Minutes of Ordinary Meeting - 13 August 2019 · 8/13/2019 · Maitland City Council | Ordinary...

Maitland City Council I Ordinary Meeting Minutes

ORDINARY MEETING

MINUTES

13 AUGUST 2019

13 AUGUST 2019

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 ....... 2

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 ....................................................................... 3

10 GENERAL MANAGER'S REPORTS ........................................... 3

NIL

11 PLANNING AND ENVIRONMENT .......................................... 4

11.1 DA 18-2048 MULTI-DWELLING HOUSING - RETENTION OF

EXISTING DWELLING, CONSTRUCTION OF TWO (2)

DWELLINGS (1 X 3 BEDROOM AND 1 X 2 BEDROOM),

TORRENS TITLE SUBDIVISION (ONE (1) INTO TWO (2)

LOTS) AND STRATA SUBDIVISION OF THE TWO (2) UNITS -

LOT 5 SECTION 14 DP975590, 115 NEW ENGLAND

HIGHWAY RUTHERFORD RECOMMENDATION: APPROVAL ....... 4

11.2 DA 19-394 - SINGLE STOREY DWELLING - LOT 221

DP1242363, 21A LORN STREET, LORN

RECOMMENDATION: APPROVAL ............................................... 17

11.3 SUBMISSION TO THE DEPARTMENT OF PLANNING,

INDUSTRY AND ENVIRONMENT - NEW MAITLAND

HOSPITAL (STAGE 2), METFORD ROAD, METFORD (SSI-

9775) ............................................................................................ 25

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Maitland City Council | Ordinary Meeting Minutes Piii

11.4 MAITLAND LOCAL ENVIRONMENTAL PLAN 2011 REVIEW

(LEP HEALTH CHECK) .................................................................. 27

12 CULTURE, COMMUNITY AND RECREATION ........................ 29

12.1 SECTION 356 HIGH ACHIEVERS GRANTS PROGRAM ................. 29

13 INFRASTRUCTURE AND WORKS REPORTS .......................... 33

13.1 THE POURHOUSE OKTOBERFEST SPECIAL EVENT -

TEMPORARY ROAD CLOSURE ..................................................... 33

13.2 BIOSECURITY DELEGATIONS ...................................................... 35

14 STRATEGY, PERFORMANCE AND BUSINESS SYSTEMS

REPORTS ................................................................................ 38

14.1 CLASSIFICATION OF DRAINAGE RESERVES ................................ 38

14.2 OUTCOME OF APPLICATION – REGIONAL GROWTH FUND

- GROWING LOCAL ECONOMIES ................................................ 40

15 WORKPLACE CULTURE AND SAFETY ................................... 43

NIL

16 VIBRANT CITY ....................................................................... 43

NIL

17 ITEMS FOR INFORMATION ................................................... 44

17.1 ENVIRONMENTAL & WASTE INITIATIVES FOR THE 2018/19

FINANCIAL YEAR ......................................................................... 44

18 NOTICES OF MOTION/RESCISSION ..................................... 46

18.1 JAMES STREET RESERVE .............................................................. 46

19 QUESTIONS WITH NOTICE ................................................... 48

19.1 EMERGENCY SERVICES LEVY ....................................................... 48

20 URGENT BUSINESS ............................................................... 51

21 COMMITTEE OF THE WHOLE ................................................ 51

22 COMMITTEE OF THE WHOLE RECOMMENDATIONS ........... 51

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23 CLOSURE ................................................................................ 51

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Maitland City Council | Ordinary Meeting Minutes P1

PRESENT Cr Robert Aitchison

Cr Loretta Baker, Mayor

Cr Donald Ferris

Cr Peter Garnham

Cr Mitchell Griffin

Cr Sally Halliday

Cr Henry Meskauskas

Cr Ben Mitchell

Cr Nicole Penfold

Cr Philip Penfold

Cr Kanchan Ranadive

Cr Ben Whiting

Cr Mike Yarrington

1 INVOCATION

The General Manager, David Evans read the customary prayer at the

commencement of the meeting.

2 ACKNOWLEDGEMENT OF COUNTRY

Cr R Aitchison read the Acknowledgement of Country.

3 APOLOGIES AND LEAVE OF ABSENCE

Nil

4 DECLARATIONS OF INTEREST

Cr M Yarrington declared a significant non-pecuniary interest in Item 11.2 DA 19-

394 - Single Storey Dwelling - Lot 221 DP1242363, 21A Lorn Street, Lorn as he

knows the applicants and have discussed this item prior to the Council meeting.

Cr M Griffin declared a less than significant non-pecuniary interest in Item 11.3

Submission to the Department of Planning, Industry and Environment - New

Maitland Hospital (Stage 2), Metford Road, Metford (SSI-9775) due to being an

employee of NSW Health.

Cr M Griffin declared a significant non-pecuniary interest in Item 12.1 Section 356

High Achievers Grants Program due to close relationship with one of the

recommended applicants through his church.

13 AUGUST 2019


5 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

COUNCIL RESOLUTION

THAT the minutes of the Ordinary Meeting held 23 July 2019 be confirmed.

Moved Cr M Griffin, Seconded Cr S Halliday

CARRIED

The Mayor in accordance with Section 375A of the Local Government Act 1993 called

for a division.

The division resulted in 13 for and 0 against, as follows:

For: Cr R Aitchison Against:

Cr L Baker

Cr D Ferris

Cr P Garnham

Cr M Griffin

Cr S Halliday

Cr H Meskauskas

Cr B Mitchell

Cr N Penfold

Cr P Penfold

Cr K Ranadive

Cr B Whiting

Cr M Yarrington

6 BUSINESS ARISING FROM MINUTES

Nil

7 MAYORAL MINUTE

Nil

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS

OF BUSINESS

8.1 Acceptance of title change to Item 18.1 Stronger Country Communities Fund –

James Street Reserve.

New title: James Street Reserve

8.2 Acceptance of additional attachment to Item 19.1 Emergency Services Levy.

Moved Cr M Griffin, Seconded Cr B Mitchell

13 AUGUST 2019


CARRIED


for a division.



Cr L Baker

Cr D Ferris

Cr P Garnham

Cr M Griffin

Cr S Halliday

Cr H Meskauskas

Cr B Mitchell

Cr N Penfold

Cr P Penfold

Cr K Ranadive

Cr B Whiting

Cr M Yarrington

9 PUBLIC ACCESS

Nil

10 GENERAL MANAGER'S REPORTS

Nil

13 AUGUST 2019


11 PLANNING AND ENVIRONMENT

11.1 DA 18-2048 MULTI-DWELLING HOUSING - RETENTION OF EXISTING

DWELLING, CONSTRUCTION OF TWO (2) DWELLINGS (1 X 3 BEDROOM

AND 1 X 2 BEDROOM), TORRENS TITLE SUBDIVISION (ONE (1) INTO

TWO (2) LOTS) AND STRATA SUBDIVISION OF THE TWO (2) UNITS - LOT

5 SECTION 14 DP975590, 115 NEW ENGLAND HIGHWAY RUTHERFORD

RECOMMENDATION: APPROVAL

FILE NO: DA 18-2048

ATTACHMENTS: 1. Locality Plan

2. Development Plans (under separate cover)

3. Submissions

RESPONSIBLE OFFICER: Matt Prendergast - Group Manager Planning &

Environment

David Simm - Manager Development & Environment

Leanne Harris - Development Assessment Coordinator

AUTHOR: Amanda Wells - Town Planner

APPLICANT: Robert Richings

OWNER: Robert and Samantha Richings

PROPOSAL: Multi-Dwelling Housing – Retention of the existing

dwelling, construction of two (2) additional three (3)

bedroom dwellings, Torrens title subdivision to excise

the existing dwelling from the rear two (2) units and

Strata subdivision of the two (2) units.

LOCATION: Lot 5 Sec 14 DP975590, 115 New England Highway

Rutherford

ZONE: R1 General Residential

EXECUTIVE SUMMARY

Development consent is sought from Council for ‘Multi-Dwelling House – Retention of

Existing Dwelling, Construction of Two (2) Dwellings (1 x 3 bedroom and 1 x 2 bedroom),

Torrens Title Subdivision (1 into 2 Lots) and Strata Subdivision (of the new dwellings) on

land identified as Lot 5 Section 14 DP975590, No. 115 New England Highway Rutherford.

The land has an existing dwelling which is to be retained, and a detached garage, a pool

and other various structures to be demolished.

The subject land is zoned R1 General Residential pursuant to the Maitland Local

Environmental Plan 2011. The proposal is defined as ‘demolition’, ‘multi-dwelling housing’

and ‘Subdivision’ (Torrens Title and Subdivision Title) which are permissible forms of

development within the R1 zone. The proposal is considered to be consistent with the

13 AUGUST 2019


objectives of the zone as it will aid in providing a variety of housing types and densities as

well as increasing the availability of affordable housing.

The site has an area of approximately 1066.29m2 and contains a single storey residential

dwelling, a detached garage, a pool and various structures like sheds and an awning. The

subject land is of a regular configuration with a frontage to New England Highway to the

north east.

The application was placed on notification for a period of fourteen (14) days from 09

January 2019 to 23 January 2019 and during this timeframe one response was received

querying fencing and stormwater concerns however did not object to the proposal

providing these concerns were satisfied. A submission was received outside of the

notification which raised concern for privacy impacts from the two proposed new

dwellings as well as a perceived loss in property value.

An assessment of the proposal has been undertaken against Section 4.15 (1) of the

Environmental Planning and Assessment Act 1979 (NSW) as amended. The proposal is

considered to be appropriate for the following reasons:

The proposal is permitted with consent within the R1 General Residential zone and

is considered consistent with the relevant objectives of the zone;

The proposal has been assessed against the objectives and requirements of the

Maitland Development Control Plan 2011, specifically Part C – Design Guidelines,

C.8 Residential Design, C.10 Subdivision and C.11 Vehicular Access and Car Parking,

and is considered to be generally consistent; and

The proposal has been assessed against the relevant heads of consideration

pursuant to Section 4.15 (1) of the Environmental Planning and Assessment Act

1979 (NSW) and is considered to meet the objectives and requirements.

Accordingly, it is recommended that the application for multi-dwelling housing and

subdivision (Torrens Title and Strata Title) be approved by Council subject to conditions of

consent.

OFFICER’S RECOMMENDATION

That DA18-2048 for Multi-Dwelling Housing – Retention of Existing Dwelling,

Construction of Two (2) Dwellings (1 x 3 bedroom and 1 x 2 bedroom), Torrens Title

Subdivision (1 into 2 lots) and Strata Subdivision (of the new dwellings) at Lot 5

Section 14 DP975590, 115 New England Highway Rutherford be approved subject to

the conditions of consent set out in the attached schedule.

COUNCIL RESOLUTION

That DA18-2048 for Multi-Dwelling Housing – Retention of Existing Dwelling,

Construction of Two (2) Dwellings (1 x 3 bedroom and 1 x 2 bedroom), Torrens Title

Subdivision (1 into 2 lots) and Strata Subdivision (of the new dwellings) at Lot 5

Section 14 DP975590, 115 New England Highway Rutherford be approved subject to

13 AUGUST 2019


the conditions of consent set out in the attached schedule.

Moved Cr H Meskauskas, Seconded Cr P Garnham

CARRIED


for a division.



Cr L Baker

Cr D Ferris

Cr P Garnham

Cr M Griffin

Cr S Halliday

Cr H Meskauskas

Cr B Mitchell

Cr N Penfold

Cr P Penfold

Cr K Ranadive

Cr B Whiting

Cr M Yarrington

13 AUGUST 2019


SCHEDULE OF CONDITIONS

MULTI-DWELLING HOUSING, TORRENS SUBDIVISION & STRATA SUBDIVISION

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)

SD115NEW 2-5, 10 H 17.06.19 Sheer Designs

SD115NEW 08-09 I 10.07.19 Sheer Designs

806046-SWD 01-02 C 24.06.19 Forum Consulting Engineers

Site Analysis Plan 1 - 5.7.19 JK’s Garden Creations

Landscape Plan 2 - 5.7.19 JK’s Garden Creations

Specification Plan 3 - 5.7.19 JK’s Garden Creations

CONTRIBUTIONS & FEES

2. Pursuant to Section 4.17 of the Environmental Planning and Assessment Act

1979, and the Maitland City Wide Section 94 Contributions Plan 2016, a

contribution of $12,740 shall be paid to the Council.

The contribution is calculated from Council’s adopted Section 94 Contributions

Plan in the following manner:

Facility

1 x 2

B/Room

Unit

1 x Lot Total

2016 CW Aquatics Facilities $728 $984 $1,712

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2016 CW Comp Netball Courts Maitland Park $168 $228 $396

2016 CW Recreation & Open Space Facilities $608 $822 $1,430

2016 CW Multipurpose Centre Floor Space $478 $645 $1,123

2016 CW Library Floor Space $462 $623 $1,085

2016 CW Road & Traffic Facilities $2,414 $3,259 $5,673

2016 CW Cycleways/Shared Paths $430 $581 $1,011

2016 CW Plan Management/Administration $132 $178 $310

Total $5,420 $7,320 $12,740

The above contributions are indexed at least annually with reviewed rates to

apply from 1st February each year in accordance with the provisions of the

Maitland City Wide Section 94 Contributions Plan 2016. Please refer to

Council’s web page for the current rates applicable.

Payment of the above amount is required prior to issue of the Construction

Certificate or Subdivision Certificate for the development, whichever occurs

first.

The above condition has been applied to ensure that:

a) 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

7.11 of the Environmental Planning and Assessment Act, 1979.

b) Council’s administration expenses are met with respect to the processing

of the application.

CERTIFICATES & PLANS

3. Prior to issue of the Strata Certificate, all conditions relating to Development

Consent DA18-2048 shall be completed and/or satisfied and a Final Occupation

Certificate issued.

4. Prior to issue of each Subdivision Certificate, an original administration sheet

and four copies of the survey plans, shall be submitted to Council, together

with the payment of the applicable Subdivision Certificate fee current at the

date of issue.

5. Prior to the issue of the Subdivision Certificate, “house numbering” and

“subdivision certificate” fees, in accordance with Council’s Schedule of Fees and

Charges, shall be paid to Council.

13 AUGUST 2019


6. Prior to the commencement of works an application for a Construction

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

7. Prior to issue of the Construction Certificate and/or Subdivision Certificate

(whichever occurs first), a Compliance Certificate under Section 50 of the

Hunter Water Act 1991, for this development, shall be submitted to the

Accredited Certifier.

8. Prior to the issue of an Occupation Certificate all conditions of development

consent shall be complied with.

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

the Principal Certifying Authority.

10. 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.

11. The applicant shall submit to Council a “Notice of Commencement” form at

least two (2) days prior to the commencement of construction works.

12. (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.

13 AUGUST 2019


(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.

SUBDIVISION

13. Prior to the issue of a Subdivision Certificate:

a) The dwellings shall have reached lock up stage; and

b) A report/plan shall be provided from a Registered Surveyor showing that:

The setback of the buildings from the adjacent and proposed

boundaries meets the requirements of the BCA; and

All service lines are wholly contained within their respective lots or

an appropriate Easement or Easements have been shown on the

plan of survey and suitably described in the 88B instrument; or

c) A restriction on the title of the lots, under Section 88B of the Conveyancing

Act, shall be created which restricts the development of the land to that which

is approved within this consent (DA 18-2048).

Note: This condition is redundant where an Occupation Certificate has been issued

for each of the dwellings.

ACOUSTIC

14. Prior to the issue of Construction Certificate, the PCA is to provide Council with

confirmation that the following LAeq levels will not be exceeded:

(a) in any bedroom in the building—35 dB(A) at any time between 10.00 pm

and 7.00 am,

(b) anywhere else in the building (other than a garage, kitchen, bathroom or

hallway)— 40 dB(A) at any time.

LANDSCAPING

15. Prior to the issue of the Occupation Certificate, all landscaped areas of the

development shall be installed. The landscaped areas shall be kept free of

parked vehicles, stored goods, garbage or waste material and the like. These

areas shall be maintained in accordance with the approved landscape plan.

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

13 AUGUST 2019


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. The vegetation in the front setback of the existing dwelling shall be retained

where possible.

FENCING

18. Prior to the issue of the Subdivision Certificate and/or Occupation Certificate

(whichever occurs first), fencing shall be provided as per the approved plans,

with a new 1.8 metre high fence to be constructed along the boundaries of Lot 4

Section 14 DP975590 and Lot 12 Section 14 DP975590.

CARPARKING

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

approved plans, with a minimum allocation for the development of 1 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. Prior to the issue of the Subdivision Certificate, the carport for the existing

dwelling shall be constructed in accordance with the approved plan.

22. All parking bays shall be delineated. “Visitor parking” spaces shall be

signposted.

VEHICLE ACCESS

23. 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).

24. Prior to issue of the Occupation Certificate the driveway layout and profile

shall be constructed, strictly in accordance with the approved plans and 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)”.

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25. Prior to the issue of the Subdivision Certificate a concrete driveway within the

“handle” of “battle-axe” lots shall be provided in accordance with Council’s

Manual of Engineering Standards.

CIVIL WORKS

26. No works are permitted to commence on the site without a Construction

Certificate having been issued.

27. Prior to issue of the Subdivision Certificate, all necessary civil works required

for compliance with this consent and the Construction Certificate shall be

provided in accordance with Council's Manual of Engineering Standards.

STORMWATER DRAINAGE

28. 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) 2.5m³ of On-Site Detention (OSD) of stormwater for each dwelling, and

b) an emergency overland flow path for major storm events, that is directed

to the public drainage system, and

c) entrapment of gross pollutants, nutrients and hydrocarbons generated

from the contributing ground-surface catchment areas, and

d) conveyance where necessary, of stormwater through the site from

upstream catchments, (including roads and adjoining properties).

Strictly in accordance with drainage plan number 806046-SWD 01 & 02

revision C dated 24.06.19 by Forum Consulting Engineers and clauses 7.8.3

and drawing SD052 of Councils Manual of Engineering Standards.

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

with Council’s Manual of Engineering Standards to:

a) the street gutter with a “kerb adaptor” (see Council’s Standard Drawing),

b) stormwater pipes across the footway shall be “100mm sewer grade” and

shall be under-bored beneath any existing concrete path, or alternatively

by the removal of one complete slab segment between joints and replaced

in concrete, dowelled to the existing path and finished similar to the

adjoining surface.

EROSION CONTROLS

30. 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”.

13 AUGUST 2019


BUILDING CONSTRUCTION

31. All building work shall be carried out in accordance with the provisions of the

Building Code of Australia (BCA).

SITE REQUIREMENTS

32. 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.

33. All excavated and/or filled areas are to be retained or battered and suitably

drained so as to prevent any subsidence of the area and constructed so as to

deny any flow of water into the building.

Note: The submission of a separate Development Application is not required for a

retaining wall associated with this approval and indicated on the approved plans.

A Construction Certificate is required for all retaining walls which exceed 900mm in

height. Construction details for retaining walls may be included with the

Construction Certificate application for the building.

All proposed retaining walls, including any excavation, footings, drainage and

backfill shall be contained within the property boundaries. Retaining walls

and associated earthworks shall not impede or redirect the natural flow of

surface water from adjoining properties in a manner that creates nuisance.

34. 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).

13 AUGUST 2019


35. 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.

36. 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.

37. 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.

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

39. 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.

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

the development site.

41. 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

13 AUGUST 2019


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.

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

completion of the building.

LAND TITLE

43. An easement shall be created under Section 88B of the Conveyancing Act, and

in accordance with Council’s Manual of Engineering Standards, to cover the

first 6 metres of the shared driveway of proposed Lots 51 and 52 for a ‘Right of

Access’.

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 all works associated with the Construction Certificate

(CC) for the driveway corridor requires inspections by the Principal Certifying

Authority (PCA - being Council) as set out in the Manual of Engineering

Standards, and that a (Construction) Certification Fee applies in accordance with

Council’s Fees and Charges.

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”).

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.

13 AUGUST 2019


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.

Cr M Yarrington left the Chambers at 5.35pm

13 AUGUST 2019


11.2 DA 19-394 - SINGLE STOREY DWELLING - LOT 221 DP1242363, 21A LORN

STREET, LORN

RECOMMENDATION: APPROVAL

FILE NO: DA 19-394

ATTACHMENTS: 1. Locality Plan

2. Development Plans (under separate cover)

3. Submission


Environment


Leanne Harris - Development Assessment Coordinator

AUTHOR: Roxy White - Town Planner

APPLICANT: Gary and Lureen Kirkman

OWNER: Gary and Lureen Kirkman

PROPOSAL: Dwelling – Single Storey

LOCATION: 21A Lorn Street, LORN

Lot 221 DP1242363

RELATED APPLICATION: CC 2019-358

ZONE: R1 General Residential

EXECUTIVE SUMMARY

Council is in receipt of a development application (DA) and Construction Certificate

application seeking consent to construct a single storey dwelling with an attached double

garage. The proposed dwelling is to be a brick residence and includes five (5) bedrooms,

an open plan living, kitchen and dining area and a rear facing outdoor alfresco area. An

attached double car garage is proposed with frontage to Lorn Street.

The subject site is located at 21A Lorn Street, Lorn and is legally described as Lot 221 in

DP1242363. The proposed development site is zoned R1 General Residential pursuant to

the provisions of the Maitland City Council Local Environmental Plan (LEP) 2011 and

comprises an area of approximately 618sqm. The lot is identified under the LEP as being

within the Lorn Heritage Conservation Area, is affected by Flood Planning controls and is

Class 5 Acid Sulfate Soils (ASS).

The proposal was advertised and notified from the 27th May 2019 to 10 June 2019 for a

period of 14 days and received one (1) submission, within the advertised period. The

received submission objected to the development application.

This lot is a residential lot, recently created under DA 15-2471. The site is currently vacant

and has a fall in topography from the street to the rear. The site has access directly to

Lorn Street a sealed roadway that provides two way travel for local residential traffic.

13 AUGUST 2019


Surrounding the site are residential dwellings predominantly of single storey nature. New

dwellings adjoin the property to the north-west, while existing period dwellings are

located in the east and south. Developed rural blocks are located at the rear, are zoned

RU1 Primary Production, and are contains a single dwelling and associated development.

The property is not located within 200m of any heritage listed items.

The proposal is likely to result in some impact within the locality. The primary potential

for identified impacts could include streetscape presentation and garaging impacts. These

potential for impact has been addressed in the detail of this report. The development is

assessed as generally consistent with the design requirements of the DCP, the provisions

of the MLEP 2011 and any impact is not considered significant enough to warrant refusal

of the proposal.

An assessment of the application has been carried out under Section 4.15(1) of the

Environmental Planning and Assessment Act, 1979 as amended. The proposed

development is considered satisfactory in terms of the relevant matters for consideration

under the Act and the development application is recommended for approval subject to

conditions.


THAT

1. DA 19-394 for a Single Storey Dwelling on Lot 221 in DP1242363 at 21A Lorn

Street, LORN, be approved subject to the conditions of consent set out in

the attached schedule.

COUNCIL RESOLUTION

THAT

1. DA 19-394 for a Single Storey Dwelling on Lot 221 in DP1242363 at 21A Lorn

Street, LORN, be approved subject to the conditions of consent set out in

the attached schedule.

Moved Cr R Aitchison, Seconded Cr S Halliday

CARRIED


for a division.



Cr L Baker

13 AUGUST 2019


Cr D Ferris

Cr P Garnham

Cr M Griffin

Cr S Halliday

Cr H Meskauskas

Cr B Mitchell

Cr N Penfold

Cr P Penfold

Cr K Ranadive

Cr B Whiting

13 AUGUST 2019


SCHEDULE OF CONDITIONS

DWELLING (Development Application & Construction Certificate Application)

Reason for Conditions

The following conditions are applied to:

Confirm and clarify the terms of Council’s Approval;

Identify minor modifications and additional requirements that will result in improved

compliance, development and environmental outcomes; and

Draw to the attention of the applicant and owner their responsibility to comply with the

requirements of various legislation including but not limited to the Environmental Planning

and Assessment Act, 1979, Local Government Act 1993; relevant Regulations; Building Code of

Australia, Australian Standards and Local Policies relating to development works, building

construction and protection and enhancement of public health and the environment.

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)

207470 – Hunter Water

Stamped Plan

2/14 14 24.04.2019 McDonald Jones Homes

207470 – Building Plans

2-13 of

14 17 22.07.2019 McDonald Jones Homes

207470 - Subfloor Plan 1 of 1 17 22.07.2019 McDonald Jones Homes

External Colour Plan - - - Brickworks Building Products

Landscaping Plan 1 of 1 16 15.05.2019 McDonald Jones Homes

Landscaped pathway

image example - - 22.07.2019 -

2. The development shall be constructed of and finished with colours and materials from

the following schedule, or on a like for like basis:

Feature Material Colour

Walls /Brickwork Face Brick Taubmans “Grey Academy”

Wall Cladding

Timber Weatherboard

Of 180mm wide square edge profile Colorbond “Grey Academy”

Roof Sheet Metal – Custom Orb Colorbond “Basalt”

Driveway Concrete Pavers Dark/Grey Colouring

Gutter and Barge

Capping Sheet Metal Colorbond “Basalt”

13 AUGUST 2019


Fascia, Timber Posts

and Eaves Timber or Sheeting Taubmans “Winter Ice”

Garage Panel Sheet Metal “Perisher White”

3. The applicant shall submit to Council a “Notice of Commencement” form at least two

(2) days prior to the commencement of construction works.

4. The development or any portion of the development shall not be used or occupied

until an Occupation Certificate or Interim Occupation Certificate has been issued.

Where Council is nominated as the Principal Certifying Authority 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.

5. All building work must be carried out in accordance with the provisions of the

Building Code of Australia.

6. (1) Building work that involves residential building work (within the meaning of the

Home Building Act, 1989) must not be carried out unless the principal certifying

authority for the development to which the work relates has provided Council

with written notice of the following information:

(a) in the case of work to be done by a licensee under that Act:

(i) the licensee’s name and contractor licence number, and

(ii) of the name of the insurer by which the work is insured under Part 6

of that Act, or

(b) in the case of work to be done by any other person:

(i) the name of the owner-builder, and

(ii) if the owner-builder is required to hold an owner-builder permit under

that Act, the number of the owner-builder permit.

(2) A certificate purporting to be issued by an approved insurer under Part 6 of the

Home Building Act, 1989, that states that a person is the holder of an insurance

policy issued for the purposes of this clause, sufficient evidence that the person

has complied with the requirements of that part.

HERITAGE

7. All posts, fascia and barge boards shall be of timber construction.

8. All external posts shall have minimum square section dimension of 115 x 115mm.

9. All windows to the street and rear elevations shall be of timber or wide profile

aluminum construction.

10. Guttering shall be quad profile and round downpipes shall be used throughout.

13 AUGUST 2019


FLOODING

11. The floor level of all habitable rooms is to be a minimum of 500mm above the 1 in 100

year AEP flood level on the subject land (established at RL 8.03m AHD).

STORMWATER DRAINAGE

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

Council’s Manual of Engineering Standards, to the existing site drainage system, or the

street gutter with a “kerb adaptor” (see Council’s Standard Drawing), or as approved

by Council. Stormwater pipes across the footway shall be “100mm sewer grade” and

shall be under-bored beneath any existing concrete path, or alternatively by the

removal of one complete slab segment between joints and replaced in concrete,

dowelled to the existing path and finish similar to the adjoining surface.

SITE CONSIDERATIONS

13. 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.

14. All excavated and/or filled areas are to be retained or battered and suitably drained

so as to prevent any subsidence of the area and constructed so as to deny any flow of

water into the building.

Note: The submission of a separate Development Application is not required for a

retaining wall associated with this approval and indicated on the approved plans.

A Construction Certificate is required for all retaining walls, details for retaining walls

may be included with the Construction Certificate application for the building.

All proposed retaining walls, including any excavation, footings, drainage and backfill

shall be contained within the property boundaries. Retaining walls and associated

earthworks shall not impede or redirect the natural flow of surface water from

adjoining properties in a manner that creates nuisance.

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

below the level of the base of the footings of a building on an adjoining allotment of

land, the person having benefit of the development consent:

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

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

and

The owner of the adjoining allotment of land is not liable for any part of the cost of

work carried out for the purposes of this condition, whether carried out on the

allotment of land being excavated or on the adjoining allotment of land. (Includes a

public road and any other public place).

16. 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

13 AUGUST 2019


number of the Principal Certifying Authority (PCA) for the work. The sign shall also

display the name, address and telephone number of the Principal Contractor for the

work (or Owner/Builder) and shall state that unauthorised entry to the site is

prohibited. The sign must be maintained while the work is being carried out and is to

be removed when the work is completed.

17. Approved toilet facilities are to be provided, at or in the vicinity of the work site on

which the work involved in the erection or demolition of a building is being carried

out, at the rate of one toilet for every 20 persons or part of 20 persons employed at

the site. Toilet facilities in accordance with this Clause must be provided prior to

commencement of any works on the site.

18. The site is to be cleared of all building refuse and spoil immediately after completion

of the building.

19. No building materials, plant, equipment, refuse or spoil is to be deposited on or be

allowed to remain on Council's footpath or outside the boundaries of the

development site.

20. 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.

Note: Where building materials and/or refuse is found to have caused pollution beyond

the boundaries of the development site, the Council may issue infringement notices / fines

as prescribed under the Protection of the Environment Operations Act 1997.

21. 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.

22. 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”.

ANCILLARY PROVISIONS

23. 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.

13 AUGUST 2019


VEHICLE ACCESS

24. Prior to issue of the Final Occupation Certificate the driveway layout and profile shall

be constructed, in accordance with Council’s Manual of Engineering Standards, which

includes the retention of (or if damaged reconstruction as plain concrete of) any

existing footpath, and with reference to Council’s information document “Footway

Crossings (Driveways)”.

25. 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).

ADVICES

The following advices are limited in scope and should not be understood to encompass all areas of

responsibility of the consent holder, relating to the development.

A The owner should note that the issue of this development consent does not amount to

a release, variation or modification by Council of any covenant applicable to this

property and that any action taken by the applicant in accordance with the consent

which results in any loss or damage by way of breach of the covenant will not be the

responsibility of Council.

B You are advised that any damage to the existing street infrastructure (including

landscaping) at the property frontage resulting from construction of your development

must be repaired to Council’s standards. Where repairs are carried out by Council, the

person responsible for the damage shall be held liable for the cost of those repairs.

C You are advised that for the driveway works on the footway verge, inspection by Council

is required (eg formwork & reinforcement). Where a footpath exist across the driveway,

the path must remain undisturbed, or if damaged or inadequate, replaced with a plain

concrete finish. See Council’s “Application To Construct Private Works On Footway”). You

should contact Council (ph. 49 34 9700), giving at least 24 hours notice for inspections.

D You are advised that where underground works within the public road 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. All road pavement crossings are to

be under-bored.

E You are advised that where building activity cannot avoid occupation of the public road

reserve, (such as, for the erection of hoarding, scaffolding, partial closure) the

responsible person must gain separate approval from Council for the occupation.

F Standard Drawings referred to in this consent may be obtained on Council’s website

within the document “Manual of Engineering Standards”. Note that drawings on the

website are revised from time to time.

Cr M Yarrington returned to the Chambers at 5.36pm.

Cr M Griffin left the Chambers at 5.37pm.

13 AUGUST 2019


11.3 SUBMISSION TO THE DEPARTMENT OF PLANNING, INDUSTRY AND

ENVIRONMENT - NEW MAITLAND HOSPITAL (STAGE 2), METFORD

ROAD, METFORD (SSI-9775)

FILE NO: P35381

ATTACHMENTS: 1. EIS Executive Summary

2. Plans (under separate cover)

3. Draft Submission


Environment

Andrew Neil - Manager Strategic Planning

AUTHOR: Carolyn Maginnity - Strategic Planner

MAITLAND +10 Outcome 2. Community and recreation services and

facilities

COUNCIL OBJECTIVE: 2.3.3 To advocate for the provision of health and

education infrastructure that meets the needs of our

growing community

EXECUTIVE SUMMARY

The NSW Health Administration Corporation has lodged a State Significant Infrastructure

(SSI) application with the NSW Department of Planning, Industry and Environment (DPIE),

seeking the Minister for Planning and Public Spaces approval for the detailed design,

construction and operation of the new Maitland Hospital (NMH), located on the former

PGH Brickworks site in Metford Road, Metford.

The SSI, including the Environmental Impact Statement (EIS) is currently on public

exhibition and Council has been invited to provide comment on the proposal, including

advice on recommended conditions of approval.

The relevant Council officers have reviewed the EIS and have prepared a draft submission

to the DPIE. The purpose of this report is to provide an overview of the proposal and seek

Council’s endorsement of the formal submission, which will then be forwarded to the

Minister for Planning and Public Spaces.


THAT the attached submission on the New Maitland Hospital (Stage 2) State

Significant Infrastructure application be forwarded to the Department of

Planning, Industry and Environment and the General Manager be authorised to

make any final minor amendments.

COUNCIL RESOLUTION

13 AUGUST 2019


THAT the attached submission on the New Maitland Hospital (Stage 2) State

Significant Infrastructure application be forwarded to the Department of

Planning, Industry and Environment and the General Manager be authorised to

make any final minor amendments.

Moved Cr P Penfold, Seconded Cr S Halliday

CARRIED


for a division.



Cr L Baker

Cr D Ferris

Cr P Garnham

Cr S Halliday

Cr H Meskauskas

Cr B Mitchell

Cr N Penfold

Cr P Penfold

Cr K Ranadive

Cr B Whiting

Cr M Yarrington

Cr M Griffin returned to the Chambers at 5.44pm.

13 AUGUST 2019


11.4 MAITLAND LOCAL ENVIRONMENTAL PLAN 2011 REVIEW (LEP HEALTH

CHECK)

FILE NO: 103/172

ATTACHMENTS: 1. LEP Review/LEP Health Check Report (under

separate cover)


Environment

Andrew Neil - Manager Strategic Planning

AUTHOR: Pathum Gunasekara - Senior Strategic Planner

MAITLAND +10 Outcome 1. Sense of place and pride

COUNCIL OBJECTIVE: 1.5.1 To work with the community and key

stakeholders to identify and communicate our city's

future growth opportunities and challenges

EXECUTIVE SUMMARY

The recent amendment to the Environmental Planning and Assessment Act 1979 requires

local councils to prepare and implement Local Strategic Planning Statements (LSPS). The

LSPS sets out a 20-year vision for land use in the Maitland Local Government Area (LGA)

and provides a clear 'line of sight' between the higher-level priorities identified in the

Hunter Regional Plan 2036 (HRP) and Greater Newcastle Metropolitan Plan 2036 (GNMP),

down to the finer-grained planning at local level.

The LSPS will build on the 10-year community vision articulated in Maitland 10+

Community Strategic Plan (CSP) 2018-2028 to ensure that the local community's

aspirations, issues and priorities are appropriately captured and implemented at the local

level.

The LEP Health Check/LEP Review is the first step in developing a LSPS. The purpose of the

Review is to identify how closely aligned the Maitland Local Environmental Plan (LEP)

2011, together with other local plans, policies and strategies, with the priorities and

actions articulated in the GNMP 2036.

The Review emphasises that Maitland's local planning framework is reasonably consistent

with the priorities and actions in the GNMP 2036. In many aspects, Council is well on the

way to delivering those priorities and actions. It has also identified a number of areas

where the current local planning framework could be improved to better respond to

changing population, economy and land use. The Review identifies priorities and actions

for Council and additional works that need to be undertaken in order to move towards a

greater degree of compliance with the GNMP 2036.

The purpose of this report is to advise Council of the Maitland LEP 2011 Review and seek

endorsement to submit the LEP Review to the Department of Planning, Industry and

Environment for their consideration, and to commence the preparation of a LSPS for

Maitland LGA, based on the findings of this Review.

13 AUGUST 2019



THAT

1. Council endorses the Maitland Local Environmental Plan 2011 Review for

submission to the NSW Department of Planning, Industry and Environment

for consideration.

2. Council supports the preparation of a Local Strategic Planning Statements

for Maitland Local Government Area, based on the findings of this Review.

COUNCIL RESOLUTION

THAT

1. Council endorses the Maitland Local Environmental Plan 2011 Review for

submission to the NSW Department of Planning, Industry and Environment

for consideration.

2. Council supports the preparation of a Local Strategic Planning Statements

for Maitland Local Government Area, based on the findings of this Review.

Moved Cr P Garnham, Seconded Cr B Whiting

CARRIED


for a division.



Cr L Baker

Cr D Ferris

Cr P Garnham

Cr M Griffin

Cr S Halliday

Cr H Meskauskas

Cr B Mitchell

Cr N Penfold

Cr P Penfold

Cr K Ranadive

Cr B Whiting

Cr M Yarrington

Cr M Griffin left the Chambers at 5.47pm.

13 AUGUST 2019


12 CULTURE, COMMUNITY AND RECREATION

12.1 SECTION 356 HIGH ACHIEVERS GRANTS PROGRAM

FILE NO: 10/5/19

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: Judy Jaeger - Group Manager Culture, Community &

Recreation

Laurie D'Angelo - Manager Community and

Recreation

Emily Livens - Coordinator Recreation & Community

Planning

AUTHOR: Silva Gevorkyan - Administration Assistant

MAITLAND +10 Outcome 2. Community and recreation services and

facilities

COUNCIL OBJECTIVE: 2.3.2 To identify and deliver relevant and targeted

community education projects

EXECUTIVE SUMMARY

This report presents to Council a recommendation to fund requests for financial

assistance under Councils High Achievers Grant Program in accordance with Section 356

of the Local Government Act.


THAT Council approve the following requests for funding through the High

Achievers Grant Program as follows:

1. Indyana Ross, National Level, U15 NSW Country Girl Rugby Union - $450.00

2. Madison Clarke, National Level, Judo NSW - $450.00

3. Casey Clarke, National Level, Judo NSW - $450.00

4. Lachlan Crouch, National Level, Rugby League - $450.00

5. Molly Smith, International Level, Goalball - $750.00

6. Gabriella Howells, National Level, 2019 Australian All Schools Swimming

Championships- Multiclass - $450.00

7. Gabriella Howells, International Level, 2019 INAS Global Games - $750.00

8. Josie Dick, National Level, 2019 Schoolaerobics National Championships -

$112.50

9. Grace Rutherford, National Level, 2019 Schoolaerobics National Championships

- $112.50

10. Val Wright, National Level, 2019 Schoolaerobics National Championships -

$112.50

13 AUGUST 2019


11. Gemma Ellicott-Wright, National Level, 2019 Schoolaerobics National

Championships - $112.50

12. Clare Baxter, National Level, 2019 Schoolaerobics National Championships -

$112.50

13. Isis Aulsebrook, National Level, 2019 Schoolaerobics National Championships -

$112.50

14. Charlotte Harwood, National Level, 2019 Schoolaerobics National


15. Svenja Coetsee, National Level, 2019 Schoolaerobics National Championships -

$112.50

16. Glen Hoffman, International Level, International Tug of War Club


17. Josias Van Der Merwe, International Level, International Tug of War Club


18. Bayley Kennett, International Level, International Tug of War Club


19. Sebastian Hoffman, International Level, International Tug of War Club


20. Karl Gluber, International Level, International Tug of War Club Championships -

$187.50

21. Liam Strahinsky, International Level, International Tug of War Club


22. Joseph Pockett, International Level, International Tug of War Club


23. Amber Robertson, International Level, Australian Youth Men & Women

National Futsal Team - $750.00

24. Harrison Davis, International Level, BMX Australia - $750.00

25. Logan Smith, National Level, Indoor Sports NSW - $450.00

COUNCIL RESOLUTION

THAT Council approve the following requests for funding through the High

Achievers Grant Program as follows:

1. Indyana Ross, National Level, U15 NSW Country Girl Rugby Union - $450.00

2. Madison Clarke, National Level, Judo NSW - $450.00

3. Casey Clarke, National Level, Judo NSW - $450.00

4. Lachlan Crouch, National Level, Rugby League - $450.00

5. Molly Smith, International Level, Goalball - $750.00

6. Gabriella Howells, National Level, 2019 Australian All Schools Swimming

Championships- Multiclass - $450.00

7. Gabriella Howells, International Level, 2019 INAS Global Games - $750.00

8. Josie Dick, National Level, 2019 Schoolaerobics National Championships -

$112.50

9. Grace Rutherford, National Level, 2019 Schoolaerobics National Championships

- $112.50

10. Val Wright, National Level, 2019 Schoolaerobics National Championships -

13 AUGUST 2019


$112.50

11. Gemma Ellicott-Wright, National Level, 2019 Schoolaerobics National


12. Clare Baxter, National Level, 2019 Schoolaerobics National Championships -

$112.50

13. Isis Aulsebrook, National Level, 2019 Schoolaerobics National Championships -

$112.50

14. Charlotte Harwood, National Level, 2019 Schoolaerobics National


15. Svenja Coetsee, National Level, 2019 Schoolaerobics National Championships -

$112.50

16. Glen Hoffman, International Level, International Tug of War Club


17. Josias Van Der Merwe, International Level, International Tug of War Club


18. Bayley Kennett, International Level, International Tug of War Club


19. Sebastian Hoffman, International Level, International Tug of War Club


20. Karl Gluber, International Level, International Tug of War Club Championships -

$187.50

21. Liam Strahinsky, International Level, International Tug of War Club


22. Joseph Pockett, International Level, International Tug of War Club


23. Amber Robertson, International Level, Australian Youth Men & Women

National Futsal Team - $750.00

24. Harrison Davis, International Level, BMX Australia - $750.00

25. Logan Smith, National Level, Indoor Sports NSW - $450.00

Moved Cr H Meskauskas, Seconded Cr B Mitchell

CARRIED


for a division.



Cr L Baker

Cr D Ferris

Cr P Garnham

Cr S Halliday

Cr H Meskauskas

Cr B Mitchell

Cr N Penfold

13 AUGUST 2019


Cr P Penfold

Cr K Ranadive

Cr B Whiting

Cr M Yarrington

Cr M Griffin returned to the Chambers at 5.48pm.

13 AUGUST 2019


13 INFRASTRUCTURE AND WORKS REPORTS

13.1 THE POURHOUSE OKTOBERFEST SPECIAL EVENT - TEMPORARY ROAD

CLOSURE

FILE NO: 140/5

ATTACHMENTS: 1. Traffic Control Plan

RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works

Kevin Stein - Manager Engineering & Design

Scott Henderson - Coordinator Infrastructure

Planning Engineering

AUTHOR: Alison Marshall - Road Safety Officer

MAITLAND +10 Outcome 3. Community and iconic events

COUNCIL OBJECTIVE: 3.1.2 To support the delivery of vibrant and unique

community festivals and events

EXECUTIVE SUMMARY

The Pourhouse Bar in Maitland is seeking to temporarily close a section of Lee Street

Maitland adjacent to the bar premises 327 High Street Maitland, to hold an ‘Oktoberfest’

event on Saturday 28 September 2019.


THAT

1. A section of Lee Street Maitland, extending south from High Street for 40

metres (adjacent to 327 High Street Maitland – The Pourhouse Bar) be

temporarily closed to vehicular traffic from 8pm Friday 27 September 2019 to

midday Sunday 29 September 2019.

2. The signs and devices necessary to effect the temporary road closure also be

approved.

COUNCIL RESOLUTION

THAT

1. A section of Lee Street Maitland, extending south from High Street for 40

metres (adjacent to 327 High Street Maitland – The Pourhouse Bar) be

temporarily closed to vehicular traffic from 8pm Friday 27 September 2019 to

midday Sunday 29 September 2019.

2. The signs and devices necessary to effect the temporary road closure also be

13 AUGUST 2019


approved.

Moved Cr B Whiting, Seconded Cr D Ferris

CARRIED


for a division.



Cr L Baker

Cr D Ferris

Cr P Garnham

Cr M Griffin

Cr S Halliday

Cr H Meskauskas

Cr B Mitchell

Cr N Penfold

Cr P Penfold

Cr K Ranadive

Cr B Whiting

Cr M Yarrington

13 AUGUST 2019


13.2 BIOSECURITY DELEGATIONS

FILE NO: 99/3/1 & 40/1

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works

Ashley Kavanagh - Manager Works

Caine James - Operations Manager Recreation Works

AUTHOR: Terry Bignell - Biosecurity & Environmental

Operations Advisor

MAITLAND +10 Outcome 8. Managing the environment and natural

resources

COUNCIL OBJECTIVE: 8.1.1 To maintain and improve the quality, amenity

and integrity of the natural environment

EXECUTIVE SUMMARY

Maitland City Council, as the local control authority for the Maitland local government

area, has various functions in relation to the biosecurity risk posed by weeds. As part of

the development of Council’s policies and procedures relating to the Biosecurity Act 2015,

an updated appointment of authorised officers and delegation of other functions under

the Act is required.


THAT

1. Council rescind all previous Biosecurity Act 2015 delegations to Council

staff.

2. Council, as the local control authority, delegate to the General Manager, in

accordance with Section 375 of the Biosecurity Act 2015, the authority to

appoint authorised officers, pursuant to Section 372 of the Act.

3. The General Manager appoint the following Council employees as

authorised officers (weeds only) pursuant to Section 372 of the Biosecurity

Act 2015:

Chris James – Group Manager Infrastructure & Works

Ashley Kavanagh – Manager Works

Caine James – Operations Manager Recreation Works

Terry Bignell – Biosecurity & Environmental Operations Advisor

Robert Eyre – Team Leader Recreation Works - Weeds

13 AUGUST 2019


Jacob Bailey – Weed Control Assistant.

4. Council, as the local control authority, delegate to the General Manager all

of its functions under the Biosecurity Act 2015.

5. Council, as the local control authority, authorise the General Manager to

sub-delegate any function under the Biosecurity Act 2015 (in accordance

with section 375(2)).

COUNCIL RESOLUTION

THAT

1. Council rescind all previous Biosecurity Act 2015 delegations to Council

staff.

2. Council, as the local control authority, delegate to the General Manager, in

accordance with Section 375 of the Biosecurity Act 2015, the authority to

appoint authorised officers, pursuant to Section 372 of the Act.

3. The General Manager appoint the following Council employees as

authorised officers (weeds only) pursuant to Section 372 of the Biosecurity

Act 2015:

Chris James – Group Manager Infrastructure & Works

Ashley Kavanagh – Manager Works

Caine James – Operations Manager Recreation Works

Terry Bignell – Biosecurity & Environmental Operations Advisor

Robert Eyre – Team Leader Recreation Works - Weeds

Jacob Bailey – Weed Control Assistant.

4. Council, as the local control authority, delegate to the General Manager all

of its functions under the Biosecurity Act 2015.

5. Council, as the local control authority, authorise the General Manager to

sub-delegate any function under the Biosecurity Act 2015 (in accordance

with section 375(2)).

Moved Cr M Griffin, Seconded Cr P Garnham

13 AUGUST 2019


CARRIED


for a division.



Cr L Baker

Cr D Ferris

Cr P Garnham

Cr M Griffin

Cr S Halliday

Cr H Meskauskas

Cr B Mitchell

Cr N Penfold

Cr P Penfold

Cr K Ranadive

Cr B Whiting

Cr M Yarrington

13 AUGUST 2019


14 STRATEGY, PERFORMANCE AND BUSINESS SYSTEMS

REPORTS

14.1 CLASSIFICATION OF DRAINAGE RESERVES

FILE NO: 84/13

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: Leah Flint - Group Manager Strategy Performance and

Business Systems

AUTHOR: Barbara Thomson - Senior Property Advisor, Business

Systems, Property & Governance

MAITLAND +10 Outcome 18. A Council for now and future

generations

COUNCIL OBJECTIVE: 18.3.2 To ensure workplace systems and processes are

efficient and effective

EXECUTIVE SUMMARY

The development of residential areas within Maitland LGA is providing an increasing

amount of Drainage Reserves being vested in Council on registration of the subdivision

plan.

Classification of these Drainage Reserves should be Operational Land to maintain a

drainage network that efficiently manages the capturing and dissipation of stormwater.


THAT

1. The proposed resolution is that all Drainage Reserves vested in Council on

registration of subdivision plans be classified as Operational Land.

2. The proposed resolution is placed on public exhibition for 28 days.

COUNCIL RESOLUTION

THAT

1. The proposed resolution is that all Drainage Reserves vested in Council on

registration of subdivision plans be classified as Operational Land.

2. The proposed resolution is placed on public exhibition for 28 days.

Moved Cr P Garnham, Seconded Cr S Halliday

13 AUGUST 2019


CARRIED


for a division.



Cr L Baker

Cr D Ferris

Cr P Garnham

Cr M Griffin

Cr S Halliday

Cr H Meskauskas

Cr B Mitchell

Cr N Penfold

Cr P Penfold

Cr K Ranadive

Cr B Whiting

Cr M Yarrington

13 AUGUST 2019


14.2 OUTCOME OF APPLICATION – REGIONAL GROWTH FUND - GROWING

LOCAL ECONOMIES

FILE NO: 65/31

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: Leah Flint - Group Manager Strategy Performance and

Business Systems

AUTHOR: Kathleen Morris - Manager Integrated Planning and

Reporting

MAITLAND +10 Outcome 18. A Council for now and future

generations

COUNCIL OBJECTIVE: 18.1.1 To ensure the principles of sustainability

underpin Council's financial, economic, social,

governance and environmental decision-making

EXECUTIVE SUMMARY

As part of its Regional Growth Fund, the NSW State Government provided a $500

million Growing Local Economies fund to support job creation and economic

growth in regional NSW.

Following resolution of Council on 12 December 2017, funding opportunities were

explored through the submission of a short application to undertake around $51

million in infrastructure works within the Thornton Precinct. Works included the

upgrade of Weakleys and Glenwood Drive roundabout; upgrade of Glenwood Drive

between Weakleys Drive and Thornton Road; upgrade of Thornton Road to four

traffic lanes 500 metres north of Glenwood Drive; construction of traffic signals at

the intersections of Thornton Road with Glenwood Drive and Huntingdale Drive;

and duplication of bridge on Thornton Road to provide four lane capacity.

Council was subsequently advised that the short application was unsuccessful and

in June 2018 submitted a revised short application for $8.68 million to undertake

Thornton Precinct Road Network Upgrade Stage 1 - Thornton Road / Glenwood

Drive intersection upgrade.

Council has now been notified that the revised short application was also

unsuccessful.


THAT

13 AUGUST 2019


1. Council note that the short application to undertake upgrade works within

the Thornton Precinct, lodged under the Regional Growth Fund – Growing

Local Economies, was unsuccessful.

PROCEEDINGS IN BRIEF

A motion was moved.

(Cr M Griffin / Cr B Whiting)

THAT

1. Council note that the short application to undertake upgrade works within the

Thornton Precinct, lodged under the Regional Growth Fund – Growing Local

Economies, was unsuccessful.

2. Council notes the significant traffic issues which currently exist on Glenwood

Drive between Weakleys Drive and Thornton Road.

3. Council officers provide a report back to the Council an options to address this

traffic issue including timeframes by December 2019.

The motion when put to the meeting was declared carried.

COUNCIL RESOLUTION

THAT

1. Council note that the short application to undertake upgrade works within

the Thornton Precinct, lodged under the Regional Growth Fund – Growing

Local Economies, was unsuccessful.

2. Council notes the significant traffic issues which currently exist on

Glenwood Drive between Weakleys Drive and Thornton Road.

3. Council officers provide a report back to the Council an options to address

this traffic issue including timeframes by December 2019.

Moved Cr M Griffin, Seconded Cr B Whiting

CARRIED


for a division.


For: Cr L Baker Against: Cr R Aitchison

Cr D Ferris

13 AUGUST 2019


Cr P Garnham

Cr M Griffin

Cr S Halliday

Cr H Meskauskas

Cr B Mitchell

Cr N Penfold

Cr P Penfold

Cr K Ranadive

Cr B Whiting

Cr M Yarrington

13 AUGUST 2019


15 WORKPLACE CULTURE AND SAFETY

Nil

16 VIBRANT CITY

Nil

13 AUGUST 2019


17 ITEMS FOR INFORMATION

17.1 ENVIRONMENTAL & WASTE INITIATIVES FOR THE 2018/19 FINANCIAL

YEAR

FILE NO: 55/2

ATTACHMENTS: Nil


Environment


Deanne Nelson-Pritchard - Coordinator

Environmental Strategy & Programs

AUTHOR: Fiona Rowan - Environmental Engagement Officer

MAITLAND +10 Outcome 10. Our environmental footprint

COUNCIL OBJECTIVE: 10.3.1 To provide opportunity for residents to

participate in environmental education and

awareness programs and projects

EXECUTIVE SUMMARY

The 2018/19 financial year has been a busy one for the Environmental Strategy and

Programs Team.

Key programs have provided environmental education and participation opportunities for

the local community and have seen grants actioned to improve and maintain local

biodiversity and improve community knowledge on water use and reduction.


THAT the information contained in this Report be noted

COUNCIL RESOLUTION

THAT the information contained in this Report be noted

Moved Cr D Ferris, Seconded Cr B Mitchell

CARRIED


for a division.



13 AUGUST 2019


Cr L Baker

Cr D Ferris

Cr P Garnham

Cr M Griffin

Cr S Halliday

Cr H Meskauskas

Cr B Mitchell

Cr N Penfold

Cr P Penfold

Cr K Ranadive

Cr B Whiting

Cr M Yarrington

13 AUGUST 2019


18 NOTICES OF MOTION/RESCISSION

18.1 JAMES STREET RESERVE

NOTICE OF MOTION SUBMITTED BY CR MITCHELL GRIFFIN

FILE NO: 35/7/4

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: David Evans - General Manager

Chris James - Group Manager Infrastructure & Works

Cr Mitchell Griffin has indicated his intention to move the following Notice of Motion

at the next Council Meeting being held on 13 August 2019:

THAT

1. Council prepare a report on the status of the James Street reserve as part of

Council’s Open Space Strategy with potential options to amend the reserve from a

P3 site to a P2 site under the Asset Management Strategy with a goal of allowing for

play equipment and landscaping on the reserve.

2. This report be returned to council by November 2019.

Background:

The James Street Reserve is an area which is overdue for development as community

park land. This is because the site has been earmarked as a community park on

numerous occasions over the last three decades. These include the Morpeth

Management Plans in 1994 and 2000 where it was recommended that play

equipment and landscaping be installed.

Numerous groups and residents have been calling for this site to be developed as a

park for a number of decades. At present it remains an empty, unused reserve with a

wasted view of the farmlands to the south of Morpeth.

At present the reserve is listed as a P3 site under the Asset Management Strategy.

This means that the site is unable to be adopted as a strategic site for use as a

playground. Before this space can be considered it is required to be reclassified as a

P2 site which would allow for play equipment and landscaping to occur.

The site is unique in that it is located within the suburb, but away from the

commercial centre and provides a peaceful backdrop of the countryside overlooking

the local waterways. This provides an opportunity for local Morpeth families to walk

to their local playground. The size of the reserve also allows for future considerations

such as off-leash dog areas, handball half courts and amenities.

13 AUGUST 2019


Despite the parcel of land being reserved for a public park many years ago, the land

remains unused and under utilised.

COUNCIL RESOLUTION

THAT

1. Council prepare a report on the status of the James Street reserve as part of

Council’s Open Space Strategy with potential options to amend the reserve

from a P3 site to a P2 site under the Asset Management Strategy with a goal

of allowing for play equipment and landscaping on the reserve.

2. The report includes estimates of costs associated with any potential

improvements.

3. This report be returned to council by November 2019.

Moved Cr M Griffin, Seconded Cr B Whiting

CARRIED


for a division.


For: Cr R Aitchison Against: Cr D Ferris

Cr L Baker

Cr P Garnham

Cr M Griffin

Cr S Halliday

Cr H Meskauskas

Cr B Mitchell

Cr N Penfold

Cr P Penfold

Cr K Ranadive

Cr B Whiting

Cr M Yarrington

13 AUGUST 2019


19 QUESTIONS WITH NOTICE

19.1 EMERGENCY SERVICES LEVY

SUBMITTED BY CR ROBERT AITCHISON

FILE NO: 35/5/1

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: Jon Dundas - Manager Business Systems Property &

Governance

Cr Robert Aitchison has asked the following Question With Notice for the Council

Meeting being held on 13 August 2019:

In light of the State Government passing on the Emergency Services Levy on the 1st July

and after our budget for 2019/20 had been passed, can we please have an explanation

for;

1. How much will this cost Maitland City Council?

2. Do Council officers have any suggestions as to any services or programs that might

need to be cut to pay for this levy?

3. Is this a permanent and ongoing cost to Council?

RESPONSE BY MANAGER

Council has been contributing towards NSW State Emergency Service and Fire and

Rescue NSW for many years albeit via separate funding entities. Changes in 2018 saw

both levies managed by Revenue NSW and called the Emergency Services Levy (ESL).

Late last year, the NSW Government made changes to workers' compensation to

provide better protection for volunteer and career firefighters affected by work-

related cancers. As a result, this had led to an increase in the cost of providing

emergency services across NSW and will be shared between the State Government,

insurance providers and local councils through the Emergency Services Levy (ESL).

Local councils will continue to provide 11.7% of the ESL as legislated in the State

Emergency Service Act 1989.

Council's share of the ESL has increased by approximately 10.8% over 2018/2019 and

equates to an increase in financial terms of $76,939.81. Advice was received as to the

proposed increase prior to the adoption of the 2019/2020 budget and appropriate

adjustments were made. The total amount of $788,040.41 for the 2019/2020 ESL

contribution is within the amount budgeted for this financial year. No services or

programs will need to be changed to fund the ESL.

The ESL is an ongoing contribution for Council.

13 AUGUST 2019


13 AUGUST 2019


20 URGENT BUSINESS

Nil

21 COMMITTEE OF THE WHOLE

Nil

22 COMMITTEE OF THE WHOLE RECOMMENDATIONS

Nil

23 CLOSURE

The meeting was declared closed at 6.27 pm.

................................

Chairperson

Minutes of Ordinary Meeting - 13 August 2019 · 8/13/2019 · Maitland City Council | Ordinary...

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