an exploration licence with regard to buildings and structures within the proposed exploration area. The Minister also advised that exploration licences generally covered sites larger than the potential mining area, and thus he would not be considering any reduction in the area covered by the subject exploration licence application. Conclusion Clearly the property owners of any area that is subject to an exploration licence for coal investigation, would be concerned by the impact of any future mining of such a resource. Thus, the importance of ensuring that the affected community is well informed of any applications for exploration licences and the likely outcomes and impacts of any potential future mining, should occur as early as possible.


Whilst it may not be of much comfort to some property owners, it is important to note that damage caused by mine subsidence on structures not located within proclaimed mine subsidence districts, are still covered by the provisions of the Mine Subsidence Compensation Act 1961.


That Council note the information provided in this report with regard to the implications for Council associated in dealing with future applications for underground mining including exploration work, and the experience of Singleton Council in relation to mining issues. Committee’s Recommendation: (Bourke/Oates) 1. That Council note the information provided in this report with regard to the implications for

Council associated in dealing with future applications for underground mining including exploration work, and the experience of Singleton Council in relation to mining issues.

2. That Council express to the Department of Primary Industries its support for the concerns

of Wedderburn residents should a license be granted for longwall mining in their area, given that development has occurred there overtime without reference to the possibility of mining subsidence.

CARRIED Having declared an interest in Item 2.1 Councillor Chanthivong left the Chamber and did not take part in debate nor vote on this matter. Council Meeting 1 September 2009 (Kolkman/Oates) That the Committee's Recommendation be adopted. Council Resolution Minute Number 222 That the Committee's Recommendation be adopted. Following discussion of this matter Councillor Chanthivong returned to the Chamber.

Planning and Environment Committee Meeting 25 August 2009 8b2.2 Macarthur South Development Area

2.2 Macarthur South Development Area

Reporting Officer


Attachments

Copy of the Minister for Planning’s media release dated (22 July 2009).

Purpose

To update Council on the current status of the proposed Macarthur South development area.

History

Council, as part of its deliberations with regard to the proposed Leaf’s Gully gas fired power generating facility, resolved at its meeting held on 9 June 2009, that a further report be submitted to Council examining the future development of the Macarthur South area.

Report

The Department of Planning undertook a strategic review in 2007 of the future land release potential within the whole of the area known as Macarthur South. This area was previously deferred for consideration for future urban land release due to air quality issues. However, the strategic review by the Department addressed housing demand and supply in the Macarthur South area, and it is understood that the initial findings indicated that land release may not be warranted in the immediate future. Also, the Draft South West Sub Regional Planning Strategy again prepared by the Department of Planning and published for public comment in 2008, notes the following:

“The Macarthur South area contains important coal resources. Mining of these resources is expected to continue for at least 30 years. The mining industry should be encouraged to plan mining operations to prevent conflict between mining and urban development post 2031. This means that there is no case for urban development in Macarthur South until the North West and South West Growth Centres are substantially developed.”

However, it is understood that the Department of Planning has recently undertaken a further review of the viability of the Macarthur South area, and the outcomes of this review are apparent in the Minister for Planning’s media release issued on 22 July 2009 (please see Attachment 1). This media release advised of the planning work currently underway within the North West and South West Growth Centres, to support the State Government’s “staged land release strategy to provide enough housing land to meet demand and keep homes affordable, and locate homes near where people will work”.


With regard to Macarthur South the Minister advises that “given the focus on providing homes close to infrastructure and jobs, investigations will cease into a proposed housing release in Macarthur South”, the Minister further advises that: “The decision to stop investigating Macarthur South was based on factors including housing needs, infrastructure costs and the value of resources in the area. We are already planning sufficient land supplies in the South West Growth Centre to meet housing needs in the area for the next 25 years”. Whilst the Government previously advised that after further investigation of the viability of the Macarthur South area it would release a discussion paper for public comment, it now considers that the prohibitively high infrastructure costs do not warrant the development of Macarthur South at this time, and is thus concentrating on developing land within the Growth Centres. However, it is noted that certain land at Mt Gilead is listed on the Metropolitan Development Program which is not affected by this decision. Nonetheless, Councillors should also be aware that the Minister has stated in her media release that: “Consideration of land release proposals for other relatively smaller areas within Macarthur South may be given if they meet the Government’s requirements, particularly regarding infrastructure provision”. Given the proximity of some of this land to the southern urban edge of Rosemeadow, it is conceivable that the Government may consider proposals for smaller scale urban development at some time in the future.


That the information in this report with regard to the future development of the Macarthur South area be noted. Committee’s Recommendation: (Oates/Bourke) 1. That the information in this report with regard to the future development of the Macarthur

South area be noted. 2. That in regard to smaller scale urban development along Appin Road the Department of

Planning be asked to take into account:

a) The importance of establishing a biodiversity corridor between the Georges and Nepean Rivers.

b) The impacts on health of future housing development in this area given the inadequacy

of public transport provision. CARRIED Council Meeting 1 September 2009 (Kolkman/Oates) That the Committee's Recommendation be adopted. Council Resolution Minute Number 221 That the Committee's Recommendation be adopted.

Planning and Environment Committee Meeting 25 August 2009 8b2.2 Macarthur South Development Area ATTACHMENT 1

Media Release - Minister's Office

Sydney: 22 July 2009

PLANNING STARTS FOR NEW HOUSING AND EMPLOYMENT LAND IN SYDNEY

The NSW Government has started planning work for new potential housing and employment land in North West and South West Sydney. This will include a public exhibition process.

Planning Minister, Kristina Keneally, today announced the Government will start consulting councils about the next phase of planned land releases in the Growth Centres.

“We are in the very early stages of planning for new housing and employment land in the Growth Centres,” Ms Keneally said.

“This is part of the Government’s staged land release strategy to provide enough housing land to meet demand and keep homes affordable, and locate homes near where people will work.

“Work will soon begin on land releases in Box Hill, Box Hill Industrial and Schofields precincts in the North West, and North Leppington and Austral precincts in the South West.

“The Government will now start discussions with Hills Shire and Blacktown Councils about release of 1,400 hectares of land for new dwellings, and 200 hectares of employment land.

“And we will start work with Liverpool and Camden Councils about release of 1,700 hectares of land for new houses.

“The planning for release of these precincts follows consultation with Sydney Water, Integral Energy, the RTA, Ministry of Transport, and other State Government agencies.

“This work, already undertaken, will speed up future planning approvals, and set into action plans for major infrastructure provision which will be required.” Ms Keneally said that includes:

• Water infrastructure, including upgrade of sewage treatment facilities;

• Road infrastructure, including investing in Camden Valley Way; and

• Other infrastructure, including schools, police, justice, health and emergency services.

Ms Keneally said that since 2005, around 40,000 lots have been released in the Growth Centres with nearly 20,000 lots already rezoned.

“Titles were issued for 97 residential lots in May 2009 in the Colebee Precinct in the North West. Development Applications have also been lodged for residential subdivisions at Oran Park and Turner Road Precincts in the South West,” Ms Keneally said.

“Work is also underway on the Oran Park Town Centre and the Government has negotiated works in kind agreements for the Oran Park Link Road to be built and funded upfront by developers.”


Ms Keneally said given the focus on providing homes close to infrastructure and jobs, investigations will cease into a proposed housing release in Macarthur South, 25 kilometres south of Campbelltown.

Macarthur South, if allowed to fully develop, would have seen up to 62,000 houses built in an area of about 17,000 hectares. The area is about the same size as the South West Growth Centre.

”The decision to stop investigating Macarthur South was based on factors including housing needs, infrastructure costs and the value of resources in the area,” Ms Keneally said.

“We are already planning sufficient land supplies in the South West Growth Centre to meet housing needs in the area for the next 25 years.

“Investigations by the NSW Government show development of Macarthur South is unviable at this time, with potential infrastructure costs of more than $100,000 per lot to service an extra 90,000 people.

“Infrastructure costs alone for water supply and sewerage, roads, education and transport services, which would be needed for the full Macarthur South proposal, would run into the billions of dollars.

“The Government previously said we would investigate the Macarthur South proposal, then put a discussion paper on public exhibition to gauge community and stakeholder opinion.

“However after further consideration, we’ve identified the infrastructure required would be prohibitively expensive to provide services for land we don’t yet need.

“The Government is instead focussing on delivering land to meet demand in the South West Growth Centres, and delivering infrastructure to support that such as the South West Rail Line.

“We have allocated $804 million this year for stage 1 of the South West Rail Line.

“This project will allow for increased and more reliable train services through the construction of a rail flyover north of Glenfield Station, as well as additional signalling works, new systems and new track.”

Ms Keneally said this decision does not impact on the Mt Gilead release area, which is already included in the Metropolitan Development Program (MDP) and is yet to be rezoned.

Consideration of land release proposals for other relatively smaller areas within Macarthur South may be given if they meet the Government’s requirements, particularly regarding infrastructure provision. These sites would require a thorough rezoning investigation.

Important statement about political donations

New donation disclosure laws came into effect on 1 October 2008. More information is available from http://www.planning.nsw.gov.au/assessingdev/donations.asp.

Investigations into Macarthur South occurred prior to the introduction of new donation disclosure laws and the establishment of the Planning Assessment Commission. The Election Funding Authority website, www.efa.nsw.gov.au, shows that the major landowners in the Macarthur South area, including MacroPlan, Walker Corporation, Bradcorp / Delfin Lend Lease, and Australand have made donations to political parties, including the Labor Party, in the period up until February 2008.

Planning and Environment Committee Meeting 25 August 2009 9B2.3 Changes To The Local Environmental Plan Making Process

2.3 Changes to the Local Environmental Plan Making Process

Reporting Officer


Attachments

1. Flowchart outlining the process to make a local environmental plan as issued by the Department of Planning.

2. Comparison table of previous and new process for the preparation of local environmental plans.

Purpose

To advise Council of the recent changes to Part 3 of the Environmental Planning and Assessment Act 1979, with regard to the preparation of local environmental plans.

History

In June 2008 the NSW Government approved a number of reforms to the planning system which was created some 30 years ago. These reforms included the following State Government initiatives as outlined in its fact sheet issued in June 2008: • Taking the politics out of major development applications, by establishing an independent

Planning Assessment Commission and Joint Regional Planning Panels. • Cheaper, faster reviews of decisions for ordinary applicants, through the use of a new

system of planning arbitrators and of increased rights to appeal given to local community objectors.

• More transparent and accountable infrastructure contributions, by providing clear rules

defining which infrastructure councils can levy, and ensuring affordable levies. • Tighter rules for private certification, by including limits on certifiers’ annual income, high

penalties for breaches and an expansion in the use of exempt and complying development. • Cutting red tape to encourage the live music and entertainment scene, by removing the

need for venues to obtain a ‘place of public entertainment’ licence from councils. • Other changes, including further benefits for local government. These include better

protection for consumers under strata laws, clearer rules on the lapsing of development consents, and changes to the rezoning system.


Report

Purpose of Changes The purpose of the changes that the State Government has made to Part 3 of the Environmental Planning and Assessment Act 1979 (the Act), with regard to the preparation of local environmental plans (LEPs), is to streamline the plan-making system. Effectively it is proposed that the timing of the rezoning process will be reduced, with major land releases taking between 6-12 months and minor spot rezonings only 3 months. It is also intended that the new system will ensure that only viable proposals are allowed to proceed. The Department of Planning (DoP) will provide an “online” tracking system for every proposed LEP, which will be available for anybody to access. Who Initiates the Preparation of LEPs? As has previously been the case, only councils or the Minister for Planning can initiate the preparation of an LEP. However, the body undertaking the process of the preparation of an LEP is now called the relevant planning authority (RPA). With council initiated LEPs, councils would be the RPA, but with Minister initiated LEPs it could be the Director-General or other person or body, which could include the new Joint Regional Planning Panel (JRPP). Process for the Preparation of LEPs The new process for the preparation of LEPs is set out as follows: 1. Planning Proposal

In the first instance a Planning Proposal (PP) is prepared either by the council or a proponent (but please note that the RPA (eg. Council) is responsible for the PP) and must include justification for its: • need, • relationship to other plans, • environmental, social and economic impact, • State and Commonwealth interests, and • details of proposed community consultation.

It is important to note that Council can formally reject or request amendments to an application for a PP in the first instance and there is no appeal against Councils decision. The PP is submitted to the Minister by the RPA for determination under the ‘gateway’ process. This appears to be the first stage in ensuring that only viable proposals proceed.

The new reforms include provisions for councils to recoup, from the proponent, any costs that it has incurred in the preparation of PPs. Also, the DoP has provided comprehensive guidelines to assist proponents and RPAs in the preparation of PPs.


2. Gateway Determination

When the DoP receives a PP from a RPA it is first registered into the online tracking system. The Department then undertakes an assessment of the proposal and makes its recommendation which is forwarded to the Department’s existing LEP Review Panel. The Panel then provides its own ‘recommended gateway determination’ to the Minister (or the Minister’s delegate). This determination will include the following: • whether the PP should proceed, be revised and resubmitted or refused, • community consultation requirements, • any consultation with State or Commonwealth Public Authorities, • whether a public hearing is required, • the times when various stages of the preparation of the LEP should be completed, • whether the making of the LEP should be undertaken by the Minister or delegated to

a RPA. No community consultation can occur without the Director-General’s (or the Director-General’s delegate’s) approval, but this is generally included as part of the gateway determination. Whilst most PPs will need to be exhibited for 28 days, low impact PPs may only need to be exhibited for 14 days. These include those that are not principal LEPs, are consistent with the surrounding land use zones/uses and strategic planning framework, require no infrastructure servicing and do not reclassify public land.

3. RPA Considers Submissions

Upon completion of the public exhibition period, the RPA considers all the submissions received as a result of the public exhibition, and may vary the PP if considered necessary. If the PP is revised, a copy must be sent to the Minister for further consideration and advice as to whether it needs to be re exhibited or the gateway determination amended, etc.

4. Legal Drafting of LEP

Upon receipt of a finalised PP from the RPA, the DoP will instruct Parliamentary Counsel to prepare the LEP. The DoP will consult with the RPA in the preparation of the LEP.

5. Making the LEP

The Minister or the Minister’s delegate makes the LEP and it comes into effect when published on the NSW legislation website.

Please see Attachment 1 for a copy of the flowchart issued by the DoP with regard to the processes involved in the making of a LEP. Savings and Transitional Provisions These provisions apply to all pending draft LEPs, both draft ‘amending’ LEPs (being direct amendments to existing environmental planning instruments) and draft ‘principal’ LEPs (all other LEPs). However, draft ‘principal’ LEPs which have been notified to the Director-General prior to 1 July 2009 will continue to be prepared under the previous plan making provisions. Draft ‘amending’ LEPs where a section 65 certificate (which enables public exhibition) has already been issued, can continue preparation under the previous plan making provisions up until 1 July


2010. Where no section 65 certificate has been issued previous plan making provisions apply until 1 January 2011. However, clause 12(2) of the Environmental Planning and Assessment Regulation 2000 provides for the Director-General at any time to require particular draft LEPs to be prepared under the new plan making provisions. Expedited amendments to EPIs The provisions of the Act which allowed for minor amendments to be expedited (generally for typographical errors, and consequential matters, etc) have been broadened to include matters that the Minister considers are minor and do not warrant compliance with the conditions precedent for the making of an instrument. Comments It appears that the basic process of preparing LEPs has not significantly changed as a result of the Part 3 reforms, but rather the procedures have been amended resulting in more emphasis being put on the importance of the PP documentation, and enhanced monitoring of, and input to, the whole process by the Minister or Director-General of the DoP. Approval is required from the Minister for Planning at various stages throughout the whole process. These stages include the public exhibition of the PP and any amendments to the original PP, which can occur as a result of the gateway determination, government agency consultation or community consultation. Attachment 2 provides a simplified comparison of the previous and new process. Whilst Council has previously been given delegation from the Minister to issue certificates to enable the public exhibition of draft LEPs, it is not clear from the information provided in relation to the Part 3 changes, whether this will still be the case. It is important to note that whilst the RPA may decide not to continue with a draft LEP at any time, it must get the Minister’s approval, and the Minister is not obliged to discontinue the process. Also, where the Minister considers that a council is not fulfilling its obligations as the RPA for the preparation of a draft LEP, the Minister is able to delegate those functions to the Director-General (or any other person or body prescribed by the Regulations). Further it is noted that the Minister may arrange for a review of a PP by the Planning Assessment Commission or a Joint Regional Planning Panel, if the Minister considers it necessary or appropriate. The planning proposal is clearly meant to be a robust document containing all relevant information, and will be the basis of the public exhibition documentation. Previously Council would have exhibited a draft LEP (being a written instrument and map if required) supported by a plain English version of the draft LEP (to ensure that the community fully understood the implications of the purpose of the draft plan) and any other relevant information, eg applicable legislation, additional technical studies, etc. Under the Part 3 reforms Council will no longer be required to draft the written LEP instrument, as Parliamentary Counsel will be instructed by DoP to undertake this work after the public exhibition of the PP. However, Council will be consulted by DoP in this process. Also, the provision to prepare a report to the Minister under section 69 of the Act, no longer applies. This report previously provided an overall explanation and history of the draft LEP including all Council reports, relevant government information, the results of the public exhibition and any amendments. It appears now that the final PP will provide all the information that the Minister requires to approve and make an LEP.


There is no doubt that the Minister now has additional authority and will have significant input into the preparation of LEPs.


That Council note the information provided in this report with regard to the changes made by the State Government to Part 3 of the Environmental Planning and Assessment Act 1979 in relation to the making of local environmental plans. Committee’s Recommendation: (Bourke/Thompson) 1. That Council note the information provided in this report with regard to the changes made

by the State Government to Part 3 of the Environmental Planning and Assessment Act 1979 in relation to the making of local environmental plans.

2. That Council seek clarification from the Department of Planning where doubt and ambiguity

remain with respect to the new Part Three provisions of the Environmental Planning and Assessment Act 1979.

CARRIED Council Meeting 1 September 2009 (Kolkman/Oates) That the Committee's Recommendation be adopted. Council Resolution Minute Number 221 That the Committee's Recommendation be adopted.

Planning and Environment Committee Meeting 25 August 2009 9B2.3 Changes To The Local Environmental Plan Making Process ATTACHMENT 1


ATTACHMENT 2 Comparison of Previous and New Process for Preparing Local Environmental Plans Previous Process New Process Application for change of land use prepared by proponent or Council

Planning proposal prepared by proponent or Council

Council considers the application, resolves to prepare a draft LEP and forwards to Department of Planning (DoP)

Council considers planning proposal and resolves to forward to Minister for Planning

Application is assessed by DoP, and forwarded to the LEP Review Panel

Planning proposal assessed by DoP, and forwarded to the LEP Review Panel together with its recommendation of the proposal

LEP Review Panel considers application and advises the DoP of its decision which is forwarded to Council

LEP Review Panel considers application through the ‘gateway’ process and advises the DoP of its decision and requirements, which are forwarded to Council

Council consults with relevant government agencies and prepares a draft LEP

Council consults with relevant government agencies and amends planning proposal if required. Amended proposals must be submitted to the Minister who will advise of any changes to the gateway determination

Draft LEP is referred to the DoP for a certificate permitting public exhibition (unless Council has been given delegation by the Director-General to issue its own certificate).

Director-General issues approval for public exhibition

Public exhibition for a minimum of 28 days Public exhibition (generally 28 days or 14 days for minor amendments)

Council considers submissions, amends draft LEP and re-exhibits if required, and forwards to Parliamentary Counsel for an opinion

Council considers submissions, amends planning proposal if required and forwards to Minister for consideration

A report is prepared under section 69 of the Act (either by the DoP or Council if it has delegation) which provides all relevant information with regard to the history and preparation of the draft LEP including submissions. This report is referred firstly to the LEP Review Panel and then to the Minister with a request to approve and make the plan

DoP instructs Parliamentary Counsel to prepare draft LEP. DoP consults with Council

Minister for Planning approves the LEP which comes into effect when published on the legislation website

Minister for Planning approves the LEP which comes into effect when published on the legislation website

Planning and Environment Committee Meeting 25 August 2009 10b3.1 Development Services Section Application Statistics - July 2009

3. DEVELOPMENT SERVICES

3.1 Development Services Section Application Statistics - July 2009

Reporting Officer

Manager Development Services

Attachments

Development Services Section Application Statistics for July 2009 (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 July 2009 as they affect the Development Services Section.


That the information be noted. Committee’s Recommendation: (Oates/Greiss) That the Officer's Recommendation be adopted. CARRIED Council Meeting 1 September 2009 (Kolkman/Oates) That the Officer's Recommendation be adopted. Council Resolution Minute Number 221 That the Officer's Recommendation be adopted.

Planning and Environment Committee Meeting 25 August 2009 11B3.2 No. 38 Missouri Street, Kearns - Alterations And Additions To Existing Dwelliing,

Construction Of Pool, Shed And Bale Structure

3.2 No. 38 Missouri Street, Kearns - Alterations and additions to existing dwelliing, construction of pool, shed and bale structure

Reporting Officer


Attachments

1. Recommended conditions of development consent 2. Locality plan 3. Site plan 4. Existing/Demolition plan 5. Floor plans 6. Elevation plans 7. Landscape plan

Purpose

To assist Council in its determination of the subject development application in accordance with the provisions of the Environmental Planning and Assessment Act 1979. Property Description Lot 6 DP 748169 No.38 Missouri Street, Kearns

Application No 709/2009/DA-AL

Applicant Oliver Gaut, Lana Gaut

Owner Oliver Gaut, Lana Gaut

Statutory Provisions Campbelltown 2025 “Looking forward”

Campbelltown (Urban Area) Local Environmental Plan 2002

Campbelltown (Sustainable City) Development Control Plan

Development Control Plan No 49- Rural Environmental Protection Subdivision and Dwelling Policy

Date Received 9 April 2009

Introduction A development application has been received for the construction of additions and alterations to an existing dwelling house, the construction of a detached garage, in-ground concrete swimming pool and a thatched roof pavillion known as a bale. The development application was notified to adjoining land owners in accordance with Council's notification policy (DCP No. 87) and no submissions were received.



The Site The site has an area of approximately 4,000 square metres. The land has approximately 5 metres of fall across the site sloping towards the frontage with Missouri Street. The site is zoned 7(d6) Environmental Protection (0.4 Hectare Minimum) Zone under Campbelltown (Urban Area) Local Environmental Plan 2002 (CLEP). The area adjacent to the subject site is zoned 2(b) – Residential B Zone under the CLEP. The street is characterised by low density residential development. The site is relatively devoid of any substantial vegetation, however recently the owner has begun to plant advanced palm species on the site. The Proposal Development consent is being sought to construct an addition and alterations to the existing dwelling, construction of an in-ground swimming pool, construction of a detached garage and construction of detached thatch roof pavillion ("bale"). The proposed dwelling addition includes construction of a first floor master bedroom and ensuite over an existing double garage and construction of a new single storey living area and terrace attached to the rear of the existing dwelling. Further internal alterations creating a new kitchen and reconfiguring the internal layout of the existing dwelling are also proposed. The external design of the proposed additions present as a contemporary residential style. The proposed detached garage has a floor area of 267 square metres including an 87 square metre first floor storage and recreation area. The design of the garage has incorporated dwelling style features including two attached awnings, first floor windows and a first floor balcony to move the appearance of the garage away from the standard colorbond style structure. The proposed thatched roofed pavillion ("bale") has a floor area of 87 square metres and will be used as an undercover entertaining area in conjunction with the proposed concrete in-ground swimming pool. The bale was dismantled and relocated from a commercial site at Narellan. The design of the "bale" will match the tropical themed landscaping the owner is trying to achieve at the site. The swimming pool is proposed to be located between the dwelling addition and the "bale". It is a custom shape reinforced concrete in-ground swimming pool. The pool has been proposed with a safety fence isolating the pool from the dwelling and other yard activities in accordance with Australian Standard 1926-2007. Assessment The development has been assessed having regard to the matters for consideration prescribed under section 79C(1) of the Environmental Planning and Assessment Act 1979. Subsequently, the following matters have been identified for further consideration and discussion.



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 relevant strategic direction to the current proposal is:

• Protecting and enhancing the city's key environmental assets; and

• Building a distinctive Campbelltown sense of place It is considered that the proposed development is consistent with these directions. Some of the desired outcomes of Councils Vision include:

• Distinctive, in a natural and built environmental sense; • Urban environments that are safe, healthy, exhibit a high standard of design, and are

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

way; and

• Development and land use that matches environmental capacity and capability. The development application has been assessed having regard to Campbelltown 2025 looking forward. It is considered that the proposal is consistent with the relevant desired outcomes having regard to its location, design and degree of proposed landscaping. 1. Statutory Controls Section 79C(1)(a) requires Council to consider any relevant environmental planning instrument, draft environmental planning instrument or development control plan. 1.1 Campbelltown (Urban Area) Local Environmental Plan 2002 Pursuant to Campbelltown (Urban Area) Local Environmental Plan 2002 (CLEP), the site is zoned 7(d6) – Environmental Protection 0.4 Hectare Minimum Zone.



Relevant objectives of the zone include:

• to permit intensive rural-residential living on land which can be provided with sewage

reticulation (but, because of scenic quality or for other reasons, has not been zoned residential) by allowing a minimum lot size of 0.4 hectare, and

• to allow some diversity of development, but only where it is unlikely to have a

detrimental effect on the quality or character of the locality or the amenity of any existing or proposed development in the locality.

A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.

Council is required by the LEP to only grant consent for development if it is satisfied that the development is consistent with one or more of the objectives for the zone. Having regard to the abovementioned objectives and the permissibility of the development in the zone, Council is able to grant consent should it deem appropriate to do so. 1.2 Development Control Plan No 49- Rural Environmental Protection Subdivision and

Dwelling Policy Development Control Plan No.49 sets out objectives and guidelines for development in rural and non-urban areas. The policy aims to retain the rural/ residential character of these areas. The DCP 49 requires a dwelling house to be set back a minimum of 5 metres from the side and rear boundaries. The proposed dwelling addition complies with this requirement. The DCP 49 also outlines setbacks for outbuildings, however, these provisions have been superseded by the Sustainable City Development Control Plan and no longer apply. Setback requirements are discussed in further detail below. The proposal is considered to be complementary to the requirements contained within DCP 49. 1.3 Campbelltown (Sustainable City) Development Control Plan Campbelltown (Sustainable City) Development Control Plan (SC DCP) applies to the site and the development proposed in this application. A discussion of compliance with the relevant controls follows. Section 2.4 - Sustainable building design The proposed development is large enough to require a BASIX report and was accompanied by an assessment and BASIX certificate. The architectural plans for the alterations and additions and swimming pool comply with the requirements of the BASIX report. The applicant has proposed two 10,000 litre rainwater tanks collecting roof water from the proposed garage and from the dwelling. This is approximately 16,500 litres more than the minimum required by the BASIX report.



Section 2.5 - Landscaping The SC DCP does not require single residential developments to provide a landscape concept plan. However the applicant has provided a landscape plan with this application. The plan indicates extensive tropical planting including a number of advanced palms. The plans show the overall design and demonstrate how the proposed structures would blend with the tropical theme set by the owner for the site. Section 2.8.1 - Cut and fill The site has approximately 5 metres of fall across the site towards the street. The application shows the rear of the proposed garage would be excavated approximately 1.4 metres into the site to reduce the impact of its height. The excavation would be supported by an engineered retaining wall and finished in a stone-like material. The proposed development complies with the objectives of SCDCP and a variation in this instance given the circumstances (including minimising the visual obtrusiveness of the structure) is considered acceptable. Section 2.14 - Risk Management The site in not classified as Bushfire Prone nor is the site in a mine subsidence area. Section 3.3 - Building form and Character The design of the proposed development gives regard to the existing streetscape and adjoining properties. The majority of proposed new work occurs at the rear of the property, well behind the existing dwelling. Section 3.5 - Acoustic and Visual Privacy The proposed development meets the requirements of the SC DCP in relation to privacy. The swimming pool filter pump is proposed to be located within an enclosed area. The design of the proposed dwelling addition directs the majority of living area window towards the main focus area of the pool and "bale" in the back yard. Section 3.6 - Solar Access The proposed development would have little impact on solar access of adjoining properties. The proposed development is predominantly a single storey in height and is located a minimum of 5 metres from the nearest boundary. Due to the location of the two-storey section of the detached garage and the first floor section of the dwelling addition no additional shadowing of the private open space of the subject site or the adjoining properties will be created. 3.7.3 Domestic Outbuildings The proposed detached garage complies with the general provisions of the SC DCP in relation to external finishes. The proposed garage would be clad in a material similar to the dwelling addition. The proposed "bale" with its thatched roof is designed to contrast the architectural lines of the dwelling addition and blend with the tropical themed garden, swimming pool and landscaping.



Section 3.3.7.3.2 - Maximum floor area (outbuildings) The SC DCP requires that the combined floor area of all detached domestic outbuildings on non-urban land having a site area less than 2 hectares is a maximum of 150 square metres. The proposed garage and "bale" have a combined floor area of 369 square metres. The proposed garage has a floor area of 267 square metres and the proposed bale would have an area of 102 square metres. The applicant has submitted information with the application that provides details for proposed future uses of these areas and a request to vary Council’s SC DCP (pursuant to Section 1.1.7, which allows for Council to consider variations to the numerical standards in the Plan). The 180 square metre (ground floor) garage area would be used to store the owner’s 7 metre boat, a van, and a truck and landscaping machinery and equipment. The owner has expressed a firm desire to store his landscaping machinery out of view within the garage for aesthetic and security reasons. The 87 square metre upper floor area would be used to store house hold items and provide an area to store and use recreation items such as table tennis equipment and the like. The owner intends to use the proposed "bale" as an entertaining area adjacent to the proposed swimming pool. The proposed "bale" would add a considerable design element to the tropical themed garden. The SC DCP seeks to combine the total floor areas of these two structures, however the contrast of the uses of the two buildings from vehicle parking and storage to an outdoor entertainment area suggests these types of buildings should be considered separately. For this reason, it is considered appropriate to support the variation to Council’s DCP where it restricts the floor area permitted for outbuildings in non-urban areas. Section 3.3.7.3.3 - Maximum Height (outbuildings) The proposed garage has one point at which the height exceeds the maximum 4.5 metres required by SC DCP. The proposed garage is approximately 5.7metres at its highest point. The higher section of roof is an integral component of the design and adds to the architectural design of the garage. The applicant has made a concerted effort to limit the height of the building by excavating the floor slab into the site. The proposed "bale" has a 5m ridge height which is sightly over the maximum height of 4.5 metres. The "bale" is a relocated structure which makes reconfiguring the size or design difficult. Section 3.7.3.4 - Setbacks (outbuildings) The SC DCP requires a side and rear setback of 5 metres for domestic outbuildings on non urban land. The proposed garage and "bale" comply with the setback requirements. Section 3.7.4.1 - Swimming Pools/Spas general requirements The plans for the proposed swimming pool indicate that the pool would be fenced in accordance with Australian Standard 1926 2007, Swimming Pools Regulation 2007 and the Swimming Pools Act 1992.



Section 3.7.4.2 - Swimming Pool Setbacks The proposed swimming pool complies with the setback requirements for in-ground swimming pools required by the SC DCP. 2. Environmental Impacts Section 79C(1)(b) of the Act requires Council to consider the likely impacts of the development, including environmental impacts on both the natural and built environments and social and economic impacts in the locality. The main potential impacts of the development are likely to be stormwater management, and the visual impact of the outbuildings. These matters are discussed separately below. The proposed development is unlikely to have any significant local environmental impact. The proposal is a residential use in a rural-residential area (although the zoning is noted to be Environmental Protection). 2.1 Stormwater management The proposed development has a significant amount of roof area that would need to be drained. The application provides the detached garage with 10,000 litres of rainwater tank capacity to collect roof water. The over flow from these tanks would be redirected to an outlet in the street kerb and gutter. The proposed dwelling addition has also been provided with 10,000 litres of tank capacity. The stormwater plumbing will be reconfigured to collect all the roof water from the addition. The overflow from the tanks would be redirected to the kerb and gutter. The likely impact on neighbours and the environment resulting from this proposed stormwater recirculation is considered to be minimal. 2.2 Visual impact The proposed detached garage would have some visual impact on the surrounding area. However, it is considered that the impact would be less than may be expected for a large out building having regard to the design of the building and the use of an external cladding that would match the new cladding on the dwelling addition. The proposed location of the garage in the rear corner of the site and the excavation of the floor slab in the site both help mitigate the visual impact. The extensive advanced landscaping proposed by the owner will continue to reduce the visual impact of the development and integrate the proposed structures into the site. 3. Suitability of the Site Section 79C(1)(c) of the Act requires Council to consider the suitability of the site to accommodate the development. Currently there is a dwelling house located on the site. The proposed development is ancillary to the existing dwelling and current residential use of the site. The site is considered to be suitable for the proposed development. 4. Public Notification and Submissions Section 79C(1)(d) of the Act requires Council to consider submissions made to the development. The development application was notified to the adjoining owner in accordance with Councils Notification policy (DCP No. 87) and no submissions were received.



Conclusion A development application has been received for the construction of a dwelling addition and alterations to the existing dwelling, construction of an in-ground swimming pool, construction of a detached garage and construction of detached thatch roof pavillion ("bale") at the subject site, known as lot 6 DP 748169 No.38 Missouri Street, Kearns. The development has been assessed against Council’s relevant environmental planning instruments and development control plans and is considered to be generally in accordance with the relevant objectives and standards, noting the request for a variation to certain provisions of the SCDCP relating to the floor area and height of the outbuildings, which upon assessment are considered to be worthy of support. The site is considered to be suitable for the development. The application was notified to the adjoining properties with no submissions received. Accordingly, the application is recommended to Council for approval, subject to the conditions detailed in attachment 1.


That Council grant development consent to application 709/2009/DA-AL for the construction of a dwelling addition, swimming pool, detached garage and bale at lot 6 DP 748169 No.38 Missouri Street, Kearns subject to the conditions detailed in attachment 1. Committee’s Recommendation: (Oates/Thompson) That the Officer's Recommendation be adopted. CARRIED Voting for the Committee's Recommendation were Councillors: Bourke, Greiss, Kolkman, Oates, Rowell and Thompson. Voting against the Committee's Recommendation: nil. Council Meeting 1 September 2009 (Bourke/Rule) That the Officer's Recommendation be adopted. Council Resolution Minute Number 223 That the Officer's Recommendation be adopted. Voting for the Council Resolution were Councillors: Borg, Bourke, Chanthivong, Glynn, Greiss, Hawker, Kolkman, Lake, Matheson, 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. 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.

3. Contract of Insurance (residential building work)

In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences. This clause does not apply: a. To the extent to which an exemption is in force under Clause 187 or 188, subject to

the terms of any condition or requirement referred to in Clause 187(6) or 188(4), or b. To the erection of a temporary building.

4. Notification of Home Building Act 1989 Requirements

Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being Council) has given Council written notice of the following information:



a. In the case of work for which a principal contractor is required to be appointed:

i. The name and licence number of the principal contractor, and ii. The name of the insurer by which the work is insured under Part 6 of that Act.

b. In the case of work to be done by an owner-builder:

i. The name of the owner-builder, and ii. If the owner-builder is required to hold an owner-builder permit under that Act,

the number of the owner-builder permit. If arrangements for doing the residential building work are changed while the work is in progress so that the information notified becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being Council) has given Council written notification of the updated information.

5. Use of Structure The proposed detached garage shall not be used, fitted or occupied for habitable, industrial, commercial, retail, community, recreational, educational, assembly, religious or other purpose unless separate development consent is obtained.

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. 6. Geotechnical Report

Prior to Council or an accredited certifier issuing a construction certificate, a geotechnical report prepared by a NATA registered lab shall be submitted which indicates that the land will not be subject to subsidence, slip, slope failure or erosion where excavation and/or filling exceeds 900mm in depth or identified as filled land.

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. 7. 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.



8. 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.

9. 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.

10. Sydney Water The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre 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. Plans will be appropriately stamped. For quick check agent details please refer to the web site www.sydneywater.com.au, see Building Developing and Plumbing then Quick Check or telephone 13 20 92.

11. Structural Engineer Details Prior to the commencement of any works, the submission to the principal certifying authority of all details prepared by a practicing structural engineer.

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.



12. 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.

13. 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.

14. Protection of Existing Trees During construction, no trees are to be cut down, lopped, destroyed or removed without the separate written approval of Council unless those trees are within three (3) metres of the footprint of a building that has been approved by Council. All trees that are to be retained are to be protected by fencing, firmly staked within the drip line/ canopy of the tree and maintained during the duration of the works. The area within the fencing must not be used for stockpiling of any material, nor for vehicle or pedestrian convenience. All useable trees and shrubs shall be salvaged for re-use, either in log form, or as woodchip mulch for erosion control or garden beds or site rehabilitation. Non-salvable materials such as roots and stumps shall be disposed of to a waste management centre or other approved form.

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". 15. Retaining

Prior to the principal certifying authority issuing an occupation certificate, all excavated and filled areas shall be battered to a slope of not greater than 1:2 or similarly be retained in accordance with the approved retaining wall.



16. Termite Protection Prior to the principal certifying authority issuing an occupation certificate, certification from a licensed pest controller shall be submitted certifying that the termite treatment has been installed in accordance with AS3660.1.

17. BASIX Prior to the principal certifying authority issuing an occupation certificate, completion of all requirements listed in the relevant BASIX certificate for the subject development shall be completed/installed.

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. 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 2. Inspections – Building Works REQUIRED INSPECTIONS You have appointed Campbelltown City Council as the Principal Certifying Authority for the purposes of certifying the works involved in the development.



The following scheduled inspections are mandatory and must be completed by Council prior to the approval of an occupation certificate of the issuing of any compliance certificates. All inspection fees have been prepaid. Booking Inspections Inspections may be booked up to 9.00 am on the day that they are required by calling (02) 4645 4608. Please quote the construction certificate, or complying development certificate number when you book. INSPECTION SCHEDULE

• Excavation, pier holes and footings prior to placement, or the pouring of concrete, or the

placement of prefabricated structures.

• Reinforced concrete steelwork prior to pouring concrete (footings, floors, beams, panels, pool coping, swimming pools).

• Framework (timber or steel) for any wall, roof or other building element prior to internal

cladding. • Water proofing of wet areas prior to covering.

• Stormwater drainage connections prior to backfilling.

• Fencing of swimming pools prior to filling.

• Final/completion prior to occupation of the structure. Advice 3. 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.

END OF CONDITIONS


Construction Of Pool, Shed And Bale Structure ATTACHMENT 2

Planning and Environment Committee Meeting 25 August 2009 12B3.3 Lot Nos. 1, 23, 24, 26 Macquarie Links Drive, Macquarie Links - Subdivision Into 48

Allotments And One Residue Lot For A Hotel – In Two Stages

3.3 Lot Nos. 1, 23, 24, 26 Macquarie Links Drive, Macquarie Links - Subdivision into 48 allotments and one residue lot for a hotel – in two stages

Reporting Officer


Attachments

1. Conditions of Consent 2. Location Plan 3. Subdivision Plan 4. Proposed Building Envelopes 5. Site of Plan of Approved Development Application 5416/2004/DA-C 6. Masterplan – Amendment No. 3 of Development Control Plan No. 63 Macquarie Field

House

Purpose

The purpose of this report is to assist Council in its determination of a development application for a staged subdivision consisting of 48 allotments and 1 residual lot reserved for a hotel, in two stages. Property Description Lot Nos.1, 23, 24 and 26 DP 270152; Macquarie Links Drive,

Macquarie Links

Application No 3215/2008/DA-S

Applicant Jessica Investments Pty Ltd

Owner Jessica Investments Pty Ltd

Statutory Provisions Local Environmental Plan 112 - Macquarie Field House

Development Control Plan No. 63 - Macquarie Field House

Campbelltown Sustainable City Development Control Plan 2009

Heritage Act 1979

Date Received 24 December 2008

History

Preamble Land and Environment Court



Development Application 3215/2008/DA-S was submitted to Council on the 24 December 2008. The applicant lodged a Class 1 Appeal against the deemed refusal of the development application with the Land and Environment Court on the 13 February 2009. A Section 34 Conference was held at the Land and Environment Court on the 6 August 2009, at which both parties agreed that Council could consider the development application at its Ordinary Meeting on the 4 September 2009. The Section 34 Conference would reconvene with outcomes from the Council Meeting. History Macquarie Links Estate has been subject to several development applications for various stages of development, consisting of a golf course, club house, pro shop, retail shops, recreation facilities, reserves, landscape works and residential subdivision, dwelling houses and apartment buildings. The Macquarie Links Estate is guided by a masterplan (refer to Attachment No 6) adopted by Council pursuant to Local Environmental Plan No. 112 – Macquarie Field House, and Development Control Plan No. 63 – Macquarie Field House. The Plans also relate to the Ingleburn Gardens site, Macquarie Field House and land north of Macquarie Field House adjoining properties owned by the NSW Department of Education. An initial masterplan was prepared in 1991 and has subsequently been amended to reflect desired future outcomes for land to which it applies. Amendment 3 (1999) stipulates controls for the subject site (the expressed development intent being a hotel/conference centre with associated residential lodges). The subject site is located near to the northwest boundary of the “Estate” adjoining the terminus of Governors Way, the “Peak Apartments” and golf course. It is currently vacant which slopes south east down from the Freeway to the golf course. The subject site has had two development applications approved, the most recent being development application 5416/2004/DA-C which was approved by Council in 2005 for the purposes of the Construction of a Hotel, Apartments and Golf Lodges. Description of Development Application DA 5416/2004/DA-C

A detailed description of the approved Development Application 5416/2004/DA-C is provided below and the approved site plan is provided as Attachment No 5): The description is an excerpt from the original officer’s report to Council concerning the assessment of the development application.

Hotel The hotel is a part 4/part 5 storey building situated in the gully leading down towards the golf course (lot 43) from proposed Lot 23. The building is oriented towards the golf course and has a main courtyard space to the north. The hotel appears as a series of four building segments, each having an internal atrium linked by lightwells and fenestrated in a grid pattern. The basement contains parking, storage and utility/plant areas. The main entry/front of the hotel is located at the south ground floor, with views through to the northern courtyard. The ground floor also contains a restaurant, bar, indoor recreation



areas, loading dock and utilities. A ground floor expansive glass southern wall capitalises on views over the golf course. Accommodation is confined to the upper four levels, each room provided with balconies situated to overlook either the golf course or main courtyard. Sliding timber balcony screens animate the exterior. The building is proposed to be finished in complementary render, stone, zinc cladding and aluminium windows with glass spandrels. Roofing is standing seam metal. The hotel is proposed to be operated under the ‘Crowne Plaza’ brand and would be a full-service hotel providing accommodation in 156 rooms, indoor and outdoor recreation areas, conference/function rooms, bar and restaurant, service utilities, and basement parking for 156 cars. Additional loading docks and waste facilities are provided internally on the ground floor. Vehicular access to the hotel is by a porte cochere at ground level with a drop off/pick up area and a ramp leading to the basement car park. A separate area for coach parking is proposed at ground level. The hotel restaurant and ballroom is designed as a Place of Public Entertainment pursuant to the Local Government Act, 1993. Kids Club A "kids club" (child care/activity centre) is proposed in a separate building to the west of the hotel, operated by the hotel management (Lot 43). This single storey pavilion building is finished in a complementary style to the adjoining hotel and has a simple skillion roof. Three parking spaces are located in close proximity to the building, which is otherwise accessed by the golf cart network or pedestrian paths. Golf Lodges There are fifteen (15) golf lodge buildings situated on two of the proposed new allotments (Lots 40 and 42). Each building comprises 2 x 2 bedroom dwellings and 2 x 1 bedroom dwellings, totalling four dwellings per building. Each building is three storeys high (above ground level) inclusive of a basement car park level. One car parking space per unit is provided in each building. The lodges are consistent with the design of the hotel and apartments; similar external finishes of stone and rendered walls, aluminium windows and dark tiled roofs are to be provided. The roofs are pitched more steeply than the hotel to reflect a more traditional dwelling style of architecture. A central lobby unifies each of the four dwellings within each lodge building. There are three types of lodges, each type designed specifically for its location yet comparable in scale and form. Types A and C are entered from the lower south-western elevation and have basement car parking (Level 1). Levels 2 and 3 each contain two discrete single-level dwellings, with living areas oriented towards either Macquarie Field House or the golf course (depending on the building's location), to maximise residential amenity. Type B has two dwellings each spread over Levels 1 and 2, with the remaining two dwellings located on the upper level (Level 3). Car parking is situated within level two. Type B golf lodges are situated on the north-eastern road parallel to the Freeway.



Residential Apartments The residential apartments are located on proposed Lot 41 in one part 3/part 4 storey building which contains basement car parking. The building has balconies facing north-west/south-east, with south-east facing apartments overlooking the central hotel courtyard. The site slopes down to the south-west at this point, and the design responds by inserting basement car parking access on the south-east elevation. The building is serviced by three lifts accessible on each floor. The basement car park is located below natural ground level on the higher north-west side and the roof extends to the hotel as part of the hotel terrace courtyard. The landscaping concept provides further details of the building form proposed. The visual language of the building repeats the hotel and golf lodge scheme; a simple flat roof minimises ridge height and materials include stone and render, aluminium and glass.

Forty-two of the fifty-four proposed apartments are dual key (one master front door leading to a small foyer with two subsidiary front doors). The apartment configuration is:

• Level 1 - Sixteen apartments (11 x 2 bedroom + dual key 1 bedroom studio, 5 x 1 bedroom + dual key 1 bedroom studio)

• Level 2 - Sixteen apartments (11 x 2 bedroom + dual key 1 bedroom studio, 5 x 1 bedroom + dual key 1 bedroom studio)

• Level 3 - Twenty-two apartments (12 x 2 bedroom, 10 x 2 bedroom + dual key 1 bedroom studio

• Level 4 - Mezzanine of 12 apartments located on Level 3

Generally, each apartment contains bedrooms, bathrooms/ensuites, combined living/dining areas with internal laundry cupboards provided. Storage is limited to bedroom wardrobes and basement car park cages. Balconies provide private open space to each apartment. Car parking for 116 cars is provided in a basement level, which cars enter at grade to the north of the hotel. The applicant has indicated that a management agreement is anticipated whereby individual owners of apartments may enter into an arrangement where the apartment and/or studio may be managed by the hotel operator. For example, the hotel may lease the (privately owned) apartment as part of the hotel’s accommodation facilities. Ancillary Facilities Waste disposal is to be managed by each resident, with a central waste and recycling bin store located at the entry to the car park. Collection will be by Council contractor. Vehicular access to the site is via an access road from the Hume Highway/Campbelltown Road signalised intersection at the Crossroads. This access road was approved by Council under development consent H12/1997 (as amended) and is currently under construction. When complete, the road will permit vehicles to enter the site from the Hume Highway and travel past a gate house (subject to a separate development application yet to be



submitted) to access the different facilities. Governors Way currently terminates before the proposed “Kids Club” and it is not proposed to extend this access into the site. Golf Lodge residents would have separate access roads within the site, thereby minimising contact with hotel and apartment traffic. It is proposed that hotel and apartment patrons access the buildings via basement car parking. The overall scheme is self-contained, with no proposed vehicular connection to the remaining Macquarie Links estate, apart from security controlled bollards for emergency services vehicles. All vehicles are proposed to enter and exit from the Hume Highway intersection. A gatehouse is proposed to be located on the hotel access road approved under H12/1997, in close proximity to the northern-most Golf Lodge Type B. An additional gatehouse is proposed at the Hume Highway intersection (not the subject of this application). It is anticipated that these security measures would restrict access to the site to temporary visitors and residents of the development only. Local Environmental Plan 112 - Macquarie Field House (LEP 112) and Development Control Plan No. 63 – Macquarie Field House (DCP 63) contain provisions relating to views to and from Glenfield Station and Macquarie Field House. However, there are no specific established views relevant to the subject land identified within the LEP or DCP. The upper most level of the proposed hotel is RL 75.15. At that height, the building would be visible above the existing mounding at some locations along the F5 Freeway (as the visual mounding varies in height). Landscaping proposed under the amended hotel access road application H12/1997 would further reduce the visual prominence of the development from the north when driving along the F5 Freeway. Whilst some visual impact to users of the Freeway would be an outcome of the proposed development, it was not considered to be significant and would not detrimentally impact upon the locality. The ‘Corridor of Visual Significance’ identified in DCP 63 does not apply to the site and the land is located north of only two “significant views from freeway” as noted in DCP 63.

Description of Development Application F504/2001 On 26 March 2002, Council granted development consent (F504/2001) for a hotel, conference centre with associated recreation facilities and accommodation, golf lodges, landscaping and car parking (generally within the same location as the current application). That approval provided for a cluster of buildings; a part 2/part 3-storey hotel/conference centre, lounge bar and restaurant; five linked three-storey guest room buildings incorporating a total of 90 rooms and sixteen x two-storey golf lodge buildings (each with four dwellings) with detached car ports. Hotel parking for 175 cars was to be provided for at grade in an outdoor car park, and each golf lodge was provided with two x 2-space carports (i.e. one space per dwelling). An outdoor swimming pool was to be included and is located between the conference centre and hotel guest room building. The highest roof height was proposed to be that associated with the central bar/restaurant, at RL 66.15.



Report

Council has received a development application for a two staged development application for a subdivision comprising 48 residential lots and 1 residual allotment designated for a future hotel (Refer to Attachment 3). The hotel site and site of the proposed 48 lots are a development lot in the community title scheme for Macquarie Links Estate. All roads are Association Property and the management plan provides legal access to all roads by all community land owners and visitors, as well as other infrastructure such as stormwater drainage and landscaping.

Stage 1 consists of a 48 lot subdivision with allotments ranging in area from 500sqm to 989sqm. The majority of the allotments have a frontage of approximately 15 metres, 18 allotments do not. The frontages are reduced around the cul-de-sac heads with the splayed allotment layout still providing a 10 to 13 metre width at the building alignment. The proposed subdivision would require the construction of two cul de sacs, one being at the end of Macquarie Links Drive and the second being a new cul de sac “running” off Macquarie Links Drive to the north of Jane Jarvis Way. A total of 44 of the proposed allotments obtain direct vehicular access from the road, whilst 4 lots are proposed to be accessed via a shared driveway which is still part of the community property. It is proposed to provide a 4 metre wide pedestrian footway through the proposed subdivision to provide access for residents and occupants of the future hotel to the Macquarie Links Golf Course. It is also proposed to provide a pedestrian access to Governors Way (South of the site) and an emergency services vehicle access from Macquarie Links Drive to the Hotel Site (Stage 2). The proposed roads will have a 15 metre wide reservation and an 8 metre wide carriageway. Stage 2 of the development comprises the development of the proposed residual allotment created in the Stage 1 subdivision for the purposes of a Hotel The proposed residual allotment would occupy an area of 7,242sqm which will be available for the future Macquarie Links Hotel. The hotel site is located at the northern end of the subject land to facilitate vehicular access along the already approved road linking the site to Campbelltown Road. It is not proposed to provide vehicular access to the hotel site from the Macquarie Links Estate with the exception of emergency vehicles. As stated above, however, pedestrian access is to be provided from the proposed hotel site through the Stage 1 subdivision and onto the Macquarie Links Golf Course. The Site The land subject of the current application (Lots 1, 23, 24 & 26, DP 270152) is located near to the north-western boundary of the Macquarie Links Estate, adjoining the terminus of Governor’s Way, the 'Peak' apartments and the golf course (see Attachment No 2). The 3.0 hectare site slopes down from the Freeway to the golf course generally within a natural valley extending along a south-west/north-east alignment and is irregular in shape.



The land is bounded to the north-west and north-east by vacant pasture. Macquarie Field House is situated to the east of the site and is an item of heritage listed on the State Heritage Register. The highest part of the site is at RL 66. The reminder of the site slopes towards the golf course which is at RL 45. The 'Peak' apartments located to the west/south-west of the subject land, presents as the tallest ridge height of development on the western side of the valley. These apartments have a ridge height of RL 71.15. The subdivision proposal follows the natural slope of the site and is designed to provide a visual plane consistent with Macquarie Field House to the north-east to allow the Hotel Site views towards the golf course. The residential allotments will be accessed via two cul de sac extensions from Macquarie Links Drive. The hotel site will be accessed via the road extension from Campbelltown Road which formed part of the previous development approval for the Hotel development. The hotel is located towards the highest part of the site. It is also oriented to provide extensive views of the fifth fairway of the golf course. Assessment The development has been assessed in accordance with the heads of consideration prescribed under Section 79C of the Environmental Planning and Assessment Act, 1979, and having regard to those matters; the following issues have been identified for further consideration. 1. 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 the Project Application are:

• Protecting and enhancing the City’s key environmental assets • Growing the Regional City,

• Building a Distinctive Campbelltown Sense of Place • Creating employment and entrepreneurial opportunities.



Some of the relevant desired outcomes of the strategic directions included in Campbelltown 2025 include:

• Development and land use matches environmental capacity and capability • Match the type, scale and intensity of new land use and development within the capability

of the local environment to sustain that land use/development

• A working desire to create a range of sustainable and high quality lifestyle opportunities across a framework of liveable neighbourhoods

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

Comment

The Applicant has not addressed Campbelltown 2025 Looking Forward in their Statement of Environmental Effects. However it is considered that the proposed development is consistent with the statements contained in the Campbelltown Vision. It is considered that the application presents a development that is integrated within the existing estate and surrounding locality. The proposal is also consistent with the stated focus area "to match the scale and intensity of the new land use with the capability of the local environment to sustain that use". It is anticipated that the development would have a positive economic impact upon the Campbelltown local government area, which is also a stated desired outcome of the Vision. An additional tourist hotel and dwelling houses within Campbelltown complements the revitalisation of the Campbelltown and Ingleburn central business districts thereby contributing to the growth of Campbelltown local government area as a regional city. 2. Heritage Act 1977 The Heritage Act 1997 includes a range of provisions for identifying and protecting items of environmental heritage. In addition to the establishment of the State Heritage Register (SRH) (a list of items assessed as having State heritage significance), these provisions also include Interim Orders, Orders to stop work, heritage conservation registers and relics provisions. The proposed development does not directly affect any place on the State Heritage Register but is located in the vicinity of Macquarie Field House which is listed on the State Heritage Register. No part of the site is subject to an Interim Heritage Order. A report by Heritage Consultants Godden MacKay Logan dated June 2009 and lodged in support of the development application, indicated that the proposed subdivision would not impact upon the heritage item, subject to the development being restricted in terms of height control which is described in more detail in Section 3 below 3. Local Environmental Plan 112 - Macquarie Field House (LEP 112) LEP 112 was gazetted on 14 January 1991 and was subsequently amended later through LEPs 135, 176 and 204. The LEP 112 provides the land use zoning for the subject site.



The objectives of the LEP are:

(a) To control the uses to which the land to which this plan applies may be put; (b) To conserve the environmental heritage of the land to which this plan applies; (c) To protect and enhance the role of the land to which this plan applies in providing a

clearly perceived break between urban development in the City of Campbelltown and that in the City of Liverpool by preserving the visual character and landscape quality of that land;

(d) To protect and enhance the role of the land to which this plan applies in providing a rural

backdrop to the residential areas of Glenfield, Macquarie Fields and Ingleburn; (e) To protect the quality and nature of the view from the South Western Freeway where it

passes through the land to which this plan applies; (f) To protect that part of the major urban drainage system for the City of Campbelltown

situated on the land to which this plan applies; (g) To control, by means of a development control plan, the siting, height, bulk, scale and

density of any buildings to be erected on the land to which this plan applies to achieve the objectives stated in paragraphs (c), (d), (e) and (f);

(h) To guide, by means of a development control plan, the future landscaping of the land to

which this plan applies to achieve the objectives stated in paragraphs (c), (d), (e) and (f). Comment The proposed subdivision and land uses satisfy the above objectives. The development is consistent with the Development Control Plan No. 63 (DCP 63) and the site is not situated in the “rural backdrop” as expressed in the Masterplan, nor does the development compromise any item of environmental heritage. The "break" between urban development in Campbelltown and Liverpool is retained to the north-east of the site. The identified views of Macquarie Field House from the F5 Freeway as included in the Masterplan does not relate to this site Clause 8 of LEP 112 Within the land subject to this LEP, Clause 8 nominates a wide range of uses that are permissible with development consent, including the following uses applicable under the Masterplan:

• Dwelling houses (used in conjunction with development for other permissible purposes);

• Drainage;

• Planting of trees or shrubs for re-afforestation;

• Silviculture or landscaping;

• Recreational areas;



• Residential flat buildings (used in conjunction with development for other permissible

purposes); and

• Roads It has been established by legal precedent (eg. Winten Property vs Campbelltown City Council 1999) that pursuant to Clause 8 of LEP 112, roads, landscaping, dwellings and residential flat buildings within a master plan scheme constitute permissible development under the LEP. The proposal is a permissible development that satisfies the objectives of the LEP. Clause 10 of LEP 112 Clause 10 states that “a person must not subdivide land on which this plan applies except with the consent of the Council”. This proposal seeks consent for a staged development application for 49 allotments, one being for the proposed hotel site and the remaining 48 being for occupation for dwelling houses. Clause 13 of LEP 112 Clause 13 requires that Council must not grant consent to the carrying out of development on the land unless satisfactory measures to protect buildings or works against bushfires are provided. A bushfire Report by Bushfire Protection Planners dated 10 June 2009 indicates that the site is not bushfire affected. The Campbelltown Bushfire Prone Map identifies that the site is not bushfire prone land. Clause 17 of LEP 112 Clause 17 relates to development to be undertaken within the vicinity of a heritage item. There are no items of environmental heritage on the subject site; however Macquarie Field House is located to the south east of the land. Between the subject site and Macquarie Field House are dwellings fronting Jane Jarvis Way and Macquarie Links Drive. There are other dwellings located between the subject site and Macquarie Field House. The construction of the dwellings on the allotments created by the Stage 1 subdivision and the hotel will not impact on the heritage significance of Macquarie Field House. A report by Heritage Consultants Godden MacKay Logan dated June 2009 indicated that the proposed subdivision will not impact upon the heritage item subject to the height of development being restricted. This requirement can be accommodated by means of a condition of consent should Council decide to approve the application. Therefore the development is considered to satisfy the provisions of LEP112 4. Development Control Plan No. 63 – Macquarie Field House (DCP 63) The purpose of DCP 63 is to provide more detailed provisions than are contained within LEP 112. The DCP does not contain any additional specific objectives. Clause 2.1 makes provision for geotechnical investigation of land within identified “moderately steep” or “very steep” areas. The subject site is located in both these areas and as a result, it is recommended a condition of consent be applied requiring a geotechnical report prior to issue of a construction certificate, should Council decide to approve the application.



Clause 3.2 relates to the siting of buildings. Building height controls are confined to the “Significant Distant View from the Freeway over Study Area" and "Corridors of Visual Significance" as nominated on Map B of the DCP 63 Plan. The subject site is not located within any of these areas. Clause 4 requires Council’s development consent for landscaping. A landscape concept plan has not been prepared for this staged development application. Should Council support this application a condition of any planning approval will contain a condition that a landscape plan prepared by a suitably qualified professional be submitted to and approved prior to the issue of a construction certificate. . The landscape plan shall include details of the street tree planting, treatment of pedestrian thoroughfares, open space connections and overland flow paths. Clause 5 of the DCP states that Council can only approve development that is in accordance with an adopted Masterplan. The existing Masterplan, (Amendment 3) adopted by Council on 7 December 1999, nominates a hotel/conference centre with associated accommodation and recreation facilities on the land. (see Attachment No 6). The proposed subdivision retains provision for the hotel component, though significantly reduced, while the remainder of the subject site will be for conventional residential development. As part of this development application, Council could consider amending the Masterplan concurrently with this application. However, with regard to Staged Development Provisions under the Environmental Planning and Assessment Act 1979 (EP& A Act 1979) which is later discussed in this report (see section 6), if Council was to approve this application, the consent would become the principal prescribing development control plan for all future development of the subject site including land uses and built form. Therefore it is not necessary to amend the Masterplan. Clause 5 of DCP 63 provides guidelines for preserving two view corridors across the area from the east. The intention of the DCP is to protect the rural nature of the area surrounding Macquarie Field House as viewed from these general locations. The east-west corridor across Macquarie Links Golf Course is not affected by the proposed development. The construction of the future hotel has some potential to impact on the more northerly view corridor. This corridor identifies the view from Seddon Park and Glenfield railway station. In order to address the intention of the DCP control, a visual analysis should be carried out as any part of building design process, relating to the future hotel development (and be subject to rigorous review as part of the assessment of the future development application for such hotel). Sub-Clause 5.3.1 of the DCP seeks to protect the identified views through the limiting of building heights so that protrusion above the horizon is avoided or minimised in order to protect the rural nature of the area surrounding Macquarie Field House. The proposed subdivision development has the potential to give rise to subsequent impacts on the identified views generated by future buildings on residential allotments. This impact could result if the building heights on certain allotments were such that built elements were visible above the horizon. The Peak Apartments are visible above the horizon from the F5 Freeway. Using these units as a benchmark – future dwelling houses on Lots 8 to 12 have the potential to be visible from the F5 Freeway. The limiting of future houses to single storey with floor levels at a maximum of RL 62 would address such concerns. This issue could be addressed by means of a condition on consent should Council decide to approve the application.



DCP 63 also identifies a view cone across the area from the F5 freeway. This is labelled as significant, however it is located west of the site and is not affected by the current development proposal. Accordingly no amendment to the Masterplan is necessary to satisfy Clause 5 of DCP 63. 5. Campbelltown (Sustainable City) Development Control Plan 2009 (CSCDCP) The recently adopted Campbelltown (Sustainable City) Development Control Plan 2009 applies to the subject site. The subdivision controls of the CSCDCP are provided as follows:

Objectives

Ensure that land once subdivided, contributes positively to the desired character of the locality and provides for the safe and attractive integration of existing and new development.

Ensure that subdivision responds to the physical characteristics of the land, its landscape setting, orientation, landmarks and key vistas to and from that land.

Ensure that subdivision provides safe connections with and extension of existing street patterns, as well as any pedestrian, cycleway and public open space networks.

Promote walking and cycling as a mode of travel within a residential neighbourhood.

Facilitate opportunities for public transport to service new subdivision estates.

Encourage subdivision that will result in the creation of allotments that are orientated, and of such dimension and configuration to facilitate the siting, design and construction of development resulting in the conservation of non-renewable resources and the environmental attributes of the land.

Comment The proposed subdivision satisfies the objectives of the CSCDCP. The subdivision is consistent with the subdivision pattern within the existing estate and has been designed to be integrated as an extension. The layout of the subdivision conforms to relevant land constraints and contains provisions for individual allotments that acknowledge the sensitivity of the site with respect to view scapes and contribution to the wider area of the site.

3.10.2 Residential Torrens title subdivision-conventional allotments

Design Requirements

Any residential conventional allotment created by Torrens title subdivision shall satisfy the following standards:

(a) (i) a minimum area of 500sqm; (ii) a minimum width of 15 metres measured along the side boundaries at a distance

of 5.5 metres from the front property boundary;



(iii) a minimum width of 7 metres measured between the extended property side

boundaries where they intersect with the kerb line; and (iv) a minimum depth of 25 metres.

(b) Any battle axe shaped allotment created by subdivision shall satisfy the following

standards: (i) a minimum area of 500sqm excluding the area of the access handle; (ii) a minimum depth of 25 metres excluding the length of the access handle; (iii) no more than one allotment shall be accessed via a battle axe handle; (iv) a minimum access handle width of 3.5 metres; (v) a maximum access handle length of 35 metres; (vi) no encroachment/s or right of carriage way shall impinge into land within the

access handle; the provision of an adequately dimensioned vehicle manoeuvring area, located behind the access handle; and the provision of a minimum 0.5 metre wide landscape strip along the length of the access handle.

Comment All of the allotments proposed by the subdivision meet the minimum lot size prescribed by the CSCDCP of 500sqm. However proposed lots Nos. 6, 10, 11, 12, 13, 14, 15, 16, 17, 21, 22, 23, 39, 41, 35, 36, 37 & 38 do not provide a minimum 15m width at 5.5m from the front boundary. When compared to existing Lots located within the existing Macquarie Links estate most allotments range from 600sqm and above and have a minimum width of 15m. However the CSCDCP did not apply to the site previously. However it is noted that the applicant has demonstrated that each proposed allotment can accommodate dwelling houses through the careful individual sites of building envelopes Clause 1.1.7 of the CSCDCP permits variation where the justification is warranted. The variation sought is considered acceptable. The Application also provides building envelopes/footprints over all proposed lots. The proposed footprints and envelopes generally meet the minimum requirements of the CSCDCP for single dwelling houses, including setbacks, block depths and configuration and orientation of lots. The staging plan depicts height requirements for each lot, in the form of single storey and two storey dwellings. Further, the site can be adequately serviced and drainage can be conditioned to comply with the Part 2 of the CSCDCP. 6. Staged Development Provisions under the Environmental Planning and

Assessment Act 1979 (EP& A Act 1979) The EP&A Act 1979 provides provision for applications to be considered as staged developments. Section 83D prescribes as follows: 83D Status of staged development applications and consents

(1) The provisions of or made under this or any other Act relating to development applications and development consents apply, except as otherwise provided by or under this or any other Act, to a staged development application and a development consent granted on the determination of any such application.



Note. Applicable provisions in respect of staged development applications include provisions relating to designated development, integrated development and regulations made under section 105. (2) While any consent granted on the determination of a staged development application for

a site remains in force, the determination of any further development application in respect of that site cannot be inconsistent with that consent.

(3) Subsection (2) does not prevent the modification in accordance with this Act of a

consent granted on the determination of a staged development application. Comment The application seeks approval for a 2 staged development (subdivision being the first stage and dwelling houses and the hotel being the second stage). Should Council approve this application as a staged development, under section 83D (2), subsequent development applications are to be consistent with the original staged development consent. In respect to this application, the applicant has expressly indicated that the development will be for residential subdivision (Stage 1) and for a hotel on the residual lot from subdivision (Stage 2). Together with additional information submitted with the application including building envelopes and height controls, future development including land uses must be consistent with this application/approval if it were to be supported by Council. Officers are satisfied that this is the correct interpretation of Clause 83D in this circumstance. Therefore approval of this proposal would have the effect of “locking in” the development of the site as residential subdivision and dwelling houses thereon and a hotel development. Subsequent development applications for dwelling houses would have to be consistent with this approval if granted. Likewise development of the Hotel site would have to be consistent with this approval if granted. A section 96 Application to modify this application – i.e. to change the hotel site to residential could not be considered a modification as it is a change of use. This would have to be a separate application. However, any new or subsequent development applications would have to be consistent with the original approval (currently being considered by Council). Therefore if Council was to approve this application, it forms a “parent approval”. This would also prevail over the Masterplan and DCP 63 for the site, but secures development of the subject land for the purposes as outlined in this application. This is unlike the previous planning consent for the hotel, which if not acted upon, or not continued, could be modified. Hence there is no requirement to amend the Masterplan with respect to the subject site. 7. Heritage Macquarie Field House is situated to the east of the land, at a distance of approximately 1.2km to the nearest property boundary (established curtilage). The development application was not required to be referred to the NSW Heritage Office under the provisions of the NSW Heritage Act, 1977. The Applicant’s consultants Godden MacKay Logan in their June 2009 Heritage Report, assessed the proposal and identified the matters raised earlier in this report under section 3 – LEP 112 and Section 4 – DCP 63. Their report uses the Heritage Impact Statement for development application 5416/2004/DA by City Plan Heritage prepared for a Hotel.



• “The proposed additional development in the estate will not be apparent when viewed

from the adjoining suburbs. There will be a negligible impact to the visual curtilage of Macquarie Field House as it will retain its prominence in the landscape due to its siting and the proposed subdivision and future hotel site being compatible with the existing residential development”.

In that regard, it is considered the application satisfactorily addresses the heritage constraints of the site and provides an appropriately sited and scaled development within the landscape. 8. Traffic The applicant proposes two vehicular access points to the site. Access to the Hotel is proposed to be via the Hume Highway/Campbelltown Road/Beech Road signalised intersection and the hotel access road currently under construction. Two gatehouses between the intersection and the subject site would maintain eligibility for vehicle access. This is consistent with Development Application 5416/2004/DA-C, previously approved by Council. The residential subdivision component is proposed to be accessed via Macquarie Links road extensions in the form of two cul de sacs. A traffic Report submitted by Transport and Traffic Planning Associates dated June 2009 engaged by the Applicant, indicates that the existing road network i.e. Macquarie Links Drive meets Council’s design criteria for roads to service the proposed additional 48 residential lots. The Traffic Report also reviewed the RTA Development Guidelines for traffic generation criteria for a single residential dwelling of 0.85 vehicle trips per hour (vtph) during peak commuter traffic periods. It also undertook a comparable survey of Glenmore Park precinct (which has similar traffic generation characteristics to the Macquarie Links estate). The study assessment established a contemporary traffic generation rate for the outer Sydney Metropolitan Area of:

AM 0.58 vtph/dwelling PM 0.72 vtph/dwelling.

The generated movements of the proposed 48 allotment subdivision would provide the following movements:

AM PM Total 28 35 IN 7 26 OUT 21 9

Upon completion of the proposed infill subdivision, there will be 436 dwellings within Macquarie Links Estate with a total peak period generation (based on Transport and Traffic Planning Associates study criteria) of 253 vtph in the morning peak and 314 vtph in the afternoon peak. The traffic generation of the proposed subdivision will represent 11% of the total generation and would be “imperceptible” in the relation to total traffic movements. Council’s development engineering staff have assessed the traffic report and concur that the existing road infrastructure and proposed roads satisfy the Campbelltown Sustainable City Development Control Plans 2009 – Volume 2 Engineering Design for Development.



In relation to the proposed Hotel site, access shall be gained from Campbelltown Road. Only emergency services would be permitted to access the Hotel site from the Macquarie Links residential estate. There is no vehicular access proposed from Governors Way. The Traffic Report concludes that the proposed development will:

• “Not present any unsatisfactory traffic implications;

• Not present any unsatisfactory vehicle access or circulation difficulties;

• Have an appropriate quantum of parking spaces;

• Have suitable provisions for pedestrians and cyclists”.

The application was not required to be referred to the RTA under the provisions of State Environmental Planning Policy (Infrastructure) 2007 (ISEPP) – Traffic Generating Development. The site is a private estate which includes private roadways within an estate. The access road to Campbelltown Road is subject to a previous consent and negotiations with the RTA, Applicant and landowners. The subdivision would form a new community title subdivision – similar to other community title subdivisions existing within the Macquarie Links estate. It is noted that Development Application 5416/2004/DA-C./2004 was referred to the RTA under the repealed State Environmental Planning Policy No. 11 – Traffic Generating Developments due to the scale of the proposed development at that time. The advice received from the RTA raised no objection to the development. The Authority noted modifications to the Beech Road intersection would be required and requested the applicant to liaise directly with the RTA in the preparation of detailed intersection plans. The RTA response included recommended conditions of consent should the application be approved. Similar conditions relating to the access onto Campbelltown Road have been included in Attachment 1 as recommended conditions of consent should Council decide to support the proposal. 9. Impacts on Natural and Built Environment The principal matters for consideration of these impacts are dealt with in considering the provisions of LEP 112 and DCP 63. It is considered that the impact of the proposed development on the built environment is representative of Council’s desired future character for the area, noting Amendment 3 to the Masterplan made pursuant to DCP 63 in 1999 The applicant has submitted a detailed Statement of Environmental Effects describing the impact of the proposal and statutory planning controls relevant to the proposed development. As detailed in this report, traffic and heritage matters have been assessed by external consultants and outcomes are considered to be satisfactory.



The visual impact of the development as viewed from the Freeway has also been considered. The Applicant’s Heritage consultant has made recommendations in their report with respect to building height controls for various allotments, specifically lots that are at the top of the site near to the F5 Freeway. They have recommended that these lots be developed with houses that are restricted to single storey and comply with a maximum height of building platform to be no more than RL 62. As discussed in Section 4 of DCP 63, the applicant has reviewed the relative ridge heights of the Freeway mounding, 'Peak' apartments and Macquarie Field House. It is acknowledged that the development would be viewed from the Freeway (in some locations) as the mound is of variable height. However, the break in the Freeway mounding in the north of the Macquarie Links estate provides limited visual access to the site whilst travelling north along the Freeway, and negligible visual access when travelling in a southerly direction. In addition, as detailed in this report, there are no views to or from the Freeway through the site, identified as significant views in LEP 112 and DCP 63. 10. Social and Economic Impacts It is anticipated the development would contribute to the choice of housing stock and accommodation, available in Campbelltown and provide a tangible social and economic benefit. The scale and density of the development respects the identified desired planning outcome and takes advantage of nearby transport and other support services. The applicant has not indicated a specific number of jobs created through construction and on-going operation of the development. Additional staff would be required by the hotel operator at the time the hotel commenced operation. The Macquarie Links precinct would still have the ability to attract large events (particularly golf tournaments) with a smaller hotel combined with the conference centre of the club house, thereby having acceptable economic benefits for the Campbelltown community. 11. Site Suitability The principal matters for consideration concerning site suitability have already been discussed previously in this report relating to LEP 112 and DCP 63. 12. Submissions The application was publicly exhibited in the local press on 19 February 2009, for ten (10) days in accordance with the requirements of DCP 87 - Public Notification and Public Exhibition Policy with comment invited by 3rd March 2009. Three (3) submissions were received during the notification period, whilst 2 late submissions were received after this exhibition period. Submissions were received from the Macquarie Links Community Association, the Neighbourhood Association, and three individuals. A summary of the main issues raised are provided as follows:



Applicant’s Comment Officers Comment

1 No elevations. Site details, environmental impact study, traffic management flow studies and a plan

As the DA is a staged DA the hotel will be subject to a separate DA where all elevations and plans will be provided for assessment. A traffic report as now been submitted with the application. Separate approvals are required for the dwelling houses where individual house plans will be prepared for assessment.

The application is for the purposes of a staged subdivision. Additional plans overlay the staged development that depicts building envelopes and height controls. This information has only become available after the Application was deemed refused.

2 Council, Monarch Investments and the Macquarie Links Community Association agreed at a site meeting some years ago that the Macquarie Links Drive was not to extend to the future hotel and villa site. Access was to be made via a new road to the north, connecting the Hume Highway and the Crossroads.

The staged DA has been amended to make it clear that access to the hotel site is via Campbelltown Road.

The previous meeting was in relation to development application 5416/2004/DA. This is a new development application and is to be assessed on its merits. The hotel site proposes to gain vehicular access from Campbelltown Road only. This is consistent with the hotel development aspect of 5416/2004/DA. Previously approved by Council

3 The proposed development is vastly different to the previously approved villas and hotel. This will change the outlook completely for the Villas East, Peak Apartments. Instead of a manicured hotel landscape buffer, our residents will now be looking into housing backyards. Total objection to the changed land usage.

The outlook from the Peak Apartments will change compared to the approved hotel scheme, however there are no privacy impacts generated by the proposed subdivision. The land slopes down towards the east and as such the outlook to the east from the Peak Apartments will generally be over the future dwellings. The Peak Apartments do not own the land where the proposed subdivision is located.

The views of development on the site will be different to those which could have been anticipated under the previous recent approval for the site. The proposed development is considered to be less intense in a ‘visual sense’.

4 The current plans fail to show the traffic flow plan along Macquarie Links Drive and Jane Jarvis Way to service a further 47 proposed properties along one traffic corridor which was not originally created for the proposed substantial increase of traffic flow.

This has been addressed in the traffic report submitted to Council

See Section 6 of this report which reviews traffic within the estate.




5 The addition of these new residences to the Macquarie Links Estate is in stark contrast to the original proposal and would have an adverse impact on the properties in Macquarie Links Drive and Jane Jarvis Way

The DA for the hotel included 54 units in a residential flat building and 70 golf lodges. The residents of these units would access the site via Macquarie Links Drive. The 156 hotel rooms would be accessed separately from Campbelltown Road. As such this development represents a reduction in traffic along Macquarie Links Drive compared to the originally approved scheme.

The proposed development would result in opportunities for new residential development of a comparative scale and nature to existing development in the Macquarie Links estate.

6 The original proposal for a hotel complex and surrounding golf vilas was an appealing and environmentally accepted proposal for all residents, with access from the Hume Highway and not through the currently serene community roads.

As discussed above the golf lodges were approved with access via Macquarie Links Drive.

Development application 5416/2004 approved the hotel to access Campbelltown Road only while the lodges access Macquarie Links Drive.

7 Construction of 47 individual properties with sole access via Macquarie Links Drive will have a severe and relentless impact upon community roads that have not been created to take such demand.

As discussed above this development will result in less traffic on Macquarie Links Drive than the original approval. The traffic report subsequently submitted justifies the proposal in terms of traffic.

See Section 6 of this report which reviews traffic within the estate.

8 This proposal fails to provide the standards of the housing, road upgrades, landscaping requirements, fencing and public areas in line with current properties and open space currently within the estate.

As this development is a staged DA details in relation to built form and landscaping will be required to be lodged with future applications to construct buildings on the site

Noted

9 No consultation from Monarch Investments to the Community of Macquarie Links to alter the previous proposal. Until such times as proper discussion and mutual agreement reached to substantially amend or change applications, this proposal should be rejected outright.

Statutory exhibition of this application has been undertaken by Council and Council is required to consider the submissions made in the determination of the DA.

Noted




10 Please confirm that there will be no vehicular access from Governors Way?

This development application does not provide vehicular access to Governor’s Way. Pedestrian access is provided.

No vehicular access is proposed from Governors Way.

11 All residents of the Macquarie Links Estate pay a contribution levy according to the unit entitlements associated with each individual parcel of land. Unit entitlements need to be determined for the new house lots and state 2 for the future hotel. Unit entitlements and contributions must equate with the rest of he estate. We require input into this process.

Unit entitlements will need to be determined to ensure future owners contribute to the upkeep of the community land and infrastructure. This is not a matter for consideration in this staged Development Application.

Noted

12 Please advise what standards are being applied to the housing, roads, landscaping etc of this DA? All new parcels of land should be required to comply with the Macquarie Links Management Statement to ensure consistency of all developments in the Macquarie Links Estate.

The amended plans submitted to Council have been designed to provide allotment sizes and building platforms that comply with DCP 2009.

Noted. The application is for a staged development application. This will form a ‘parent consent’ and all future development applications on this site would have to be consistent with this approval. As this approval provides for building envelopes, and height restrictions, in addition to land uses, Council’s Sustainable City Development Control Plan 2009 will also apply to the site and future development applications. The Macquarie Links Management Statement is not controlled or enforced by Council.

13 Please advise of the proposed time from for this development.

Timeframes cannot be confirmed until the application is determined however the applicant is looking to sell the residential allotments as soon as possible.

Council has no control over timing. Commencement provisions included in any approval issued by Council is usually 2 years but an extension of 1 year can be applied for under the Environmental Planning and Assessment Act.,1979




14 What surety have we if the previous hotel site will not be developed yet a much smaller hotel site is now proposed. This will become subject to a later application for residential development.

We are advised that the applicant is committed to undertaking this proposal. Unlike the previous hotel application where a separate hotel operator Crowne Plaza was going to construct the hotel, the applicant is committed to constructing this smaller hotel model which is based on a golf course development in Tasmania.

Please See section 6 of this report regarding “staged development approvals”

15 What about open areas. Where do children play. Another 48 lots with no parks or open spaces. This is problem already evident within the estate

The previous approval on the site did not provide public open space which also contained residential flat units. The current lots are all in excess of 500sqm and as such private open space will be available for the residents of each dwelling on their property

The previous planning approval for the hotel, did not provide for open space. The CSCDCP does not require provision of public open space within a private estate. Given the site already contains a golf course and other facilities, the addition of 48 lots is satisfactory.

16 Can the development consider access from Governors Way to split the residential subdivision’s traffic impact?

The proposal is supported by a traffic report which does not include providing access along Governor’s Way. Access via Governors Way would result in a more complicated access arrangement through the estate to access the site.

The Applicant has considered alternative access via Governors Way, however as confirmed in their20090 Traffic Report, Macquarie Links Road is capable of accommodating the proposed residential subdivision component.

It is considered that the development addresses the above issues of objection, with exception of being compliant with the Masterplan adopted by the DCP 63. However over the years of development, Council has allowed variations to the Masterplan. As discussed in Section 6, if this application is approved as a staged development, it would” lock in” both the residential subdivision and hotel site in perpetuity and subsequent development applications are to be consistent with this staged application.



13. The Public Interest The public interest is an overarching requirement, which includes the consideration of the matters discussed above. Implicit to the public interest is the achievement of future built outcomes adequately responding to and respecting the desired future outcomes expressed in LEPs and DCPs. As detailed in section 12 of this report, there were submissions made from the Macquarie Links Community Association and the Macquarie Links Neighbourhood Association, largely representative of the residents and interested parties of the Estate. It is clear that the development proposal is considerably different to the previously approved development for the hotel site. The additional 48 residential lots are proposed to utilise Macquarie Links Drive where as the Hotel site (excluding the proposed golf lodges) would only be accessed via an alterative road route from Campbelltown Road. The Traffic Report 2009 by Transport and Traffic Planning Associates indicates that the existing road infrastructure is capable of accommodating the proposed additional lots, which is also consistent with the CSCDCP. Traffic generated from the additional lots will account for an 11% increase which is considered reasonable in the circumstances. As it is also a private estate and private road, only residents will be able to utilise the internal roads, with the exception of construction vehicles and servicing vehicles such as garbage trucks and landscaping/maintenance vehicles. With respect to DCP 63 and the Masterplan that applies to the site, the proposed development is strictly not consistent, however it appears that throughout the history Macquarie Links development, there has been a consistent approach by Council to consider some flexibility. To date the Macquarie Links Estate has been largely developed for residential development purposes. The applicant still retains a Hotel site consistent with uses of the DCP and Masterplan, though it is reduced in size. The Applicant has advised that the conference centre is at the Golf Club which is proposed to be accessed by the proposed Hotel. The approved Hotel under DA 5416/2004 was approved with 156 room hotel, 60 golf lodges, and 54 residential apartments. The proposed staged development in comparison will be of much smaller scale in terms of density, scale and overall intensity of development. Therefore it is considered that the staged subdivision is acceptable development proposal. Any variation to DCP 63 (and the Masterplan) is considered to be acceptable and generally consistent with Council’s historically “flexible” approach to the development of the precinct. Should Council be of the mind to support the staged development application, it will "lock in" all future development of the site to be consistent with this development approval. Unlike previous approvals, including the 5416/2004/DA for the Hotel, if this staged development application is supported, it will act as a “parenting consent”, overriding the Masterplan as it applies to the subject site and DCP 63 provisions in terms of land uses, building envelopes and height controls. Hence there is no need for Council to amend the Masterplan further. Conclusion Council is in receipt of a development application for a staged subdivision application for 48 lots and stage 2 hotel site. The proposed development has been assessed having regard to the provisions of the Campbelltown 2025 - Looking Forward, Local Environmental Plan 112 – Macquarie Field House Development Control Plan 63 – Macquarie Field House and Campbelltown Sustainable City Development Control Plan 2009. As detailed in this report, the proposed development generally conforms to the objectives and design criteria of each of these plans/policies and any variation as considered to be minor and acceptable in the circumstances.



The proposal rationalises an existing hotel approval on the land and appropriately responds to the environmental and heritage constraints of the site through building siting and scale. It is considered the proposal results in acceptable planning outcomes for the site with regard to the Masterplan, made pursuant to DCP 63 and provides social and economic benefits for the local government area. Any variation to DCP 63 and the Masterplan are considered acceptable. The only element of the proposal of significant planning interest (in terms of compliance with the SCDCP). relates to a number of proposed residential allotments that do not comply with the minimum width for allotments as provided for by the Plan. However taking account the proposed building envelopes, proposed height restrictions and setbacks, the development application is considered satisfactory and support is recommended.


That development application 3215/2008/DA-S for the Subdivision into 48 Allotments and one Residue Lot for a Hotel – in two stages at Lots 1, 23, 24 and 26 DP 270152 Macquarie Links Drive, Macquarie Links, be approved subject to the conditions contained in Attachment 1. Committee Note: Mr Gary Camp and Mr Gary Clark - Chairman of the Community Association addressed the Committee in opposition to the development. Committee’s Recommendation: (Bourke/Oates) That development application 3215/2008/DA-S for the Subdivision into 48 Allotments and one Residue Lot for a Hotel – in two stages at Lots 1, 23, 24 and 26 DP 270152 Macquarie Links Drive, Macquarie Links, be approved subject to the conditions contained in Attachment 1 subject to the inclusion of the additional conditions 48 and 49 as detailed below:

48. Fencing and Landscaping and Screening Prior to the issue of the subdivision certificate, the applicant shall erect a framed chainwire fence (black in colour) along the common boundary between the golf course and residential properties. The applicant shall also provide appropriate landscaped screening within each of the residential properties along their common boundary with the golf course. All landscaping provided in response to this condition shall comprise of endemic species compatible with the surrounding landscaping of the Macquarie Links Estate. Details of fencing and landscaping shall be included in the landscape plan to be submitted pursuant to the requirements of this consent.



49. Restriction of Vehicular Access Vehicular access between the hotel site and Macquarie Links Drive shall be restricted to emergency services vehicles only. In this regard, the applicant shall liaise with the NSW Police Force, the NSW Fire Service and the Ambulance Service of NSW to identify their individual requirements with respect to restricted access arrangements/measures and shall develop a suitable response that would ensure compliance with this consent as well as satisfy their individual requirements. All measures are to be installed and written confirmation of compliance from each of the nominated authorities shall be provided to the Principal Certifying Authority prior to the release of the subdivision certificate. Other than for the purposes of emergency services access, vehicular access between Macquarie Links Drive and the future road providing access to the hotel site from the Hume Highway is prohibited.

CARRIED

Voting for the Committee's Recommendation were Councillors: Bourke, Greiss, Kolkman, Oates and Rowell. Voting against the Committee's Recommendation: Councillor Thompson. Having declared an interest in Item 3.3 - His Worship the Mayor Councillor Matheson and the Deputy Mayor Councillor Lake left the Chamber and did not take part in debate nor vote on this matter. In the absence of the Mayor and the Deputy Mayor, Councillor Kolkman assumed the Chair. Council Meeting 1 September 2009 (Bourke/Kolkman) That development application 3215/2008/DA-S for the Subdivision into 48 Allotments and one Residue Lot for a Hotel – in two stages at Lots 1, 23, 24 and 26 DP 270152 Macquarie Links Drive, Macquarie Links, be approved subject to the conditions contained in Attachment 1 subject to the inclusion of the additional conditions 48 and 49 as detailed below: 48. Fencing, Landscaping and Screening Prior to the issue of the subdivision certificate, the applicant shall erect a framed chainwire fence (black in colour) along the following boundaries:

- Proposed Lots 7, 8, 15, 16 and 38 and their common boundary with the proposed Community Property Accessway (4.0m wide) linking the future hotel site to the golf course;

- Proposed Lots 12 and 13 and their common boundary with a proposed Community

Property Access Way linking Governors Way with proposed Road 1;



- Proposed Access Way servicing the proposed Lots 35 – 38 and the Access Ways

common boundary with the Community Property (Golf Course); - Proposed Lots 39 – 42 and their common boundary with the Community Property (Golf

Course); and - Proposed Lots 42 – 44 and their common boundary with Lot 27 DP 270152.

The applicant shall also provide appropriate screening within each of the residential properties that have a common boundary with the Golf Course and/or the Open Space Lot 27 DP 270152. Screening shall also be applied along the common boundary of the Golf Course and the Access Way servicing proposed Lots 34 – 38. All landscaping provided in response to this condition shall comprise of endemic species compatible with the surrounding landscaping of the Macquarie Links Estate. Details of fencing and landscaping shall be included in the landscape plan to be submitted pursuant to the requirements of this consent. 49. Restriction of Vehicular Access

Vehicular access between the hotel site and Macquarie Links Drive shall be restricted to emergency services vehicles only. In this regard, the applicant shall liaise with the NSW Police Force, the NSW Fire Service and the Ambulance Service of NSW to identify their individual requirements with respect to restricted access arrangements/measures and shall develop a suitable response that would ensure compliance with this consent as well as satisfy their individual requirements. All measures are to be installed and written confirmation of compliance from each of the nominated authorities shall be provided to the Principal Certifying Authority prior to the release of the subdivision certificate. Other than for the purposes of emergency services access, vehicular access between Macquarie Links Drive and the future road providing access to the hotel site from the Hume Highway is prohibited. An Amendment in regard to Item 3.3 it was Moved Councillor Borg Seconded Councillor Glynn: That a decision in the matter be deferred and the site be listed for an inspection at a future briefing evening. LOST Voting for the Amendment were Councillors: Borg, Chanthivong, Glynn, Rule, Thomas and Thompson. Voting against the Amendment were Councillors: Bourke, Greiss, Hawker, Kolkman, Oates and Rowell. The Amendment Lost on the Casting Vote of the Chairperson. The Motion on being Put was CARRIED. Council Resolution Minute Number 224 That the original Motion be adopted.



Voting for the Council Resolution were Councillors: Borg, Bourke, Chanthivong, Glynn, Griess, Kolkman, Oates, Rule and Thomas. Voting against the Council Resolution were Councillors: Hawker, Rowell and Thompson.

Following the discussion of this Item - His Worship the Mayor Councillor Matheson and the Deputy Mayor Councillor Lake returned to the Chamber for the remainder of the meeting. His Worship the Mayor Councillor Matheson reassumed the Chair.



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. Staged Development

This Approval relates to a 2 staged development. Stage 1 – is for the purposes of a residential subdivision consisting of 48 lots and 1 residual lot. Stage 1 of this approval allows for the subdivision only. Development for the purposes of dwelling houses upon the subdivision shall be subject to a separate development application. Stage 2 - is for the purposes of developing the residual lot for a hotel. The development of the Hotel shall be subject to a separate development application.

3. 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 Volume 2 (as amended).

4. Landscaping

The provision and maintenance of landscaping shall be in accordance with the approved landscape plan 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.



5. Hotel Access Road Intersection

Prior to Council issuing development consent for the future hotel within Stage 2 of the subject application, the applicant shall liaise with the Roads & Traffic Authority (RTA) and obtain the RTA’s requirements with respect to the (intersection of Campbelltown Road/Beech Road signalised intersection) and the construction of the Hotel access road where it connects to that intersection. A copy of the RTA recommendations and approvals for the intersection and any related road design shall be forwarded to Council prior to the determination of the application.

6. Controlled Access Arrangements

The applicant shall design and construct a sealed accessway to link the cul-de-sac heads in Governors Way and Proposed Road No.1 for the use of emergency vehicles only. In this regard the applicant shall liaise with the relevant authorities to determine their requirements and ensure that a satisfactory thoroughfare is provided. Design details for the controlled accessway shall be submitted for approval and accompanied with all recommendations from the relevant emergency services, prior to Council or an accredited certifier issuing a construction certificate. Design and construction of the accessway shall be in accordance with the requirements detailed in Council’s Specification for Construction of Subdivisional Road and Drainage Works (as amended) and the Campbelltown (Sustainable City) DCP 2009 - Volumes 1 and 2 (as amended).

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. 7. Water/Electricity Utility Services

Prior to Council or an accredited certifier issuing a construction certificate, the applicant shall submit written evidence of the following service provider requirements: a. Integral Energy - A letter of consent demonstrating that satisfactory arrangements

have been made to service the proposed development. b. Sydney Water - The submission of a 'Notice of Requirements' under Section 73 of

the Water Board (Corporation) Act 1994.



8. Telecommunications Utility Services

Prior to Council or an accredited certifier issuing a construction certificate, the applicant shall submit written evidence demonstrating that satisfactory arrangements have been made with a telecommunications carrier to service the proposed development.

9. Geotechnical Report

Prior to Council or an accredited certifier issuing a construction certificate, a geotechnical report prepared by a NATA registered laboratory, shall be submitted which states that the land will not be subject to subsidence, slip, slope failure or erosion.

10. Landscape Plan

Prior to the issue of construction certificate, the applicant shall submit a landscape plan prepared by a suitably qualified professional. The landscape plan shall include details of the street tree planting, treatment of pedestrian thoroughfares, open space connections, overland flow paths and consideration of Crime Prevention Through Environmental Design principles (CPTED).

11. Soil and Water Management Plan

Prior to Council or an accredited certifier issuing a construction certificate, a detailed soil and water management plan shall be submitted for approval.

12. Road Construction (New) Prior to Council or an accredited certifier issuing a construction certificate, the applicant shall submit engineering details for the construction of all new roads. The design and construction of the new roads shall be in accordance with Council's Specification for Construction of Subdivisional Road and Drainage Works (as amended) and the design requirements detailed in the Campbelltown (Sustainable City) DCP 2009 - Volumes 1 and 2 (as amended).

13. Work on Private Land

Prior to Council or an accredited certifier issuing a construction certificate, the applicant shall obtain written approval from the respective owner/s, for any proposed works within adjoining private land/s.

14. Stormwater Management Plan

Prior to Council or an accredited certifier issuing a construction certificate, a plan indicating all engineering details and calculations relevant to the site regrading and the collection and disposal of stormwater from the site, building/s and adjacent catchment, shall be submitted for approval. All proposals shall comply with the relevant design requirements in the Campbelltown (Sustainable City) DCP 2009 - Volumes 1 and 2 (as amended).



15. Assessment of Existing Dam

Prior to Council or an accredited certifier issuing a construction certificate, the applicant shall engage a N.A.T.A. registered laboratory to undertake a geotechnical assessment and prepare a report on the stability of the existing dam within the golf course, into which it is intended to discharge the stormwater runoff from the proposed subdivision. The report shall also detail any additional works required on the dam due to the expected increase in required storage capacity. Prior to the issue of the construction certificate for any commencement of any works on the dam, a suitably qualified and experience person shall certify that the design plans comply with the recommendations and requirements of the geotechnical report. Upon completion of the works a geotechnical engineer shall certify that the works have been undertaken in accordance with the approved plans. Any modifications carried out on the dam shall be detailed on the Works as Executed plans that are submitted for the subdivision.

16. Existing Overland Flowpath

Should it be necessary to modify the exiting dam within the golf course, into which it is intended to discharge the stormwater runoff from the proposed subdivision, the applicant shall engage an appropriately qualified and experienced hydraulics engineer to determine whether the existing overland flow path adjacent to Jane Jarvis Way, will still function as originally intended and that surface flows from this part of the estate can be safely and efficiently conveyed to the dam. Where additional works are necessary to maintain the alignment and capacity of the existing overland flowpath, design details and related calculations shall be submitted for approval, prior to Council or an accredited certifier issuing a construction certificate.

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. 17. 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.



18. 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.

19. 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. 20. 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.

21. Vehicular Access During Construction Prior to the commencement of any works on the land, a single vehicle/plant access to the site shall be provided, to minimise ground disturbance and prevent the transportation of soil onto the surrounding road network. Single sized aggregate, 40mm or larger and placed 150mm deep, extending from the road to the property boundary, shall be provided as a minimum requirement.



22. Hoarding / Fence

Prior to the commencement of any works, a hoarding or fence must be erected between the work site and adjoining property boundaries in accordance with Work Cover requirements.

23. 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.

24. 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 sediment control devices shall remain in place until the site has been stabilised and fully revegetated. Note: On the spot penalties up to $1500 will be issued for any non-compliance with this requirement without any further notification or warning.

25. 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.

26. Fill Compaction Requirements

Any filling carried out in accordance with this consent shall maintain a minimum requirement of 98% standard compaction. Testing of the fill placement and compaction shall be undertaken by a N.A.T.A. registered laboratory to establish the field dry density every 300mm rise in vertical height. Test sites shall be located randomly across the filled area, with at least 1 test per 500m2 of the filled area being undertaken (minimum 1 test per 300mm layer). All testing shall be certified by a qualified geotechnical engineer.



27. Fill Contamination

Any material used on the site is to be validated in accordance with the Environment Protection Authority’s guidelines for consultants reporting on contaminated sites. The validation report shall state in an end statement that the fill material is suitable for the proposed use on the land.

28. 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.

29. Excess Material

All excess material is to be removed from the site. The spreading of excess material or stockpiling on site will not be permitted without prior written approval from Council.

30. Earth Works/Filling Works

All earthworks, including stripping, filling, and compaction shall be: a. Undertaken in accordance with Council's 'Specification for Construction of

Subdivisional Roads and Drainage Works' (as amended), AS 3798 'Guidelines for Earthworks for Commercial and Residential Development' (as amended), and approved construction drawings;

b. Supervised, monitored, inspected, tested and reported in accordance with AS 3798

Appendix B 2(a) Level 1 and Appendix C by a NATA registered laboratory appointed by the applicant. Two collated copies of the report and fill plan shall be forwarded to Council; and

c. Certified by the laboratory upon completion as complying, so far as it has been able

to determine, with Council's specification and AS 3798. 31. Public Safety

Any works undertaken within public property or community title land are to be maintained in a safe condition at all times. In this regard, the applicant shall ensure that a safe, fully signposted passage, a minimum of 1.2 metres wide and separated from the works and moving vehicles by suitable barriers and lights, is maintained for pedestrians, including disabled pedestrians, at all times. The applicant shall ensure that traffic control is undertaken and maintained strictly in accordance with AS 1742.3, the requirements set out in the RTA manual "Traffic Control at Work Sites" (as amended) and all applicable Traffic Management and/or Traffic Control Plans. The contractor shall also ensure that all Work Cover Authority requirements are complied with. In the case of public land, Council, or where applicable the Roads & Traffic Authority (RTA), may at any time and without prior notification make safe any such works that are considered to be unsafe and recover all reasonable costs incurred, from the applicant.



32. 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 Volume 2. c. ‘Soils and Construction (2004) (Bluebook); and d. Relevant Australian standards and State Government publications.

33. Refuse Collection Point The applicant shall construct 125mm thick reinforced concrete slabs, behind the kerb of the cul-de-sac head in Road No. 2 for the placement of garbage bins from lots 34 to 38 (inclusive). The size of the slab shall be 1 metre in length and 800 mm wide for each bin and details of their locations shall be shown on the engineering plans for the subdivision. A Restriction As To User shall be placed on the 88B Instrument burdening the respective lots and the applicant shall liaise with Council regarding the appropriate wording.

34. Concrete Pathway A reinforced concrete pathway, a minimum of 2.5 metres wide and 125mm thick, shall be constructed centrally within the golf course accessway, in accordance with the construction requirements for pathways, detailed in the Campbelltown (Sustainable City) DCP 2009 - Volume 2.

35. Pavement Thickness Determination A road pavement design and pavement thickness report, prepared by a N.A.T.A. registered laboratory shall be forwarded to the principal certifying authority a minimum of 2 working days prior to the inspection of exposed sub grade. The pavement design shall give regard to the design traffic loadings which shall be in accordance with Council's Specification for Construction of Subdivisional Road and Drainage Works (as amended) and the Campbelltown (Sustainable City) DCP 2009, Volume 2 (as amended).

36. Battle- Axe Handle The applicant shall construct a reinforced concrete driveway, a minimum of 2.5 metres wide, 150mm thick and centrally placed within and for the full length of the battle-axe handle serving lot 42, in accordance with the Campbelltown Sustainable City DCP 2009, Volume 2 (as amended).

37. Footpath Crossing and Layback (lots 35 to 38) The applicant shall provide a reinforced concrete footpath crossing and layback at the end of the common driveway for lots 35 to 38 (inclusive). Construction shall be in accordance with Council's Medium Density Vehicle Crossing Specification and the Campbelltown (Sustainable City) DCP 2009 Volume 2 (as amended).



Where Council is required to undertake inspections of this work, an application form shall be submitted and the relevant inspection fee paid, prior to pouring the concrete. Where necessary, conduits shall be provided under the footpath crossing, in accordance with the relevant service authority’s requirements.

38. Footpath Crossing and Layback (Restricted Accessway) The applicant shall provide a reinforced concrete footpath crossing and layback at each end of the restricted accessway. Construction shall be in accordance with Council's Industrial/Commercial Vehicle Crossing Specification and the Campbelltown (Sustainable City) DCP 2009 Volume 2 (as amended). Where Council is required to undertake inspections of this work, an application form shall be submitted and the relevant inspection fee paid, prior to pouring the concrete. Where necessary, conduits shall be provided under the footpath crossing, in accordance with the relevant service authority’s requirements.

39. Associated Works The applicant shall undertake any works external to the development, that are made necessary by the development, including additional road and drainage works or any other civil works directed by Council or the principal certifying authority, to make a smooth junction with existing work.

PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE The following conditions of consent must be complied with prior to the issue of a subdivision certificate by Campbelltown City Council. All necessary information to comply with the following conditions of consent must be submitted with the application for a subdivision certificate. 40. Restriction On The Use Of Land

Prior to the principal certifying authority issuing a subdivision certificate, the applicant shall create appropriate restrictions on the use of land under Section 88B of the Conveyancing Act. a. Floor Level Control – Lots to be determined b. No Alteration To Surface Levels – All lots c. Lots Filled – Lots to be nominated d. Access Denied – Lots to be nominated where applicable. e. Drainage Floor Level Control Easements - (100yr flow, depressed) – Lots adjacent

to flow paths. f. No Cut Or Fill - (Geotech Report Required) – All lots g. Refuse Collection - Lots 34 to 38 (inclusive). The applicant shall liaise with Council regarding the required wording. Any lots subsequently identified during the subdivision process as requiring restrictions shall also be suitably burdened. The authority empowered to release, vary or modify these restrictions on the use of land shall be the Council of the City of Campbelltown. The cost and expense of any such release, variation or modification shall be borne by the person or corporation requesting the same in all respects.



41. Classification of Residential Lots

Prior to the principal certifying authority issuing a subdivision certificate, all residential lots are to be individually classified in accordance with guidelines contained in the Australian Standard for Residential Slabs and Footings - AS2870.1996 (as amended).

42. Splay Corner Prior to the principal certifying authority issuing a subdivision certificate, the applicant shall dedicate as community property, 4m x 4m splay corners in the property boundaries of all lots that are located adjacent to road intersections.

43. Works as Executed Plans Prior to the principal certifying authority issuing a subdivision certificate, the applicant shall submit to Council, two complete sets of fully marked up and certified Work As Executed plans in accordance with Council's Specification for Construction of Subdivisional Road and Drainage Works (as amended) and with the design requirements of the Campbelltown (Sustainable City) DCP 2009 Volume 2 (as amended). The applicant shall also submit a copy of the Works as Executed information to Council in an electronic format in accordance with the following requirements:

1. MGA 94 (Map Grid of Australia 1994) Zone 56 - Coordinate System 2. Datum to be AHD (Australian Height Datum) 3. File format(s):

a) AutoCAD Option

The "etransmit" (or similar) option in AutoCAD with the transmittal set-up to include as a minimum:

Package Type - zip File Format - AutoCAD 2004 Drawing Format or later Transmittal Options - Include fonts

Include textures from materials Include files from data links Include photometric web files

Bind external references The drawing shall not be password protected.



b) MapInfo Option

Council will also accept either MapInfo Native format (i.e. .tab file) or MapInfo mid/mif.

All surveyed points will also be required to be submitted in a point format (x,y,z) in either an Excel table or a comma separated text file format.

SURVEY INFORMATION REQUIRED TO BE SHOWN

• Finished ground and building floor levels together with building outlines. • Spot levels every 5m within the site area. • Where there is a change in finished ground levels, greater than 0.3m between

adjacent points within the abovementioned 5m grid, intermediate levels will be required.

• A minimum of fifteen (15) site levels. • If the floor level is uniform throughout, a single level is sufficient. • Details of all stormwater infrastructure, including pipe sizes and types as well as

surface levels and invert levels of all existing and/or new pits/pipes associated with the development.

• All existing and/or new footpaths, kerb and guttering and road pavements to the centre line of the road.

• The surface levels of all other infrastructure.

44. Public Utilities Prior to the principal certifying authority issuing a subdivision certificate, any adjustments to public utilities that are required as a result of the development, shall be completed to the satisfaction of the relevant authority and at the applicant’s expense.

45. Service Authorities

Prior to the principal certifying authority issuing a subdivision certificate, two copies of all servicing plans shall be forwarded to Council in accordance with the following: Written advice from Sydney Water, Integral Energy and where applicable the relevant gas company, shall be submitted, stating that satisfactory arrangements have been made for the installation of either service conduits or street mains in road crossings, prior to the construction of the road pavement. All construction work shall conform to the relevant authorities specification/s. The final seal shall be deferred pending installation of all services. In this regard the applicant shall provide a temporary seal and lodge with Council a security, the amount to be determined by Council, to cover the cost of trench restoration and the placement of the final asphaltic concrete seal.



46. Residential Inter-Allotment Drainage

Prior to the principal certifying authority issuing a subdivision certificate, the applicant shall demonstrate on the works as executed plans that inter-allotment drainage and associated easements have been provided for all residential lots that cannot be drained to the kerb and gutter. Inter-allotment drainage systems shall be designed and constructed in accordance with the requirements detailed in Council's Specification for Construction of Subdivisional Road and Drainage Works (as amended) and the Campbelltown (Sustainable City) DCP 2009 - Volumes 1 and 2 (as amended).

47. Council Fees and Charges

Prior to the principal certifying authority issuing a subdivision certificate the applicant shall ensure that all applicable Council fees and charges associated with the development have been paid in full.

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. 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 any tree upon the subject site 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 in length or has a trunk diameter more than 150mm, measured 1 metre above ground, and excludes any tree declared under the Noxious Weeds Act (NSW). Advice 2. Filling on Site Council’s records in respect of the subject lot indicate that varying depths of filling covers the natural ground surface. Advice 3. Inspections – Civil Works Where Council is nominated as the principal certifying authority for civil works, the following stages of construction shall be inspected by Council.



a. EROSION AND SEDIMENT CONTROL -

• Direction/confirmation of required measures.

• After installation and prior to commencement of earthworks.

• As necessary until completion of work. b. STORMWATER PIPES – Laid, jointed and prior to backfill. c. SUBSOIL DRAINS – After:

• The trench is excavated.

• The pipes are laid.

• The filter material placed. d. SUBGRADE – Joint inspection with a NATA Registered Laboratory after preliminary

boxing, to confirm pavement report/required pavement thicknesses. e. SUBGRADE – 10/12 tonne 3-point roller proof test, density tests and finished surface

profiles prior to placement of sub-base. f. CONDUITS – Laid and jointed prior to backfilling. g. PAVEMENT THICKNESS MEASUREMENT (Dips) – After placement of kerb and gutter

and final trimming of sub-base. h. SUB BASE – 10/12 tonne 3-point roller proof test and finished surface profiles after

finishing and prior to base course placement. i. BASECOURSE – 10/12 tonne 3-point roller proof test, density tests and finished surface

profiles after finishing and prior to sealing. j. OVERLAND FLOWPATHS – After shaping and prior to topsoil/turf placement. k. CONCRETE PATHS, VEHICLE CROSSINGS & LAYBACKS – Prior to pouring concrete. l. ASPHALTIC CONCRETE SEAL – Finished surface profiles after sealing. m. FINAL INSPECTION – All outstanding work. Advice 4. Linen Plan and Copies A linen plan and if required an original 88B Instrument together with thirteen copies shall be submitted to Council prior to the release of the subdivision certificate. Advice 5. Linen Plan Checking Fee Council is the principal certifying authority and a linen plan checking fee is payable on submission of the linen plan of subdivision to Council. The exact amount will be calculated at the rate applicable at the time of release of the linen plans, noting that the current rate is ($ 215.00) for each lot of the subdivision including any residue lots. Advice 6. Salinity Please note that Campbelltown is an area of known salinity potential. As such any salinity issues should be addressed as part of the construction certificate application. Further information regarding salinity management is available within the Campbelltown (Sustainable City) DCP 2009 Volumes 1 & 2 (as amended).


Allotments And One Residue Lot For A Hotel – In Two Stages ATTACHMENT 2

Planning and Environment Committee Meeting 25 August 2009 13b4.1 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 14/08/2009) 5 Total completed Class 1 DA Appeal Matters (as at 14/08/2009) 0 Costs from 1 July 2009 for Class 1 DA Appeal Matters: $14,924.15

1 (a) Issue: Property: Property owner: File No: Court Application filed:

Pope Shenouda III Coptic Christian Centre Refusal of Development Application 3263/2005/DA-C for the demolition of existing buildings, alterations to church and construction of stadium, two residences, dormitory hall, playing field and carparking Lots 315 - 318 DP 260797 No 2 Wills Road, Long Point. Coptic Orthodox Church Property 3263/2005/DA-C (Court File 10700 of 2008) 21 July 2008


Applicant: Hearing date: Costs Estimate: Costs to date: Status:

Pope Shenouda III Coptic Christian Centre 24, 25, 28, 29 & 30 September 2009 $25,000.00 (exclusive of Barristers, Court Appointed Experts or disbursements fees) $15,671.55 Ongoing

Action Since Last Meeting

At the telephone mention on 3 August 2009 the proceedings were listed for hearing on 24, 25, 28, 29 & 30 September 2009. In the meantime the expert reports are to be filed with the Court.

1 (b) Issue: Property: Property owner: File No: Court Application filed: Applicant: Hearing date: Costs Estimate: Costs to date: Status:

Campbelltown-Minto Merchants Association Inc. (INC 9881989) Refusal of Development Applications 662/2007/DA-U and 663/2007/DA-A for use of the property for a local market and associated signage. Lot 21 DP 815215 No.10 Swettenham Road, Minto. Sandi Pty Ltd 662/2007/DA-U and 663/2007/DA-A (Court File 11005 of 2008) 8 October 2008 Campbelltown-Minto Merchants Association Inc. (INC 9881989) 17 August 2009 $20,000.00 (exclusive of Barristers, Court Appointed Experts or disbursement fees) $30,791.67 Ongoing


Judgement in this matter was handed down on 6 July 2009 upholding the appeal. The matter was re-listed before the Court on 17 August for submissions on the consent conditions.

1 (d) Issue: Property: Property Owner: File No: Court Application Filed: Applicant: Directions hearing date:

John Galluzzo Refusal of Development Application 1972/2007/DA-C for the extensions to childcare centre. Pt Lot 101 DP 602622 No.1 Bloomfield Road, Denham Court. John Galluzzo 1972/2007/DA-C (Court File 11218 of 2008) 1 December 2008 John Galluzzo 14 and 15 September 2009


Costs Estimate: Costs to date: Status:

$20,000.00 (exclusive of Barristers, Court Appointed Experts or disbursement fees) $8,505.32 Ongoing


At the directions hearing on 16 July 2009 the Court adjourned the proceedings to 14 and 15 September 2009 for hearing commencing onsite. In the meantime a joint expert report is required to be prepared, draft conditions prepared by Council, and all documents filed with the Court.

1 (e) Issue: Property: Property Owner: File No: Court Application Filed: Applicant: Directions hearing date: Costs Estimate: Costs to date: Status:

Jessica Investments Pty Ltd Deemed refusal of Development Application 3215/2008/DA-S for subdivision of property into 48 allotments and one residual lots in two stages. Lots 23, 24, 26 & 36 DP 270152 Governors Way, Macquarie Links. Jessica Investments Pty Ltd 3215/2008/DA-S (Court File 10091 of 2009) 13 February 2009 Jessica Investments Pty Ltd 7 September 2009 $20,000.00 (exclusive of Barristers, Court Appointed Experts or disbursement fees) $4,194.73 Ongoing


As directed by the Court, the applicant provided the Council with the additional information for its consideration. At the Section 34 conference on 6 August 2009 the parties agreed by consent to adjourn the proceedings for further Section 34 (telephone) conference on 7 September 2009, to allow Council time to access the new information.


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 14/08/2009) 0 Total completed Class 1 Order/Notice Appeal Matters (as at 14/08/2009) 0 Costs from 1 July 2009 for Class 1 Order/Notices Appeal Matters: $0.00

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

Orders / Notices or Prosecutions

Total ongoing Class 4 Matters (as at 14/08/2009) 4 Total completed Class 4 Matters (as at 14/08/2009) 0 Costs from 1 July 2009 for Class 4 Matters $0.00

3 (a) Issue: Property: Property owner: File No: Applicant: Costs Estimate: Costs to Date: Status:

Khaled Alameddine Non-compliance with Orders to rectify structurally inadequate outbuildings. Lot 14 DP 740774 No. 329 Wedderburn Road, Wedderburn Ms Susanna Rossi Court File No. 40778 of 2007 Khaled Alameddine $20,000 (exclusive of Barristers, Court Appointed Experts or disbursements fees) $8,353.61 Court proceedings completed, cost recovery action ongoing.


A Certificate of Determination of Costs in the sum of $7,100.50 has been received from the Supreme Court NSW. Council is required to serve the certificate on the Respondent who will have 21 days to respond. If no response is received the matter can then be filed in the Local Court seeking enforcement of the costs orders.


3 (b) Issue: Property: Property owner: File No: Respondent: Costs Estimate: Costs to Date: Status:

George Habna Habra, Renee Habra and Elia Habra Non-compliance with Orders to rectify excavated and subsiding earth embankment located on either side of the common boundry of adjoining residential premises. Lot 1451 DP 703487 No. 2 Brownlow Place, Ambarvale George Habna Habra, Renee Habra and Elia Habra Court File No. 40024 of 2008 George Habna Habra, Renee Habra and Elia Habra $20,000 (exclusive of Barristers, Court Appointed Experts or disbursements fees) $7,889.30 Court proceedings completed, remediation works and cost recovery ongoing.


Firm quotations for the works have been obtained and an agreement drafted between Council and the Respondents to enable the works to be completed. The relevant documentation will now be presented to the Respondents for their concurrence.

3 (c) Issue: Property: Property owner: File No: Respondent: Costs Estimate: Costs to Date: Status:

Simon Simo and Emilia Simo Non-compliance with Orders to rectify excavated and subsiding earth embankment located on either side of the common boundry of adjoining residential premises. Lot 1450 DP 703487 No. 4 Brownlow Place, Ambarvale Simon Simo and Emilia Simo Court File No. 40025 of 2008 Simon Simo and Emilia Simo $20,000 (exclusive of Barristers, Court Appointed Experts or disbursements fees) $6,476.05 Court proceedings completed, remediation works and cost recovery ongoing.


Firm quotations for the works have been obtained and an agreement drafted between Council and the Respondents to enable the works to be completed. The relevant documentation will now be presented to the Respondents for their concurrence.


3 (d) Issue: Property: Property owner: File No: Respondent: Costs Estimate: Costs to Date: Status:

Inderjit Singh T/as Multi Furniture Non-compliance with Orders to cease use of premises for furniture manufacture and vacate the premises. Lot 2 DP739179, Unit 2 Erica Lane, Minto and Pt Lot 6 DP 703617 Unit 1 Erica Lane, Minto GLP Developments Pty Ltd and A and M Stavros respectively Court File No. 49166 of 2008 Inderjit Singh T/as Multi Furniture $20,000 (exclusive of Barristers, Court Appointed Experts or disbursements fees) $13,125.61 Court proceedings completed. Cost recovery ongoing.


The respondent wrote to Council seeking clarification of the amount of Council's legal costs being sought, indicating an offer to settle. Council's solicitor wrote to the respondent advising that the offer was unacceptable and made a counter offer. Negotiations are continuing.

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

offences and various breaches of environmental and planning laws.


4 (a) Issue: Property: Property owner: File No: Court Application Filed: Defendant: Costs Estimate: Costs to Date: Status:

Cvetko Josevski Development carried out (wilfully poison 6 mature eucalyptus trees) in contravention of the planning instruments that applied in respect of the property. Lot 4 DP 238982 No.74 Hansens Road, Minto Heights. Cvetko Josevski and Snezana Josevski Court File No. 50076 of 2008 9 October 2008 Cvetko Josevski $20,000 (exclusive of Barristers, Court Appointed Experts or disbursements fees) $22,673.62 Completed, cost recovery ongoing.



The defendant responded to Council’s counter offer to settle costs by seeking additional information including an assessment of costs. Council’s solicitor has been instructed to contact the solicitor for the defendant to determine if agreement on costs can be reached without the need to engage a costs assessor at this time. Negotiations are ongoing.

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

environmental matters


6. Land and Environment Court Tree Dispute Matters – Applications filed under the

Trees (Disputes Between Neighbours) Act 2006

Total ongoing Tree Dispute Matters (as at 14/08/2009) 0 Total completed Tree Dispute Matters (as at 14/08/2009) 0 Costs from 1 July 2009 for Tree Dispute Matters $0.00

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

environmental offences.

Total ongoing Appeal Matters (as at 14/08/2009) 1 Total completed Appeal Matters (as at 14/08/2009) 0 Costs from 1 July 2009 for District Court Matters $0.00

7 (a) Issue: File No: Court Application filed: Appellant: Costs Estimate: Costs to date:

Michael Bruce Hall Appeal against decision in Consumer, Trader and Tenancy Tribunal Case No GEN:08/45487 of BUILDINGPLANS.COM.AU (Michael Bruce Hall) v Ameerul Nisha Hussein. 2593/2007/DA-DW (Court File No. 08/10/2008) 9 October 2008 Michael Bruce Hall $5,000 (exclusive of Barristers, Court Appointed Experts or disbursements fees) $5,031.63


Status:

Completed. Cost recovery ongoing.


Council's solicitor wrote to the appellant providing him with a detailed bill of Council's legal costs in the matter. No response has yet been received. Council's solicitor has prepared an application for assessment of costs and will arrange for it to be served on the Appellant.

8. 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 14/08/2009) 27 Total completed Local Court Matters (as at 14/08/2009) 19 Costs from 1 July 2009 for Local Court Matters $10,060.00

File No: Offence: Act: Final costs: Status - completed:

LP 75/08 - Penalty Notice Court Election Development (tree felling and lopping) without consent. Environmental Planning and Assessment Act $13,676.00 (includes Council's legal costs and a percentage of the defendant's costs claim) Agreement on costs reached and payment made.

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

LP 114/08 - Penalty Notice Court Election Stop on/near children's crossing - school zone. Australian Road Rules $0.00 Costs order against Council paid. Council maintained that it should not have been held liable for the costs order and made submission to the State Debt Recovery Office accordingly. The total amount of the costs order has now been reimbursed to Council.


LP 29/09 - Penalty Notice Court Election Stop on path/strip in built-up area. Road Rules 2008 $0.00 The matter was before the Court for hearing on 24 July 2009, where the accused changed their plea to guilty with an explanation. After hearing the evidence and submissions the Court found the offence proven and dismissed the matter under Section 10 of the Crimes (Sentencing) Procedure Act and ordered the defendant to $30 Court


Costs.


LP 30/09 - Penalty Notice Court Election Stop on/near children's crossing. Road Rules 2008 $0.00 The matter was before the Court for hearing on 4 August 2009, where the accused maintained their not guilty plea. After hearing the evidence and submissions the Court found the offence had not been proven beyond reasonable doubt and dismissed the matter under Section 141 of the Evidence Act

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

LP 33/09 - Penalty Notice Court Election Stand vehicle in area longer than allowed. Local Government Act $0.00 The hearing for 24 July 2009 vacated by consent and re-listed to 18 September due to the unavailability of the defendant’s witnesses.


LP 40/09 - Penalty Notice Court Election Not pay clean-up notice administration fee Protection of the Environment Operations Act $0.00 The matter was listed for plea/mention on 21 July 2009, where the Accused, Arif Mohamad, entered a guilty plea with explanation. After considering the evidence and submissions the Court found the offence proven and imposed a $300 fine and an order for $76 court costs.


LP 41/09 - Penalty Notice Court Election Not comply with clean-up notice Protection of the Environment Operations Act $0.00 The matter was listed for plea/mention on 21 July 2009, where the Accused, Arif Mohamad, entered a guilty plea with explanation. After considering the evidence and submissions the Court found the offence proven and imposed a $600 fine and an order for $76 court costs.

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

LP 42/09 - Penalty Notice Enforcement Order Annulment Use land as waste facility without authority Protection of the Environment Operations Act $0.00 The matter is listed for first mention on 18 August 2009.


File No: Offence: Act: Costs to date: Status - new matter:

LP 43/09 - Penalty Notice Enforcement Order Annulment Stand vehicle in disabled persons parking space without authority Road Rules 2008 $0.00 The matter is listed for first mention on 18 August 2009.

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

LP 44/09 - Penalty Notice Court Election Pollute waters Protection of the Environment Operations Act $0.00 The matter was listed for first mention on 23 June 2009, where the accused entered a not guilty plea. The matter has been adjourned to 11 September for hearing.

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

LP 49/09 - Penalty Notice Court Election Dog not under effective control in a public place Companion Animals Act $0.00 The matter is listed for hearing on 22 September 2009.


LP 51/09 - Penalty Notice Court Election Stop in loading zone Road Rules 2008 $0.00 The matter was listed for first mention on 21 July 2009, where the Accused, Fereti Tupe, made no appearance. The Court granted an application by Council for the matter to proceed in the Accused's absence and after considering the evidence and submissions the Court found the offence proven and imposed a $135 fine and an order for $76 court costs.


LP 52/09 - Penalty Notice Court Election Stop in loading zone Road Rules 2008 $0.00 The matter was listed for first mention on 21 July 2009, where the Accused, Said Assoum, made no appearance. The Court granted an application by Council for the matter to proceed in the Accused's absence and after considering the evidence and submissions the Court found the offence proven and imposed a $200 fine and an order for $76 court costs.



LP 53/09 - Penalty Notice Court Election Obstruct driveway access Road Rules 2008 $0.00 The matter was listed for first mention on 21 July 2009 where the Accused entered a not guilty plea. The proceedings have been adjourned to 11 September 2009 for hearing.


LP 54 & 55/09 - Penalty Notice Court Election Dog not under effective control in a public place x 2 Companion Animals Act $0.00 The matters were listed for first mention on 21 July 2009, where the Accused, Carina Douse, made no appearance. The Court granted an application by Council for the matters to proceed in the Accused's absence and after considering the evidence and submissions the Court found the offences proven and imposed $250 in fines and an order for $76 court costs.


LP 56/09 - Penalty Notice Court Election Dog not under effective control in a public place Companion Animals Act $0.00 The matters were listed for first mention on 28 July 2009, where the Accused, Donna Rea Scanlon, made no appearance. The Court granted an application by Council for the matters to proceed in the Accused's absence and after considering the evidence and submissions the Court found the offences proven and imposed $220 in fines and an order for $76 court costs.


LP 57/09 - Penalty Notice Court Election Dog not under effective control in a public place Companion Animals Act $0.00 The matter was before the Court for hearing on 4 August 2009, where the accused entered a guilty plea with explanation. After hearing the evidence and submissions the Court found the offence proven and dismissed the matter under Section 10 of the Crimes (Sentencing) Procedure Act and ordered the defendant to pay $30 Court Costs.



LP 58/09 - Penalty Notice Court Election Dog not under effective control in a public place Companion Animals Act $0.00 The matter was before the Court for hearing on 4 August 2009, where the accused entered a guilty plea with explanation. After hearing the evidence and submissions the Court found the offence proven and dismissed the matter under Section 10 of the Crimes (Sentencing) Procedure Act and ordered the defendant to pay $76 Court Costs.


LP 59/09 & LP60/09 - Penalty Notice Court Election Dog not under effective control in a public place x 2 Companion Animals Act $0.00 The matters were before the Court for hearing on 11 August 2009, where the accused entered a guilty plea with explanation. After hearing the evidence and submissions the Court found the offences proven and dismissed the matters under Section 10 of the Crimes (Sentencing) Procedure Act and ordered the defendant to pay $60 Court Costs.

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

LP 61/09 - Penalty Notice Court Election Unregistered Dog Companion Animals Act $0.00 Listed for first mention on 25 August 2009.


LP 62/09 - Penalty Notice Court Election Not comply with order (demolish unauthorised building) Environmental Planning and Assessment Act $0.00 Listed for first mention on 18 August 2009.


LP 63/09 - Penalty Notice Court Election Not comply with order (comply with development consent) Environmental Planning and Assessment Act $0.00 Listed for first mention on 18 August 2009.



LP 64/09 - Penalty Notice Court Election Not comply with order (demolish unauthorised building) Environmental Planning and Assessment Act $0.00 At the first mention the Accused entered a guilty plea. By consent the Court adjourned the matter to 18 August 2009 to be heard concurrently with matter LP62/09, as it relates to the same business.


LP 65/09 - Penalty Notice Court Election Not comply with order (comply with development consent) Environmental Planning and Assessment Act $0.00 At the first mention the Accused entered a guilty plea. By consent the Court adjourned the matter to 18 August 2009 to be heard concurrently with matter LP63/09, as it relates to the same business.

9. 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 ongoing Matters (as at 14/08/2009) 0 Total completed Matters (as at 14/08/2009) 0 Costs from 1 July 2009 for Advice Matters $0.00 10. Legal Costs Summary

The following summary lists the Planning and Environment Division’s net Legal Costs for the 2009/2010 period.

Relevant Attachments or Tables Costs Debit Costs Credit

Land and Environment Court Class 1 Appeals against Council's determination of Development Applications $14,924.15 $0.00

Land and Environment Court Class 1 Appeals against Orders or Notices issued by Council $0.00 $0.00

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


Land and Environment Court Class 5 Pollution and Planning prosecution matters $0.00 $0.00

Land and Environment Court Class 6 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 $10,060.00 $1,650.00

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

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

Costs Sub-Total $24,984.15 $0.00

Overall Net Costs Total (GST exclusive) $23,334.15


That the information be noted. Committee’s Recommendation: (Oates/Rowell) That the Officer's Recommendation be adopted. CARRIED Council Meeting 1 September 2009 (Kolkman/Oates) That the Officer's Recommendation be adopted. Council Resolution Minute Number 221 That the Officer's Recommendation be adopted.

Planning and Environment Committee Meeting 25 August 2009 14B4.2 Re-Establishment Of Alcohol Free Zones

4.2 Re-Establishment of Alcohol Free Zones

Reporting Officer


Attachments

Maps of Alcohol Free Zones (AFZ) in Airds, Ambarvale, Bradbury, Campbelltown, Ingleburn, Minto and Rosemeadow (distributed under separate cover)

Purpose

The purpose of this report is to submit to Council a proposal to renew seven Alcohol Free Zones that are due to expire on 24 December 2009.

History

The matter of the re-establishment of seven AFZs (Airds, Ambarvale, Bradbury, Campbelltown, Ingleburn, Minto and Rosemeadow) was reported to Council at its meeting on 14 April 2009 where the following was resolved: 1. That a notice be placed in a local paper inviting submissions from any person or group, of

Council’s intention to re-establish an Alcohol Free Zone over the streets and footpaths detailed in Attachment 1 to this report for the proposed Alcohol Free Zones of:

(a) Airds (for a four year period from 24 December 2009) (b) Ambarvale (for a four year period from 24 December 2009) (c) Bradbury (for a four year period from 24 December 2009) (d) Campbelltown (for a four year period from 24 December 2009) (e) Ingleburn (for a two year period from 24 December 2009) (f) Minto (for a two year period from 24 December 2009) (g) Rosemeadow (for a four year period from 24 December 2009)

2. That all submissions received during the exhibition period be reported to Council. 3. That should no submissions be received during the exhibition period advice be given that

Council intends to establish Alcohol Free Zones over the areas specified in Recommendation 1 above to:

(a) The Anti Discrimination Board; (b) The officer in charge of the Police Station nearest the zone; (c) The liquor licensees and secretaries of registered clubs whose premises border on or

adjoin or are adjacent to the proposed zone; and (d) Any known group that might be affected by the creation of the AFZ.


4. That should no submissions be received a further report be provided to Council on the re-

establishment of the Alcohol Free Zones specified in Recommendation 1 at the completion of the period for comment by the organisations/groups listed in the above recommendation.

The consultation required by the above recommendations has now been completed and this report is provided to Council to re-establish the AFZs at Airds, Ambarvale, Bradbury, Campbelltown, Ingleburn, Minto and Rosemeadow for the periods listed in Recommendation 1 above. It should be noted that the duration of the AFZ's in Recommendation 1 varies between zones in order to align the expiry dates of these zones with existing AFZs within Police Local Area Command (LAC) boundaries.

Report

In accordance with Council's previous resolutions, advertisements were placed in local newspapers on 28 and 29 April 2009 advising of Council's intention to re-establish the above zones and seeking comments from the public. As no comments were received and in accordance with the Ministerial Guidelines, Council wrote to the following organisations requesting written comment on the proposal:

• The Anti-Discrimination Board; • The Officer in Charge of the Campbelltown and Macquarie Fields Police Stations; • Liquor licensees and secretaries of registered clubs whose premises border on or

adjoin or are adjacent to the proposed zone; and • Any known group that might be affected by the creation of the AFZs.

Council received a written reply from the Anti-Discrimination Board on 1 July 2009 raising no concerns over Council’s intention to re-establish the above zones. Council did not receive comment from any other agency/organisation within the consultation period. Council is now in a position to declare the re-establishment of AFZs over the following streets and footpaths: Airds (for a four year period from 24 December 2009): Briar Road Byrne Way Carr Place Cardew Way Chevoit Place Creigan Road Coldenham Way Croft Place Dangar Way Deans Road Docharty Street Harrah Place Hartigan Way Karingal Place Nowland Way Riverside Drive (between Garrallan Place and Samuel Place) Romney Way


Ryeland Place Saxon Way Southdown Place St Johns Road (between Docharty Street and Briar Road) Summers Place Teeswater Place Ambarvale (for a four year period from 24 December 2009): Codlin St (between Jiniwin Place and Copperfield Drive) Copperfield Road (between Codlin Street and Woodhouse Drive) Jinwin Place Woodhouse Drive Bradbury (for a four year period from 24 December 2009): The Parkway (between Lawn Avenue and St Johns Road) Jacaranda Avenue (between Hoddle Avenue and St Johns Road) Karri Place Campbellfield Avenue (between Greenoaks Avenue and Jacaranda Avenue) St Johns Rd (between The Parkway and Jacaranda Avenue) Campbelltown (for a four year period from 24 December 2009): Allman Street (between Queen Street and Moore-Oxley Street) Anzac Lane Appey Lane Art Gallery Road Badgally Road (between Farrow Road and Johnson Road) Blaxland Road (500 metres either side of the intersection with Badgally Road) Bradbury Avenue (between Queen Street and Moore-Oxley By Pass) Broughton Street (between Hurley Street and Moore Oxley By Pass) Browne Street Bolger Street Bugden Place Camden Road (between Main Southern Railway and Moore-Oxley By Pass) Carberry Lane Centennial Drive Cordeaux Road (between Queen Street and Moore-Oxley By Pass) Coogan Lane Dumaresq Street (between Hurley Street the Moore-Oxley By Pass) Farrow Road Geary Street Gilchrist Drive (between Menangle Road and Therry Road) Howe Street Hurley Street Hyde Parade Koshigaya Park car park Kellicar Road Lithgow Street (between Queen Street and Moore-Oxley By Pass) Menangle Road (between Geary Street and Narellan Road) Moore Oxley By Pass (between Narellan Road and Broughton Street) Narellan Road (between Main Southern Railway and Moore Oxley By Pass)


Milgate Lane Patrick Street Parkside Crescent Parc Guell Drive Queen Street (between Chamberlain Street and Camden Road) Railway Street Short Street Tindall Street Unnamed lane 6.1w (Southern Side of Dumaresq Street)

Ingleburn (for a two year period from 24 December 2009): Boots Lane Cambridge Street Carlisle Street (between Cambridge Street and Suffolk Street) Cumberland Road (between Cambridge Street and Suffolk Street) Ingleburn Road (between St Macquarie Rd and Suffolk Street) Macquarie Road (between Ingleburn Road and Oxford Road) Nardoo Street (between Oxford Road and Suffolk Street) Norfolk Street Oxford Road (between Ingleburn Road and Lionel Street) Palmer Street (between Norfolk Street and Suffolk Street) Salford Street Suffolk Street Minto (for a two year period from 24 December 2009): Burrows Lane Erica Lane Kent Street (between Stafford Street and Redfern Road) Minto Road (between Stafford Street and Redfern Road) Pembroke Road (between Stafford Street and Redfern Road) Redfern Road Ruth Place Stafford Street Surrey Street (between Stafford Street and Redfern Road) Susan Place Unnamed lane 6.1w (between Erica Lane and Surrey Street) Unnamed lane 6.1w (between Ruth Place and Redfern Road) Rosemeadow (for a four year period from 24 December 2009): Copperfield Drive (between Cleopatra Drive and Anthony Drive) Fitzgibbon Lane (between Copperfield Drive and Appin Road) Thomas Rose Drive The starting date for the operation of the Zones must be specified at least seven days in advance, by publication in one or more newspapers circulating in the area. To satisfy this requirement, it is intended to advertise in the Macarthur Advertiser in November 2009, thereby enabling the zones to become effective from 24 December 2009.


These zones may be renewed in the future for terms of up to four years subject to justifying the need and compliance with the guidelines accompanying the legislation. The commencement and expiry dates for all existing Alcohol Free Zone signs will be updated prior to 24 December 2009. In addition a phone number of the appropriate Police Local Area Command will be added to the signs should members of the public require police assistance.


1. That Council re-establish Alcohol Free Zones over the streets, footpaths and car parks

detailed in Attachment 1 to this report for the proposed Alcohol Free Zones at:

a. Airds (for a four year period) b. Ambarvale (for a four year period) c. Bradbury (for a four year period) d. Campbelltown (for a four year period) e. Ingleburn (for a two year period) f. Minto (for a two year period) g. Rosemeadow (for a four year period)

2. That the Alcohol Free Zones in Recommendation 1 commence on 24 December 2009 and

that an advertisement advising of Council’s decision be placed in a local paper at least seven days in advance.

3. That the existing signs in these Alcohol Free Zones be updated to reflect the new

commencement and finishing dates of the Alcohol Free Zones and to include a contact phone number of the appropriate Police Local Area Command.

4. That the Alcohol Free Zones in Recommendation 1 be reviewed prior to the completion of

their establishment period. Committee’s Recommendation: (Rowell/Greiss) That the Officer's Recommendation be adopted. CARRIED Council Meeting 1 September 2009 (Kolkman/Oates) That the Officer's Recommendation be adopted. Council Resolution Minute Number 221 That the Officer's Recommendation be adopted.

Planning and Environment Committee Meeting 25 August 2009 15B4.3 Compliance Services Section Quarterly Activity Summary Report April To June 2009

4.3 Compliance Services Section Quarterly Activity Summary Report April to June 2009

Reporting Officer


Attachments

Compliance Services Quarterly Activity Summary Table.

Purpose

To provide Council with a quarterly report of activities for the Compliance Services Section. The report provides comment on key activity areas and significant statistical results for the reporting period.

Report

This report summarises key section activities and operational results for the reporting period April to June 2009. 1. Regulated Premises Inspections For ease of reporting, regulated premises inspection statistics presented in the Activity Summary Statistics Table in Attachment 1 are divided into Food and Public Health inspections. All regulated premises for food or public health are placed in a risk category. The frequency of annual inspections varies according to the risk classification. Additional inspections (i.e. reinspections) are sometimes undertaken when premises are found to be unsatisfactory and there is an identified need to follow up on outstanding matters.

a. Food Premises

Within Campbelltown there are approximately 609 regulated food premises across the 3 categories requiring 1344 scheduled inspections per annum. - Category 1 Premises (low risk - inspected once per year) – Catering (pre-

packaged), Variety Store (packaged food), Convenience Store/Service Station, Fruit and Vegetable Store, Grocery, Kiosk (pre packaged food), Health Food Store, Confectionary Store.

- Category 2 Premises (medium risk - inspected twice per year) – Bakery, Childcare

(high risk, high hazard foods handled, meals prepared), Delicatessen, Kiosk (food preparation), Supermarket, Juice Bar, Snack Truck.


- Category 3 Premises (high risk - inspected three times per year) – Café, Poultry,

Takeaway, Bistro, Restaurant, Hospitals/Institutions, Supermarket (multi preparation areas).

Food Premises Category No. of Premises No. of Annual Inspections Category 1 179 179 Category 2 125 250 Category 3 305 915 TOTAL 609 1344

The number of food premises inspections undertaken was below the quarterly average (289), with a total of 251 conducted for the reporting period. Of the 251 inspections undertaken, 29 (11%) food premise inspections were recorded as unsatisfactory. Follow up (reinspections) are undertaken where premises are found to be unsatisfactory at the time of initial inspection, to ensure they reach a satisfactory standard. In certain situations, Food Act Improvement Notices or Penalty Notices are issued when necessary to encourage compliance.

b. Public Health Regulated Premises

Within Campbelltown there are approximately 201 regulated premises across the 3 risk categories requiring 211 scheduled inspections per annum. - Category 1 Premises (inspected once per year) – Beauty Salons (low risk),

Boarding Houses, Funeral Parlours, Skin Penetration (low risk procedure, i.e. waxing), Hairdressers, Nail Artists, Solariums.

- Category 2 Premises (inspected twice per year) – Brothels, Skin Penetration (high

risk procedure - body piercing). - Category 3 Premises (inspected once per year) – Legionella Microbial Control (Air-

Conditioning Cooling Towers).

Health Premises Category No. of Premises No. of Annual Inspections

Category 1 135 135 Category 2 10 20 Category 3 56 56 TOTAL 201 211

The number of inspections undertaken during the period (as shown in Attachment 1) were below the quarterly average for the reporting period. Of the 29 regulated health premises inspections conducted during the reporting period, 10 (34%) of premises inspected were recorded as unsatisfactory. This uncharacteristically high result can be attributed to Council's nail artistry campaign which looked at improving the method of sterilising certain types of equipment commonly used within the beauty industry.


Follow up (reinspections) are undertaken where premises are found to be unsatisfactory at the time of initial inspection to ensure the premises reach a satisfactory standard.

2. Notices/Orders Issued Food Act Notices are usually issued where there is repeated failure by a proprietor to meet appropriate standards or where serious breaches are identified. A total of 2 Food Act Notices were issued during the reporting period, which compares to 6 Notices for the previous quarter. Local Government Act Notices and Orders are issued for a range of matters including overgrown, unhealthy, unsafe or unsightly conditions. The number of Local Government Act Notices and Orders issued during the reporting period was 147, which was more than the number (138) issued for the previous reporting period. The number of Swimming Pools Act Directions issued (10) requiring the erection of pool fencing or fencing repairs was less than the number of Directions (21) issued in the corresponding quarter in the previous year. Environmental Planning and Assessment Act Notices and Orders are issued by Land Use and Environmental Compliance staff, primarily to ensure that premises comply with conditions of development consent and to regulate unauthorised land use. A total of 61 Notices and Orders were served during the reporting period compared to 51 in the previous quarter. 3. Customer Service Requests The Compliance Services Section receives a significant number of customer service requests across a broad range of issues as represented in Attachment 1. A total of 686 customer service requests were received for the reporting period. Significant complaint categories were barking dogs (114 requests), dogs straying (56 requests), iIlegal construction/development (61 requests), Pollution (58 requests), Health (other) (73 requests), overgrown land (57 requests), abandoned motor vehicles (78 requests), and parking, (including heavy vehicles) (84 requests). 4. Applications Building Certificate Applications relate to certificates issued under section 149A of the Environmental Planning and Assessment Act and provide assurance to applicants upon issue that Council will not take action to require the demolition or upgrade of the respective structure for a period of 7 years after the date of issue of the certificate. These certificates are generally sought upon sale of property. The number of Building Certificate Applications (30) received during the reporting period was below quarterly averages (i.e. average of 35/quarter) received during 2007/8 and 2008/9. 5. Impounding Dog impounding statistics were relatively consistent throughout the reporting period with a total of 684 dogs impounded.341 (49%) of dogs impounded had been micro-chipped at the time they were impounded. Three hundred and twenty five cats were impounded throughout the reporting period being more than for the previous reporting period which is consistent with seasonal trends. Twenty five cats (7%) had been mircochipped at the time they were impounded.


The number of abandoned vehicles impounded for this quarter was 11. Of these,10 were disposed of and 1 vehicle was released back to its owner. Council is not currently holding any abandoned vehicles.

6. Penalty Notices The Compliance Services Section issues a range of penalty notices relating to various matters including parking offences (on street, Council car parks, school zones), companion animal registration, dog straying, littering, fail to comply with orders, food safety and fail to obtain or comply with development consent. The number of penalty notices for parking offences issued for Council carparks increased in comparison with the prior quarter to 282. The number issued for on-street offences was consistent with results for the previous quarter (435). Penalty Notices for Companion Animal Act offences were higher for the quarter (310). 7. Compliance/Education Programs Compliance programs are an integral component of the Section's activities and represent a coordinated proactive approach to targeting specific community concerns. Resources are deployed strategically on a local or citywide basis as an alternative to addressing complaints on an individual basis. A summary of Compliance Programs undertaken during the report period follows:

a. Illegal Parking in School Zones

The safe conduct of motorists within school zones is of paramount importance to ensure the welfare and safety of school children and other pedestrians during school starting and finishing times. Rangers visit various schools to promote the program to school principals/staff, parents and guardians, providing information on the types of parking offences that may occur within the school zones and the penalty amounts that may apply. This is then followed up with parking enforcement patrols whereby penalty notices are issued to vehicles that unlawfully park in school zones. During the reporting period, fifty three (53), school locations were patrolled resulting in the issue of 129 penalty notices.

b. Illegal Trail Bike Riding

The principal purpose of the program is to enforce the provisions of the Local Government Act and the Noise Control Regulation in respect to the use of motor vehicles; particularly trail bikes on reserves and public land, and to assist Police detect and recover stolen vehicles. During the reporting period 1 joint patrol with police was undertaken resulting in 3 bikes being seized, 35 penalty notices issued, 3 charges laid with 4 cautions issued.


A number of single agency (Council) patrols were undertaken in response to the 19 complaints received during the reporting period. c. Litter from Vehicles

Litter thrown from vehicles is a major source of pollution. A significant amount of this litter enters the stormwater system thereby polluting waterways. The "Litter from Vehicles Compliance Program" aims to educate the community about the adverse effects that littering such as food wrappers, plastic containers and cigarette butts have on the environment and the penalties that may be incurred to those who offend. Compliance Unit staff undertake specialist patrols observing motorist behaviour along principal traffic routes within the City. Penalty Notices are issued to the registered owners of motor vehicles where litter is observed being discarded from the vehicle by a motorist or passenger. For the reporting period 1 operation was undertaken. During this period 8 penalty notices for littering were issued. Included in this figure are the number of penalty notices issued based upon independent staff observations and other Ranger patrols.

d. Truck Parking

Council Rangers regularly conduct parking patrols across the Campbelltown Local Government Area in relation to complaints from members of the public regarding large trucks parked on residential streets. Twenty-three (23) complaints were received during the reporting period. Trucks parked on residential streets raise concerns regarding traffic and pedestrian safety and also neighbourhood amenity. This program usually is conducted after hours to detect illegally parked vehicles. Upon receiving a truck parking complaint, wherever possible a courtesy letter is sent to the truck owner advising them of truck parking offences. This approach has resulted in a dramatic improvement in truck parking behaviour. Rangers then proceed to conduct at least 3 separate patrols to determine compliance. Locations of repeat offences are randomly patrolled to encourage continued compliance. Truck parking patrols are undertaken to detect parking offences such as park on path or strip and park in excess of time limit. Trucks are not permitted to park on the street in a built up residential area for a continuous period of longer than 1 hour. Four truck parking patrols were undertaken during the reporting period resulting in the issue of 42 parking penalty notices. e. Shopping Trolleys Although the problem of abandoned trolleys is not unique to Campbelltown, it is perhaps more prominent due to the relatively higher prevalence of residents who rely heavily upon walking their purchased retail goods to transport interchanges or to home. This contributes significantly to the abandonment of trolleys in local streets, parks and public transport interchanges at major CBDs and other retail areas.


In response to these concerns, Council commenced and Abandoned Shopping Trolley Compliance Program in January 2003, to address this problem. In consultation with agencies from the retail sector that had an interest in shopping trolleys, zones were identified around each of the major retail shopping centres within the LGA whereby retailers were expected to proactively patrol local streets within the zones on a regular basis to collect trolleys.

As part of this program, Council Rangers conduct operations patrolling these zones, where they identify, tag and impound abandoned shopping trolleys. The initial stage of this process is undertaken through the use of an orange identification sticker placed on an unattended trolley. The location is recorded and a Council Ranger returns to the location a minimum of 4 hrs later. Should the trolley still be observed at the same location it is impounded. The trolley owner is notified and the trolley impounded for twenty eight (28) days. A release fee applies to all impounded trolleys. Should the trolley not be released and/or claimed it is disposed of through a local metal recycler. An invoice for the impounding, holding and disposal of the trolley is sent to the owner. When trolleys are reported to Council or identified outside of the zones, Rangers fax to the retailer, trolley collection agency and trolley tracker the location of the trolley with the expectation that it be removed within 48 hours. If the trolley is not collected within this time frame, Rangers impound the trolley and notify the trolley owner. This program has resulted in the impounding of 3 trolleys during the reporting period. f. Illegal Sign Statistics

A summary of sign statistics for the quarter can be located in Attachment 1.

8. Other Activities A summary of other activities or initiatives implemented within the reporting period are listed below: • Council continues to conduct surveillance of construction sites for sediment and erosion

control compliance. • A Section 68 (Local Government Act) Approval was issued for the "Pooches in the Park"

Event. • Continued participation in an inter-divisional working group to develop improved

procedures for approval and enforcement associated with occupancy of Council land (i.e. Road Occupancy, Work Zones and Standing Plant)

• Continued participation in an inter-Divisional working group to develop improved

procedures and coordination across Council for maintaining restricted access to parks and reserves.

• Continued participation in an inter-Divisional working group to develop improved

procedures and coordination in respect of assessing applications to conduct non-Council events on Council land. A draft workflow for the event approval process has been developed.


• A revised "Wastewater Management Strategy" was placed on public exhibition and

adopted by Council. Procedures and standard documentation was prepared for Strategy implementation.

• Patrols (by way of formalised agreement) of disabled parking at Campbelltown Mall

continued through the reporting period. • Council's annual program of inspecting registered cooling towers was conducted. • "Pooches in the Park" Companion Animal Management promotional event was held. • Submission forwarded to Department of Local Government regarding the Swimming

Pools Act Review.


That the information be noted. Committee’s Recommendation: (Bourke/Rowell) That the Officer's Recommendation be adopted. CARRIED Council Meeting 1 September 2009 (Kolkman/Oates) That the Officer's Recommendation be adopted. Council Resolution Minute Number 221 That the Officer's Recommendation be adopted.


ATTACHMENT 1 Compliance Quarterly Activity Summary Statistics

2008/09 Quarter Result Activity

1 2 3 4 YTD

Inspections Food 319 242 170 251 982 Public Health 49 43 46 29 167

Total 368 285 216 280 1149 Notices/Orders Issued Food Act 11 10 6 2 29 Local Government Act 91 165 138 147 541 Swimming Pools Act 10 15 18 10 53 Protection of Environment Operations Act 8 9 10 5 32 Environmental Planning and Assessment Act 92 60 51 61 264 Companion Animals Act 26 9 2 9 46

Total 238 268 225 234 965 Customer Requests Abandoned Motor Vehicles 45 67 49 78 239 Animals (other) 18 10 17 20 65 Barking Dogs 122 97 105 114 438 Dog Attacks 30 28 32 18 108 Dog Straying 59 38 69 56 222 Food/Health (regulated) 0 1 1 1 3 Footpath Obstruction 10 17 19 13 59 Health (other) 76 68 71 73 288 Heavy Vehicle Parking 32 19 24 23 98 Illegal Construction/Development 73 51 51 61 236 Overgrown Land 28 64 66 57 215 Parking (General) 73 67 78 61 279 Pollution 71 71 51 58 251 Rubbish Dumping/Litter 49 44 44 19 156 Trail Bikes 33 19 17 19 88 Tree Removal/Dangerous 13 7 3 15 38

Total 732 668 697 686 2783


Compliance Quarterly Activity Summary Statistics

2008/09 Quarter Result Activity

1 2 3 4 YTD

Applications Building Certificates 27 39 28 30 124 Impounding Dogs 710 468 510 684 2372 Cats 194 243 320 325 1082 Abandoned Vehicles 6 9 9 10 34 Shopping Trolleys 60 2 12 3 77 Signs 10 84 31 0 125

Total 980 806 882 1022 3690 Penalty Infringement Notices Companion Animals 321 223 182 310 1036 Environmental - includes litter and waste dumping 28 42 22 28 120 General - includes Public Health and Food Safety 11 26 15 26 78 Land Use 25 14 9 2 50 Parking (car parks) 616 488 212 282 1598 Parking (on street) 647 793 442 435 2317

Total 1648 1586 882 1083 5199 Signs Complaints - Council property 3 10 6 1 20

Complaints - private property 0 1 0 0 1 Letters sent 3 1 0 0 4 Cautions issued 0 2 0 0 2 Fines issued 0 0 0 0 0 Removed 0 0 0 461 461

Total 6 14 6 462 488

Planning and Environment Committee Meeting 25 August 2009 16b5.1 Tree Clearing Incident

5. GENERAL BUSINESS

5.1 Tree Clearing Incident Committee’s Recommendation: (Bourke/Rowell) That a report be presented to the Special Finance Committee on Tuesday 1 September 2009 concerning a significant tree clearing incident which has occurred in recent weeks. CARRIED Council Meeting 1 September 2009 (Kolkman/Oates) That the Committee's Recommendation be adopted. Council Resolution Minute Number 221 That the Committee's Recommendation be adopted. Confidentiality Motion: (Greiss/Oates) Due to the confidential nature of the business and the Committee's opinion that the public proceedings of the Committee would be prejudicial to the public interest, the Committee in accordance with Section 10 of the Local Government Act 1993 resolves to exclude the public from the meeting during discussions on this item. CARRIED

10. CONFIDENTIAL ITEMS

10.1 Confidential Information Relating to Various Items on Planning and Environment Agenda 25 August 2009

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

R Kolkman CHAIRPERSON

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