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8 MARCH 2016
Maitland City Council | Ordinary Meeting Minutes Pii
TABLE OF CONTENTS
ITEM SUBJECT PAGE NO
1 INVOCATION ........................................................................... 1
2 ACKNOWLEDGEMENT OF COUNTRY ..................................... 1
3 APOLOGIES AND LEAVE OF ABSENCE ................................... 1
4 DECLARATIONS OF INTEREST ................................................ 1
5 CONFIRMATION OF MINUTES OF PREVIOUS MEETING ....... 1
6 BUSINESS ARISING FROM MINUTES ..................................... 2
7 MAYORAL MINUTE ................................................................. 2
8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE
ITEMS OF BUSINESS ................................................................ 2
9 PUBLIC ACCESS ....................................................................... 2
10 GENERAL MANAGER'S REPORTS ........................................... 4
10.1 TOWARDS NEW LOCAL GOVERNMENT LEGISLATION -
PROPOSED PHASE 1 AMENDMENTS TO THE NSW LOCAL
GOVERNMENT ACT 1993 ............................................................... 4
10.2 MAITLAND DUNGOG MERGER PROPOSAL .................................. 6
11 PLANNING, ENVIRONMENT AND LIFESTYLE REPORTS ....... 8
11.1 DA 15-2167 DEMOLITION OF THREE (3) BUILDINGS &
CONSTRUCTION OF A NEW BUILDING/STRUCTURE - RIVER
LINK BUILDING - LOTS 8, 9 & 10 DP 1044531, NOS. 396 -
400 HIGH STREET MAITLAND RECOMMENDATION:
APPROVAL ..................................................................................... 8
11.2 DA 15-1936 - MULTI-DWELLING HOUSING - 5 X 3
BEDROOM SINGLE STOREY DETACHED DWELLINGS - LOT
1 DP 516057, 20 EURIMBLA STREET THORNTON
RECOMMENDATION: APPROVAL ............................................... 17
11.3 DA 91-117 SECTION 96(2) MODIFICATION FOR MOUNT
VINCENT WASTE MANAGEMENT CENTRE - LOT 220
8 MARCH 2016
Maitland City Council | Ordinary Meeting Minutes Piii
DP755237 MT VINCENT ROAD, EAST MAITLAND
RECOMMENDATION: APPROVAL ............................................... 29
11.4 DA 14-486 - SECTION 96(1) TO AMEND REAR FENCE
DETAILS - LOT 1 DP319748 & LOT 1 DP168111, 307 HIGH
STREET, MAITLAND RECOMMENDATION: APPROVAL .............. 31
11.5 DA 14-2276 SECTION 96 MODIFICATION TO AMEND
SUBDIVSION LAYOUT, STAGING AND DRAINAGE - LOTS
102 & 103 DP 1208978 & LOT 13 DP 1208290, NO. 281
MORPETH ROAD RAWORTH RECOMMENDATION:
APPROVAL ................................................................................... 41
11.6 PLANNING PROPOSAL TO REZONE LAND AT 30 SWAN
STREET, MORPETH FROM RU1 PRIMARY PRODUCTION TO
R1 GENERAL RESIDENTIAL AND E2 ENVIRONMENTAL
CONSERVATION APPLICANT - PULVER COOPER AND
BLACKLEY .................................................................................... 45
12 INFRASTRUCTURE AND WORKS REPORTS .......................... 48
12.1 STEAMFEST 2016 - TEMPORARY ROAD CLOSURES .................... 48
13 ADMINISTRATION AND GOVERNANCE REPORTS .............. 50
NIL
14 STRATEGY AND PERFORMANCE REPORTS .......................... 50
NIL
15 MAJOR PROJECTS REPORTS .................................................. 50
NIL
16 HUMAN RESOURCES REPORTS ............................................ 50
NIL
17 ITEMS FOR INFORMATION ................................................... 51
17.1 LOCAL TRAFFIC COMMITTEE MEETING NOVEMBER 2015 &
DECEMBER 2015 MINUTES .......................................................... 51
17.2 AGL ENERGY LIMITED (AGL) GLOUCESTER TO TOMAGO
GAS PIPELINE PROJECT ............................................................... 52
18 NOTICES OF MOTION/RESCISSION ..................................... 53
18.1 MAITLAND PARK PUBLIC TOILETS ............................................. 53
8 MARCH 2016
Maitland City Council | Ordinary Meeting Minutes Piv
19 QUESTIONS WITH NOTICE ................................................... 54
20 URGENT BUSINESS ............................................................... 54
21 COMMITTEE OF THE WHOLE ................................................ 54
22 COMMITTEE OF THE WHOLE RECOMMENDATIONS ........... 54
23 CLOSURE ................................................................................ 54
8 MARCH 2016
Maitland City Council | Ordinary Meeting Minutes P1
PRESENT Clr Loretta Baker
Clr Peter Blackmore
Clr Brian Burke
Clr Peter Garnham
Clr Bob Geoghegan
Clr Arch Humphery
Clr Henry Meskauskas
Clr Nicole Penfold
Clr Philip Penfold
Clr Steve Procter
Clr Ken Wethered
Clr Ben Whiting
1 INVOCATION
The General Manager, David Evans read the customary prayer at the
commencement of the meeting.
2 ACKNOWLEDGEMENT OF COUNTRY
Clr B Whiting read the Acknowledgement of Country
3 APOLOGIES AND LEAVE OF ABSENCE
3.1 Applications for leave of absence:
Clr R Aitchison was granted leave from this meeting at 23 February 2016 meeting.
Clr A Humphery for the meeting scheduled for 22 March 2016.
COUNCIL RESOLUTION
THAT the leave of absence for Clr A Humphery be granted.
Moved Clr P Garnham, Seconded Clr B Whiting
CARRIED
4 DECLARATIONS OF INTEREST
Nil
5 CONFIRMATION OF MINUTES OF PREVIOUS MEETING
8 MARCH 2016
Maitland City Council | Ordinary Meeting Minutes P2
COUNCIL RESOLUTION
THAT the minutes of the Ordinary Meeting held 23 February 2016 be confirmed.
Moved Clr A Humphery, Seconded Clr K Wethered
CARRIED
6 BUSINESS ARISING FROM MINUTES
Nil
7 MAYORAL MINUTE
Nil
8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS
OF BUSINESS
Withdrawal of Item 11.3 DA 91-117 Section 96(2) Modification for Mount Vincent
Waste Management Centre - Lot 220 DP755237 Mt Vincent Road, East Maitland
as Council Officers need to confirm matters associated with traffic access into the
site.
Acceptance of Late Item 10.2 Maitland Dungog Merger Proposal
COUNCIL RESOLUTION
THAT Council accept the Withdrawal of Item 11.3 and accept the Late Item
10.2.
Moved Clr S Procter, Seconded Clr P Garnham
9 PUBLIC ACCESS
Diana Levoi representing herself, Mrs parish, Kelso & Davey families spoke
against Item 11.2 - DA 15-1936 - Multi-Dwelling Housing - 5 X 3 Bedroom Single
Storey Detached Dwellings - Lot 1 DP 516057, 20 Eurimbla Street Thornton
Allen Reece representing himself spoke against Item 11.6 - Planning Proposal
to rezone land at 30 Swan Street, Morpeth from RU1 Primary Production to R1
General Residential and E2 Environmental Conservation
COUNCIL RESOLUTION
8 MARCH 2016
Maitland City Council | Ordinary Meeting Minutes P3
THAT an extension of one (1) minutes be granted to Allen Reece.
Moved Clr P Penfold, Seconded Clr L Baker CARRIED
Brad Lantry representing himself spoke for Item 11.6 - Planning Proposal to
rezone land at 30 Swan Street, Morpeth from RU1 Primary Production to R1
General Residential and E2 Environmental Conservation
8 MARCH 2016
Maitland City Council | Ordinary Meeting Minutes P4
10 GENERAL MANAGER'S REPORTS
10.1 TOWARDS NEW LOCAL GOVERNMENT LEGISLATION - PROPOSED
PHASE 1 AMENDMENTS TO THE NSW LOCAL GOVERNMENT ACT 1993
FILE NO: 35/80
ATTACHMENTS: 1. Towards New Local Government Legislation -
Explanatory Paper: proposed Phase 1
amendments
RESPONSIBLE OFFICER: David Evans - General Manager
AUTHOR: David Evans - General Manager
MAITLAND +10 Outcome 19. A sustainable Council for a sustainable
City
COUNCIL OBJECTIVE: 19.1.1 To ensure the principles of sustainability
underpin Council’s financial, economic, social and
environmental decision-making
EXECUTIVE SUMMARY
This report presents an overview of the NSW Government’s proposed ‘Phase 1’
amendments to the NSW Local Government Act 1993. The proposed amendments are the
first step towards a revised local government legislation for NSW, and are part of the State
Government’s wider local government reform agenda ‘Fit for the Future’. The proposed
amendments have been released for community comment and feedback, with public
submissions closing on 15 March 2016. This report provides the basis for a submission by
Council.
The information provided in this report is taken from the State Government’s ‘Fit for the
Future’ website and the publication by the NSW Office of Local Government ‘Towards New
Local Government Legislation Explanatory Paper: proposed Phase 1 amendments’.
OFFICER’S RECOMMENDATION
THAT
1. Council express its support for the current and ongoing review and
amendment of the NSW Local Government Act 1993; and
2. Council forward a submission in relation to the proposed ‘Phase 1’
amendments to the Act, in the terms outlined in this report.
COUNCIL RESOLUTION
THAT
8 MARCH 2016
Maitland City Council | Ordinary Meeting Minutes P5
1. Council express its support for the current and ongoing review and
amendment of the NSW Local Government Act 1993; and
2. Council forward a submission in relation to the proposed ‘Phase 1’
amendments to the Act, in the terms outlined in this report.
Moved Clr B Geoghegan, Seconded Clr B Whiting
CARRIED
8 MARCH 2016
Maitland City Council | Ordinary Meeting Minutes P6
10.2 MAITLAND DUNGOG MERGER PROPOSAL
FILE NO: 35/80
ATTACHMENTS: 1. Letters from the Hon. Paul Toole MP
2. Email from Dr Ian Tiley, Delegate
3. Extract Local Government Act, Section 263
4. Revised Merger Business Case - Maitland &
Dungog Councils
RESPONSIBLE OFFICER: David Evans - General Manager
AUTHOR: David Evans - General Manager
MAITLAND +10 Outcome 19. A sustainable Council for a sustainable
City
COUNCIL OBJECTIVE: 19.1.1 To ensure the principles of sustainability
underpin Council’s financial, economic, social and
environmental decision-making
EXECUTIVE SUMMARY
Council has been formally advised that the Minister for Local Government, the Hon. Paul
Toole MP, has made a proposal to amalgamate the existing areas of Dungog and Maitland
into one new area. The proposal arises consequent to a decision by Gloucester Shire
Council to propose an amalgamation of Gloucester, Great Lakes and Taree councils, and
has been referred by the Minister to the Acting Chief Executive of the NSW Office of Local
Government for examination in accordance with the NSW Local Government Act.
This report provides formal notice to Council of the proposal, and presents the revised
merger business case for Maitland and Dungog councils prepared by Morrison Low, dated
November 2015, for the information of Council and the wider community.
The revised merger business case is presented to facilitate informed discussion of the now
formally proposed merger.
OFFICER’S RECOMMENDATION
THAT
1. Council conduct a councillor briefing and workshop on Tuesday, 15 March
2016 to consider:
i) The context of the referral of the Maitland/Dungog merger proposal for
examination;
ii) All aspects of the merger proposal; and
iii) The principles to underpin Council’s submission to the merger inquiry;
8 MARCH 2016
Maitland City Council | Ordinary Meeting Minutes P7
2. The Maitland/Dungog merger business case documentation be placed on
Council’s website and promoted via Council’s various media platforms to
facilitate informed consideration of the merger proposal by the wider
community;
3. Members of the community wishing to make submissions on the merger
proposal be directed to the NSW Government website
www.councilboundaryreview.nsw.gov.au; and
4. Further information on the timeline for the inquiry be provided to Council
and the community when available.
Note: This Late Item was accepted as per Item 8
COUNCIL RESOLUTION
THAT
1. Council conduct a councillor briefing and workshop on Tuesday, 15 March
2016 to consider:
i) The context of the referral of the Maitland/Dungog merger proposal for
examination;
ii) All aspects of the merger proposal; and
iii) The principles to underpin Council’s submission to the merger inquiry;
2. The Maitland/Dungog merger business case documentation be placed on
Council’s website and promoted via Council’s various media platforms to
facilitate informed consideration of the merger proposal by the wider
community;
3. Members of the community wishing to make submissions on the merger
proposal be directed to the NSW Government website
www.councilboundaryreview.nsw.gov.au; and
4. Further information on the timeline for the inquiry be provided to Council
and the community when available.
Moved Clr S Procter, Seconded Clr B Whiting
CARRIED
8 MARCH 2016
Maitland City Council | Ordinary Meeting Minutes P8
11 PLANNING, ENVIRONMENT AND LIFESTYLE REPORTS
11.1 DA 15-2167 DEMOLITION OF THREE (3) BUILDINGS & CONSTRUCTION
OF A NEW BUILDING/STRUCTURE - RIVER LINK BUILDING - LOTS 8, 9 &
10 DP 1044531, NOS. 396 - 400 HIGH STREET MAITLAND
RECOMMENDATION: APPROVAL
FILE NO: DA 15-2167
ATTACHMENTS: 1. Locality Plan
2. Development Plans
RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,
Environment & Lifestyle
David Simm - Manager Development & Environment
Leanne Harris - Development Assessment Coordinator
AUTHOR: Anne Moore - Contract Planner
APPLICANT: Maitland City Council
OWNER: No. 396 High Street – Maitland City Council
No. 398 High Street – Impaler Pty Ltd
No. 400 High Street – Babylon Trust
PROPOSAL: Demolition of three (3) buildings and construction of a
new building/structure – River Link Building
LOCATION: Nos. 396 – 400 High Street Maitland
ZONE: B4 Mixed Use
EXECUTIVE SUMMARY
The purpose of this report is to provide Council with an assessment of the demolition of
existing buildings on site and erection of a new building commonly referred to as the River
Link Building to enable determination of the development application. Development
consent is being sought for demolition of three (3) existing buildings on site and
construction of a new building comprising a café/wine bar and public amenities whilst
providing a covered walkway from High Street to the River Walkway. The subject site is
currently occupied by three (3) commercial buildings that are used for a variety of retail or
commercial purposes, including an office for the levee project.
The application was notified and advertised from 8 October 2015 to 22 October 2015 and
no submissions were received.
The application has been assessed against the requirements of Section 79C of the
Environmental Planning and Assessment Act 1979 and is considered satisfactory.
Accordingly, it is recommended the application be approved.
8 MARCH 2016
Maitland City Council | Ordinary Meeting Minutes P9
OFFICER’S RECOMMENDATION
THAT
1. THAT Development Application No. 15 - 2167 being for demolition of three (3)
buildings and erection of a new building/ structure at Lots 8, 9 & 10 DP
1044531 Nos. 396 – 400 High Street Maitland be approved subject to the
conditions set out in the attached schedule.
COUNCIL RESOLUTION
THAT
1. THAT Development Application No. 15 - 2167 being for demolition of three (3)
buildings and erection of a new building/ structure at Lots 8, 9 & 10 DP
1044531 Nos. 396 – 400 High Street Maitland be approved subject to the
conditions set out in the attached schedule.
Moved Clr P Penfold, Seconded Clr B Burke
CARRIED
The Mayor in accordance with Section 375A of the Local Government Act 1993 called
for a division.
The division resulted in 12 for and 0 against, as follows:
For: Clr L Baker Against:
Clr P Blackmore
Clr B Burke
Clr P Garnham
Clr B Geoghegan
Clr A Humphery
Clr H Meskauskas
Clr N Penfold
Clr P Penfold
Clr S Procter
Clr K Wethered
Clr B Whiting
8 MARCH 2016
Maitland City Council | Ordinary Meeting Minutes P10
SCHEDULE OF CONDITIONS
Reason for Condition(s)
The following condition(s) have been applied to the development, subject of this consent,
to ensure that the development meets the requirements of the NSW Environmental
Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment
Regulation 2000, and the various policies and development controls of Maitland City
Council and other government agencies relevant to the development being undertaken.
APPROVED PLANS AND DOCUMENTATION
1. The development shall be carried out in accordance with the stamped approved plans
and documentation as detailed in the following schedule and any amendments arising
through conditions to this consent or as shown in red colour on the plans:
Plan Ref No. Sheet
No.
Revn
No.
Revision
Date
Prepared by:
(consultant)
DA003 Issue C 06.08.15 CHROFI
DA100 Issue G 15.12.15 CHROFI
DA101 Issue C 06.08.15 CHROFI
DA102 Issue C 06.08.15 CHROFI
DA200 Issue C 06.08.15 CHROFI
DA201 Issue C 06.08.15 CHROFI
DA202 Issue G 15.12.15 CHROFI
DA203 Issue F 27.11.15 CHROFI
DA403 Issue C 06.08.15 CHROFI
DA 401 Issue C 06.08.15 CHROFI
CERTIFICATES
2. The applicant shall submit to Council a “Notice of Commencement” form at least two
(2) days prior to the commencement of construction works.
3. Prior to the commencement of works an application for a Construction Certificate
shall be submitted to, and be approved by, the Accredited Certifier.
4. Prior to the issue of an Occupation Certificate all conditions of development consent
shall be complied with.
5. Prior to occupation of the building an Occupation Certificate shall be issued by the
Principal Certifying Authority.
8 MARCH 2016
Maitland City Council | Ordinary Meeting Minutes P11
6. Prior to issue of the Construction Certificate, a Compliance Certificate under Section
50 of the Hunter Water Act 1991 for this development, shall be submitted to the
Accredited Certifier.
LANDSCAPING
7. All landscaped areas of the development shall be maintained in accordance with the
approved landscape plan. The landscaped areas shall be kept free of parked vehicles,
stored goods, waste material, and the like.
STORMWATER DRAINAGE
8. Prior to issue of the Construction Certificate, the construction details in accordance
with Council’s Manual of Engineering Standards shall be provided for the following
stormwater requirements:
a) an emergency overland flow path for major storm events, that is directed to the
public drainage system, and
b) conveyance, where necessary, of stormwater through the site from upstream
catchments, (including roads and adjoining properties).
9. Prior to Occupation or Operation of the development, a Stormwater System
Maintenance Procedure Plan shall be prepared by an engineer, detailing a regular
maintenance programme for pollution control devices, covering inspection, cleaning
and waste disposal, a copy of which shall be supplied to the owner/operator and to
Maitland City Council for supply of future owners as needed.
10. Prior to issue of the Occupation Certificate, the stormwater-control system shall be
constructed in accordance with the approved stormwater drainage plan. A qualified
engineer shall supply written certification to the PCA and Council that the constructed
system including detention volume and discharge rates achieve the consent
requirements for detention.
EROSION CONTROLS
11. The property shall be protected against soil erosion, such that sediment is not carried
from the construction site by the action of stormwater, wind or “vehicle tracking”.
BUILDING CONSTRUCTION
12. All building work shall be carried out in accordance with the provisions of the Building
Code of Australia.
8 MARCH 2016
Maitland City Council | Ordinary Meeting Minutes P12
13. All excavations and backfilling shall be executed safely, in accordance with appropriate
professional standards and shall be properly guarded and protected to prevent the
works from being dangerous to life or property.
14. Unless otherwise approved by Council in writing, all general building work shall be
carried out between the hours of:
a. 7.00am to 6.00pm Monday to Friday
b. 7.00am to 5.00pm Saturday
Any work performed on Sunday’s or Public Holidays that may cause offensive noise,
as defined under the Protection of the Environment Operations Act, is prohibited.
Minor works (such as hand sanding, painting, digging and the like) is permitted
between the hours of 9.00am to 5.00pm. Power operated tools are not permitted
to be used.
SERVICES & EQUIPMENT
15. Upon completion of the building BUT prior to its occupation, a Final Fire Safety
Certificate with respect to each critical and essential fire safety measure installed in
the building shall be submitted to Council. Such certificates shall be prepared in
accordance with Division 4 of Part 9 of the Environmental Planning and Assessment
Regulation, 2000.
16. A copy of the Fire Safety Schedule and Fire Safety Certificate shall be prominently
displayed in the building in accordance with Division 4 of Part 9 of the Environmental
Planning and Assessment Regulation 2000.
17. A Fire Safety Statement in respect of each required essential and/or critical fire safety
measure installed within the building shall be submitted to Council and the NSW Fire
Commissioner annually (or at a more frequent interval for supplementary
statements).
Statements shall be prepared and issued in accordance with Division 5 of Part 9 of
the Environmental Planning and Assessment Regulation, 2000. Note that monetary
penalties may apply for failure to lodge a fire safety statement within the
prescribed timeframe.
Statements to the NSW Fire Commissioner are to be submitted electronically to
Standard forms and further information for lodging Fire Safety Statements may be
downloaded from Councils website.
HERITAGE
18. Should any historical relics be unexpectedly discovered in any areas of the site not
subject to an excavation permit, then all excavation or disturbance to the area is to
stop immediately and Maitland City Council and the Heritage Council of NSW should
be informed in accordance with Section 146 of the Heritage Act 1977 and also the
8 MARCH 2016
Maitland City Council | Ordinary Meeting Minutes P13
(NPWS) is to be informed in accordance with Section 91 of the National Parks and
Wildlife Act, 1974.
MATERIALS
19. Prior to issue of a Construction Certificate, a palate of materials and finishes to be
used in association with this proposed Riverlink building and structure is to be
submitted to and approved by Council and being compatible with surrounding
buildings within this Heritage Conservation Area.
20. Mortar application shall be flush, not raked.
SITE CONSIDERATIONS
21. All excavated and/or filled areas are to be retained or battered and suitably drained
so as to prevent any subsidence of the area and constructed so as to deny any flow of
water into or around the building or neighbouring buildings or onto neighbouring
land.
Where a retaining wall is planned for this purpose and such wall requires consent
(refer to State Environmental Planning Policy -Exempt and Complying Development
Codes, 2008) plans and specifications of the wall shall be approved by Council
and/or an accredited certifier.
Note: The submission of a separate Development Application is not required for a
retaining wall associated with this approval and indicated on the approved plans.
22. If an excavation extends below the level of the base of the footings of a
building/structure on an adjoining allotment of land, the person causing the
excavation to be made.
i) Must preserve and protect the building/structure from damage, and
ii) If necessary, must underpin and support the building/structure in an
approved manner, and
iii) Must, at least 7 days before excavating below the level of the base of the
footings of a building/structure on an adjoining allotment of land, give notice
of intention to do so to the owner of the adjoining allotment of land and
furnish particulars of the excavation to the owner of the building/structure
being erected or demolished.
The owner of the adjoining allotment of land is not liable for any part of the cost of
work carried out for the purposes of this condition, whether carried out on the
allotment of land being excavated or on the adjoining allotment of land. (Includes a
public road and any other public place).
23. Rubbish generated from the development is to be suitably contained on site at all
times. No rubbish shall be stockpiled in a manner which facilitates the rubbish to be
blown off site.
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Maitland City Council | Ordinary Meeting Minutes P14
24. If the work:
i) is likely to cause pedestrian or vehicular traffic in a public place to be
obstructed or rendered inconvenient, or
ii) involves the enclosure of a public place
a hoarding or fence must be erected between the work site and the public place.
If necessary, an awning is to be erected, sufficient to prevent any substance from,
or in connection with, the work falling into the public place.
The work site must be kept lit between sunset and sunrise if it is likely to be
hazardous to persons in the public place. Any such hoarding, fence or awning is to
be removed when the work has been completed.
25. A sign must be erected in a prominent position on the work:
i) stating that unauthorised entry to work site is prohibited, and
ii) showing the name of the person in charge of the work site and a telephone
number at which that person may be contacted during work hours.
Any such sign is to be removed when the work has been completed.
Note: This condition does not apply to:
i) building work carried out inside an existing building, or
ii) building work carried out on premises that are to be occupied continuously
(both during and outside working hours) while the work is being carried out.
26. Approved toilet facilities are to be provided, at or in the vicinity of the work site at the
rate of one toilet for every 20 persons or part of 20 persons employed at the site. The
provision of toilet facilities in accordance with this Clause must be completed before
any other work is commenced.
27. The site is to be cleared of all building refuse and spoil immediately after completion
of the building/structure.
28. No building materials, refuse or spoil is to be deposited on or be allowed to remain on
Council's footpath.
29. Suitable and adequate measures are to be applied to restrict public access to the site
and building works, materials and equipment.
STANDARDS FOR CONSTRUCTION, FACILITIES & EQUIPMENT
30. The premises, including the construction and installation of equipment, fixtures and
fittings must comply with the requirements of the Food act 2003, Food Regulation
2004, Food Standards Code and Australian Standard 4674 for the Design,
Construction and Fit out of Food Premises.
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Maitland City Council | Ordinary Meeting Minutes P15
If Council is nominated as the principal Certifying Authority, details of compliance are
to be included in the plans and specifications for the construction certificate.
Where Council is not nominated as the Principal Certifying Authority a Certificate
from an appropriately qualified person confirming compliance with the above
legislation and guidelines is to be provided before the issue of the Occupation
Certificate.
COMPLIANCE
31. Approval is given under Section 256(1) (b) of the Water Management Act 2000 to the
proposed Riverlink building. Works associated with this development shall be
undertaken in accordance with the conditions issued by the Office of Environment
and Heritage (OEH) by correspondence dated 2 March 2016.
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Maitland City Council | Ordinary Meeting Minutes P16
ADVICES
The following advice is limited in scope and should not be understood to encompass all areas of
responsibility of the consent holder, relating to the development.
A You are advised that where underground works within the road reserve are required
for necessary for supply of services (such as water, sewer, electricity, gas), further
consent for a “Road Opening” must be obtained from Council.
Refer to Council’s form: “Application for Registration to Open Roads/Footpaths”.
B You are advised that in regard to potential soil erosion from the construction site,
such pollution of the environment is an offence under the Protection of the
Environment & Operations (POEO) Act and may incur infringement fines.
C You (or the owner) are advised to notify Council in writing, of any existing damage to
the street infrastructure (including landscaping) along the frontage of the property,
prior to commencement of construction. The absence of such notification signifies
that no damage exists. Where necessary repairs are carried out by Council, the
owner of the property shall be held liable for the cost of those repairs.
D You are advised that the issue of this development consent does not amount to a
release, variation or modification by Council of any covenant or easement applicable
to this property and that Council will not be held responsible when action on this
consent results in any loss or damage by way of breach of matters relating to title of
the property.
E You are advised that compliance with the requirements of the Disability
Discrimination Act, (DDA) applies to works on this site. It should be noted that
compliance with the Building Code of Australia does not necessarily meet the
requirements of the DDA.
F You are advised that any proposed advertising signs are subject to a separate
Development Application to Council.
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Maitland City Council | Ordinary Meeting Minutes P17
11.2 DA 15-1936 - MULTI-DWELLING HOUSING - 5 X 3 BEDROOM SINGLE
STOREY DETACHED DWELLINGS - LOT 1 DP 516057, 20 EURIMBLA
STREET THORNTON
RECOMMENDATION: APPROVAL
FILE NO: DA 15-1936
ATTACHMENTS: 1. Locality Plan
2. Development Plans
3. Objections
RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,
Environment & Lifestyle
David Simm - Manager Development & Environment
Leanne Harris - Development Assessment Coordinator
AUTHOR: Amanda Wells - Town Planner
APPLICANT: Impala Properties (NSW) P/L
OWNER: Impala Properties (NSW) P/L
PROPOSAL: Multi-Dwelling Housing – 5 x 3 Bedroom Single Storey
Detached Dwellings
LOCATION: Lot 1 DP 516057, 20 Eurimbla Street, Thornton
ZONE: R1 General Residential
EXECUTIVE SUMMARY
Development consent is sought from Council for the construction of five (5), three (3)
bedroom detached medium density dwellings on land identified as Lot 1, DP 516057,
No.20 Eurimbla Street, Thornton. The existing dwelling on site is to be retained.
The subject land is zoned R1 Residential under the Maitland Local Environmental Plan
2011 (LEP). ‘Multi dwelling housing’ is a permissible form of development in the R1
Residential zone with Council consent. The proposal is consistent with the objectives of the
zone as it will provide a variety of housing types and densities in order to provide for the
housing needs of the community.
The site is approximately 2352m2 in area and currently contains one (1) existing dwelling
which is to remain, as well as a garage and carport, which are to be demolished. The
subject land is of regular rectangular configuration with a frontage to Eurimbla Street,
Thornton of around 20 metres and a depth of approximately 190 metres. Surrounding
development is predominantly residential.
The application was originally notified for a period of 14 days from 03 September 2015 to
17 September 2015 during which time three (3) objections were received. Following receipt
of additional information and amended plans, the application was re-notified for a period
of 7 days from 20 January 2016 to 27 January 2016. This period was then extended by an
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Maitland City Council | Ordinary Meeting Minutes P18
additional 6 days until 3 February 2016. During this time a fourth objection was received.
It is noted that the fourth objection received was a second objection from an objector to
the initial notification period.
The key matters of concern to the objectors are:
Loss of privacy;
Over-development of the site;
Traffic concerns;
Stormwater concerns;
Fencing;
Roof and fencing colours;
Landscaping;
Radiant heat;
Driveway widths; and
Plant schedule.
These matters are addressed in the main body of the report and are not considered to
represent sufficient grounds for refusal of the application.
An assessment of the proposal has been undertaken against Section 79C of the
Environmental Planning and Assessment Act 1979 (NSW) and is considered to be
appropriate for the following reasons:
The proposal is permitted with consent within the R1 General Residential zone and is
consistent with the relevant objectives of the zone; and
The proposal has been assessed against the requirements of the Maitland City Wide
Development Control Plan 2011 (MDCP 2011), specifically Part C – Design Guidelines,
C.8 ‘Residential Design’ and C.11 ‘Vehicular Access and Car Parking’ and assessed
against the relevant heads of consideration pursuant to Section 79C of the
Environmental Planning & Assessment Act 1979 (NSW) and is considered
appropriate.
Accordingly, it is recommended that the application for Multi-Dwelling – 5 x 3 Bedroom
Detached Dwellings be approved by Council subject to conditions.
OFFICER’S RECOMMENDATION
THAT DA15-1936, for Multi-Dwelling Housing – 5 x 3 Bedroom Detached Dwellings at
Lot 1 DP 516057, 20 Eurimbla Street, Thornton, be approved subject to conditions of
consent set out in the attached schedule
COUNCIL RESOLUTION
THAT DA15-1936, for Multi-Dwelling Housing – 5 x 3 Bedroom Detached Dwellings at
Lot 1 DP 516057, 20 Eurimbla Street, Thornton, be approved subject to conditions of
consent set out in the attached schedule
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Maitland City Council | Ordinary Meeting Minutes P19
Moved Clr P Penfold, Seconded Clr B Geoghegan
CARRIED
The Mayor in accordance with Section 375A of the Local Government Act 1993 called
for a division.
The division resulted in 10 for and 2 against, as follows:
For: Clr P Blackmore Against: Clr L Baker
Clr B Burke Clr P Garnham
Clr B Geoghegan
Clr A Humphery
Clr H Meskauskas
Clr N Penfold
Clr P Penfold
Clr S Procter
Clr K Wethered
Clr B Whiting
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SCHEDULE OF CONDITIONS
Reason for Condition(s)
The following condition(s) have been applied to the development, subject of this consent,
to ensure that the development meets the requirements of the NSW Environmental
Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment
Regulation 2000, and the various policies and development controls of Maitland City
Council and other government agencies relevant to the development being undertaken.
APPROVED PLANS AND DOCUMENTATION
1. The development shall be carried out in accordance with the stamped
approved plans and documentation as detailed in the following schedule and
any amendments arising through conditions to this consent or as shown in
red colour on the plans.
Job No. Sheet
No.
Revn
No.
Revision
Date
Prepared by:
(consultant)
030/15
3-9, 13-15, 19-21,
25-27,
31-33, 37-39
I 18.02.2016 Urban Living Solutions
32200 DW C
Driveway
Construction Plan 1-2 C 19/02/16 Daly Smith Pty Ltd
2. Prior to the issue of the Construction Certificate DA15-497 must be
surrendered to Council in accordance with Section 80A (1)(b) of the
Environmental Planning and Assessment Act 1979 (NSW). The surrender must be
in accordance with clause 97 of the Environmental Planning and Assessment
Regulation 2000 (NSW).
CONTRIBUTIONS & FEES
3. Pursuant to Section 80A(1) of the Environmental Planning and Assessment Act
1979, and the Maitland S94 Contributions Plan (City Wide) 2006, a contribution
of $69,685 shall be paid to the Council.
The contribution is calculated from Council's adopted Section 94
Contributions Plan in the following manner:
3 bedroom Total
2006(A) Citywide Rec & Open Space 5 x $5,390 $26,950
2006(A) Citywide Road & Traffic Facilities 5 x $5,007 $25,035
2006(A) Citywide Cultural Facilities 5 x $967 $4,835
2006(A) Citywide Community Facilities 5 x $2,147 $10,735
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2006(A) Citywide Cycleways/Shared Paths 5 x $221 $1,105
2006(A) Citywide Management/Admin 5 x $205 $1,025
_____
$69,685
The above contributions rates are indexed, at least annually, with reviewed rates to apply
from 1st February each year in accordance with the provisions ofthe Maitland Section 94
Contributions Plan (Citywide) 2006. Please refer to Council's web page for the current rates
applicable.
Payment of the above amount shall apply to Development Applications as follows:
- Subdivision only - prior to issue of the Subdivision Certificate.
- Building work only - prior to issue of the Construction Certificate.
- Subdivision and building work - prior to the issue of the Construction Certificate, or
Subdivision Certificate, whichever occurs first.
- Where no construction certificate is required - prior to issue of an Occupation
Certificate.
- For extractive industries - annually from the date of issue of development consent.
The above "contribution" condition has been applied to ensure that:
i) Where the proposed development results in an increased demand for public amenities
and services, payment towards the cost of providing these facilities/services is made in
accordance with Council's adopted contributions plan prepared in accordance with the
provisions of section 94 of the Environmental Planning and Assessment Act, 1979.
ii) Council's administration expenses are met with respect to the processing of the
application.
CERTIFICATES
4. Prior to the commencement of works an application for a Construction
Certificate shall be submitted to, and be approved by, the Accredited Certifier.
5. Prior to issue of the Construction Certificate, a Compliance Certificate
under Section 50 of the Hunter Water Act 1991, for this development, shall be
submitted to the Accredited Certifier.
6. Prior to the issue of an Occupation Certificate all conditions of
development consent shall be complied with.
7. Prior to occupation of the building an Occupation Certificate shall be
issued by the Principal Certifying Authority.
8. The applicant shall submit to Council, “Notice of Appointment of the Principal
Certifying Authority” at least two (2) days prior to the commencement of
construction works.
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9. The applicant shall submit to Council a “Notice of Commencement” form at
least two (2) days prior to the commencement of construction works.
10. (1) Building work that involves residential building works (within the
meaning of the Home Building Act, 1989) must not be carried out
unless the principal certifying authority for the development to which
the work relates:
(a) in the case of work to be done by a licensee under that Act:
(i) has been informed in writing of the licensee’s name and
contractor licence number, and
(ii) is satisfied that the licence has complied with the
requirements of Part 6 of that Act, or
(b) in the case of work to be done by any other person:
(i) has been informed in writing of the person’s name and
owner-builder permit, or
(ii) has been given a declaration, signed by the owner of the
land, that states that the reasonable market cost of the
labour and materials involved in the work is less than the
amount prescribed for the purposes of the definition of
owner-builder work in Section 29 of that Act, and is given
appropriate information and declarations under
paragraphs (a) and (b) whenever arrangements for the
doing of the work are changed in such a manner as to
render out of date any information or declaration
previously given under either of those paragraphs.
(2) A certificate purporting to be issued by an approved insurer under
Part 6 of the Home Building Act, 1989, that states that a person is the
holder of an insurance policy issued for the purposes of this clause, is
sufficient evidence that the person has complied with the
requirements of that part.
DEMOLITION
11. All demolition works are to be carried out in accordance with Australian
Standard AS 2601-2001.
12. In the event of an undisclosed or unidentified contamination being found on-
site or any potentially contaminating infrastructure (e.g. underground storage
tanks) or soils (e.g. staining, odours, asbestos) being identified during works, a
qualified and experienced consultant must inspect, review and advise on
remediation or mitigation prior to further construction proceeding. Council
must be notified if this occurs and must be provided with any resulting
reports and recommendations.
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13. Where any demolition, alteration or renovation works encounter asbestos or
products containing asbestos, then the materials encountered shall be
managed in accordance with the provisions of the NSW Work Cover Authority.
14. Demolition material shall be recycled as far as is practicable and any
demolition waste disposed of only at an authorised landfill facility.
LANDSCAPING
15. All landscaped areas of the development shall be maintained in accordance
with the approved landscape plan. The landscaped areas shall be kept free of
parked vehicles, stored goods, garbage or waste material and the like.
16. No tree exceeding 3 metres in height or having a branch spread of 3 metres
or more in diameter is to be removed from the subject land unless:
i) The removal is essential in order for the development under this
consent to proceed; and
ii) Consent to the removal of the tree(s) has been granted by Council in
accordance with Clause 5.9AA of the Maitland Local Environmental
Plan 2011.
17. An arborist is to supervise construction of the driveway, retaining wall and
fence along the eastern boundary to the site to ensure that damage to exiting
trees is minimized.
FENCING
18. 1.8 metre high colorbond fencing is to be provided to adjoining properties
and between the proposed dwellings.
CARPARKING
19. Car parking for the development shall be provided in accordance with the
approved plans, with a minimum allocation for the development of 2 spaces
per dwelling plus an additional 2 visitor spaces.
20. All driveways, parking areas and vehicles turning areas shall be constructed
with a segmental paver surface (on a concrete sub-base), or as reinforced
concrete.
21. All parking bays shall be delineated. “Visitor parking” spaces shall be
signposted.
VEHICLE ACCESS
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22. Prior to commencement of construction of the driveway crossing on the
public footway verge, the works shall have been approved by Council. An
application form, “Application To Construct Private Works On Footway” shall be
submitted to Council, together with the appropriate fee (for each driveway).
23. Prior to issue of the Occupation Certificate the driveway shall be
constructed, in accordance with Council’s Manual of Engineering Standards,
which includes the retention of (or if damaged reconstruction as plain
concrete of) any existing footpath, and with reference to Council’s
information document “Footway Crossings (Driveways)”.
24. A 6.0m concrete driveway shall be provided across the road verge and
extending 6m into the property from behind the front boundary line.
Additional 6.0m wide passing bays shall be provided generally at 30m
intervals being between existing dwelling and house 1, and between houses 2
and 3.
STORMWATER DRAINAGE
25. Prior to issue of the Construction Certificate, the construction details in
accordance with Council’s Manual of Engineering Standards shall be provided
for the following stormwater requirements:
a) 1.5m³ of On-Site Detention in addition to the Basix volume (i.e. minimum
3m3 rainwater tank) supplied for each dwelling in accordance with council
standard drawing SD052/2, and
an additional Storage volume of 16.2m³ (atlantis or other) detention
tank for on-site detention (OSD) with a permissible site discharge 1% AEP
pre development flows and strictly in accordance with drainage plan
number 32200 SMP D, 1 of 2 revision D dated 19/2/16, AND Civil design
– driveway and drainage report SA/32200 Dated February 2016, both
by Daly Smith Pty Ltd, and
b) Detailed pavement finished surface levels demonstrating 1% conveyance
paths to, and 1% inlet capacity into the OSD tank/structure, and
c) Structural certification is required for underground detention systems
where expected traffic loads are likely, and,
d) an emergency overland flow path for major storm events, that is directed
to the public drainage system, and
e) entrapment of gross pollutants, nutrients and hydrocarbons generated
from the contributing ground-surface catchment areas, and
f) conveyance where necessary, of stormwater through the site from
upstream catchments, (including roads and adjoining properties).
26. Prior to Occupation or Operation of the development, a Stormwater System
Maintenance Procedure Plan shall be prepared by an engineer, detailing a
regular maintenance programme for pollution control devices, covering
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Maitland City Council | Ordinary Meeting Minutes P25
inspection, cleaning and waste disposal, a copy of which shall be supplied to
the owner/operator and to Maitland City Council for supply of future owners
as needed.
27. Prior to issue of the Occupation Certificate, the stormwater-control system
shall be constructed in accordance with the approved stormwater drainage
plan. A qualified engineer shall supply written certification to the PCA and
Council that the constructed system including detention volume and
discharge rates achieve the consent requirements for detention.
28. Final discharge of collected stormwater runoff shall be piped, in accordance
with Council’s Manual of Engineering Standards to:
a) the drainage reserve in accordance with the approved plan and council
requirements
EROSION CONTROLS
29. The property shall be protected against soil erosion, such that sediment is not
carried from the construction site by the action of stormwater, wind or
“vehicle tracking”.
BUILDING CONSTRUCTION
30. All building work shall be carried out in accordance with the provisions of the
Building Code of Australia (BCA).
SITE CONSIDERATIONS
31. All excavations and backfilling associated with the erection or demolition of a
building must be executed safely and in accordance with appropriate
professional standards and must be properly guarded and protected to
prevent them from being dangerous to life or property.
32. All excavated and/or filled areas are to be retained or battered and suitably
drained so as to prevent any subsidence of the area and constructed so as to
deny any flow of water into or around the building or neighbouring buildings
or onto neighbouring land.
Where a retaining wall is planned for this purpose and such wall requires
consent (refer to State Environmental Planning Policy -Exempt and
Complying Development Codes, 2008) plans and specifications of the wall
shall be approved by Council and/or an accredited certifier.
Note: The submission of a separate Development Application is not required for
a retaining wall associated with this approval and indicated on the approved
plans.
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33. If an excavation associated with the erection or demolition of a building
extends below the level of the base of the footings of a building on an
adjoining allotment of land, the person causing the excavation to be made:
(i) Must preserve and protect the building from damage, and
(ii) If necessary, must underpin and support the building in an approved
manner, and
(iii) Must, at least seven (7) days before excavating below the level of the
base of the footings or a building on an adjoining allotment of land,
give notice of intention to do so to the owner of the adjoining
allotment of land and furnish particulars of the excavation to the
owner of the building being erected or demolished.
The owner of the adjoining allotment of land is not liable for any part of the
cost of work carried out for the purposes of this condition, whether carried
out on the allotment of land being excavated or on the adjoining allotment
of land. (Includes a public road and any other public place).
34. The applicant is required to notify Council in writing prior to commencing
building operations, of any existing damage to kerbing and guttering and/or
footpath paving associated with the subject Lot. The absence of such
notification signifies that no damage exists and the applicant shall therefore
be liable for the cost of the repair of any damage to kerbing and guttering or
footpath paving which may be necessary after completion of the building
operation.
35. A temporary toilet shall be provided on site from the time of commencement
of building work to ensure that adequate sanitary provisions are provided
and maintained on the building site for use by persons engaged in the
building activity. The number of toilets provided shall be 1 toilet per twenty
persons or part thereof employed on the site. The temporary toilet is to be
connected to the sewerage system or an approved septic tank or otherwise
may be a chemical toilet supplied by a licensed contractor.
36. Unless otherwise approved by Council in writing, all general building work
shall be carried out between the hours of:
a. 7.00am to 6.00pm Monday to Friday
b. 7.00am to 5.00pm Saturday
Any work performed on Sunday’s or Public Holidays that may cause offensive
noise, as defined under the Protection of the Environment Operations Act, is
prohibited. Minor works (such as hand sanding, painting, digging and the
like) is permitted between the hours of 9.00am to 5.00pm. Power operated
tools are not permitted to be used.
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37. Rubbish generated from the development is to be suitably contained on site
at all times. No rubbish shall be stockpiled in a manner which facilitates the
rubbish to be blown off site.
38. Waffle pods, if used in the construction of the building, shall not be delivered
to the site unless wrapped or securely tied. The waffle pods are to be secured
on-site to prevent scattering by wind. Off-cuts and unused pods must be
wrapped in plastic or similar material and removed from the site immediately
upon completion of slab construction.
Note: Where building materials and/or refuse is found to have caused pollution
beyond the boundaries of the development site (eg. blown off-site by wind), the
Council may issue infringement notices / fines as prescribed under the Protection
of the Environment Operations Act 1997.
39. All building materials, plant and equipment shall be contained wholly within
the development site.
40. The Principal Contractor (or Owner/Builder) shall erect a sign in a prominent
position on the site (not attached to any tree) identifying the name, address
and telephone number of the Principal Certifying Authority (PCA) for the
work. The sign shall also display the name, address and telephone number of
the Principal Contractor for the work (or Owner/Builder) and shall state that
unauthorized entry to the site is prohibited. The sign must be maintained
while the work is being carried out and is to be removed when the work is
completed.
41. The site shall be cleared of all building refuse and spoil immediately upon
completion of the building.
ADVICES
The following advice is limited in scope and should not be understood to encompass all
areas of responsibility of the consent holder, relating to the development.
A. You are advised that where underground works within the road reserve are
required or necessary for supply of services (such as water, sewer, electricity,
gas) further consent for a “Road Opening” must be obtained from Council.
Refer to Council’s form “Application for Registration to Open Roads/Footpaths”.
B. You are advised that a “Drainage Plan Assessment fee for the stormwater
detention system may be applicable in accordance with Council’s Fees and
Charges prior to the issue of the Construction Certificate.
C. You are advised that for the driveway works on the footway verge,
inspection by Council is required (eg formwork & reinforcement). See
Council’s “Application to Construct Private Works on Footway”).
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D. You are advised that prior to construction of the driveway corridor, utility
services and/or their conduits should be installed along the full corridor
length.
E. You are advised that the issue of this development consent does not negate
the responsibility of the land owner in respect to any restriction, covenant
or easement applicable to this property and that Council will not be held
responsible when action on this consent results in any loss or damage by way
of breach of matters relating to title of the property.
F. You are advised that there may be design matters in relation to the drainage
concept plan that warrant further attention prior to the issue of the
Construction Certificate.
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11.3 DA 91-117 SECTION 96(2) MODIFICATION FOR MOUNT VINCENT WASTE
MANAGEMENT CENTRE - LOT 220 DP755237 MT VINCENT ROAD, EAST
MAITLAND
RECOMMENDATION: APPROVAL
FILE NO: DA 91-117
ATTACHMENTS: 1. Locality Plan
2. Existing Consent
3. Development Plans
4. Public Submissions
5. Government Submissions
RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,
Environment & Lifestyle
AUTHOR: Leanne Harris - Development Assessment Coordinator
APPLICANT: Maitland City Council
OWNER: Maitland City Council
PROPOSAL: Section 96(2) Modification to address inconsistencies
within and between requirements of the Plan of
Management, Schedule of Conditions, EPL 6116
conditions, and current and historical site operations at
Mount Vincent Waste Management Centre
LOCATION: Mt Vincent Road, Lot 201 DP520191 & Lot 2220
DP1095387 (Formerly part portion 220 Part Lot 201 DP
520191 & Part Lot 202 DP523762)
ZONE: SP1 (Waste Management Facility)
EXECUTIVE SUMMARY
This report presents Council with an assessment of an application pursuant to Section
96(2) of the Environmental Planning and Assessment Act 1979 (as amended) in relation to
the Council owned and operated Mount Vincent Waste Management Centre.
The application seeks to modify a number of the existing consent conditions to reflect
current operating procedures and requirements under the site’s Environment Protection
Licence (EPL) which have been modified over time.
The report is presented to Council for determination due to the receipt of a public
submission objecting to the application and also due to the application relating to a
Council owned and operated facility with Council being both the applicant and the
determining authority.
The assessment seeks to provide Council with information in relation to the qualitative
and quantitative nature of the proposed amendments, how they relate to the existing
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Maitland City Council | Ordinary Meeting Minutes P30
approved development and the likely environmental impacts and related mitigation
measures if the development is amended as proposed.
This report outlines and considers impacts that the proposed modifications will have in
respect to geotechnical, visual, groundwater and leachate and traffic matters. Other
environmental aspects that have also been considered include noise, air quality, social
and ecological impacts.
The application has been assessed against the requirements of Section 96(2) and 79C of
the Environmental Planning and Assessment Act, 1979. The matters raised in objection to
the application have been considered and assessed at length.
Taking into consideration all the relevant matters, the application is recommended to
Council for approval subject to amendments to the conditions of development consent as
set out in this report.
OFFICER’S RECOMMENDATION
THAT:
The Section 96(2) modification application to address inconsistencies within and
between requirements of the Plan of Management, Schedule of Conditions,
Environment Protection Licence 6116 conditions and current and historical site
operations at Mount Vincent Waste Management Centre on Lot 201 DP 520191 and
Lot 2220 DP 1095387, 109 Mount Vincent Road East Maitland, be approved subject
to the amended conditions set out in the attached schedule.
Note: This item was withdrawn as per Item 8
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11.4 DA 14-486 - SECTION 96(1) TO AMEND REAR FENCE DETAILS - LOT 1
DP319748 & LOT 1 DP168111, 307 HIGH STREET, MAITLAND
RECOMMENDATION: APPROVAL
FILE NO: DA 14-486
ATTACHMENTS: 1. Locality Plan
2. Development Plans
3. Submissions
RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,
Environment & Lifestyle
David Simm - Manager Development & Environment
Leanne Harris - Development Assessment Coordinator
AUTHOR: Tegan Harris - Team Leader Development Assessment
APPLICANT: Matthew Adderly
OWNER: Adderly MM & Others
PROPOSAL: Section 96(1A) to Modify Rear Fence Details
LOCATION: 307 High Street, Maitland
ZONE: B4 Mixed Use
EXECUTIVE SUMMARY
The modification application before the Council was lodged on 27 January 2016 and seeks
to amend the location and materials of the rear acoustic fence. The proposal is being
reported to Council due to the receipt of one (1) submission during the notification
process.
The parent development application (DA) was determined at Council on 13 May 2014 as a
food and drink premises (Small Bar). The parent DA required the construction of a 2.4m
high double brick wall on the rear boundary to manage potential visual and acoustic
impacts.
Following approval of the parent application the operators approached three separate
engineers to try and certify the double brick wall, however, they were unable to do so. Due
to these difficulties, the operators are seeking approval to amend the fence to a timber
lapped and capped fence. The fence is also being relocated approximately 700mm within
the property boundary as there was concern that it was constructed partially within the
private laneway to the rear of the site.
The modification does not raise any issues that conflict with Council’s original assessment
of the proposal in regards to the Maitland Local Environmental Plan (LEP) 2011 and
Development Control Plan (DCP) 2011. The primary potential impacts as a result of the
modification relate to acoustic, heritage and flooding. It is considered that the
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modification is minor in nature and does not have any significant impacts within the
locality.
The modification was advertised and notified for a period of 14 days ending 17 February
2016. As a result of this process one submission was received. The issues raised include
reduction in fence height, change of materials and time taken to resolve the matter.
The proposed modification has been assessed against the relevant heads of consideration
under Section 79C of the Environmental Planning & Assessment Act 1979 (NSW). The
modification is minor in nature, seeking only to alter the rear fence materials and
location. Issues relating to acoustic, flooding and heritage have been appropriately
addressed. Accordingly, the proposal is recommended for approval subject to conditions.
OFFICER’S RECOMMENDATION
THAT
1. DA14-486 Section 96(1A) Modification to Amend Rear Fence, 307 High Street,
Maitland, Lot 1 DP319748 & Lot 1 DP168111, be approved subject to
Conditions.
COUNCIL RESOLUTION
THAT
1. DA14-486 Section 96(1A) Modification to Amend Rear Fence, 307 High Street,
Maitland, Lot 1 DP319748 & Lot 1 DP168111, be approved subject to
Conditions.
Moved Clr K Wethered, Seconded Clr A Humphery
CARRIED
The Mayor in accordance with Section 375A of the Local Government Act 1993 called
for a division.
The division resulted in 12 for and 0 against, as follows:
For: Clr L Baker Against:
Clr P Blackmore
Clr B Burke
Clr P Garnham
Clr B Geoghegan
Clr A Humphery
Clr H Meskauskas
Clr N Penfold
Clr P Penfold
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Clr S Procter
Clr K Wethered
Clr B Whiting
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SCHEDULE OF CONDITIONS
APPROVED PLANS AND DOCUMENTATION
1. The development shall be carried out in accordance with the stamped approved plans and
documentation as detailed in the following schedule and any amendments arising through
conditions of this consent or as shown in red colour on the plans:
Plan Ref. No Sheet
No
Rev n
No
Rev n
Date
Prepared by
Plans – Site (as modified by 16-003-1) DA01 - 18/02/14 AcroPlan Pty Ltd
16-003-2 - - - -
Plans – Existing Floor SK02 - 28/04/2014 AcroPlan Pty Ltd
Plans – Proposed Floor SK03 - 29/04/2014 AcroPlan Pty Ltd
Plans – Existing First Floor SK04 - 28/04/2014 AcroPlan Pty Ltd
Plans – Proposed First Floor SK05 - 28/04/2014 AcroPlan Pty Ltd
Internal Elevations – Kitchen SK06 - 28/04/2014 AcroPlan Pty Ltd
Internal Elevations – Bar Area SK07 - 28/04/2014 AcroPlan Pty Ltd
Specifications – Food Safety
Standards SK08 - 28/04/2014 AcroPlan Pty Ltd
Details – Proposed Signage DA09 - 18/02/2014 AcroPlan Pty Ltd
Condition Amended: 8 March 2016
ACOUSTIC FENCE
1a. The rear acoustic fence shall be constructed as timber lapped and capped with pailings on
one side of the rails to a height of 2.4m. Condition Amended: 8 March 2016
1b. The existing footings and partially constructed masonry fence on the rear boundary shall be
demolished and the site reinstated to its original condition. Condition Amended: 8 March 2016
CONTRIBUTIONS & FEES
2. Pursuant to Section 80A(1) of the Environmental Planning and Assessment Act 1979, and the
Maitland S94A Levy Contributions Plan 2006, a contribution of $1,000 shall be paid to the
Council.
The above amount may be adjusted at the time of the actual payment, in accordance with
the provisions of the Maitland City Council S94A Levy Contributions Plan 2006.
Payment of the above amount shall apply to Development Applications as follows:
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Maitland City Council | Ordinary Meeting Minutes P35
- Building work only - prior to issue of the Construction Certificate.
- Subdivision and building work - prior to the issue of the Construction Certificate, or
Subdivision Certificate, whichever occurs first.
- Where no construction certificate is required - prior to issue of an Occupation Certificate.
The above "contribution" condition has been applied to ensure that:
i) Where the proposed development results in an increased demand for public amenities and
services, payment towards the cost of providing these facilities/services is made in accordance with
Council's adopted contributions plan prepared in accordance with the provisions of section 94A of
the Environmental Planning and Assessment Act, 1979.
ii) Council's administration expenses are met with respect to the processing of the application.
HOURS OF OPERATION
3. The overall hours of operation are 7:00am to 12:00pm midnight seven days week (including
public holidays).
4. Use of the rear courtyard area (with the exception of patrons utilising the amenities and
smoking area for short periods of time) shall be restricted to the hours of 7:00am to 10:00pm
Monday to Saturday, and 8:00am to 10:00pm Sundays and Public Holidays. The rear bi-fold
door is to remain closed on Sundays and Public Holidays until 8:00am, and each day after
10:00pm.
5. The LA10 noise level emitted from any portion of the premises shall not exceed the
background noise level in any Octave Band Centre Frequency (31.5Hz-8kHz inclusive) by
more than 5dB between 07.00am and 12.00 midnight at the boundary of any affected
residence.
The LA10 noise level emitted from any portion of the premises shall not exceed the
background noise level in any Octave Band Centre Frequency (31.5 Hz-8kHz inclusive)
between 12.00 midnight and 7.00am at the boundary of any affected residence.
Notwithstanding compliance with the above, the noise emitted from any portion of the
premises shall not be audible within any habitable room in any residential premises between
the hours of 12.00 midnight and 7.00am.
Note: for the purposes of this condition the LA10 can be taken as the average maximum
deflection of the noise emission from the premises.
GENERAL PROVISIONS
6. A Construction Certificate is to be obtained prior to commencing construction works. The
Construction Certificate application is to include detailed plans and specifications for the
construction of the building/structure.
7. All building work must be carried out in accordance with the provisions of the Building Code
of Australia.
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8. The development or any portion of the development shall not be used or occupied until an
Occupation or Interim Occupation Certificate has been issued. Occupation Certificate
applications must be accompanied by the required fee and all associated information
and certifications. To ensure occupation or use of the development can occur in a timely
fashion, the occupation certificate application should be submitted at the same time as the
final inspection is being requested.
9. Prior to issue of the Construction Certificate a certificate of compliance under Section 50 of
the Hunter Water Act 1991 for this development, shall be submitted to the Accredited
Certifier.
10. Upon completion of the building BUT prior to its occupation, a Final Fire Safety Certificate
with respect to each critical and essential fire safety measure installed in the building is to be
provided. Such certificate(s) are to be in accordance with Division 4 of Part 9 of the
Environmental Planning and Assessment Regulation, 2000.
11. At least once in each twelve (12) month period, fire safety statements in respect of each
required essential fire safety measure installed within the building are to be submitted to
Council. Such certificates are to state that:
a) The service has been inspected and tested by a person (chosen by the owner of the
building) who is competent to carry out such inspection and test; and
b) That the service was or was not (as at the date on which it was inspected and tested)
found to be capable of operating to a standard not less than that specified in the fire
safety schedule for the building).
Such statements are to be in accordance with Division 5 of Part 9 of the Environmental
Planning and Assessment Regulation, 2000.
12. The applicant is required to submit to Council Notice of Commencement at least two (2) days
prior to the commencement of construction works.
13. The applicant is required to submit to Council Notice of Appointment of the Principal
Certifying Authority at least two (2) days prior to the commencement of construction works.
14. All demolition works are to be carried out in accordance with Australian Standard AS 2601-
2001.
SERVICES & EQUIPMENT
15. A copy of the fire safety schedule and fire safety certificate is to be prominently displayed in
the building in accordance with Division 4 of Part 9 of the Environmental Planning and
Assessment Regulation 2000.
16. A copy of the fire safety schedule and fire safety certificate is to be given to the Commissioner
of New South Wales Fire Brigades in accordance with Division 4 of Part 9 of the
Environmental Planning and Assessment Regulation, 2000.
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17. For the purposes of clause 94 of the Environmental Planning and Assessment Regulation 2000,
prior to issue of an Occupation Certificate, emergency lighting, exit signs and direction signs
shall be installed to service the entire building in accordance with Clauses E4.2, E4.4, E4.5,
E4.6 and E4.8 (Volume 1) of the Building Code of Australia 2013.
Note. Emergency lighting shall be installed to provide lighting to the stairway and directional
exit signs shall be installed to the top of the stairs so as to provide visual guidance for people
on the first floor.
18. Prior to issue of an Occupation Certificate portable fire extinguishers shall be installed within
the existing building, in accordance with Clause E1.6 of the Building Code of Australia 2013.
19. For the purposes of clause 94 of the Environmental Planning and Assessment Regulation 2000,
prior to issue of an Occupation Certificate any electrical meters, distribution boards or
electrical motors installed in an exit or in any hallway, stairway or the like leading to an exit
shall be enclosed by a non-combustible construction or fire protective covering with
openings sealed against the spread of smoke in accordance with Clause D2.7 of the Building
Code of Australia 2013.
20. All new materials used in the building shall comply with Clause C1.10 (Volume 1) of the
Building Code of Australia 2013.
21. The space under the stairs shall not be enclosed unless the enclosing walls and ceiling
achieve a Fire Resistance Level of not less than 60/60/60 and the access door is fitted with a
self-closing -/60/30 fire door.
SITE PROVISIONS
22. All building refuse on this building site shall be stored in such a manner so as not to cause a
nuisance to adjoining properties.
23. If the work:
i) is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or
rendered inconvenient, or
ii) involves the enclosure of a public place
a hoarding or fence must be erected between the work site and the public place.
If necessary, an awning is to be erected, sufficient to prevent any substance from, or in
connection with, the work falling into the public place.
The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to
persons in the public place. Any such hoarding, fence or awning is to be removed when the
work has been completed.
24. A sign must be erected in a prominent position on the work site:
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(i) stating that unauthorised entry to work site is prohibited, and
(ii) showing the name of the person in charge of the work site and a telephone number at
which that person may be contacted during work hours.
Any such sign is to be removed when the work has been completed.
This condition does not apply to:
(i) building work carried out inside an existing building, or
(ii) building work carried out on premises that are to be occupied continuously (both
during and outside working hours) while the work is being carried out.
25. No building materials, refuse or spoil is to be deposited on or be allowed to remain on
Council's footpath.
26. Suitable and adequate measures are to be applied to restrict public access to the site and
building works, materials and equipment.
27. Rubbish generated from the development is to be suitably contained on site at all times.
No rubbish shall be stockpiled in a manner which facilitates the rubbish to be blown off site.
ACCESS & AGRESS
28. For the purposes of clause 94 of the Environmental Planning and Assessment Regulation 2000,
prior to issue of the Construction Certificate, details of the installation and operation of the
personal egress door associated with the bi-fold doors shall be supplied to Council. The
details must include information on the latching mechanism and management procedures
to be followed to ensure that the door will be unlocked and operable as an exit whenever
the courtyard is lawfully occupied.
29. Prior to issue of the Construction Certificate a plan showing compliant path of travel to and
within the courtyard for both disabled access and emergency egress shall be provided to
Council. The path of travel must be a minimum of 1 metre wide. Indicative table and seat
location shall be modified to demonstrate that this is possible.
30. Prior to issue of an Occupation Certificate disabled access to the building shall be upgraded
as per the approved plans, statement of environmental effects and conditions of
development consent.
31. For the purposes of clause 94 of the Environmental Planning and Assessment Regulation 2000,
prior to issue of an Occupation Certificate, all doors in, or forming a part of a required exit
shall be fitted with latches that comply with D2.21 (Volume 1), of the Building Code of
Australia 2013.
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32. For the purposes of clause 94 of the Environmental Planning and Assessment Regulation 2000,
prior to issue of an Occupation Certificate, all secondary door hardware such as barrel
bolts, chains, padlocks, etc. must be removed from all doors in a required exit, forming part
of a required exit or in a path of travel to a required exit.
HERITAGE
33. Removal of the 1920s shop front shall be undertaken in accordance with the
recommendations of the Heritage Appraisal prepared by Carste Studio dated April 2014,
with two panels and their associated glazed top panel, one to either boundary wall being
retained, as amended in red colour on the approved plans. The remaining panels shall be
removed and stored securely on site for reinstallation as may be appropriate at a later date.
FOOD PREMISES
34. The premises, including the construction and installation of all equipment, fixtures and
fittings must comply with the requirements of The Food Act 2003, Food Regulation 2004,
Food Standards Code and Australian Standard 4674 for the Design, Construction and Fit-
out of Food Premises. In particular your attention is drawn to:-
i. Walls above 2m, where not tiled, sheeted in stainless steel or similar, are to be cement
rendered to a steel trowel finish, set with plaster and finished to a smooth even
surface, painted with a washable gloss paint of a light colour or sealed with other
approved materials.
ii. Ceiling light fittings shall be installed flush with the ceiling surface so as to provide the
least likely harbourage for dust or vermin and be provided with approved diffuser
covers.
iii. Where possible all service pipes are to be constructed in floors, plinths, walls or
ceilings. Where it is not possible to conceal pipes or where it is contrary to the
regulations of other authorities, such pipes are to be fixed on brackets so as to provide
at least 25mm clearance between the pipe and adjacent vertical surface and 100mm
between the pipe and adjacent horizontal surfaces.
All openings in walls, floors and ceilings through which service pipes and the like, pass,
shall be made vermin proof.
iv. Cooking appliances may be butted together and provided with removable flashing or
provided with a clearance of 75mm for appliances less than 750mm or 300mm
clearance for appliances with a width greater than 750mm. Alternatively they may be
made moveable through the provision of flexible connections.
v. Mechanical ventilation is to be provided in accordance with Australian Standard 1668.
Prior to installing mechanical ventilation the details are to be forwarded to Council for
approval.
After installing the mechanical ventilation system the system is to be certified by a
mechanical engineer and this certification is to be forwarded to Council, within 30 days.
vi. A utility sink, separate to the hand wash basin is to be provided in the bar.
vii. A copy of the Trade Waste application to Hunter Water is to be provided to Council.
35. Prior to occupation and commencement of trade the business is to be registered with
Council.
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36. The premises will be incorporated in Council’s Surveillance Program and will be subject to a
minimum of 1 inspection per annum. The current fee for an inspection is $100 Inspection
fee and $100 Administration Fee.
37. Prior to opening for trade a Food Safety Supervisor is to be appointed and complete the
relevant competencies of training through a Registered Training Organisation approved by the
NSW Food Authority. A copy of the Food Safety Supervisor Certificate is to be provided to
Council www.foodauthority.nsw.gov.au/industry/fss-food-safety-supervisors.
SCHEDULE OF ADVICE
A. You are advised that additional details are required for the Construction Certificate. Full
construction details for the amenities buildings must be provided prior to release of the
Construction certificate.
B. You are advised that where any demolition, alteration or renovation works that encounter
asbestos or products containing asbestos, the materials encountered shall be managed in
accordance with the provisions of the NSW Work Cover Authority.
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11.5 DA 14-2276 SECTION 96 MODIFICATION TO AMEND SUBDIVSION
LAYOUT, STAGING AND DRAINAGE - LOTS 102 & 103 DP 1208978 & LOT
13 DP 1208290, NO. 281 MORPETH ROAD RAWORTH
RECOMMENDATION: APPROVAL
FILE NO: DA 14-2276
ATTACHMENTS: 1. Locality Plan
2. Site Plan
3. Submissions
RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,
Environment & Lifestyle
David Simm - Manager Development & Environment
Leanne Harris - Development Assessment Coordinator
AUTHOR: Anne Moore - Contract Planner
APPLICANT: HDB Town Planning & Design
OWNER: Mitchell Spares Pty Ltd
PROPOSAL: Modify Condition 1 to acknowledge the revised
subdivision layout in respect to lots 113 to 116 and
proposed drainage reserve and minor change to staging
plan
LOCATION: No. 281 Morpeth Road Raworth
ZONE: R1 General Residential
EXECUTIVE SUMMARY
A Section 96 Application has been received by Council seeking modification of
Development Consent DA 14 - 2276 to amend the subdivision layout in respect to Lots 113
to 116 to allow enlargement of the drainage reserve including the design of the detention
basin and to amend the staging plan so as to incorporate former lots 212 and 213 into
Stage 3 (i.e. Lots 307 & 308). This will require changes to Conditions 1 and 22 relating to
approved plan and the proposed detention basin.
The application was notified and advertised from 19 November 2015 to 3 December 2015.
During this period four (4) submissions were received by Council. The issues raised in all
the submissions to Council are addressed in the body of this report. It is considered that
the grounds of the objection do not warrant refusal or further modification of this
application. However the submissions have identified a number of drainage issues within
this locality that require on going investigation by Council to overcome deficiencies with
the existing drainage system and will be considered separately to this application.
The application has been assessed against the requirements of Section 96(1A) and Section
79C of the Environmental Planning and Assessment Act, 1979 and Section 115 of the
Environmental Planning and Assessment Regulation. Modification of Condition 1 to reflect
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the amended subdivision layout and staging of the subdivision and Condition 22 to allow
a modified detention basin design is considered necessary in this case.
Accordingly, it is recommended that Conditions 1 and 22 be amended and an additional
condition be inserted requiring the details of the detention basin be forwarded to the NSW
Dam Safety Committee for review and classification.
OFFICER’S RECOMMENDATION
THAT
1. Section 96 Application for modification of Development Application No. 14-
2276 – Fifty (50) Lot Residential Subdivision at Lot 13 DP 1208290 & Lots 102 &
103 DP1208978 (formerly known as Lot 3 DP 654239, Lots 4 & 5 DP 1058164 &
Lot 16 DP 4923) No. 281 Morpeth Road Raworth be approved subject to the
amended conditions set out in the attached schedule.
COUNCIL RESOLUTION
THAT
1. Section 96 Application for modification of Development Application No. 14-
2276 – Fifty (50) Lot Residential Subdivision at Lot 13 DP 1208290 & Lots 102 &
103 DP1208978 (formerly known as Lot 3 DP 654239, Lots 4 & 5 DP 1058164 &
Lot 16 DP 4923) No. 281 Morpeth Road Raworth be approved subject to the
amended conditions set out in the attached schedule.
Moved Clr S Procter, Seconded Clr B Burke
CARRIED
The Mayor in accordance with Section 375A of the Local Government Act 1993 called
for a division.
The division resulted in 12 for and 0 against, as follows:
For: Clr L Baker Against:
Clr P Blackmore
Clr B Burke
Clr P Garnham
Clr B Geoghegan
Clr A Humphery
Clr H Meskauskas
Clr N Penfold
Clr P Penfold
Clr S Procter
Clr K Wethered
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Maitland City Council | Ordinary Meeting Minutes P44
Amended Conditions
Amended Condition 1
The development shall be carried out in accordance with the stamped approved
plans and documentation as detailed in the following schedule and any amendments
arising through conditions of this consent or as shown in red colour on the plans:
Plan Ref
No.
Sheet
No.
Revn
No.
Revision Date Prepared by
(Consultant)
14/024 N/A D 26/10/2015 HDB Town Planning & Design
Amended Condition 22
A stormwater detention system shall be designed and approved for the subject
subdivision to reduce post-developed discharges to pre-developed discharges, for the
critical storm up to and including the 1% AEP (“100 year”) event, in accordance with
Council’s Manual of Engineering Standards and generally in accordance with HDB’s
“Stormwater Drainage Report” report no: 14/024-3 dated November 2015.
Additional Condition 22A
Prior to issue of the Construction Certificate the applicant shall demonstrate that all
efforts have been made in the design of the basin to negate the triggering of
classification of the basin as a "Declared Dam" under the Dam Safety Act 2015.
Written confirmation from the NSW Dam Safety Committee shall be supplied to
Council to confirm the detention basin classification. Any recommendations from
the NSW Dam Safety Committee review shall be designed and implemented into the
construction certificate plans.
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11.6 PLANNING PROPOSAL TO REZONE LAND AT 30 SWAN STREET,
MORPETH FROM RU1 PRIMARY PRODUCTION TO R1 GENERAL
RESIDENTIAL AND E2 ENVIRONMENTAL CONSERVATION
APPLICANT - PULVER COOPER AND BLACKLEY
FILE NO: RZ14/001
ATTACHMENTS: 1. Locality Plan
2. Planning Proposal (Under Separate Cover)
RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,
Environment & Lifestyle
Ian Shillington - Manager Urban Growth
AUTHOR: Rob Corken - Strategic Town Planner
MAITLAND +10 Outcome 6. Built heritage and sustainable
development
COUNCIL OBJECTIVE: 6.1.1 To encourage orderly, feasible and equitable
development whilst safeguarding the community’s
interests, environmentally sensitive areas and
residential amenity.
EXECUTIVE SUMMARY
Council received an application to rezone land at 30 Swan Street, Morpeth from RU1
Primary Production to R1 General Residential in May 2014. After considering the issues
associated with site, an amended proposal was prepared that included a small area of E2
Environmental Conservation to protect a view corridor at the end of Edward Street.
At its meeting dated 22 September 2015 the Council resolved to request a gateway
determination and undertake community consultation in accordance with the
determination for the proposal.
Exhibition of the proposal occurred during December 2015 - January 2016. Five
submissions were received during the exhibition period. The key issues raised in the
submissions were heritage, trees, loss of views and contamination. The issues raised in
the submissions have been considered and addressed in this report.
The proposal was referred to the Office of Environment and Heritage (OEH). The OEH do
not object to the proposal as the rezoning will have minimal adverse impact on the
historic setting of Morpeth Heritage Conservation Area and to the items of local heritage
significance in the vicinity
It is considered that the rezoning is appropriate and that a request to the Minister of
Planning to make the local environmental plan should be made.
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The rezoning will require amendments to be made to the Maitland Development Control
Plan. Therefore, it is requested that an amendment to the DCP be prepared and public
consultation of that amendment undertaken.
OFFICER’S RECOMMENDATION
THAT COUNCIL
1. Pursuant to s59 of the Environmental Planning and Assessment Act 1979
requests that the Minister of Planning make the local environmental plan.
2. Prepares an amendment to the Maitland Development Control Plan 2011 to
include the site in the residential precinct and remove it from the rural
outskirts precinct of Part E Special Precincts: Morpeth Heritage
Conservation Area.
3. Prepares an amendment to the Maitland Development Control Plan 2011,
Part E Special Precincts: Morpeth Heritage Conservation Area: View
Corridors Map to reflect the amended view corridor at the end of Edward
Street.
4. Pursuant to clause 18 of the Environmental Planning and Assessment
Regulation 2000 exhibit the amendment for a period of 28 days.
5. If no submissions are received during the exhibition period that the
amended DCP be approved. If submissions are received during the
exhibition period a further report is brought back to Council for
consideration.
COUNCIL RESOLUTION
THAT COUNCIL
1. Pursuant to s59 of the Environmental Planning and Assessment Act 1979
requests that the Minister of Planning make the local environmental plan.
2. Prepares an amendment to the Maitland Development Control Plan 2011 to
include the site in the residential precinct and remove it from the rural
outskirts precinct of Part E Special Precincts: Morpeth Heritage
Conservation Area.
3. Prepares an amendment to the Maitland Development Control Plan 2011,
Part E Special Precincts: Morpeth Heritage Conservation Area: View
Corridors Map to reflect the amended view corridor at the end of Edward
Street.
4. Pursuant to clause 18 of the Environmental Planning and Assessment
Regulation 2000 exhibit the amendment for a period of 28 days.
5. If no submissions are received during the exhibition period that the
amended DCP be approved. If submissions are received during the
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Maitland City Council | Ordinary Meeting Minutes P47
exhibition period a further report is brought back to Council for
consideration.
Moved Clr S Procter, Seconded Clr P Garnham
CARRIED
The Mayor in accordance with Section 375A of the Local Government Act 1993 called
for a division.
The division resulted in 10 for and 2 against, as follows:
For: Clr L Baker Against: Clr N Penfold
Clr P Blackmore Clr P Penfold
Clr B Burke
Clr P Garnham
Clr B Geoghegan
Clr A Humphery
Clr H Meskauskas
Clr S Procter
Clr K Wethered
Clr B Whiting
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12 INFRASTRUCTURE AND WORKS REPORTS
12.1 STEAMFEST 2016 - TEMPORARY ROAD CLOSURES
FILE NO: 140/5
ATTACHMENTS: 1. Steamfest Traffic Control Plan
RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works
Stephen Hawes - Manager Infrastructure Planning
and Development Engineering
Scott Henderson - Coordinator Infrastructure
Planning Engineering
AUTHOR: Kenneth Splatt - Traffic Officer
MAITLAND +10 Outcome 3. Iconic events and local festivals
COUNCIL OBJECTIVE: 3.2.1 To attract a diverse range of visitors to the City
from the Hunter Region, Sydney and regional NSW
EXECUTIVE SUMMARY
Maitland Hunter Valley Steamfest has been a premier tourism event since 1986, becoming
an annual fixture on our City’s calendar. To facilitate the management of the event, a
number of streets will be required to be closed to enable safe pedestrian and vehicle
movements together with the erection of display and food stalls, and amusement rides.
Steamfest 2016 will operate on the weekend of 9-10 April 2016, with the majority of the
temporary road closure requests being effective during that time and during the daytime
hours of 7.00am to 6.00pm. A longer temporary road closure, from midnight Thursday 7
April to midnight Sunday 10 April 2016, encompasses the Maitland Railway Station car
park and is requested for the set up and display of food and information stalls, rides and
amusements.
This year, due to road construction projects adjacent to the Maitland Railway Station
area, some parking facilities will be relocated from Athel D’Ombrain Drive to Allan Walsh
Drive.
OFFICER’S RECOMMENDATION
THAT Council approve the temporary road closures, traffic control measures and
Schedule of Conditions, as detailed in this report, for Steamfest 2016 to be held
from Saturday 9 April 2016 to Sunday 10 April 2016.
COUNCIL RESOLUTION
THAT Council approve the temporary road closures, traffic control measures and
Schedule of Conditions, as detailed in this report, for Steamfest 2016 to be held
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Maitland City Council | Ordinary Meeting Minutes P49
from Saturday 9 April 2016 to Sunday 10 April 2016.
Moved Clr P Garnham, Seconded Clr B Geoghegan
CARRIED
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13 ADMINISTRATION AND GOVERNANCE REPORTS
Nil
14 STRATEGY AND PERFORMANCE REPORTS
Nil
15 MAJOR PROJECTS REPORTS
Nil
16 HUMAN RESOURCES REPORTS
Nil
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17 ITEMS FOR INFORMATION
17.1 LOCAL TRAFFIC COMMITTEE MEETING NOVEMBER 2015 & DECEMBER
2015 MINUTES
FILE NO: 140/5
ATTACHMENTS: 1. MCC LTC November 2015 Minutes
2. MCC LTC December 2015 Minutes
RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works
Stephen Hawes - Manager Infrastructure Planning
and Development Engineering
Scott Henderson - Coordinator Infrastructure
Planning Engineering
AUTHOR: Kenneth Splatt - Traffic Officer
MAITLAND +10 Outcome 5. Moving around our City
COUNCIL OBJECTIVE: 5.1.3 To optimise the connectivity of the transport
network
EXECUTIVE SUMMARY
The minutes of Maitland City Council’s Local Traffic Committee Meetings held Thursday 5
November 2015 and Thursday 3 December 2015, are attached for Council’s information.
OFFICER’S RECOMMENDATION
THAT the information contained in this Report be noted.
COUNCIL RESOLUTION
THAT the information contained in this Report be noted.
Moved Clr B Geoghegan, Seconded Clr A Humphery
CARRIED
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17.2 AGL ENERGY LIMITED (AGL) GLOUCESTER TO TOMAGO GAS PIPELINE
PROJECT
FILE NO: 63/6
ATTACHMENTS: 1. Location Plan
RESPONSIBLE OFFICER: Graeme Tolhurst - Group Manager Administration &
Governance
AUTHOR: Frank Shrimpton - Coordinator Professional Services
MAITLAND +10 Outcome 4. Well-planned and integrated
infrastructure
COUNCIL OBJECTIVE: 4.2.2 To ensure that public utility infrastructure is
delivered to meet essential needs
Previous Items: 12.1 - Request by AGL Energy Limited (AGL) for
easement to support part of the Gloucester to Tomago
gas pipeline. - Ordinary Council - 10 Feb 2015
EXECUTIVE SUMMARY
AGL Energy Limited (AGL) has advised Council that the easement requested of Council to
support the Gloucester Gas Project (Gloucester to Tomago Gas Pipeline) will not be
required as the project will not be proceeding.
OFFICER’S RECOMMENDATION
THAT the information contained in this Report be noted.
COUNCIL RESOLUTION
THAT the information contained in this Report be noted.
Moved Clr P Garnham, Seconded Clr K Wethered
CARRIED
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18 NOTICES OF MOTION/RESCISSION
18.1 MAITLAND PARK PUBLIC TOILETS
NOTICE OF MOTION SUBMITTED BY CLR HENRY MESKAUSKAS
FILE NO: 35/7/4
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,
Environment & Lifestyle
Clr Henry Meskauskas has indicated his intention to move the following Notice of
Motion at the next Council Meeting being held on Tuesday, 8 March 2016:
THAT council open the toilets next to the council’s residence in Maitland Park.
Note:
Everyone using Maitland Park at the moment is asking why there is only one toilet open in
Maitland Park. The walkers, the visitors and the users use the park every day and there is
an urgent need for a second toilet to be opened.
I have received many requests as other councillors have and sporting bodies.
PROCEEDINGS IN BRIEF
A motion was moved as follows:
(Clrs H Meskauskas/B Whiting)
1. Council will investigate the use of the old netball building toilets as an interim
measure to improve public toilet availability in Maitland Park.
2. That Council will progress design of the Central Amenities Building in Maitland Park
with consideration of allocation of public toilets as part of the design brief.
COUNCIL RESOLUTION
3. Council will investigate the use of the old netball building toilets as an
interim measure to improve public toilet availability in Maitland Park.
4. That Council will progress design of the Central Amenities Building in
Maitland Park with consideration of allocation of public toilets as part of
the design brief.
Moved Clr H Meskauskas, Seconded Clr B Whiting
CARRIED