OC 18112009 AGN - Cessnock City Council · PDF file · 2009-11-13QS91/2009 Drain...

This is of the Agenda of the Ordinary Council Meeting of the Cessnock City Council to be held on 18 November 2009

12 November 2009

To All Councillors Notice is hereby given, in accordance with the provisions of the Local Government Act 1993, that the next Ordinary Meeting of Council will be held in the Council Chambers, on Wednesday, 18 November 2009 at 6.30 pm, for the purposes of transacting the undermentioned business. AGENDA: PAGE NO. (1) OPENING PRAYER (2) ACKNOWLEDGEMENT OF TRADITIONAL LAND OWNERS (3) RECEIPT OF APOLOGIES (4) CONFIRMATION OF MINUTES OF PREVIOUS MEETING

Minutes of the Ordinary Meeting of Council held on 4 November 2009

(Distributed Separately)

(5) DISCLOSURES OF INTEREST DI19/2009 Disclosures of Interest ....................................................................5 (6) ADDRESS BY INVITED SPEAKERS The following people have been invited to address the meeting of Council:

Speakers Company Report Page No.

Duration

Mr Paul Horne

Prosperity Advisers

PM92/2009 - Financial Reports for the Year Ended 30 June 2009

142 7 mins

Joanne Capararo

EE85/2009 - Development Application 8/2009/408/1 - Three (3) Lot Subdivision

19 7 mins

Mr Gus Maher

EE90/2009 - Development Application 8/2008/521/1 - Branxton Shopping

Centre

54 7 mins

Briony Mitchell

EE90/2009 - Development Application 8/2008/521/1 - Branxton Shopping

Centre

54 7 mins


(7) CONSIDERATION AND ADOPTION OF INFORMATION REPORTS EITHER INDIVIDUALLY OR WITH NOMINATED EXCEPTIONS

CIR17/2009 Consideration and Adoption of Information Reports Either Individually or with Nominated Exceptions, or Englobo..................6

(8) BUSINESS OF WHICH NOTICE HAS BEEN GIVEN BN38/2009 Wallsend Aged Care Facility...........................................................7 (9) DEFERRED BUSINESS EE80/2009 Development Application No 8/2009/173/5 - Request for

Amendment to Increase Hours of Operation of Restaurant (McDonalds) - Kurri Kurri ................................................................9

EE85/2009 Development Application 8/2009/408/1 - Three (3) Lot Subdivision ...................................................................................19

(10) ENHANCING OUR NATURAL, DEVELOPED AND CULTURAL ENVIRONMENT EE88/2009 Proposed Public Swimming Pool Inspection And Education

Program........................................................................................35 EE89/2009 Development Application 8/2009/537/1 - Temporary Use -

Christmas Carols ..........................................................................39 EE90/2009 Development Application 8/2008/521/1 - Branxton Shopping

Centre...........................................................................................54 EE91/2009 Development Application No 8/2009/531/1 - New Dwelling -

Millfield Smallholdings ..............................................................123 (11) PROVIDING QUALITY SERVICES QS91/2009 Drain Oval, Cessnock Draft Plan Of Management .....................134 QS92/2009 Kurri Kurri Aquatic Centre Gymnasium Fees..............................137 ‡ QS93/2009 Resolutions Tracking Report ......................................................141 (12) PROFESSIONAL MANAGEMENT AND LEADERSHIP PM92/2009 Financial Reports for the Year Ended 30 June 2009..................142 ‡ PM93/2009 2008 Local Government Elections - NSWEC Summary.............148 ‡ PM94/2009 Investment Report - October 2009 .............................................151 PM95/2009 Quarterly Review of the 2009/2012 Management Plan as at

30 September 2009 ....................................................................158 PM96/2009 Minutes of the Policy Review Committee Meeting held 28

October 2009..............................................................................165 ‡ PM97/2009 Amending the Administration Building Opening Hours...............168 (13) ACTIVE PARTICIPATION AND COMMUNITY CONSULTATION AP23/2009 Community Strategic Plan ..........................................................174 AP24/2009 Annual Report for 2008/2009 .....................................................176 AP25/2009 Draft Places, Spaces and Faces - The Social and Cultural

Plan 2009-2014 for Cessnock Local Government Area .............178 (14) QUESTIONS WITHOUT NOTICE (15) COUNCILLORS' REPORTS


Our Vision Is for a safe, healthy environment where residents can enjoy a high quality of life. Our Cessnock City of the future will offer quality lifestyle and security, local services and shopping, local jobs, an unspoiled environment, safety, convenience, comfort and confidence in the future. Council’s Charter * To provide directly or on behalf of other levels of government after due consultation, adequate,

equitable and appropriate services and facilities for the community and to ensure that those services and facilities are managed efficiently and effectively.

* To exercise community leadership. * To exercise its functions with due regard for the cultural and linguistic diversity of its

community. * To properly manage, develop, protect, restore, enhance and conserve the environment of the

area for which it is responsible. * To have regard to the long term and cumulative effects of its decisions. * To bear in mind that it is the custodian and trustee of public assets and to effectively account

for and manage the assets for which it is responsible. * To facilitate the involvement of Councillors, members of the public, users of facilities and

services and Council staff in the development, improvement and co-ordination of Local Government.

* To raise funds for local purposes by the fair imposition of rates, charges and fees, by income earned from investments and, when appropriate, by borrowings and grants

* To keep the local community and State Government (and through it, the wider community) informed about its activities.

* To ensure that, in the exercise of its regulatory functions, its acts consistently and without bias, particularly where an activity of the Council is affected.

* To be a responsible employer. Council’s Values & Management Principles One Stop customer service Responsibility for quality of services Responsibility and accountability Flatter management structures and eliminate

duplication Continually seek improvement Recognise the dynamics of change Planning on management activities Adopt new approaches Improve communication mechanisms Protect and enhance the environment The leadership role of Council Fairness, equity, trust and integrity in all dealings Council’s Corporate Goals 1. To promote and provide quality services and facilities which focus on the needs of the

community. 2. To protect, enhance and promote our natural, developed and cultural environment. 3. To actively foster the creation of employment and sustainable development opportunities

acceptable to community and environmental standards. 4. To be a professionally managed and customer focused organisation which provides

leadership through partnerships with the community. 5. To identify needs, share information and provide opportunities for active participation and

community consultation.


Council adopted Model Code of Conduct Council adopted its current Code of conduct on 2 September 2009. This Code provides details of statutory requirements and gives guidance in respect of the way in which pecuniary and conflict of interest issues should be approached. Generally, the policies refer to the following issues: 1. Councillors are under an obligation at law to disclose any interest they may

have in any matter before the Council and to refrain from being involved in any consideration or to vote on any such matter

2. Councillors must disclose any interest in any matter noted in the business

paper prior to or at the opening of the meeting 3. The nature of the interest shall be included in the notification 4. Councillors shall immediately and during the meeting disclose any interest in

respect of any matter arising during the meeting which is not referred to in the business paper

5. All declarations of interest shall be recorded by the General Manager 6. All disclosures of interest shall as far as is practicable be given in writing 7. Any member having a pecuniary or non-pecuniary significant conflict of

interest shall leave the meeting and remain absent while the subject of the interest is being considered by Council.

8. The meeting shall not discuss any matter in which a councillor has a pecuniary

or non-pecuniary significant conflict of interest while the councillor is present at the meeting.

Report To Ordinary Meeting of Council - 18 November 2009

Disclosures Of Interest Report No. DI19/2009

Corporate & Community


SUBJECT: DISCLOSURES OF INTEREST AUTHOR: Corporate Administration Assistant - Robyn Larsen RECOMMENDATION That Councillors now disclose any interests and reasons for declaring such interest in the matters under consideration by Council at this meeting. SUMMARY The provisions of Chapter 14 of the Local Government Act, 1993 regulate the way in which Councillors and nominated staff of council conduct themselves to ensure that there is no conflict between their private interests and their public trust. The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest must be disclosed as soon as practicable after the start of the meeting and the reasons for declaring such interest. As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussions, voting on that matter, and require that member to vacate the Chamber. Council’s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code also provides for a number of ways in which a member may manage non pecuniary conflicts of interest. ENCLOSURES There are no enclosures for this report


Consideration and Adoption of Information Reports Report No. CIR17/2009



SUBJECT: CONSIDERATION AND ADOPTION OF INFORMATION REPORTS

EITHER INDIVIDUALLY OR WITH NOMINATED EXCEPTIONS, OR ENGLOBO

AUTHOR: Corporate Administration Assistant - Robyn Larsen RECOMMENDATION That Council deal with the following information reports by the nominated exception method. QS93/2009 Resolutions Tracking Report................................................................141 PM93/2009 2008 Local Government Elections – NSWEC Summary .....................148 PM94/2009 Investment Report – October 2009......................................................151 PM97/2009 Amending the Administration Building Opening Hours ........................167 SUMMARY In accordance with the Council’s Code of Meeting Practice reports for the information of Council are provided for adoption either individually, by nominated exception or englobo. ENCLOSURES There are no enclosures for this report


Business of which Notice Has Been Given Report No. BN38/2009

General Manager's Unit


BUSINESS OF WHICH NOTICE HAS BEEN GIVEN NO. BN38/2009

SUBJECT: WALLSEND AGED CARE FACILITY COUNCILLOR: James Ryan

MOTION That Cessnock City Council: 1. Congratulates the community of Wallsend for their steadfast defence of public

health facilities in their area 2. Supports the community campaign to keep the Wallsend Aged Care facility as a

publicly owned and operated health facility 3. Writes to the NSW Premier, Nathan Rees and to the NSW Minister for Health,

Carmel Tebbut, urging the NSW Government to retain Wallsend Aged Care as a public sector facility, with copies to the NSW Leader of the Opposition, Barry O'Farrell, and to the NSW Shadow Minister for Health, Jillian Skinner.

4. Arranges a visit by councillors to the community picket line, as a gesture of

support for the community campaign, and to discuss with campaign participants how council might further assist them in their campaign.

It is my intention to move the above motion at the next Ordinary Meeting of Council on 18 November 2009. RATIONALE Councillors will be aware that members of the Wallsend community have initiated a grassroots community campaign (including an ongoing picket-line) to save the Wallsend Aged Care facility from privatisation by the NSW government. The Wallsend Aged Care facility is the largest care centre of its kind in the Hunter Valley and provides essential, high quality nursing care for extreme-need cases, including for young people with rare and special illnesses that are not accommodated in local private nursing care facilities. The proposed privatisation of the facility would place both the quality and scope of the current service at risk. The site and buildings also occupy a special place in the Wallsend community. The land on which the facility is located was donated to the community by the Newcastle Wallsend Mining Company, and the hospital was built with money raised by miners.


Business of which Notice Has Been Given Report No. BN38/2009

General Manager's Unit


The current facility was established after the controversial closure of Wallsend Hospital in 1991, which stimulated a long term community picket that ended in 1993. Earlier this year, a petition with more than 10,000 signatures supporting the current community campaign was tabled in the NSW parliament. The NSW Legislative Council has recently voted to support keeping the facility in public hands, under the operation of the Department of Health. This motion would establish council's general support for the community campaign, to convey this support to the NSW government, and to explore other ways that the council can support the community in this important issue.

Sgd: James Ryan

Date: 3 November 2009 ENCLOSURES There are no enclosures for this report


Our Natural, Developed and Cultural Environment Report No. EE80/2009

City Planning


SUBJECT: DEVELOPMENT APPLICATION NO 8/2009/173/5 - REQUEST FOR

AMENDMENT TO INCREASE HOURS OF OPERATION OF RESTAURANT (MCDONALDS) - KURRI KURRI

AUTHOR: Senior Town Planner - Rod Sandell Ordinary Meeting of Council at its meeting on 4/11/2009 resolved that the matter be deferred to a future meeting RECOMMENDATION That the Development Application No. 8/2009/173/5 for an amendment to consent to increase hours of operation of restaurant (McDonalds) on Lots 246 & 247 DP 755259 and Lot 335 DP 728999 Nos 3-7 Tarro Street Pelaw Main be determined pursuant to S96 of the Environmental Planning and Assessment Act 1979 by the granting of an amended consent subject to the following amended Condition No. 4. Original Condition 4 The hours of operation of the McDonalds Restaurant and drive-thru facility shall be restricted to:- Sunday - Wednesday 6.30am to 10.00pm Thursday 6.30am to 11.00pm Fridays and Saturdays 6.30am to 11.30pm Reason To reduce the risk of anti-social behaviour in the locality and ensure that the proposed development is unlikely to have an adverse impact on the amenity of the adjacent residential area. Amendment to Condition No. 4 The hours of operation of the McDonalds Restaurant and drive-thru facility shall be restricted to:- . Sunday – Wednesday 5.00am to 10.00pm Thursday 5.00am to 11.00pm Fridays and Saturdays 5.00am to 11.30pm Reason To reduce the risk of anti-social behaviour in the locality and ensure that the proposed development is unlikely to have an adverse impact on the amenity of the adjacent residential area. REASON FOR REPORT

To consider amendment to application (including public notification) of application previously considered by Council.



City Planning


APPLICANT

McDonalds Australia Ltd C/- Insite Planning Engineering Economic and Social Consultants

OWNER

Kurri Kurri Bowling Club

APPLICATION LODGED

5 August 2009

PROPERTY ADDRESS

Lots 246 & 247 DP 755259 and Lot 335 DP 728999 Nos 3-7 Tarro Street Pelaw Main

AREA

Lot 246: 1.2ha Lot 247: 5159 m2 Lot 335: 8213 m2

ZONING

Part Rural 1(a) and Part 6(a) (Open Space Zone)

MAP

45

63

254

72

116

1920

18

32

117

19

7 6

32

54

262

20

DP7589261/2

3

98

7

54

21

1011129

8

4

3

10

21

17

15

218

16

1413

65

6

54

7

3

DP755231774

109

8

78

8

5

4

7

1110

98

1

DP758926

2

3

1

37

5

7

6

34

36

1

38

34

10 9

35

6

4039

246DP755259

DP755259247

DP728999335

8

33

32

29 30

7

31

9

13

22

2827

11

DP81232720

3

65

10

11

4

87

13

6

7

12109

11

148

11

121314

910

B

C

3 4

10

11

5

618

719

8

9

16

1819

21

20

17

15

4

1213

54

31415

11

2

10

12

18

15167

6

1

28

3

B13172

8 2

1

16

1711001

3

4

PT

1819

17

4

3

5

7

6

152

16

2 3

1

4

2

PT

5

21

3

41819

17

20

1

5

4101112

9

3

2

13

20

9 BA

11112 110

2

1

66

3

71

5

4

5

19

18

17

151671

14

21

20

2

11

76

1

5

43

A 19 8

12

21

1617

PT

18 19

2324

26

2513

B

12 21

14

2

1

3

1

2

14

A

15

17185

41920

2

166

152232

1

19

21

8

9B

15

6

5

3

1819

17D

P75859012/44

12

3

13

12

10

91 92

11

DP758834/22

DP755259138

72

6

41

16 1

61

1110

130

131

1211

60

1112

MMMMMMMMMAAAAAAAAAIIIIIIIIINNNNNNNNN

LLLLLLLLLAAAAAAAAANNNNNNNNNDDDDDDDDD

SSSSSSSSSTTTTTTTTT

TTTTTTTTTIIIIIIIIIOOOOOOOOONNNNNNNNN

OOOOOOOOORRRRRRRRROOOOOOOOONNNNNNNNNAAAAAAAAA

SSSSSSSSSTTTTTTTTT SSSSSSSSSTTTTTTTTT

LLLLLLLLL CCCCCCCCCDDDDDDDDDIIIIIIIIILLLLLLLLL

DDDDDDDDDDDDDDDDDDUUUUUUUUULLLLLLLLLEEEEEEEEEYYYYYYYYY SSSSSSSSSTTTTTTTTT

OOOOOOOOO LLLLLLLLLBBBBBBBBBIIIIIIIIINNNNNNNNN

SSSSSSSSSTTTTTTTTT

TTTTTTTTT

EEEEEEEEEMMMMMMMMM

RRRRRRRRRTTTTTTTTTHHHHHHHHHYYYYYYYYYRRRRRRRRR SSSSSSSSS SSSSSSSSSTTTTTTTTT

EEEEEEEEE

TTTTTTTTT

CCCCCCCCCAAAAAAAAASSSSSSSSS YYYYYYYYY

CCCCCCCCCLLLLLLLLLOOOOOOOOOSSSSSSSSSEEEEEEEEE

AAAAAAAAA

DDDDDDDDDUUUUUUUUU

EEEEEEEEEDDDDDDDDDWWWWWWWWWRRRRRRRRRDDDDDDDDD

EEEEEEEEEDDDDDDDDDLLLLLLLLL

YYYYYYYYY

SSSSSSSSS

HHHHHHHHHTTTTTTTTT

OOOOOOOOORRRRRRRRRNNNNNNNNNTTTTTTTTT

YYYYYYYYY SSSSSSSSSTTTTTTTTT

DDDDDDDDD SSSSSSSSSTTTTTTTTT

PPPPPPPPP

MMMMMMMMMDDDDDDDDDEEEEEEEEENNNNNNNNN

SSSSSSSSSTTTTTTTTT

EEEEEEEEEDDDDDDDDDWWWWWWWWWAAAAAAAAARRRRRRRRR

HHHHHHHHHAAAAAAAAA

PPPPPPPPP

NNNNNNNNNGGGGGGGGG SSSSSSSSSTTTTTTTTT

OOOOOOOOOKKKKKKKKK

LLLLLLLLLEEEEEEEEE LLLLLLLLLAAAAAAAAALLLLLLLLL OOOOOOOOO

SSSSSSSSS

OOOOOOOOONNNNNNNNN

SSSSSSSSSTTTTTTTTT TTTTTTTTT

IIIIIIIIIMMMMMMMMMIIIIIIIIILLLLLLLLLLLLLLLLLLFFFFFFFFF EEEEEEEEELLLLLLLLLDDDDDDDDD

HHHHHHHHH

TTTTTTTTT

SSSSSSSSSOOOOOOOOO

RRRRRRRRRTTTTTTTTT

SSSSSSSSS

TTTTTTTTT

KKKKKKKKKOOOOOOOOOLLLLLLLLLBBBBBBBBBIIIIIIIIINNNNNNNNN SSSSSSSSSTTTTTTTTTTTTTTTTTT

RRRRRRRRR

BBBBBBBBB OOOOOOOOO UUUUUUUUUNNNNNNNNNDDDDDDDDDAAAAAAAAA

LLLLLLLLLLLLLLLLLL

AAAAAAAAANNNNNNNNN

DDDDDDDDDAAAAAAAAA

EEEEEEEEE

SSSSSSSSS

PPPPPPPPPIIIIIIIIINNNNNNNNN SSSSSSSSS

AAAAAAAAALLLLLLLLL

PPPPPPPPPOOOOOOOOO

CCCLLLLLLLLLEEEEEEEEE

HHHHHHHHHRRRRRRRRR

OOOOOOOOONNNNNNNNNDDDDDDDDDDDDDDDDDDAAAAAAAAA SSSSSSSSSTTTTTTTTT

TTTTTTTTT

AAAAAAAAALLLLLLLLLLLLLLLLLLSSSSSSSSSEEEEEEEEENNNNNNNNNDDDDDDDDD SSSSSSSSS

SSSSSSSSSTTTTTTTTTWWWWWWWWW

TTTTTTTTT

RRRRRRRRRIIIIIIIIINNNNNNNNNGGGGGGGGG

MMMMMMMMMAAAAAAAAAIIIIIIIIIMMMMMMMMMUUUUUUUUULLLLLLLLLBBBBBBBBB

TTTTTTTTTAAAAAAAAARRRRRRRRRRRRRRRRRROOOOOOOOO

SSSSSSSSSTTTTTTTTT

RRRRRRRRRAAAAAAAAAIIIIIIIIILLLLLLLLLWWWWWWWWWAAAAAAAAAYYYYYYYYY SSSSSSSSSTTTTTTTTT

SUBJECT LANDSUBJECT LANDSUBJECT LAND



City Planning


PROPOSAL

The application for amendment seeks to amend condition 4 of the consent granted by Council by increasing the hours of operation of the proposed McDonalds restaurant. Condition 4 states:- “The hours of operation of the McDonalds Restaurant and drive-thru facility shall be restricted to:- Sunday - Wednesday 6.30am to 10.00pm Thursday 6.30am to 11.00pm Fridays and Saturdays 6.30am to 11.30pm The applicant has requested that condition 4 be amended as follows:- “The hours of operation of the McDonalds restaurant and drive-thru facility shall be restricted to:- Sunday – Thursday 5.00am to 11.00pm Fridays and Saturdays 5.00am to midnight The applicant argues that the proposed amendment is considered reasonable and justified for the following reasons:- * The proposed operating hours are reflective of the peak demand

from the clients of McDonald’s family restaurants. * It is noted that Council has declined to support 24hr trading as

requested in the original development application. Our client is prepared to accept Council’s decision on this matter and not appeal the decision given Council has noted in its report that the issue can be revisited in the future when the store has been operating for a period of time and the impacts can be more specifically identified. However the hours do not reflect the core business hours in which our client’s restaurants operate. In this respect the times submitted will ensure project viability.

* In terms of the proposed 5.00am opening time the following is

noted:

Given the location of the restaurant on the major entry/exit route to the southern end of Kurri Kurri, there will be significant demand from passing trade for breakfast/morning coffee etc. Given the high number of industry shift workers that will pass the site daily, an opening time of 6.30am is far too late to adequately service this demand. The target market for the McDonald’s breakfast menu is passing trade and a 5.00am opening time would sufficiently cater for this demand.

There should be no risk of anti-social behaviour occurring associated with the 5am opening time.



City Planning


It is unlikely that customers will dine outside of the restaurant during early morning trading. This will result in no adverse impacts on nearby neighbours.

* In terms of the proposed 11.00pm (Sunday to Thursday) and

midnight (Friday and Saturday) closing times, the following is noted:

The McDonald’s family restaurant will close no later than any of the licensed establishments operating in the Kurri Kurri area. This will ensure that people will not congregate at the McDonald’s restaurant after the licensed establishments have closed as the McDonald’s restaurant will have also closed.

Our client is also confident that the security arrangements to be implemented will ensure that the restaurant will operate safely and efficiently during these late night hours. These measures include:

i) CCTV to be in place throughout the restaurant; and ii) A regular ‘walk through’ will be undertaken by the store

manager as a means of providing ongoing monitoring and a quick response should any issues arise.

* The Atkins Acoustics Noise Assessment and design of the

McDonald’s Restaurant approved by Council demonstrates that the proposed operating hours will not cause any adverse impacts to nearby residents.

* The proposed operating hours will further stimulate the local

economy and create increased employment hours for local employees.

* The proposal is minor in nature and will generate no adverse

environmental impacts.

BACKGROUND

At its meeting of 15 July 2009 Council resolved to grant consent to a development application for the construction of a refreshment room (McDonalds Restaurant) and boundary adjustment subject to a number of conditions. The application proposed the restaurant on the basis of a 24 hour/7 days a week basis or for a twelve (12) month trial period. Assessment of the application concluded that a 24/7 operation would encourage the use of the site as a meeting place and was likely to result in anti-social behaviour at the site. Such anti-social behaviour together with noise and headlight glare from vehicles exiting the site was considered to have an adverse impact on the amenity of the adjoining residential area. Council consequently did not support the 24/7 operation but agreed to consent to the application on the basis that the hours would be



City Planning


restricted to those of the existing Cessnock McDonalds restaurant which had operated successfully in close proximity to residential development for a number of years. Council’s decision in not supporting a trial was based on the premise that a better way forward for any trial, should Council be of a mind to support one, would be for Council to consider it once the proposed restaurant has been built and operating for a considerable time. This would give Council the opportunity to observe the social ‘gatherings’ at the site during the restricted trading hours.

SITE DESCRIPTION

The subject site for the proposed restaurant is located immediately to the south of the existing sealed car parking area associated with the Kurri Kurri Bowling Club. The proposed McDonalds site is rectangular in shape with an area of approximately 3,299 square metres. The site slopes gently towards the rear and contains the endangered ecological community identified as Lower Hunter Spotted Gum-Ironbark Forest. Fifteen (15) mature trees and shrubs are proposed to be removed as a consequence of the proposed restaurant development. Adjoining land is owned by the Crown and the Kurri Kurri Bowling Club. The land is utilised as open space by local residents. Land to the west on the opposite side of Tarro Street is zoned for residential purposes and is occupied by dwellings on standard quarter acre lots. The closest residential property is approximately 45 metres from the proposed access to the restaurant. The Kurri Kurri and District Pre-School Kindergarten is located in close proximity to the Tarro/Railway Street roundabout. Tarro Street (at the location of the proposed development site) is bitumen sealed, approximately 11 metres wide with a single 3 metre wide traffic lane in each direction and 2 metre wide road shoulders.

ENVIRONMENTAL PLANNING INSTRUMENTS

Cessnock Local Environmental Plan 1989 Draft Local Environmental Plan 2009.

CONSULTATION

a) NSW Police (Crime Prevention Officer) b) Council’s Environmental Health Co-ordinator for advice on

Acoustic Impact c) Council’s Social Planner for advice on Social Impacts d) Local residents. In accordance with the provisions of the Cessnock DCP 2006 (Part B Chapter 2: Public Notification and Advertising) the amended application was notified for a two (2) week period from 14 August to 28 August 2009. Council received seven (7) letters from local residents objecting to any change from the hours previously agreed to by Council at its meeting of 15 July 2009. Residents state that they believe that the 5am starts will have a negative impact on their lives as will later opening times. This



City Planning


issue is further discussed below. PLANNING ASSESSMENT

All heads of consideration detailed under Section 79C of the Environmental Planning and Assessment Act, 1979, as amended, have been taken into consideration in the assessment of this application with the following relevant matters identified: a. The Provisions of any Environmental Planning Instrument Cessnock Local Environmental Plan, 1989 The zoning of the proposed restaurant site is 1(a) Rural ‘A’ and under the provisions of the Plan the proposed McDonalds restaurant is permissible with the consent of Council within the zone as a ‘refreshment room’. There are no other relevant provisions of the Plan in relation to the proposed amendment. Draft Local Environmental Plan 2009. The proposed restaurant is a permissible use in the proposed RU2 Rural Landscape zone under the provisions of this Plan. b. The Provisions of any Development Control Plan There are no other specific provisions within the Cessnock Development Control Plan 2006 relevant to the proposed development. c. The Likely Impacts of That Development Previous Consideration The proposed McDonalds restaurant will be located in an isolated area in relation to the Kurri Kurri urban area and commercial centre while at the same time being at the gateway to the town from the City of Newcastle. Previous consideration of the application for the McDonalds restaurant on the site revolved around issues of noise emissions associated with the hours of operation of the proposed restaurant and their impact on the adjacent residential area and the risk that the site would become a “meeting place” and would be likely to result in anti-social behaviour late into the evening. These issues have been reconsidered in the light of the applicant’s amendment.



City Planning


Noise A noise assessment report accompanied the original application for a 24/7 operation of the restaurant and identified the primary sources of noise emissions as those associated with mechanical plant , the proposed outdoor dining terrace, drive-thru facility and car park activities. The noise assessment report made nine (9) recommendations in order to mitigate noise emissions likely to cause disturbances. A review of the noise report concluded that the operation of the restaurant 24/7 could not be supported as the night time activities in particular were likely to have an adverse impact on the surrounding residences. It was considered that the restriction on the use of parts of the restaurant late in the evening would not adequately mitigate the noise from people talking or from activities taking place within the car park or drive-thru when there were minimal background noise levels. Noise from car doors closing, car music systems, loud talking and the use of motorbikes are unable to be controlled at these times. These circumstances have not changed and the applicant’s request for an extension of the hours of operation into the evening offers no additional measures to mitigate any noise nuisances associated with the restaurant’s activities. The applicant does state that “the McDonalds family restaurant will close no later than any of the licensed establishments operating in the Kurri Kurri area. This will ensure that people will not congregate at the McDonald’s restaurant after the licensed establishments have closed as the McDonalds restaurant will have closed.” It is considered that this commitment by the applicant will be difficult to achieve as a phone survey of licensed establishments in the Kurri Kurri area indicates that such premises may close substantially earlier than stated times depending on the number of clients that remain on the premises in the evening. In terms of the request for earlier opening times for the restaurant it is considered that the likelihood of noise nuisances being created at these times should be substantially reduced and the applicant’s arguments have some merit. In addition to the points raised by the applicant it is also considered that the majority of clients to the restaurant early in the morning are likely to utilise the drive-thru facility on their way to work. Therefore noise from car doors closing and people talking in the car parking area or restaurant should be considerably reduced at these times. Safety, Security and Crime Prevention In relation to the issue of possible anti-social behaviour associated with the restaurant’s activities the application for the amendment has again



City Planning


been referred to the NSW Police Force Crime Prevention Officer (Central Hunter Local Area Command) for comment. The Officer has advised that:-

“The earlier opening hours (5am) would assist motorists travelling John Renshaw Drive, the F3 or The Gap route to get refreshments and/or refresh themselves prior to or during a journey. This is a safe driving practice endorsed by Federal and State authorities, and would be supported by the Central Hunter LAC as a positive strategy.

It is felt that the later trading times would not have an adverse effect on policing resources, as the restaurant will either be closed before, or at a similar time, to licensed premises in the area. The suggested amendments are unlikely to attract those patrons.

Central Hunter Local Area Command has no objection to the proposed amendments.

The view of the Central Hunter Local Area Command is shared by Council’s Social Planner.

STRATEGIC LINKS

Management Plan The assessment of this application supports Council’s Second Goal – To protect, enhance and promote our natural, developed and cultural environment. a. Other Plans N/A

STATUTORY IMPLICATIONS

a. Policy and Procedural Implications The applicant may appeal the restricted trading hours in the Land and Environment Court. However it has indicated that it is prepared to accept Council’s decision to decline 24/7 hours of operation as it can be revisited in the future when the store has been operating for a period of time and the impacts can be more specifically identified. b. Financial Implications An appeal in the Land and environment Court could be at considerable financial cost to Council. c. Legislative Implications Nil



City Planning


d. Risk Implications The present and proposed restriction on the hours of operation of the restaurant represent a reasonable compromise to minimise any likely conflict arising between members of the local community and the restaurant operators and are able to be further reviewed once the restaurant is in operation. e. Other Implications Nil

OPTIONS

1. Approve the proposed amendments as requested. 2. Refuse the proposed amendments subject to valid reasons of

refusal being identified. 3. Restrict trading hours as recommended in the report.

CONCLUSION

The impacts of the proposed restaurant on adjacent residents remain a concern in the local community and the increase in the hours of operation of the proposed restaurant has received significant local public objection. The increase of the hours of operation of the restaurant into the evening is not supported as it has been established that the restriction on the use of parts of the restaurant late in the evening would not adequately mitigate the noise from people talking or from activities taking place within the car park or drive-thru when there are minimal background noise levels. The circumstances have not changed from those considered during the original application and no additional measures have been proposed by the applicant to mitigate any noise nuisances associated with the restaurant’s activities. As previously suggested any further extension of the hours of operation of the restaurant should be considered on a trial basis once the restaurant has been built and operating for a considerable time. This will give Council the opportunity observe the impact of the development on the adjacent residential neighbourhood. In terms of the request for earlier opening times for the restaurant it is considered that noise emissions likely to be created at these times should be less likely to cause a noise nuisance in the locality. The reasons provided by the applicant contain merit and the advice from the Crime Prevention Officer is also relevant. It is also considered that the majority of clients to the restaurant early in the morning are likely to utilise the drive-thru facility on their way to work. Therefore noise from car doors closing and people talking in the car parking area or restaurant are less likely to occur at these times. It is therefore concluded that the earlier starting times proposed by the applicant can be supported and the hours of operation can be amended to:-



City Planning


. Sunday – Wednesday 5.00am to 10.00pm Thursday 5.00am to 11.00pm Fridays and Saturdays 5.00am to 11.30pm

ENCLOSURES 1 Submissions 2 Confidential Submissions - This matter is considered to be confidential under Council

Policy



City Planning


SUBJECT: DEVELOPMENT APPLICATION 8/2009/408/1 - THREE (3) LOT

SUBDIVISION AUTHOR: Planning Officer - Rean Lourens Ordinary Meeting of Council at its meeting on 4/11/2009 resolved that the matter be deferred to a future meeting RECOMMENDATION That the Development Application No. 8/2009/408/1 for a Three (3) Lot Subdivision on Lot 4 & 5 Section 48 DP758002 be determined pursuant to S80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to the conditions at the end of the report. REASON FOR REPORT

The application is reported to Council due to the number of public submissions received. The basis of the objections relate to the provision of medium density development, maintenance of existing residences, possible department of housing developments and car parking/traffic issues. It is considered that these issues have been satisfactorily addressed as part of the proposal and do not warrant the refusal of the application. It is recommended that the application be approved subject to the attached schedule of conditions.

APPLICANT

Mr J T King

OWNER

Mr J T King

APPLICATION LODGED

24 July 2009

PROPERTY ADDRESS

23 & 25 Greta Street, Aberdare Lot 4 & 5 Section 48 DP758002

AREA

2013m2

ZONING

2(a) Residential ‘A’ Zone



City Planning


MAP

PROPOSAL

The proposal seeks Council’s consent for a two-into-three lot subdivision. The subdivision will have a battleaxe configuration and contain Lot 1 (510.3m2), Lot 2 (450.1m2) and Lot 3 (963.9m2).

BACKGROUND

An application for dwelling additions was approved as part of 8/2004/1499/1.

SITE DESCRIPTION

The subject site is located on Greta Street, Aberdare and has a size of 2013m2. The land is currently development with two (2) dwelling houses. The site slopes toward the laneway at the rear of the allotments. Drainage is facilitated via a drainage easement. The subject site is surrounded by a variety of residential development ranging from single storey detached dwellings to a six unit development.



City Planning



Cessnock Local Environmental Plan 1989 Draft Local Environmental Plan 2009

CONSULTATION

PUBLIC NOTIFICATION The application was notified in accordance with the Cessnock Development Control Plan, 2006 during which time five (5) objections were received. The following is a summary of the objections: Concerns were raised regarding the possibility that medium density development may be approved on the site. Applicant’s Response It is important to note that the development application currently before Cessnock City Council is for the subdivision of two (2) lots into three (3) lots. There is no residential applications either singular, dual occupancy or medium density proposed under this application and therefore we consider that objections on the basis of further development of the site is considered in appropriate for consideration against this application. Officer’s Response Council has not received any information indicating that any medium density development is proposed on the site. The proposal before Council is for a two-into-three lot subdivision, not medium density development. A number of objectors raised concerns about the maintenance of existing residences. Applicant’s Response The maintenance of the existing residence is in no way associated with the further subdivision of the site. Ongoing maintenance issues should be discussed with the agent and/or the owner of the property by the concerned neighbours. Officer’s Response This is a civil matter and should be reported to the owner or property managers. The possible provision of low rental accommodation/ Department of Housing development was raised as a concern. Applicant’s Response The land is currently under the ownership of Mr John King and at no time has he made any suggestion to ACM Landmark regarding the nature of his existing tenancy arrangements.



City Planning


Again, the nature of the current application is for subdivision only. Concerns and opinions of neighbouring properties regarding tenancy and “undesirables” are therefore not considered applicable to the current proposal. Officer’s Response Council has not received any information indicating that this is proposed. The proposal before Council is for a two-into-three lot subdivision, not medium density development. It was argued that the proposed current road network would not be able to cope with the additional traffic/ parking. Applicant’s Response Again, the nature of the current application is for subdivision only. The proposal for the creation of one (1) additional allotment in accordance with the RTA Guide to Traffic Generating Developments indicates that a residential allotment has the potential to generate nine (9) vehicle trips per day. Greta Street, being bitumen sealed, divided carriage way with kerb and gutter to the southern alignment are considered capable of supporting this minor increase in traffic movements. Likewise the surrounding street network is considered capable of supporting this minor increase in traffic volume. Pedestrian movements from the nearby Cessnock High School are neither considered to be further endangered by this minor increase in traffic movements within Greta Street. Officer’s Response Council’s development engineers assessed the impact from the proposed development and concluded that no additional traffic would be generated through the subdivision of the land. It was argued that the proposed development would devaluate current property values. Applicant’s Response There is no evidence of property devaluation by subdivision as proposed or further by medium density development (which is not proposed under this application); therefore it is a spurious claim. Officer’s Response No evidence of the potential impact on property values has been submitted to Council.



City Planning


Concerns regarding the provision of reticulated water & sewer to the proposed development were raised. Applicant’s Response Hunter Water Corporation has been contacted regarding the proposed subdivision and a Notice of Formal Requirements issued. This outlines upgrade works which are required for the further development of the site, therefore increasing the capacity of the system to support the additional allotment. Likewise other service providers such as Energy Australia, Telstra and Jemena have been contacted regarding their requirements for servicing of the additional allotment. These matters will be resolved prior to lodgement of Subdivision Certificate ensuring that servicing to the site is available. Officer’s Response All utilities are available to the subject site. Objectors raised the possible impact of increased noise pollution as an issue. Applicant’s Response The subdivision in itself is unlikely to generate any noise, however the further development of the site (subject to Cessnock City Council approval) for residential purposes, which is permissible under the Cessnock Local Environmental Plan has the potential to generate noise. The nature of the uses on the site are consistent with noise emanating from the occupation of any future development proposal and as such will be that of normal residential usage which is controlled under the EPA noise requirements by the NSW Police Service. Therefore adjoining land uses are all similarly required to observe noise minimisation. Officer’s Response It is considered that the proposed subdivision will not increase the noise levels in the area. All noise related to the intensification of the use of the site would be dealt with during future development applications lodged with Council.

PLANNING ASSESSMENT

All heads of consideration detailed under Section 79C of the Environmental Planning and Assessment Act, 1979, as amended, have been taken into consideration in the assessment of this application with the following relevant matters identified:



City Planning


a. The Provisions of any Environmental Planning Instrument

Cessnock Local Environmental Plan, 1989 The site is located in the 2(a) Residential ‘A’ Zone. The objectives of zone are:

(a) primarily to provide for low density residential development,

(b) to enable residential flat buildings which are compatible with single dwelling development,

(c) to provide for other forms of development which may appropriately be located in a residential zone, and

(d) to ensure non-residential development is of a type, scale and character which will maintain residential amenity.

The proposed development complies with the zone objectives and can be considered by Council. Draft Cessnock Local Environmental Plan, 2009 The site is located in the R2 Low Density Residential Zone. The objectives of zone are:

• To provide for the housing needs of the community within a low density residential environment.

• To enable other land uses that provides facilities or services to meet the day to day needs of residents.

The proposed development complies with the zone objectives and can therefore be considered by Council. Clause 4.1 of the DLEP 2009 contains the requirements relating to subdivisions. The subject land falls within an area identified as G – T1 on the Minimum Allotment Mapping. All areas identified as G on the Minimum Allotment Mapping can be subdivided to a minimum size of 450m2, while T1 requires all battle axe allotments to be a minimum of 600m2 (including the access). The proposed development complies with both of the requirements and therefore would be permissible under DLEP 2009. b. The Provisions of any Development Control Plan DCP 2006 - Chapter D.1 The proposed development complies with the aims and objectives of the DCP chapter.



City Planning


Local Street Design N/A Access Way Design The DCP requires battle axe handles servicing one allotment to have a minimum width of 3.5m. The development complies with this requirement. Pedestrians and Cyclists No footpaths are required on streets with a traffic volume less than 300 vehicles per day as pedestrians can share the road surface with vehicles in a low speed environment. Utility Services All relevant utilities are available to the site. Stormwater Management The stormwater management of the site has been assessed by Council engineers. Stormwater from the proposed allotments will be directed towards the rear laneway and then piped to the existing Council stormwater infrastructure. Conditions of consent to provide this infrastructure have been included at the end of this report. Lot Size and Shape The proposed subdivision complies with the DCP requirements relating to lot size in all areas other than the frontage width of proposed Lot 2, which does not comply with the requirement of the DCP chapter. The DCP require frontages in residential areas to have a minimum width of 18.0m. Although the frontage proposed for Lot 2 only measures 15.63m, an assessment of the proposal against the Urban Housing Chapter of the DCP has shown that the existing dwelling can function on the allotment. The variation is therefore insufficient to refuse the application. Solar Access and Lot Orientation The allotment orientation will remain consistent with the existing layout of the area. Heritage Neither the site nor the adjoining land is listed in the LEP 1989/DLEP 2009 or REP (Heritage). Effluent Disposal The site is connected to Council’s reticulated sewer infrastructure.



City Planning


c. The Likely Impacts of That Development Access, Transport and Traffic The likely impacts of the proposed development on the road infrastructure have been given consideration and it has been concluded that the proposed development would not generate a significant amount of additional traffic on the local roads. Noise, Dust and Vibration It is considered that the proposed subdivision will not increase the noise levels in the area. All noise related to the intensification of the use of the site would be dealt with during future development applications lodged with Council. Cumulative Impacts The additional allotment should not have a significant affect on the residential amenity of the area.

STRATEGIC LINKS

Management Plan The assessment of this application supports Council’s Second Goal – To protect, enhance and promote our natural, developed and cultural environment. a. Other Plans NIL


a. Policy and Procedural Implications NIL b. Financial Implications NIL c. Legislative Implications NIL d. Risk Implications NIL e. Other Implications NIL

OPTIONS

1. Approve the application subject to conditions; or

2. Refuse the application subject to giving valid reasons of

refusal.



City Planning


CONCLUSION

The application was notified in accordance with the Cessnock Development Control Plan, 2006 during which time five (5) objections were received. The basis of the objections related to provision of medium density development, maintenance of existing residences, possible department of housing developments and car parking/traffic. It is considered that these issues are either not significant or have been satisfactorily addressed as part of the proposal and do not warrant the refusal of the application.

Therefore support of the application is recommended.

ENCLOSURES 1 Plan of Subdivision 2 Objections 3 Objections - This matter is considered to be confidential under Council Policy



City Planning


STANDARD CONDITIONS TERMS OF CONSENT General 1. The proposed development shall be carried out strictly in accordance with the details

set out on the application form, and the Plans numbered: ACM Landmark, Dwg. 1042-101, Plan of Subdivision, dated 21/07/09, 1 Sheet the Statement of Environmental Effects and any other information submitted in support of the application, except as modified by the conditions of this consent. Note: Any proposal to modify the terms or conditions of this consent, whilst still maintaining substantially the same development to that approved, will require the submission of a formal application under Section 96 of the Environmental Planning and Assessment Act 1979 for Council’s consideration. If amendments to the design result in the development not remaining substantially the same as that approved by this consent, a new development Application will have to be submitted to Council. Reason To confirm and clarify the terms of Council's approval.

2. All building work must be carried out in accordance with the requirements of the

Building Code of Australia (BCA). Reason This is a prescribed condition under Section 80A(11) of the Environmental Planning and Assessment Act, 1979.

Access, Carparking & Loading Arrangements 3. All access crossings and driveways shall be maintained in good order for the life of

the development. Reason To ensure that a safe adequate all-weather access is available to the development

Fees, Development Contributions, Monetary Bonds, Dedication of Land 4. A final plan of survey, prepared by a Registered Surveyor, and seven (7) copies for

endorsement by Council are to be submitted with the application for a Subdivision Certificate. Reason To enable the linen plan to be legally made.



City Planning


PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE Access, Carparking & Loading Arrangements 5. The Registered Proprietors of the land shall construct concrete access crossings from

the edge of the road formation to the property boundary of proposed lots 2 and 3, in accordance with Council’s ‘Engineering Requirements for Development’ (available at Council’s offices) and Australian Standard 2890.1 & 2 with respect to the location, size and type of driveway. Full details shall be submitted to and approved by Council prior to release of the road s138 Roads Act approval for any works within the road reserve. Reason To ensure the provision of safe, adequately defined and properly constructed means of vehicular access from the road to the development.

6. The registered proprietors of the land shall construct a reinforced concrete driveway

2.9m wide with integral kerb from the property boundary to the useable portion of proposed lot 3, in accordance with Council’s ‘Engineering Requirements for Development’ (available at Council’s offices) and AS 2890.1. Full details shall be submitted to and approved by the Accredited Certifier prior to release of the Construction Certificate for the internal civil works. Reason To ensure that adequate and safe access is available to the development.

7. On-site car parking shall be provided for a minimum of two (2) vehicles on proposed

lot 2 and such being set out generally in accordance with Council's DCP. A stacked car parking arrangement is considered satisfactory. Full details shall be submitted to and approved by the Accredited Certifier prior to release of the Construction Certificate for the internal civil works. Reason To ensure that adequate provision has been made for manoeuvring and parking of vehicles within the development or on the land, to meet the expected demand generated by the development.

8. All driveways, access corridors and car parking areas on proposed lot 2 are to be

designed in accordance with AS2890.1 & 2 - Parking Facilities. As a minimum the driveways and car parking areas shall be constructed with a gravel all weather pavement, graded and drained in accordance with Council’s ‘Engineering Requirements for Development’. . Reason To ensure the orderly and efficient use of on-site parking facilities and ensure that adequate provision is made on-site for the loading and unloading of goods.



City Planning


Drainage and Flooding 9. A detailed drainage design for the disposal of roof and surface water from the site,

including any natural runoff currently entering the property and connection to the existing drainage system in accordance with Council’s ‘Engineering Requirements for Development’ (available at Council’s offices). A 375mm diameter pipeline is to be constructed in the rear lane from the subject site to connect to existing drainage infrastructure in Pokolbin Street, together with the necessary pits. Full details shall be submitted to and approved by Council prior to release of the s138 Roads Act approval. Reason To ensure that on site stormwater runoff is properly collected and conveyed to an appropriate drainage facility.

10. Any alterations to existing surface levels on the site shall be undertaken in such a

manner as to ensure that no additional surface water is drained onto or impounded on adjoining properties. Full details of existing and proposed surface levels shall be submitted to and approved by the Accredited Certifier prior to release of the Construction Certificate for the internal civil works. Reason To ensure that such alterations to surface levels do not disrupt existing stormwater flows in the vicinity.

11. The applicant shall provide an inter allotment drainage easement 1.5m wide to drain

proposed Lots 1 and 2. Construction of the drainage line together with the necessary grated yard inlet pits shall be carried out in accordance with Council’s ‘Engineering Requirements for Development’ - full details shall be submitted to and approved by the Accredited Certifier prior to release of the Subdivision Certificate. Note: (a) A suitable 88B instrument creating the easement, in accordance with the requirements of the Conveyancing Act 1919, shall be submitted to Council prior to endorsement of the Surveyor’s transparency. (b) Construction shall be completed prior to endorsement of the Surveyor’s transparency. Reason To provide the necessary legal right to drain through adjoining lots where necessary.

DURING CONSTRUCTION General 12. The registered proprietor of the land shall be responsible for all costs incurred in the

necessary relocation of any services affected by the required construction works. Council and other service authorities should be contacted for specific requirements prior to commencement of any works.



City Planning


Reason To ensure that any required alterations to utility infrastructure are undertaken to acceptable standards at the developer’s cost.

Site Works 13. The control of erosion and the prevention of silt discharge into drainage systems and

waterways will be necessary in accordance with Council’s “Engineering Requirements for Development”, Department of Conservation and Land Management's 'Urban Erosion and Sediment Control’ requirements and the Department of Housing ‘Soil and Water Management for Urban Developments’. Erosion control measures are to be implemented prior to the commencement of any earthworks and shall be maintained until satisfactory completion and restoration of site earthworks, including revegetation of all exposed areas. Reason To ensure protection of the environment by minimising erosion and sediment.

Site Management 14. The applicant is to advise Council at least 48 hours prior to commencement of any

construction works within the road reserve in Greta Street or the rear lane together with the approved contractor's name and address. Reason To enable orderly scheduling of inspections

PRIOR TO ISSUE OF SUBDIVISION CERTIFICATE General 15. Certification shall be submitted to Council by a Registered Surveyor, prior to

endorsement of the final plan of survey and release of the Subdivision Certificate that all services and domestic drainage lines are wholly contained within each of the respective lots. Reason To ensure that all services are wholly contained within each new lot created.

16. Evidence shall be submitted to Council that the registered proprietors of the land on

whose behalf the application was made have complied with the requirements of Section 50 of the Hunter Water Board (Corporation) Act 1991. Such evidence shall be submitted Council prior to the release of the final plan of survey for the subdivision and the Subdivision Certificate. Reason To ensure compliance with the Hunter Water Corporation requirements for the supply of water and sewerage to the new lots created.



City Planning


Building Construction 17. The excavated and/or filled areas of the site are to be stabilised and drained to

prevent scouring onto adjacent private or public property. The finished ground around the perimeter of the building is to be graded to prevent ponding of water and to ensure the free flow of water away from the building and adjoining properties. Reason To reduce the risk of environmental and building damage.

Development Contributions, Monetary Bonds, Dedication of Land 18. A monetary contribution is to be paid to Council, pursuant to Section 94 of the

Environmental Planning and Assessment Act, 1979 towards the provision of public amenities and public services in the contribution types below. CONTRIBUTION TYPE $

At this time the total contribution required is $3,150.00 and is to be paid prior to the release of the Subdivision Certificate. NOTE: a) A copy of the Residential Section 94 Contributions Plan may be inspected at Council’s Customer Services Section, Administrative Building, Vincent Street, Cessnock or can be accessed on Council’s Website: www.cessnock.nsw.gov.au b) The amount of contribution payable under this condition has been calculated at the date of consent. In accordance with the provisions of the Contributions Plan, this amount shall be indexed at the time of actual payment in accordance with the Consumer Price Index – All Groups – Sydney. Indexation of contributions for payment occurs quarterly, on the first working day of December, March, June and September. Reason To assist the Council in meeting the expected increased demand for public facilities and services arising as a consequence of the proposed development, and to ensure that the real value of contributions is not deflated by price movements.

District Open Space 1,102.00 District Community Facilities (Halls) 675.00 District Community Facilities (Libraries) 180.00 District Community Facilities (Bushfire) 50.00 District Roads – Urban Areas 840.00 Studies (Plan Preparation) 63.00 Plan Administration 240.00



City Planning


19. The Section 88B Instrument will be submitted to Council with all relevant signatures and company seals (where applicable) prior to endorsement of the linen plan of subdivision and release of the subdivision certificate. Alternatively, Council will accept, at the discretion of the Development Services Manager, a copy of the Section 88B Instrument with an accompanying letter from the acting Solicitor or Surveyor giving an undertaking that the Section 88B Instrument will be signed and submitted as presented to Council, unaltered, to the Land Titles Officer for registration with the linen plan of subdivision. Reason To ensure the Section 88B Instrument is submitted to the Lands Titles Office in the same form as it is submitted to Council.

20. Payment of the subdivision endorsement fee is to be received prior to release of the

final plan of survey. Currently, this endorsement fee is $120 per lot. This fee is adjusted annually and the fee to be paid will be the applicable fee at the time of lodgement of the final plan of survey for endorsement and Subdivision Certificate application. Reason To ensure that the developer meets all costs associated with the release of the final plan of subdivision.

ADVICE 1. The applicant is advised that if Council is the Accredited Certifier for the subdivision,

then an engineering plan checking and site supervision fee of $605.00 is payable prior to release of the Construction Certificate for the internal stormwater drainage. Reason To meet costs associated with the approval of engineering plans and inspection of construction works.

2. The applicant shall lodge payment of fees and contributions as follows:-

Based on a length of approximately 50 metres of drainage works in Rear Laneway connecting to Council’s drainage system in Pokolbin Street. Final bond amounts will be levied on accurate dimensions contained within the engineering plans. (i) Road fees - engineering plan checking and supervision of $726.00. (ii) A performance bond of a minimum of $1000 or 5% of the contract construction costs, whichever is greater (transferable). (iii) A road maintenance bond of a minimum of $1000 or 5% of the contract construction costs, whichever is greater (refundable). It will be necessary for the applicant to submit evidence of the contract price of all construction works in order for Council to assess accurate bond amounts. If no contract price is submitted, Council will estimate the value of construction works.



City Planning


The fees and bonds shall be payable prior to release of the s138 Roads Act approval for the Civil Works within the road reserve and shall be in accordance with Council’s adopted fees and charges current at the time of payment. Reason To meet costs associated with the approval of engineering plans and inspection of construction works.



City Planning


SUBJECT: Proposed Public Swimming Pool Inspection And Education

Program AUTHOR: Environmental Health Co-Ordinator - Jenny Lange SUMMARY The purpose of this report is to present for consideration and adoption a public swimming pool program, excluding Council owned pools, for the Cessnock City Council area. Council owned pools are subject to a separate and more intensive inspection and monitoring regime. To prevent disease affecting the public from the use of public swimming pools it is important that Council has in place a public swimming pool inspection and eduction program that incorporates inspection, education and water testing. This is a method proven to be effective in controlling the spread of disease; it is also consistent with other Councils in the region and will ensure that swimming pool operators meet the requirements of the NSW Department of Health. RECOMMENDATION That Council adopts the public swimming pool inspection and education program. BACKGROUND Council at its meeting of 19 March 2008 considered a report recommending the introduction of a public swimming pool inspection and education program to monitor hygiene of public swimming pools located in the Cessnock City Council area. Council adopted the following recommendations:- 1. The inspection fee be included in Council’s Draft Fees and Charges 2008/09. 2. Council write to all public swimming pool operators and the Tourism Association

sending feedback on the proposed public swimming pool inspection and education program.

3. A further report be submitted to Council after the consultation in relation to points 1

and 2 above has been completed. A public swimming pool includes any swimming pool or spa pool “to which the public is admitted, whether free of charge, on payment of a fee or otherwise” and includes Council pools, leisure centres, places of accommodation such as caravan parks, hotels, motels, retreats, guesthouses, bed and breakfast; clubs, health resorts, gymnasiums and sport centres, schools, hospitals, learn to swim centres, workplaces and place of adult entertainment. In recent years New South Wales has seen a number of outbreaks of diseases associated with swimming pools. They can cause a wide variety of symptoms including gastrointestinal, skin, ear, respiratory, eye, neurologic and wound infections. The most commonly reported



City Planning


illness is diarrhoea. Diarrhoeal illnesses can be caused by micro-organisms such as Cryptosporidium, Giardia, Shigella, norovirus and E. coli. REPORT Council included an inspection fee in both the 2008/09 and 2009/10 fees and charges for the inspection of public swimming pools. The fee for 2009/10 is set at $105 with a reinspection fee of $105, this will cover establishment costs and ongoing costs including the costs to employ a casual environmental health officer to undertake inspections. On 13 October 2009 Council wrote to 88 property owners identified as operating a public swimming pool within the Cessnock Local Government Area and advised of Councils intention to commence a Public Swimming Pool inspection program in accordance with the Public Health (Swimming Pools and Spa Pools) Regulation 2000; advice on the applicable fees was included in this letter. Hunter Valley Wine Country Tourism was also advised of the proposed program. Included with the letter was a package of educational materials and guidelines to assist with the operation and management of swimming pools. This package included:- • Public Swimming Pool and Spa Pool Guidelines • Poster – Steps to healthy swimming • Brochure – A guide to: Clean Pools for Healthy Swimming • NSW Health Fact Sheets:

o Faecal Accident Response Solid Stool in a Pool o Accident Response Plan Vomit in Pools o Vomit, Blood and Faecal Accident Response Plan o Cryptosporidium Contamination Response Plan o Faecal Accident Response Plan Loose Stool in a Pool

Seven (7) responses were received from this consultation process, three (3) from property owners advising that their swimming pools are not utilised as public swimming pools and Council’s records have been updated to refect this. Four (4) responses were received seeking further detailed advice from Council’s Environmental Health Officer on specific requirements for their swimming pools. No negative feedback has been received in response to the proposal to introduce the program. With Councils endorsement it is intended to commence the first round of inspections and water testing in December 2009 and January 2010 as the swimming season is reaching its peak, where necessary reinspections will be undertaken during the swimming season. In the first year of the program all public swimming pools within the City will be inspected and tested to obtain a measure of the swimming pool water quality and the level of compliance with the Public Health (Swimming Pools and Spa Pools) Regulation 2000. Following this, it is proposed to operate a risk based inspection program reducing the frequency of inspections for properties with low bather loads and with consistently good inspection reports. This risked based inspection program is detailed within the enclosure.



City Planning


CONSULTATION 88 Public Swimming Pool Owners/Operators Health and Building Manager Environmental Health Officer STRATEGIC LINKS a. Management Plan This report meets goal 2 which is “to protect, enhance and promote the natural, developed and cultural environment,” b. Other Plans NIL STATUTORY IMPLICATIONS a. Policy and Procedural Implications NIL b. Financial Implications This program has been provided for in the 2009/10 budget. c. Legislative Implications The Public Health (Swimming Pools and Spa Pools) Regulation 2000 stipulates the requirements for the operation of public swimming pools and permits Environmental Health Officers to inspect any swimming pool or spa pool to which the regulation applies at any time during which the pool is open to the public. This regulation also permits the closure of public swimming pool or spa pool for any period for which they are a risk to the public health. The NSW Health Guidelines for Disinfecting Public Swimming Pools and Spa Pools is called up in the Regulation as a tool for compliance to the requirements of the Regulation. d. Risk Implications Only one other Council in the Hunter and Central Coast region is currently not undertaking a public swimming pool inspection program nominating a minimal number of premises with public swimming pools. Cessnock has 85 identified public swimming pools (the highest number in the region), an outbreak could draw specific criticism and unwanted media attention to Council especially in comparison to the level of regulation and inspection provided by other local government Councils.



City Planning


An outbreak also has the potential for significant ramifications to the tourist industry in the Cessnock area. There are a number of tourist accommodation premises providing recreational swimming facilities to guests, an outbreak amongst these swimming pools and associated negative media could pose a threat to individually affected tourist facilities as well as a general public perception that unhygienic public facilities exist within the area. e. Other Implications NIL OPTIONS The options to Council are to either adopt or not to adopt the Public Swimming Pool Inspection and Education Program. CONCLUSION Consultation has been undertaken with 88 Public Swimming Pool operators within the Cessnock Local Government area and no negative feedback has been received, with four (4) operators expressing an interest in the program, requesting further information from Council’s Environmental Health Officer. The introduction of a routine Public Swimming Pool Inspection and Education Program as part of Councils health services will protect the public health and provide a safe and healthy environment for those visiting and residing in the Cessnock Local Government Area reducing the risk of the spread of water borne infection and disease associated with public swimming pools. It will also ensure that Cessnock City Council is providing a level of service that is consistent with other Councils in the region. ENCLOSURES 1 Public Swimming Pool Program Risk Based Inpsections 1 Page



City Planning


SUBJECT: DEVELOPMENT APPLICATION 8/2009/537/1 - TEMPORARY USE -

CHRISTMAS CAROLS AUTHOR: Development Services Manager - Jacqui Tupper RECOMMENDATION That the Development Application No. 8/2009/537/1 for a Temporary Use – Annual Christmas Carols for a three (3) year period on 10/12/2009, 9/12/2010 & 8/12/2011 on Lot 1 DP 577260, 20 Darwin Street, Cessnock, be determined pursuant to S80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to the conditions at the end of the report. REASON FOR REPORT

The applicant is Cessnock City Council and in accordance with the recommendations of the Independent Commission Against Corruption, an external consultant was engaged to assess the proposal.

APPLICANT

Cessnock City Council

OWNER

Department of Technical Education and NSW Department of Education and Training

APPLICATION LODGED

10 September 2009

PROPERTY ADDRESS

20 Darwin Street, Cessnock Lot 1 DP 577260,

AREA

4.24 hectares

ZONING

5(a) Special Uses Zone



City Planning


MAP

PROPOSAL

The applicant seeks consent for the use of the site for the purposes of a ‘temporary event’, comprising free community based Christmas Carols. Consent is sought for a three (3) year period on the following dates: Thursday 10 December 2009 Thursday 9 December 2010 Thursday 8 December 2011 The hours of each event will from 7.30pm to 9.30pm. Local choirs and school students will perform from a temporary stage set up in the TAFE grounds. No other entertainment or amusements are proposed for the event. All facilities and car parking is to be provided on the grounds of the TAFE and it is expected that between 500-1000 people will attend. Food is to be supplied by the local Rotary Club and St Johns Ambulance will be in attendance.

BACKGROUND

The event has been held on this site since 2004 under Development Consents issued by Council. During this time there has been no history of complaints or any negative issues associated with the event. In this instance there is no objection to a further three (3) year consent being granted.



City Planning


SITE DESCRIPTION

The site is located within the grounds of the TAFE facility adjacent to the cenotaph in the northern sector of the land, bounded by North Avenue and Darwin Street, Cessnock. The site is best described as flat open parkland with scattered trees. The site is not affected by any easements or other restrictions on title that would affect the proposed use of the site.


Cessnock Local Environmental Plan 1989 Cessnock Development Control Plan 2006

CONSULTATION

Public Notification and Advertising The application was advertised and notified in accordance with Cessnock DCP 2006. No submissions were received. Internal Referrals:

• Environmental Health Officer • Local Development Committee (Traffic)

PLANNING ASSESSMENT

All heads of consideration detailed under Section 79C of the Environmental Planning and Assessment Act, 1979, as amended, have been taken into consideration in the assessment of this application with the following relevant matters identified: a. The Provisions of any Environmental Planning Instrument Cessnock Local Environmental Plan, 1989 Under Clause 9 of this Plan, the proposed temporary event is permissible on land zoned 5(a) Special Uses with consent of Council. The objectives of this zone are: (a) to accommodate development by public authorities on publicly-

owned land, (b) to provide for appropriate community uses, and (c) to enable associated and ancillary development. The proposed annual temporary use is considered to be consistent with the zone objectives because the event is a community use. Under Clause 33 of this Plan, a temporary use is permitted with consent, and states the following:- “The Council may grant consent to the temporary development of any land, including development for the purposes of temporary accommodation, construction camps, construction depots, markets, fetes, circuses, public purposes and the like, for such period as may be determined by the Council, where it is satisfied that –



City Planning


(a) the development, by virtue of its location, scale, site

landscaping and treatment, and temporary nature, is unlikely to significantly conflict with the purpose of the zone applying to the land on which the development is proposed to be carried out;

(b) appropriate arrangements have been made for any necessary water supply, sewage disposal and stormwater drainage, other utility services, access to and parking on that land;

(c) the development is unlikely to interfere with the amenity of any residential development or rural dwellings in the vicinity; and

(d) appropriate arrangements have been made for the reinstatement of the land following cessation of the development.”

The proposal complies with the requirements of this Clause. It is considered that the proposed development is unlikely to significantly conflict with the purpose of the 5(a) zone. Adequate services can be provided on site for patron usage. It is considered that the conditions of consent and the short duration of the annual event will prevent any significant detrimental impact on the amenity of the adjoining properties. Draft Local Environmental Plan 2009 The Draft Local Environmental Plan 2009 has been on public exhibition since 27 July 2009. Clause 2.6B Temporary use of land provides requirements for the use of land for temporary events.

(1) The objective of this clause is to provide for the temporary use of land (including but not limited to an exhibition, concert, fair, sporting event, fete or market) if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2) Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary purpose for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

(3) Development consent must not be granted unless the consent authority is satisfied that:

(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any such other instrument, and

(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of



City Planning


natural hazards that may affect the land, and (d) at the end of the temporary use period the site will, as

far as is practicable, be restored to the condition in which it was before the commencement of the use.

The proposal complies with the requirements of this Clause. b. The Provisions of any Development Control Plan Cessnock DCP 2006 applies to the site, with the following chapters of particular relevance: Chapter D.8 Temporary Events A temporary event is defined in this Plan as being “the temporary use of land for a maximum period of twelve (12) days, whether consecutive or non-consecutive in any one year.” The event is proposed for a period of one (1) day for the next three (3) years and therefore complies with this requirement. The subject application has been assessed against the requirements of this Part. Of particular relevance to this application are as follows: - Numbers of People The proposal is classified as a minor event as the applicant only expects between 500-1000 visitors at the event, based on past events where numbers have been around this figure. It has been demonstrated that weather plays a large part in the number of attendees. Safety/Security Prior to each event a risk assessment will be carried out by Council’s Safety and Risk Assessment Officer and Council Rangers will also be in attendance. The NSW Police are also requested to attend the event. Insurance Evidence of Public Liability Insurance for the site has been provided to the value of $20 million, which complies with the requirements of DCP 2006.



City Planning


Noise Due to the nature of the event, it is considered likely that noise will represent an intrusion into the amenity of adjoining properties. However, as the event will finish at 9.30pm it is considered that the impact of noise will not be excessive. Sound amplification equipment is proposed to be used and the stage and amplifiers will be directed to the north, away from the bulk of residential land uses in the locality. Fire Works No fireworks are proposed. Emergency Access and Procedures The submitted plans identify the emergency access points for emergency vehicles along the Darwin Street frontage and also the location of the first aid station. St. John’s Ambulance officers will be on site for the duration of the event in clearly defined areas. For an event this size it is recommended that there be a minimum of between 2 and 4 first aid workers. The application proposes a first aid post and emergency site located on the Darwin Street frontage of the site. Disabled Access Provision for disabled access has been adequately addressed. The site is accessible and it is proposed to provide disabled car parking along the Darwin Street frontage. Lighting Adequate lighting will be provided at the event site and parking areas through the existing lighting system. Some additional lighting is proposed for the temporary stage. Toilet/Bathroom Facilities / Alcohol The DCP requires events that do not include the sale of alcohol to provide toilets at a ratio of 1:150. No alcohol will be sold or permitted at the event. It is proposed to provide four (4) toilets on the site, which is considered adequate given the expected attendance and the short duration of the event.



City Planning


Food It is proposed to provide one (1) temporary structure as a food preparation and service area, which will be operated by the Rotary Club. All food premises are required to comply with the NSW Food Act 1989 and Food Regulation 1997, Council Standards for Temporary Food Premises and new (as of 2002) Food Safety standards of the Australia, New Zealand Food Standards Code. The event co-ordinator will need to ensure that all food premises comply with these requirements and gain the relevant approval from Council prior to the event. Waste Management Should development consent be granted, a condition will be imposed requiring that adequate waste collection sites be located in proximity to the food stall and the toilet facilities. Temporary Structures The applicant proposes the use of a temporary stage with dimensions of 6.6 metres by 7 metres. Information included with the application indicates that the stage has been certified by a structural engineer. c. The Likely Impacts of That Development Access, Transport and Traffic The Local Development Committee (Traffic) considered this development application and the accompanying traffic management plan and traffic control detail at its meeting held on 19 October 2009. The Local Development Committee had no objections to the proposed event but did recommend a number of conditions should approval be granted by Council. Those conditions have been included in the recommended conditions of approval. Parking for the event is proposed within the TAFE ground and overflow parking is available in public carparks in close proximity to the event. It is also anticipated that many attendees may arrive at the event after visiting the CBD as part of late night shopping. Economic Impact There are not likely to be any direct major economic impacts from the proposal.



City Planning


Cumulative Impacts There are no likely cumulative impacts from the proposal.

STRATEGIC LINKS

Management Plan The assessment of this application supports Council’s Second Goal – To protect, enhance and promote our natural, developed and cultural environment.


a. Policy and Procedural Implications The development as proposed is consistent with the provisions of Cessnock LEP 1989, Draft LEP 2009 and DCP 2006. b. Financial Implications Nil c. Legislative Implications Nil d. Risk Implications Nil e. Other Implications Nil

OPTIONS

Council may choose to refuse the application or alter the recommended conditions of consent.

CONCLUSION

The application before Council is for the carrying out of an annual community based event comprising Christmas Carols for the next three (3) years. The proposal satisfies the requirements of Cessnock LEP 1989, Draft Cessnock LEP 2009 and DCP 2006 and is therefore recommended to Council for conditional approval.

ENCLOSURES There are no enclosures for this report



City Planning


STANDARD CONDITIONS TERMS OF CONSENT General 1. The development being undertaken strictly in accordance with the details set out on

the application form, any information submitted with the application and the plans submitted, as amended in red by Council, or as modified by these further conditions. Note: Any proposal to modify the terms or conditions of this consent, whilst still maintaining substantially the same development to that approved, will require the submission of a formal application under Section 96 of the Environmental Planning and Assessment Act 1979 for Council’s consideration. If amendments to the design result in the development not remaining substantially the same as that approved by this consent, a new development Application will have to be submitted to Council. Reason To confirm and clarify the terms of Council's approval.

Prior to Commencement of event 2. The registered proprietor of the land shall be responsible for all costs incurred in the

necessary relocation of any services affected by the required construction works. Council and other service authorities should be contacted for specific requirements where necessary prior to commencement of any works. Reason To ensure that any required alterations to utility infrastructure are undertaken to acceptable standards at the event organiser’s cost.

3. The list of the food suppliers and their menu’s for the event is to be supplied to

Council’s Regulated Premises Officer a minimum of seven (7) days prior to the event. Reason To ensure that the food supplied can be produced in a safe and hygienic manner, which is suitable for the location and environment.

4. All stall holders selling food are required to notify their food business details with the

NSW Department of Health. Further information can be obtained from either visiting the NSW Health Notification website www.foodnotify.nsw.gov.au or by telephoning the Food Notification Help line on 1300 650 124. Reason To ensure compliance with the requirements of the Food Safety Standards.

5. Where a temporary platform or structure is to be used, installed or erected on a site

for the purpose of providing a Place of Public Entertainment, a separate application on the prescribed form is to be made to Council. This application is to be lodged a minimum of fourteen days prior to the conduct of the event and is to show details of



City Planning


all structures and equipment to be used in the construction of the facility, confirm the projected number of patrons expected to attend the function (please note this includes all stages, marquees, mobile platforms, trailers or towers commonly used for such purposes). Reason To ensure that adequate safety measures have been allowed for in the event of an emergency, and to ensure full compliance with the provisions of Australian Standard 1170 Part 1, Construction & Safety Regulations under the Construction Safety Act, 1912 and the Local Government (Approvals) Regulation 1999.

6. NSW Police shall be notified of the event by means of the applicant being required to

complete a Schedule 1 Public Assembly Form (available from Council), lodge the form with NSW Police Central Hunter Traffic Services (Maitland Police Station) and have received written approval from the NSW Police prior to the event. Reason To ensure the safe and orderly movement of people and vehicles

7. Public Liability insurance to the minimum value of $20 million shall be taken out for

the event, with a copy of the insurance certificate (noting the currency of the cover) to be provided to Council prior to the event and the receipt of the certificate of currency acknowledged by Council. Reason To ensure the safe and orderly movement of people and vehicles

Access, Car Parking and Loading Arrangements 8. The event organisers shall submit for the concurrence of the Development Services

Manager a Traffic Management Plan (TMP) for the event, including a Traffic Control Plan (TCP), the estimated number of people attending, traffic flows, car parking areas (including number of spaces), extent of marshalling, barricading, signage, a safe pedestrian crossing areas where necessary and allowance for emergency vehicles. As a minimum it is considered necessary for a Traffic Marshall to be located at the intersection of North Avenue and Darwin Street for the duration of each event. The TMP is to be in accordance with the requirements of RTA’s “Guide to Traffic and Transport Management for Special Events”. The TCP is to be endorsed by a suitable RTA accredited Traffic Control designer with their name, contact details and accreditation number shown on the plans. The TMP is to be submitted no later than five (5) days prior to the staging of an event. Reason To ensure safety to pedestrians and to facilitate orderly, safe and efficient traffic flow within the road network within the vicinity of the site.



City Planning


9. Ten (10) car parking spaces shall be designated and signposted for use by disabled persons for the duration of the event. Reason To ensure the provision of adequate on-site parking for the disabled.

10. An Emergency Response Plan is to be prepared by suitably qualified persons and

submitted to emergency services prior to holding an event. Prior to each event it will be necessary to consult with the Local Police Commander and the Local Area Traffic Supervisor. Reason To facilitate orderly, safe and efficient traffic flow within the road network within the vicinity of the site and through the site.

11. Any traffic control undertaken on the public road network surrounding the event site

shall be undertaken by RTA trained and accredited traffic controllers; It is noted that the Volunteer Rescue Association (VRA) provides traffic control support for the event. Reason To ensure the safe and orderly movement of people and vehicles

12. Access for emergency vehicles (including ambulance and fire authority vehicles) shall

be provided and maintained at all times during the event. Reason To ensure the safe and orderly movement of people and vehicles.

13. The event activities shall be contained wholly within the TAFE grounds

Reason To ensure the safe and orderly movement of people and vehicles.

14. The applicant shall provide marshals to supervise any internal parking or movement

areas for the duration of the event. Reason To ensure the safe and orderly movement of people and vehicles.

15. Pedestrian paths within the event site shall be defined by signage, especially in areas

where conflict is likely to arise with moving vehicles Reason To ensure the safe and orderly movement of people and vehicles.



City Planning


Temporary Events 16. Approval for the event is granted only for the dates as specified below:-

Date: 10/12/2009, 9/12/2010 8/12/2011 Reason To confirm and clarify the terms of Council’s approval.

17. Any temporary signs that are visible from a public place that are proposed as part of

the temporary event should comply with the following:- a) signs may only be displayed for a period of not more than two (2) months prior to the event and must be removed within 48 hours after the event. b) a maximum of six (6) temporary signs are permitted without Council Development Consent provided that the signs are securely attached to an approved advertising structure, fence of post supports. (Note: Temporary signs are not permitted on signposts that are associated with the guidance or direction of vehicles on a public road). c) the advertisement shall not exceed five (5) square metres in area. d) signs should be completed in a professional manner. The design and finish of the advertisement shall be in character with the amenity of the area. e) the position of the advertisement must not obstruct a driver’s line of sight, for approaching vehicles or signposting associated with the guidance or direction of vehicles on a public road. f) product or corporate branding may occupy no more than 5% of the advertising display area. Reason To ensure suitable signs are located in safe and appropriate locations.

18. The applicant is to ensure that an adequate level of lighting is provided to enable the

safe movement of people and vehicles in, around and out of the site. Access to event facilities i.e. parking, toilets, food outlets etc. are to be adequately lit to enable safe access. Consideration also needs to be given to minimising the impact of the lighting location on the nearby residents and businesses and glare on adjoining roadways. Reason Ensure that an adequate level of lighting is provided to enable the safe movement of people.



City Planning


19. First Aid Posts and First Aiders are to be provided on-site for the duration of the event in accordance with the following table.

PATRONS FIRST AIDERS FIRST AID POSTS 500 2 1

1000 4 1 2000 6 1 5000 8 2

10000 12 2

Preferably provided with water and power. Easily identified by public. Reason To ensure the health and safety of the event participants and spectators is catered for.

20. The preparation, storage, handling and sale of all food and beverages is to be carried

out, in accordance with Council’s Temporary Food Premises Guidelines. All sales are to be from approved stalls, which comply in full, with the requirements as specified within the referred Guideline. Reason To ensure that all food and beverage preparation, storage and handling is carried out in compliance with the provisions of the Food Act 2003 and Food Standards Code, and delivers both safe and hygienically prepared food products to visitors and patrons alike.

21. All food stall operators are only to sell foods which have been prepared or partly

prepared foods in a commercial grade kitchen or within the food stall designed in accordance with the Hunter Central Coast Food Surveillance Group Temporary Food Premises Guidelines. Reason To ensure that all food is prepared in a safe environment to prevent the risk of food contamination and to ensure compliance with the requirements of the Food Act 2003 and Food Standards Code.

22. An adequate supply of fresh clean potable water is to be provided and maintained, in

suitable locations such as in close proximity to the food stalls for the duration of the event. Reason To ensure an adequate supply of clean and safe potable water is available for use by the catering staff and food handlers, visitors, event staff and patrons at all times.



City Planning


23. In the event of the prevailing weather conditions posing a potential dust nuisance within the market and stall area, suitable dust control contingency measures are to be available if required for use during the conduct of the event. Specific attention to be given in this regard to the fresh food stalls and visitor areas. Reason To prevent and/or minimise where possible the impact of any potential dust nuisance, to the identified food and public areas, and to the amenity of the neighbourhood and adjacent properties

24. The disposal of all wastes, including recycled materials, glass and cardboard and

general refuse is to undertaken without nuisance in accordance with the provisions of Council's Development Control Plan 2006 Part D Chapter 8. The Event Organisers shall select equipment which assists the public in separating their waste into recyclable groups and reducing contamination. The bin system should divide materials into the following categories:- i) bottles (plastic and glass), cans; ii) cardboard and paper products and/or organic materials which can be composted; iii) rubbish (materials which can not be recycled) e.g. plastic bags, polystyrene. Bins should be provided in the following areas:- i) at food and drink stalls ii) near toilets iii) in designated eating areas/drinking areas iv) public entrances and exits. “The 7 steps to a Waste Wise Event” provides further information on recycling and waste reduction. Reason To ensure that all contract waste disposal methods and removal procedures are in keeping with the requirements of Council's Development Control Plan No. 2006 Part D Chapter 8, and to minimise any adverse impact on the local environment.

25. Only stall holders which have a Cessnock City Council annual approval to operate as

a temporary food business are permitted to sell foods at the event. Reason To ensure compliance with Council requirements and to ensure that all food is prepared and served in a safe environment to prevent the risk of food contamination.



City Planning


26. All food stall operators are required to have a current Cessnock City Council approval to operate a temporary food business and shall be available for viewing at the time of the event if requested by a Council Officer. No food stall operator shall be permitted to sell foods at the event if this approval has not been granted by Council. Reason To ensure all food stalls compliance with Council requirements and that all food and beverage preparation, storage and handling is carried out in compliance with the provisions of the Food Act 2003 and Food Standards Code, and delivers both safe and hygienically prepared food products to visitors and patrons alike.

27. Council reserves the right to amend the annual conditions of approval for the event,

on review (after the running of the event each year) or on the receipt of public comment or complaint regarding the event or its impact on the local community. Reason To confirm and clarify the terms of Council's approval.

POST EVENT Debrief Report 28. Within 42 days after the event, the organising committee shall submit to Council a

Debriefing Report with particular references to the following:- a) attendance number for each day b) problems encountered with operation and maintenance of facilities ie. parking, toilets, food etc. c) details of any adverse incidents d) modifications needed for any future events e) any other pertinent matter. Council reserves the right to review, amend or augment the event conditions to reflect community concerns about the event or the events impact on the local community. Reason To obtain research information for future temporary events and to ensure that future events are conducted within the interest of the community.



City Planning


SUBJECT: DEVELOPMENT APPLICATION 8/2008/521/1 - BRANXTON

SHOPPING CENTRE AUTHOR: Senior Planning Assessment Officer - Tracy Sharp RECOMMENDATION That the Development Application No. 8/2008/521 for a Supermarket, Specialty Shops, Car Parking, Demolition (Two (2) Dwellings, Outbuildings and a Shop). The application also includes the Fit-out of Icebox Liquor and Supermarket as well as Signage for Icebox Liquor on Lots 5-8 DP 195129 Nos 6-12 John Street, Lots 4 and 5 DP 743973 No 8 Clift Street, Lot 1 DP 986644, Lot 1 DP 194845, Lots 1-4 DP 195129 Nos 74-82 Maitland Street Branxton be determined pursuant to S80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to the conditions at the end of the report. REASON FOR REPORT

The application has been referred to Council due to the significant number of submissions received from the community.

APPLICANT

ROI Branxton Development Corporation Pty Ltd

OWNER

ROI Branxton Development Corporation Pty Ltd

APPLICATION LODGED

19 June 2008

PROPERTY ADDRESS

Lots 5-8 DP 195129 Nos 6-12 John Street, Lots 4 and 5 DP 743973 No 8 Clift Street, Lot 1 DP 986644, Lot 1 DP 194845, Lots 1-4 DP 195129 Nos 74-82 Maitland Street Branxton

AREA

7742m²

ZONING

3(a) General Business



City Planning


MAP

11

2

1

2

12

7

1

A

2

DP195435

3

DP

5003 811

DP

11 06 09 46

DP237685

DP

81 63 61

1

1 121

20

0

DP

1137 9 53

6

DP

8 5111 11

8

1

7

2 3 4

11

DP

109 543740

3231

DP62786032

DP

2326512

DP74397345

DP

113 763 64 2

AA B

DP

1953

011

DP841

DP8497732

1

C B

DP8497734

NNNNNNNNNJJJJJJJJJ OOOOOOOOO HHHHHHHHH SSSSSSSSSTTTTTTTTT

NNNNNNNNNDDDDDDDDD SSSSSSSSSTTTTTTTTT

EEE EE EEEEOOO OO OOOO

SSS SS SSSSEEE EE EEEE AAA AA AAAAVVV VV VVVV

OOO OO OOOOJJJ JJ JJJJHHH HH HHHHNNN NN NNNN

RRR RR RRRR

AAAAAAAAAMMMMMMMMM IIIIIIIIITTTTTTTTTLLLLLLLLLAAAAAAAAA

OOO OO OOOOBBB BB BBBBWWW WW WWWW

EEE EE EEEENNN NN NNNN

SSS SS SSSS

TTT TT TTTT

SUBJECT LAND

PROPOSAL

The proposed development comprises demolition of the existing improvements on the site being two (2) dwellings, several outbuildings and a shop and construction of a retail development incorporating a supermarket with a floor area of approximately 3,200m2, a liquor store with a floor area of approximately 224m2, and retail floor space for specialty shops with a combined floor area of approximately 1656m2. The application proposes the fit-out of the liquor store (Ice-Box Liquor) and the supermarket as part of this application. No details have been provided in relation to the specialty shops, so any future use and fit-out may be subject to separate applications. Off-street car parking is proposed for a total of 229 vehicles on 1-level underneath the proposed supermarket. The car parking is accessed via a combined entry/exit driveways along the John Street and Clift Street frontages. Clift Street is left in and left out only. The only signage being proposed as part of this application is for the Icebox Liquor store. All other signage for future uses in the development will be subject to separate development applications. However this application includes indicative signage panels.



City Planning


The proposed trading hours of the supermarket are 7am to midnight, seven (7) days. The proposed trading hours of the proposed liquor store are 9am-8pm, Monday to Wednesday, 9am-9pm, Thursday to Saturday and 10am to 7pm, Sunday. It is anticipated that the future specialty shops may have proposed trading hours of 9am-9pm. However, these trading hours may be addressed as part of any future application for the future businesses. The bus stop located on the western side of Clift Street, located outside Victoria House, is to be relocated south to John Street. This bus bay will be fully indented and be able to park two (2) buses parallel to the kerb. In addition, temporary parking mitigative measures are proposed, by imposing a parking restriction on the northern side of Maitland Street (New England Highway) 100m on either side of Clift Street between Bowen and Cessnock Streets to improve the traffic flow during the afternoon peak, 3pm to 5.30pm.

BACKGROUND

The following applications have been considered and determined on the subject property: - • On 8 October 2009, Council granted Development Consent

(8/2009/417/1) for the change of use from a veterinary clinic to a liquor store and signage at 74 Maitland Street Branxton.

• On 30 July 2009, Council granted Development Consent

(8/2008/536/1) for the demolition of the existing building (disused service station) and the remediation of the site at 82 Maitland Street Branxton.

• On 10 July 2007, Council granted Development Consent (DA

8/2006/1 78/1) for demolition of the existing dwelling at No. 8 Clift Street, and construction of four (4) specialty shops with a combined floor area of approximately 384m2. The approved development makes provision for twenty (20) off-street car parking spaces, accessed via combined entry/exit driveways along the John Street and Clift Street frontages.

SITE DESCRIPTION

The subject site is located on the southern side of Maitland Street between Clift Street to the east and Bowen Street to the west, with the southern boundary of the site formed by John Street. The site is generally rectangular in shape and consists of twelve (12) adjoining allotments encompassing a total area of approximately 7742m². The site has frontages of approximately 90 metres to Maitland Street, 25 metres to Clift Street, and 103 metres to John Street.



City Planning


The existing improvements on the site comprise a mix of retail, residential and specialty uses accommodated within a series of single storey buildings fronting Maitland and Clift Streets, with a scattering of outbuildings located to the rear. The topography of the site falls gently downhill from south to north with a level change from John Street to Maitland Street of approximately 4 metres. The existing vegetation on the site comprises a scattering of introduced tree and shrub specifies typical of a modified urban environment.

RELEVANT ACTS

Environmental Planning and Assessment Act 1979 Roads Act 1993 Local Government Act 1993


State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy (Infrastructure) 2007 Hunter Regional Environmental Plan (Heritage) 1989 Cessnock Local Environmental Plan 1989 Draft Cessnock Local Environmental Plan 2009

CONSULTATION

Roads and Traffic Authority Hunter Regional Development Committee NSW Police Development Engineer Heritage Officer Social Planner Traffic Engineer Infrastructure Strategy Manager Local Traffic Committee Traffic Officer Property Officer Public Notification – The application was advertised and notified twice times, original and amended proposals and the relevant business owners were notified of the alterations to the parking and traffic arrangements on the northern side of Maitland Street.

PLANNING ASSESSMENT

All heads of consideration detailed under Section 79C of the Environmental Planning and Assessment Act, 1979, as amended, have been taken into consideration in the assessment of this application with the following relevant matters identified:



City Planning


a. The Provisions of any Act. Roads Act 1993 Roads and Traffic Authority Maitland and Clift Streets are classified roads and under the provisions of Section 138 of the Roads Act 1993, any works associated with development require concurrence from the Roads and Traffic Authority (RTA). The works associated with the development include a new access crossing, road works, line marking, street lighting, signalised crossing and temporary parking restrictions. The application was referred to the RTA and Hunter Regional Development Committee (HRDC) and they have provided the following comments: -

“The Hunter Regional Development Committee (HRDC) raised objections to the proposed development, subject to the developer addressing a number of matters to the satisfaction of the RTA and Council. As you are aware the proposal was placed on public exhibition for community comment. The main concerns raised by the community related to the impact of traffic generated by the development on the Clift Street intersection and potential loss of parking on the New England Highway. ROI has provided revised traffic study information, which now excludes assumptions of traffic generated by the former Huntlee Development. The chairman of the HRDC has referred the matter to the RTA. The RTA has reviewed the traffic study provided by the developer and the traffic forecasts indicate that when the supermarket is opened it will generate an additional 105 vehicle movements an hour in pm peak times in Clift Street. This will lead to an increase of vehicle queue lengths by approximately 70m in Clift Street. The traffic information indicated that the impacts on the Clift Street intersection can be managed by improving the capacity at the intersection by imposing temporary parking restrictions in the pm peak periods. To manage the traffic during the pm peak period, the temporary parking restrictions would need to be implemented on the northern side of the highway between the hours of 3pm and 5.30pm on weekdays. The parking restrictions will apply to approximately 100 metres either side of the intersection and there is some off street parking in these areas. After assessing the traffic impacts and the mitigation measures available the RTA does not object to the development on safety and traffic grounds”.



City Planning


The RTA has recommended a number of conditions be included in Council’s consent. These have been attached to the schedule of conditions below. It should be noted that if the Hunter Expressway is completed prior to the occupation of the proposed development, the proposed parking and traffic mitigation measures on the northern side of Maitland Street are not required. Local Government Act 1993 Dedication of Community Land Under Section 47F(2)(a) of the Local Government Act 1993, community land may be dedicated for the purpose of road widening of an existing road. This application involves the relocation of the existing bus stop on the western side of Clift Street, south towards John Street to accommodate two (2) buses and be fully indented to improve traffic flow. In order to provide an indented bus bay to accommodate two (2) buses, land will need to be acquired from Lots 4 and 5 DP 743973 (ROI) as well as Lot 2 DP1137953 (Council owned and community land) for road widening purposes to be dedicated as public road. A concept plan of the proposed bus bay is included in the enclosures. If approved conditions will be placed on the consent requiring the dedication of land, preparation of a plan of road widening and the lodgement of a subdivision certificate. It should be noted that the bus stop on the eastern side of Clift Street does not need to be relocated or altered as it is already located in an indented lane. b. The Provisions of any Environmental Planning Instrument State Environmental Planning Policy No 55 – Remediation of Land SEPP No. 55 specifies that a consent authority must not consent to the carrying out of development on land unless it has considered whether the land is, or is likely to be contaminated, and if the land is, or is likely to be contaminated, whether the land requires remediation before the land is developed for the proposed use. Brown’s Garage located at 82 Maitland Street was previously utilised as a service station. A separate development application (DA8/2008/536) was lodged for the remediation of this site, this application was approved on 30 July 2009. An environmental site investigation was undertaken as part of this application to assess the environmental suitability of the site for



City Planning


ongoing commercial use. Soil sampling results identified contamination on No. 82 Maitland Street (Brown's Garage) in the vicinity of the roadside fuel facilities. Consequently, a remedial action plan has been formulated for the site and approved as part of DA8/2008/536. State Environmental Planning Policy (Infrastructure) 2007 Under the provisions of this Policy the proposed development: - • has frontage to a classified road, Maitland and Clift Streets

(Clause 101) and • is a traffic generating development, the proposed development

has 229 car parking spaces and a gross floor area of approximately 5080m2 (Clause 104)

as such the application was referred to the Roads and Traffic Authority (RTA) for their comments which are to be taken into consideration. Please refer to the section above, Roads and Traffic Authority, for their comments. Hunter Regional Environmental Plan (Heritage) 1989 Clause 13 of this Plan, says “The Council shall not grant consent to an application to carry out development on land in the vicinity of a heritage item unless it has made an assessment of the effect the carrying out of that development will have on the heritage significance of the item and its setting”. The subject site is located in the vicinity of a number of items of regional environmental heritage as identified under Schedule 2 of this Plan. These items are all located on Maitland Street and include: - • Branxton Maitland Road Shops and House Group (No’s 50, 52,

56, 58, 64, 68, 69 and 70); • the drapery shop (now known as Victoria House (72); • former Bank of NSW (No. 65); and • Dura House (No. 61). In addition, the subject site is located within the Branxton Conservation area as identified in schedule 5 of this Plan. Clause 13 of this plan requires that the consent authority assess the impact of proposed development on the setting of a heritage item. A heritage impact statement was submitted by Godden Mackay Logan and the following comments have been provided: -

The eastern boundary of the subject site adjoins 72 Maitland Street. The massing and siting of the Maitland Street frontage of the proposed supermarket building has been designed to relate sensitively to the setting of No. 72 Maitland Street, immediately



City Planning


adjacent. The proposal's long horizontal frontage to Maitland Street has been modulated to reflect the historic subdivision pattern of the subject site. This reflects the established rhythm and style of the existing buildings and setbacks within the Branxton Urban Conservation Area (ie on the southern side of Maitland Street to the east of the subject site) including No. 72. The modulation of the main Maitland Street frontage recognises the streetscape character of No. 72. The end bay to the northeast corner of the subject site (fronting Maitland Street) responds to the proportions of the western bay of Victoria House and provides a sensitive transition between the adjacent item and the proposed development. Similarly, the proposed awning height to the Maitland Street elevation relates to the existing verandah height of Victoria House. Number 72 currently has an unimpeded visual backdrop when viewed from the corner of Clift Street and Maitland Street (eastern side). This elevation has also been modulated to break up the apparent massing to this frontage and is finished in colours that are responsive to the facing materials of Victoria House. The new development would have negligible visual impact on the setting of the existing item and this important streetscape in this significant view given its restrained height and setback. The palette of materials and finishes proposed, comprising painted concrete panels and glazing set in powder coated aluminium framing, provide a subtle contemporary interpretation of the existing facing materials to Victoria House.

The Branxton Maitland Road Shops and House Group, former Bank of NSW and Dura are located a considerable distance from the subject site and their setting would not be impacted by the proposal.

The application was referred to Council’s Heritage Officer for comments and she has indicated in an advisory capacity that the amended proposal was more consistent with the Branxton streetscape and that there should be some suggested alterations such as additional awnings and windows. She recommended that: -

The demolition of Brown’s Garage should not be approved without an archival photographic study. This should be in accordance with the Heritage Branch guidelines and should include black and white photographs and/or slides. The interpretation on-site initiatives should be included in the DA documentation. This should include the footprint of the building. The DA should provide a standard requirement for an excavation permit if relics are found on the site during building excavation. The applicant could commission Godden Mackay Logan to advise on the European archaeological potential of the site.



City Planning


Assessment Officers Comments The amended plans have reduced the height so that the building is lower or at the same height as Victoria House so that it does not impact upon this regionally significant heritage item. The building provides a variety of elements both horizontally and vertically such as a number of awnings, a variety of materials and colours to break up the façade to give the impression there are several buildings rather than one and add visual aesthetics to the streetscape. Godden Mackay Logan provided plans of the elevations in colours to blend in with those utilised by Victoria House, so the development is complementary. The wall of the development facing Clift street is unable to be articulated further by the way of windows as this wall adjoins the cool rooms and service rooms for the supermarket. As such a variety of colours, indentations and various heights have been utilised. Conditions of consent will require an archival photographic study of Brown’s garage and the interpretation on-site initiatives recommended in the report by Godden Mackay Logan to be adhered to, as well as a condition requiring an excavation permit if any relics are found on-site. Cessnock Local Environmental Plan, 1989 Pursuant to Clause 8 of the Cessnock Local Environmental Plan 1989 (LEP), the subject site is zoned 3(a) General Business. Under this zone, shops are a permissible form of development with consent from Council. Shop is defined as: -

“a building or place used for the purpose of selling, exposing or offering for sale by retail, goods, merchandise or materials, but does not include a building or place elsewhere specifically defined in this clause, a building or place used for a purpose elsewhere specifically defined in this clause”.

The proposal complies with the objectives of the zone by encouraging the provision of retail development and associated development such as parking. There is potential for the new specialty shops to encourage tourism. The proposed development is located in an existing commercial zone in proximity to existing retail development. The proposed development is improving pedestrian networks and safety as well as relocating a bus stop to a safer location. Under Clause 27, Development principles - Zone Nos 3 (a) and 3 (c), “the Council shall not grant consent to development on land within Zone No 3 (a) or 3 (c) unless it is satisfied that:



City Planning


(a) the development is designed and arranged in a manner which:

(i) achieves an effective relationship with adjoining development, having regard to the functions of the centre in which the development is proposed to be situated,

(ii) wherever practicable, contributes to a pedestrian network and provides amenity and comfort for pedestrians,

(iii) retains opportunities for through site links for pedestrians, (iv) wherever practicable, enables integration and connection of

parking areas, including access for pedestrians, (v) contributes to an overall improvement to the character,

appearance and functioning of the centre in which the land is situated, and

(vi) is compatible with traffic management (including service vehicles) proposals adopted by the Council for the centre in which the land is situated, and

(b) the development, by its nature, orientation, height, design and

operation will not adversely affect the amenity of any residential development in the vicinity”.

Assessment Officers Comments The major business centres of the Cessnock Local Government Area are Cessnock and Kurri Kurri. The installation of a mini shopping complex will add a new dimension to the Branxton Commercial Precinct by providing for a range of retail/commercial opportunities which do not currently existing which may include tourist related businesses. There will also be cross usage from the centre and existing businesses and vice versa. The RTA requires the pedestrian network to be upgraded to improve linkages across Clift Street and both sides of Maitland Street. At present the site has no site links for pedestrians. The development has pedestrian links from Maitland Street to the centre and the underground car park and vice versa. However, there is no safe pedestrian link from John Street to the development. The traffic management proposed as part of the development is considered acceptable and supported by the RTA. The development is considered to be appropriate development in relation to design, orientation, height, design and operation. The development adjoins residential development which is zoned 3(a) General Business. The shadow diagrams submitted with the application indicated that the proposed development overshadows the adjoining residential development in the morning. However it is considered the adjoining residential development receives adequate solar access. Refer to the shadow diagrams in the enclosures.



City Planning


Conditions of consent will be required to ensure the impact of the development on adjoining development in terms of noise, lighting and the like are minimal. There will be a noise attenuation wall adjoining the residential development as well as on the wall of the loading dock which is to be constructed in accordance with the Noise Impact Assessment by Reverb Acoustics Noise and Vibration Consultants. Draft Local Environmental Plan 2009 Zoning Under the Draft Local Environmental Plan 2009 (DLEP) the subject land is zoned B2 Local Centre. Under this zone retail premises are a permissible form of development with consent from Council. Retail premises are defined as: -

“a building or place used for the purpose of selling items by retail, or for hiring or displaying items for the purpose of selling them by retail or hiring them out, whether the items are goods or materials (or whether also sold by wholesale)”.

The proposal complies with the objectives of the zone by providing a range of retail uses that will service the needs of the people who live in, work in and visit the local area, as well as encouraging employment opportunities in the various retail premises and improving public transport by moving the bus stop to a safer location as well has providing designated community bus parking. Heritage At Council’s meeting held 3 June 2008, the draft Cessnock Local Environmental Plan, 2008 (DLEP) was presented to Council for exhibition. As part of the preparation for the DLEP Council engaged a heritage consultant to review the 1994 Cessnock Heritage Study and existing items contained in the schedules of the Regional Environmental Plan (Heritage) 1989 and Cessnock LEP 1989. This involved a review of 657 sites and landscapes. Schedule 5 of the DLEP contains a listing of 259 individual and group heritage items representing national, state and local historical themes. The properties in Maitland Street Avenue, Branxton that have been identified as draft heritage items are as follows: - 1. The Branxton Inn 31 Maitland Street. 2. Commercial Hotel 45 Maitland Street. 3. Royal Federal Hotel 50 Maitland Street. 4. Maitland Road Shops & Houses Group 50, 52, 56, 58, 60, 62, 64,

66, 68, 70 & 72 Maitland Road. 5. Dura 61 Maitland Street. 6. Bank of NSW (former) 65 Maitland Street



City Planning


The subject site is located in proximity to these draft items as indicated in the map below.

4848

45 43 4 346

29

293 94 1

31-3537

46

1

41

43

45

57 49 4 753 5155

7

5

3/7

5052

56 -58

60

561/7

3

7 5

5

52

50

48

9/7

8/7

4/7

2

3

1

59

61

59

63

35

7 0

68

70

6 4

58A

35

72

62

74

9

15

9-11

9-11

17

2

2A

78 A

80

6 91 2

7 6

8 10

7 8

71

86

75 7377

682

8 4

33

31

8 488

29

35

37

19

20 8

65

8

67

AAAAAAAAAMMMMMMMMM IIIIIIIIITTTTTTTTTLLLLLLLLLAAAAAAAAANNNNNNNNNDDDDDDDDD SSSSSSSSSTTTTTTTTT

LLL LL LLLLCCC CC CCCCIII II IIIIFFF FF FFFF

TTT TT TTTT

SSS SS SSSSTTT TT TTTT

NNNNNNNNNOOOOOOOOO HHHHHHHHH SSSSSSSSSTTTTTTTTT

SSSSSSSSSTTTTTTTTT

NNNNNNNNNDDDDDDDDD SSSSSSSSSTTTTTTTTTEEE EE EEEE

OOO OO OOOOSSS SS SSSSEEE EE EEEE

AAA AA AAAAVVV VV VVVVOOO OO OOOO

JJJ JJ JJJJHHH HH HHHHNNN NN NNNN

RRR RR RRRRAAAAAAAAAMMMMMMMMM IIIIIIIIITTTTTTTTTLLLLLLLLLAAAAAAAAA

Draft Heritage Items by House Number

Draft Heritage Items by House Number

SUBJECT LAND

Under Clause 5.10 of the Draft LEP 2009, a heritage impact statement is required for development in the vicinity of a heritage item to assess if the proposed development will impact upon the heritage significance of the item. Refer to comments above under Cessnock LEP 1989. c. The Provisions of any Development Control Plan Chapter C.1 Parking and Access The proposed development has a gross floor area of approximately 5080m2, 3200m2 for the supermarket and 1880m2 for retail tenancy. Under Clause 1.2 Car Parking Standards of this chapter of the DCP, shops with greater than 1000m2 gross floor area (GFA) (includes supermarkets, department store and shopping centre) requires 1 space per 15m2 GFA. Under these requirements the proposal requires 339 spaces. The development proposes 229 spaces which is a shortfall of 110 spaces.



City Planning


Under Clause 1.3.8 Major Traffic Generating Development,

"Parking requirements for major new developments will be assessed on merit, with particular reference to: (a) the likely demand for off street parking generated by the

development; (b) the mix of uses and their parking requirements; (c) the availability of public transport to service the development; (d) the probable mode of transport to be used by employees and/or

customers; (e) the likely peak usage times of the proposed development; and (f) the existing traffic volumes on the surrounding street network

including, where relevant, the potential traffic volumes. Where it is considered that a traffic generating development may have a major impact on traffic movement within a given locality, Council will require the applicant to submit a traffic and parking study prepared by a suitably qualified consultant prior to determining the application".

Due to the size of the shopping centre and its location, a traffic report was required. The applicant lodged a traffic report which provided the following information:-

Parking requirements for development within the Cessnock LGA are set out in DCP 2006. As a guide DCP 2006 suggests a provision of 1 space per 15m2 GFA for retail development larger than 1,000m2. Using this rate the proposed development would require 339 spaces. However, Clause 1.3.8 (Major Traffic Generating Developments) states that … parking requirements for major new developments will be assessed on merit. Thus through Clause 1.3.8, DCP 2006 recognises that “a one size fits all approach” may not be appropriate. On this basis parking for the proposed shopping centre has been estimated based on RTA guidelines. The RTA has undertaken extensive surveys of the parking demands for various land uses. Based on these surveys the RTA has produced formulae for calculating parking demands, which are set down in its “Guide to Traffic Generating Developments”. The proposed shopping centre will comprise some 3,200m2 GLA of supermarkets and some 1,915m2 GLFA of specialty retail area. Application of the RTA formula results in an estimated peak parking demand of some 220 spaces (134 spaces for the supermarket and 86 spaces for the specialty retail). The proposed provision of 229 parking spaces satisfies this requirement. By way of comparison surveys of existing parking demand at three other similar sized shopping centres with limited access to public transport found the following:



City Planning


• Cecil Hills, located in south western Sydney, is a self

contained shopping centre with limited access to public transport. It has some 3,900m2 GLFA comprising a Woolworths supermarket (some 2,400m2 GLFA) and specialty shops (some 1500m2) and parking for 165 cars. Surveys of parking demand over a day found a peak of 101 spaces. This is a parking demand of 1 space per 38m2 GLFA;

• Pemulwuy, located in western Sydney, is a self contained shopping centre with limited access to public transport. It has some 5,100m2 GLFA comprising a Woolworths supermarket (some 3,800m2 GLFA), specialty shops (some 1,300m2) and parking for 278 cars. Surveys of parking demand over a day found a peak of 151 spaces. This is a parking demand of 1 space per 34m2 GLFA; and

• Windsor, located in north-western Sydney, is located in Windsor town centre. It has some 4,200m2 GLFA comprising a Woolworths supermarket (some 2,400m2 GLFA) specialty shops (some 1,800m2) and on site parking for 144 cars. Surveys of parking demand over a day found a peak of 115 spaces. This is a parking demand of 1 space per 36m2 GLFA.

Thus the surveys of other similar shopping centres found a parking demand of between 1 space per 34m2 to 38m2 GLFA. Applying these rates, the proposed development would require 135 to 150 parking spaces. As will be discussed in the section on traffic effects, some modifications are proposed to the surrounding road network to improve traffic flow. These changes will result in the loss of up to four parking spaces on the western side of Clift Street (between Maitland Road and John Street) and some 17 spaces on the northern side of Maitland Road (100 metres either side of Clift Street). The spaces on Maitland Road would only be lost during the afternoon peak period (3pm to 6pm). [Please note the RTA have only recommended a parking restriction of 3pm to 5.30pm] Surveys of parking on Clift Street, Maitland Road (between Bowen Street and Cessnock Street) and John Street on a Thursday afternoon and Saturday found there is currently some 79 on street parking spaces available. The surveys found a peak demand of 27 spaces on Thursday and 31 spaces on Saturday. On the northern side of Maitland Road (100 metres either side of Clift Street) parking demand varied from 4 to 8 spaces between 2pm and 6pm on a weekday afternoon. These surveys were undertaken by Colston Budd Hunt and Kafes Pty Ltd, traffic engineers. Thus there were at least 48 vacant spaces during the survey periods, and the loss of some 20 spaces in the weekday afternoon



City Planning


peak period would not significantly affect access to on street parking in the area. It should be noted that the loss of parking on Maitland Road would only be temporary (two or three years) between the opening of the shopping centre and the completion of the F3 Freeway extension. Overall the proposed parking provision is considered appropriate. Appropriate bicycle and disabled parking will be provided in accordance with the requirements of DCP 2006.

Assessment Officer Comments The prescriptive requirements of the DCP require the proposed development to provide 339 car parking spaces. This policy has been in existence since 16th June 1986 with amendments on 3rd October 2001 and requires updating to bring the parking requirements into line with current industry standards. However, under Section 1.3 Qualifications and Exceptions to Parking Standards, major traffic generating developments will be assessed on its merits subject to particular requirements. Utilisation of the RTA’s “Guide to Traffic Generating Developments” indicates that proposed development requires 220 car parking spaces. The examples of shopping centres that the applicants traffic report mention, indicate that the proposed development would require between 135 to 150 car parking spaces. By taking all the requirements of Clause 1.3.8 of this chapter of the DCP into consideration, it is considered that the proposed 229 car parking spaces is considered to be adequate when compared to the RTA requirements. In addition, the comparison of similar sized developments in areas similar to Branxton which have limited public transport and rely upon vehicular transport, also supports the variation to the prescriptive requirements of Clause 1.2 of this chapter of the DCP. In addition, it is envisaged that there will be cross usage of customers visiting the shopping centre as well as the existing businesses. The proposed intersection of Clift and Maitland Streets is currently very busy and that the proposed development will generate an additional 105 vehicular movements an hour in pm peak times in Clift Street which will increase the queue lengths in Clift Street. The relocation and indentation of the bus bay will ease traffic flow. To manage the traffic during this peak it is proposed to implement temporary parking restrictions on the northern side of Maitland Street between the hours of 3pm to 5.30pm for a length of approximately 100m on either side of the intersection. This proposed parking restriction is to be a temporary measure which will be implemented when the proposed development has been constructed and will cease when the Hunter Expressway has been constructed. The RTA have indicated that the restricted parking area is be from 3pm to 5.30pm rather than 3pm to 6pm as originally



City Planning


proposed. Refer to the enclosures for the plan of the location of the parking restriction area and businesses. This will result in the customers of two (2) businesses (Icebox Liquor and Yee’s Chinese Restaurant) having to park approximately 25m to 35m away from these businesses in front of No. 49 Maitland Street, as they do not have on-site car parking and are located towards the end of the proposed parking restriction area. This extra distance is the width of the frontage of No’s 51 and 53 Maitland Street and is not considered to be a substantial distance to travel. Please refer to the enclosure for the location of these businesses in relation to the restricted parking area. The other properties located in the proposed restricted parking area have on-site car parking (5 businesses), are dwellings (2) or vacant (2) and as such are not impacted upon by the proposed restrictions. The car parking indicated on the plan of the location of the restricted parking area and businesses is indicative as the majority of car parking is not line marked. The RTA deemed that it was not warranted to impose additional parking and traffic restrictions in front of the proposed development. C.3 Contaminated Lands Part of the subject site contains an old service station (Brown’s Garage). The applicant has lodged a separate development application (DA8/2008/536) for the demolition and remediation of the service station, which was granted approval on 30 July 2009 and contamination has been identified. Refer to the section above in relation to SEPP 55. C.6 Access and Mobility This chapter aims to assist applicants in meeting the requirements for equity of access under both State and Federal discrimination legislation when new building work is proposed. The proposed development complies with the provisions of this chapter by providing adequate travel widths, travelator and lift. d. The Likely Impacts of That Development Bulk and Scale The applicant has amended the original design of the building by reconfiguring the proposed internal space, car parking and loading dock which has resulted in the external facades being significantly reduced in overall height (0.4m-2.8m), bulk and scale. Refer to the plans in the enclosures to see the reduction in height. This redesign provides a more active street frontage along Maitland Street, by providing retail activity with frontage to Maitland Street and establishing greater modulation and variable massing to reflect the



City Planning


rhythm, pattern and proportions of the existing and surrounding buildings. In addition, the proposed development does not have direct vehicular access to Maitland Street as this would have dominated this street frontage. The modifications to the design includes the submission of colours and materials which has resulted in a building that is more responsive to the character of the locality as well as reinforcing the proportions of the facades with visual queues derived from the external detailing of surrounding buildings. The reduction in height, bulk and scale decreases the impact upon Victoria House which is a heritage item so that its visual presence on the corner of Clift and Maitland Streets is maintained. Access, Transport and Traffic Hunter Expressway On 13th May 2009, the NSW Minister for Roads, Mr Michael Daley MP, announced that funds ($1.7 billion) were available for the Hunter Expressway from the F3 to Branxton (four (4) lanes and 40km long). Construction will commence on the Expressway in 2010 and it is estimated to take four (4) years to construct. Traffic The proposed development has frontage to Maitland Street (New England Highway) and Clift Street which are both State classified roads and require referral to the Roads and Traffic Authority for concurrence under Section 138 of the Roads Act. In addition, the proposal is classified as a traffic generating development under the provisions of SEPP (Infrastructure) 2007. Refer to the sections above for comments from the Roads and Traffic Authority. Maitland Street (New England Highway) and Clift Street is a major intersection that is not coping with current traffic loads. There is congestion during both the morning and afternoon peaks. The proposed development will increase the vehicular movements per hour during the afternoon peak. Refer to the RTA section above. The proposed development has frontage to John Street which is a no through road to Clift Street due to the Branxton Pre-School and Branxton Play Group which has car parking on John Street. The applicant proposes access to car parking from John Street. Access to and from the car park for the childcare centre may be disrupted for short periods of time when vehicles utilise the loading dock.



City Planning


There is a bus interchange on Clift Street at the southern end of Victoria House (72 Maitland Street). Refer to section on traffic for more information. The only traffic mitigation measures to be included at the intersection of Maitland Street (New England Highway) and Bowen Street will be the increase in length for the right hand turning lane on Maitland Street. Bus Stop – Western Side of Clift Street Currently the bus stop on the western side of Clift Street is located outside of Victoria House and is 1 and a half buses long, resulting in a bus sticking out and blocking traffic if there are two (2) buses at this location at anyone time. Between the hours of 8am to 9am and 3.30pm and 4.25pm predominantly during the school term, two (2) buses are located at the existing bus stop. The proposed location of the driveway to the underground parking results in an unsafe environment for pedestrians and vehicles. It is proposes to relocate the bus stop, south of the proposed driveway towards John Street which is closed. This bus stop will be fully indented to ensure that buses do not block the road and prohibit vehicles from passing. This proposal will improve vehicular and pedestrian movements for the community. This proposed relocation of the bus stop will result in the need for land acquisition for road widening and the dedication of land for the purposes of public road from Lots 4 and 5 DP 743973 (owned by ROI) and Lot 2 DP1137953 (owned by Council)(Community land). Refer to the plan of concept bus bay on Clift Street in the enclosures. Discussions were held with Council’s Senior Property Officer and due to the minor nature of land required for acquisition, there should be no major impediment of road acquisition. The applicant will need to enter into negotiations with Council in relation to this matter. Local Traffic Committee The Local Traffic Committee (LTC) were provided with a plan detailing the relocation of the existing bus stop to a point approximately 40m to the south, adjacent to the John Street road reserve, which included a 1.5m indentation of the kerb and gutter, reconstruction of the 1.2m wide footpath and installation of a bus shelter. The Committee did not support the proposal and required an amended plan to address their issues of concern. An amended plan was submitted to Council which fully indented the bus bay by 3m to contain two (2) buses, reconstruction of the 1.2m wide footpath and installation of a bus shelter. The LTC provided the following comments: -



City Planning


1. The length of the new bus bay would need to be long enough to cater for existing bus usage at existing bus zone in Clift St. Queuing buses at this location would severely disrupt free flowing northbound traffic on Clift Street.

2. Separate comment should also be sought from RTA (Land Use

Impacts Section) as the proposal fronts a State Road. 3. If the entry treatment for the proposed access point off Clift St is to

include a left turn deceleration lane, then the proposed bus bay would need to be relocated.

4. All signposting and line marking associated with the proposal

would need separate approval from the RTA. 5. There is concern about the impact of the proposed pedestrian

refuge on the existing bus stop on the east side and parking on the west side of Clift St near the highway

6. The applicant should investigate moving the indented bus bay

further to south and shortening the tapers so that the pedestrian refuge has less of an impact on bus stops and parking. The refuge should be moved to the north further away from the bus stops but not impact on existing parking.

7. The indented bus bay should accommodate up to four (4) buses. 8. The proposed pedestrian refuge is too wide. 9. Access to existing properties on the east side will be impeded by

the refuge. 10. The RTA originally said no for a refuge for the development at 72

Maitland Street, and as such, this stance should remain. 11. The proposed pram ramp on west side (for refuge) will conflict with

access to 72 Maitland Street (Victoria House). 12. The bus shelter should be relocated to John Street. 13. The volume of school students utilising the various buses warrants

a signalised crossing not a refuge. Comments for Assessment Officer In relation to point 1, above, the design and construction of the indented bus bay and pedestrian refuge will need to be in accordance with the relevant guidelines.



City Planning


In relation to point 2, the RTA have indicated that they have no objection to the location of the bus bay and that all line marking and signposting will require concurrence from them. In relation to point 3, during the design of the bus bay, pedestrian refuge and line marking, it will be determined if the left lane deceleration lane is adequate. In relation to point 4, the applicant will need to obtain concurrence from the RTA in relation to all signposting and line marking associated with the works on both Clift and Maitland Streets. In relation to point 5, the design of the bus bay, pedestrian refuge and line marking, will determine the size of the refuge and whether car parking will be permitted on the western side of Clift Street. In relation to point 6, the bus bay cannot be located any further south as Clift Street narrows and traffic flow may be impacted upon as well as forcing pedestrian to travel further from the bus bay on the eastern side of Clift Street. In addition, the suggestion of moving the bus bay further south may result in significant acquisition of Council’s land from the childcare centre which may impact upon the open space area of this facility. The RTA requires two (2) lanes on the western side of Clift Street which may result in a restricted parking zone in front of Victoria House. The RTA have requested double lines on Clift Street and no right hand turn from the development. Customers will need to alter their traffic movements to go via Cessnock and Maitland Streets. In relation to point 7, at present the existing bus bay provides for 1.5 buses. The proposed bus bay accommodates 2 buses to ensure there is no impact upon traffic movements. There is no nexus to require a bus bay for 4 buses. In addition, there is not enough room in Clift Street to accommodate 4 buses. When the Hunter Expressway is constructed, there may be consideration for an interchange/s on Maitland Street. In relation to point 8, the RTA will determine the size of the pedestrian refuge during the design of the bus bay, pedestrian refuge and line marking. In relation to point 9, the RTA have requested double lines on Clift Street and no right hand turn from the development. Customers will need to alter their traffic movements to go via Cessnock and Maitland Streets. In relation to point 10, the shopping centre development is substantially larger that what was being proposed for 72 Maitland Street, and as such the RTA have requested a pedestrian refuge in Clift Street.



City Planning


In relation to point 11, during the design of the bus bay, pedestrian refuge and line marking, the access to 72 Maitland Street may need to be relocated. In relation to point 12, it is considered as the bus bay is located in Clift Street and this is the route for the buses that the bus shelter should remain in Clift Street. In relation to point 13, there is no nexus to warrant a signalised pedestrian crossing and the RTA have not recommended one to be included in their conditions. Flooding Council Policy – B30.10 Branxton Flood Prone Lands This Policy contains the following restriction applicable to commercial developments in Branxton: -

Commercial buildings may be permitted in flood areas up to 1.5 metres below the 1955 high flood level.

The minimum finished floor level for commercial development in Branxton is 32.373m AHD, being 1.5m below the 1955 flood level. The proposed development proposes a floor level of 32.48m AHD which is higher than Council’s standard. The Council policy has adopted a minimum floor level having regard to risk management whilst attempting to provide a reasonable level of development potential for affected lots. The adopted minimum floor level is intended to provide some level of protection to commercial stock and equipment in more frequent events than the 1 in 100 year ARI. Particularly given the potential flood susceptibility of commercial contents. If approved, prior to issue of a construction certificate, the applicant will be required to submit a report from a suitably qualified and experienced engineer that the building structure will be able to withstand the force of flood waters and all finishes, plant fittings and equipment subject to inundation will be of materials and functional capability resistant to the effects of flood waters. Heritage Brown’s Garage (82 Maitland Street) was identified by the public as being a locally significant site. Brown’s Garage has not been identified as a heritage item or a draft heritage item (Draft LEP 2009). However, a heritage impact statement was submitted by Godden Mackay Logan (GML) and the following comments have been provided: -



City Planning


The demolition of Nos 80 and 82 Maitland Street would have some heritage impact on the Maitland Street streetscape and the Branxton Conservation Area. This would be mitigated by appropriate interpretation of the site, for which a strategy has been prepared. An Interpretation Strategy (IS) was prepared by GML in January 2009 to respond to the historic and social value of the site and facilitate the integration of the interpretation of Brown's garage into the proposed retail development. The Stage 1 IS has been designed as a stand alone document for the longer term process of managing, conserving and communicating the heritage values of Brown's garage. In this wider context the strategy is intended to inform and guide initial research, consultation and interpretative planning and would be followed by more detailed work on content and interpretation installations for specific components of the site (Stages 2 and 3).

The application was referred to Council’s Heritage Officer for comments and she has indicated: -

The demolition should not be approved without an archival photographic study. This should be in accordance with the Heritage Branch guidelines and should include black and white photographs and/or slides. The interpretation on-site initiatives should be included in the DA documentation. This should include the footprint of the building. The DA should provide a standard requirement for an excavation permit if relics are found on the site during building excavation. The applicant could commission Godden Mackay Logan to advise on the European archaeological potential of the site.

As part of Development Consent (8/2008/536/1) for the demolition of the existing building (disused service station) and the remediation of the site at 82 Maitland Street Branxton, an archival photographic study is required to be submitted to Council. If approved, a condition of consent will require the interpretative strategy prepared by GML to be incorporated into the design of the building and completed prior to the issue of the Occupation Certificate. Also, a condition will require an excavation permit if relics are found during excavation. Noise, Dust and Vibration The nature of the proposed development has the potential to create noise, dust and vibration issues during the demolition of existing buildings, construction and operation of the new building. To decrease these impacts during demolition and construction this work should only be undertaken during the following times: -



City Planning


Mondays to Fridays 7.00a.m. to 6.00p.m. Saturdays 8.00a.m. to 1.00p.m. Sundays & Public Holidays No work is to take place.

These times will ensure that all works are undertaken during acceptable times and minimise the noise to acceptable standards. If there are dust issues arising from the proposed development, mitigative measures such as watering the site can be undertaken. To minimise the impact of noise when the development becomes operational a noise impact assessment was submitted by Reverb Acoustics and the following comments have been provided: -

• An acoustic barrier are proposed to be provided on the southern side of the loading dock and the western side of the truck parking area, as well as around the plant decks/rooms.

• Considering the relatively constant traffic on nearby roads, noise generated by the site will be audible at times but no intrusive at any nearby residence.

• Providing the recommendations present in this report are implemented, operation of the new retail development will not have any long tern adverse impact upon the acoustical amenity of nearby residents.

A condition of consent will require the recommendations of this report to be adhered to. Trading Hours The applicant proposes that the trading hours for the supermarket shall be 7am to midnight 7 days per week. The proposed development is located adjacent to residential development. Vehicular movements on John Street traverse three (3) residential dwellings. The late operation of the supermarket may encourage people (particularly young people) to use it as a meeting place or venue late at night. There has been no objections raised by the community in respect to the late night trading hours of the supermarket. Given the location of Branxton it has the potential to service workers, particularly shift workers, travelling to and from the Upper Valley and in this respect a diversity of trading hours would assist in promoting Branxton as a service centre.



City Planning


It is considered that deliveries to the premises should be restricted to 7am to 10pm to minimise the impact of heavy vehicular traffic on adjoining residential development. Economic Impact The subject land is zoned 3(a) General Business and the proposed development is permissible with consent. The proposed development will provide employment during demolition, construction and operation of the supermarket and specialty shops, which will stimulate economic growth in the area. The proposed development will increase the variety and choice of retail premises available to the community. Huntlee Due to a recent court case in relation to Huntlee its future is uncertain at this time. Therefore, the role/impact of the Huntlee development cannot be considered in relation to the determination of this proposal. Suitability of the Site The subject site is zoned 3(a) General Business and is located within an established retail precinct of Branxton which is characterised by a mix of residential, retail and specialty uses, with a scattering of older residential properties and community buildings. The site adjoins land zoned commercial and is diagonally opposite residential zoned land, which is separated by Clift Street. The proposed development has been designed to minimise the impact upon adjoining development in terms of height, bulk and scale, as well as provide an active frontage along Maitland Street for pedestrians, and provide modulation and massing to reflect the pattern and proportions of the existing and surrounding development. In addition a variety of colours and materials have been utilised on the external facade to reflect those used in the existing buildings. The proposed development is considered suitable for the site and will enhance the streetscape. e. Any Submissions A copy of all submissions from Government and Servicing Authorities are included in the enclosures.



City Planning


Government Authority Submissions Roads and Traffic Authority A copy of the submission lodged by RTA is attached in the enclosures. NSW Police A copy of the submission lodged by NSW Police is attached in enclosures. Public Submissions The application was advertised twice and notified three (3) times, original and amend proposals and as well as the alterations to the parking and traffic arrangements on the northern side of Maitland Street. Details of times and number of submissions are indicated below. Copies of all public submissions are included in the enclosures. First Notification The original application was advertised and notified for a period of 15 days from 24/6/2008 to 8/7/2008 and extended to 1/8/2008. During this period sixty (60) submissions were received. However, the majority comprised four (4) different proforma letters. In addition, two (2) petitions were received with 54 and 426 signatures and four (4) late submissions were received. A. The issues of concern are summarised below: - 1. Traffic 2. Bulk and Scale 3. Social Impact 4. Economic Impact 5. Increased traffic 6. Safety 7. Heritage 8. Pollution, Noise, Vibration, Dust 9. Design 10. Amenity B The supporting comments are summarised below: - 1. Employment 2. Competition 3. Investment and growth 4. Reduced travel distance for shopping 5. Increased choice 6. New Infrastructure



City Planning


Due to the issues raised in the submissions and during the referral process, the applicant determined to lodge amended plans to address the various issues of concern. Second Notification The applicant lodged amended plans and the application was readvertised and notified for a period of 30 days from 20/3/2009 to 20/4/2009. During this period 223 submissions were received, 9 supporting the proposal and 223 objecting to the proposal. Of those objecting to the proposal there were five (5) proforma letters which comprised 203 objections. Of these, there were several people who signed more than one (1) proforma letter and/or lodged a separate letter. The application was amended and included the following changes: - • reconfiguration of the retail floor space and internal mall to provide

additional retail activity along the Maitland Street frontage at both the ground and first floor levels;

• deletion of the entry/exit driveway along the Maitland Street frontage;

• retention of the existing road closure at the eastern end of John Street;

• relocation of the loading facilities with provision made for on-site manoeuvring of vehicles;

• reconfiguration of the off-street car parking facilities to provide a more efficient internal layout and improved access arrangements;

• provision of additional landscaping around the perimeter of the site including café style seating and landscaped planters along the Maitland Street frontage;

• redesign of the external facades to significantly reduce the overall height, bulk and scale, provide a more active street frontage along Maitland Street, and establish greater modulation and variable massing to reflect the rhythm, pattern and proportions of the existing and surrounding buildings; and

• modifications to the colours and materials to be more responsive to the character of the locality, and reinforce the proportions of the facades with visual queues derived from the external detailing of surrounding buildings.

A. The issues of concern are summarised below: - 1. Increased traffic along Maitland Street and surrounding streets.

Comment The Maitland/Clift Streets intersection is currently operating at a busy level. The proposal will increase the vehicular movements on Clift and Maitland Streets. A restricted parking area is proposed on



City Planning


the northern side of Maitland Street between 3-5.30pm to improve traffic flow. The RTA deemed the use of Bowen, John and Clift Streets was considered to be better alternatives rather than direct access off Maitland Street.

2. Safety of children on Clift Street near access to development.

Comment A new pedestrian refuge will be installed to improve pedestrian safety. Refer to the plan of bus bay on Clift Street in the enclosures.

3. Traffic on John Street will conflict with the childcare traffic.

Comment Yes there maybe vehicular conflicts in John Street for minor periods when the loading dock is being utilised.

4. Out of character with development in Maitland Street.

Comment The proposal is considered to be compatible with existing development as the height and colours are similar.

5. Underground car parking out of character.

Comment Underground car parking is unusual for the area, but is not prohibited. Underground parking enables better use of commercially zoned land.

6. Does not address heritage issues.

Comment The proposal does address heritage issues and the design has sought to integrate itself into the Maitland Street streetscape.

7. Huntlee has a commercial precinct the size of Greenhills, when

constructed the proposed shopping centre will be empty.

Comment Due to a recent courtcase the future of the Huntlee development is uncertain at this time. The commercial precinct of Huntlee is not imminent and the proposed development could provide facilities to the Branxton community within 12-18 months.

8. Existing businesses will close.

Comment The proposed development will increase the variety and choice of retail premises available to the community.



City Planning


9. A service station is required, not a shopping centre.

Comment The applicant is not proposing a service station and Council can only assess the application before it.

10. Should be deferred until the Hunter Expressway is constructed.

Comment There is no nexus to justify the deferral of the development until the Expressway is constructed.

11. Does not comply with zone objective (c) as the proposal dilutes the

retail activities of Branxton.

Comment The proposed development has the potential to provide businesses that do not existing in Branxton as well as provide competition and increase availability of employment.

12. The proposal does not comply with zone objective (d) by not

improving the pedestrian network and amenity.

Comment The proposed development is improving pedestrian movement in Clift and Maitland Streets. The pedestrian amenity in the development is considered to be satisfactory.

13. No regard to streetscape.

Comment The proposed development compliments the existing streetscape by being of similar height to existing development, having compatible colours, utilisation of a variety of materials and the use of awning and verandahs.

14. Noise from demolition, construction work, traffic, various plants on

the roof will impact upon adjoining development.

Comment Through conditions of consent minimising the construction/demolition hours, and incorporating acoustic mitigation measures recommended by an acoustic consultant the impact of the development on adjoining properties will be minimised.



City Planning


15. Illumination will impact upon adjoining development.

Comment Conditions of consent will require that all lighting and illumination from any future signage be installed and operated so as not to impact upon adjoining development and traffic.

16. Dust and vibration during construction will impact upon adjoining

development.

Comment Dust and vibration during construction will be minimised through conditions requiring these works be undertaken during specific times and mitigative measures such as watering will need to be undertaken to avoid dust issues.

17. Visual aesthetics of adjoining property will be impacted upon.

Comment The height of the development may impact upon the visual amenity of adjoining residential development.

18. Value of adjoining property will be reduced.

Comment There is no evidence to suggest that the property value of adjoining development will be adversely affected.

19. No fencing details between the development and adjoining

properties has been provided.

Comment The only fencing will be located at the rear of Victoria House adjacent to the proposed access onto Clift Street and a small section adjoining No. 84 Maitland Street. There will be no other fencing as the building is built up to the boundary. No details have been provided of the fencing details.

20. The setback from the development and adjoining properties is

inadequate.

Comment Under the Building Code of Australia commercially zoned land is permitted to have a nil setback.



City Planning


21. No economic impact assessment has been prepared for the

development.

Comment This matter was addressed in the statement of environmental effects, however, a detailed economic impact assessment has not be addressed.

22. The development should incorporate a separation of building forms

to echo the current urban character, be single storey with some underground car parking, pedestrian connection from John Street to Maitland Street, semi public plaza protected from traffic noise and with good solar orientation and tenancies directly addressing surrounding public streets.

Comment The applicant has proposed a two-storey development. This reflects the existing number of two-storey developments in Branxton. The façade of the building utilises various elements to enforce the existing lot boundaries to give the impression of several buildings. There is no provision that the development must be single storey. It is considered that the proposed building is in keeping with the adjoining Victoria House. It is considered that there will not be a lot of pedestrian movement from John Street, due to the limited development on John Street and a pedestrian link is not required. The proposed development is located in proximity to a park and a public plaza is not required. The Branxton Urban Design Framework will look at future uses for Clift and Maitland Streets when the Expressway is constructed, such as increased pedestrian utilisation will enable opportunities such as footpath dining. The development does have tenancies with access to Maitland Street.

23. The proposal does not comply with Clause 27 of the Cessnock

LEP 1989.

Comment It is considered that the proposal complies with the provisions of this Clause. Refer to Cessnock LEP 1989 section above.

24. The provisions of Schedule 1 of the Cessnock LEP 1989 have not

been complied with.

Comment It is considered that the proposed development complies with the provisions of Schedule 1. Refer to Cessnock LEP 1989 section above.



City Planning


25. The traffic report by Varga Traffic and Planning Pty Ltd, is

considered to be inadequate.

Comment Agreed. The applicant was requested to provide a new traffic report which was considered to be adequate.

B The supporting comments are summarised below: - 1. The proposal is necessary to the future growth of Branxton and

surrounding areas 2. The developer has addressed the concerns of the community in

relation to traffic flow and heritage 3. Branxton is the closest town however we shop at Rutherford, the

new development will mean we can shop locally 4. The proposed development will be good for the changing Branxton

community 5. The development as planned is well within the Branxton heritage

façade. Its time to look forward not back, this site at present is nothing but an eyesore.

6. The proposed car parking numbers are considered satisfactory. Third Notification The application was notified to potentially affected business owners for a period of 15 days from 14/9/2009-29/9/2009 in relation to the proposed change to parking and traffic arrangements on the northern side of Maitland Street between Bowen and Cessnock Streets. During this period 208 submissions were received, all of which objected to the proposal. However, 184 of these submissions comprised of five (5) different proforma letters. Of these, there were several people who signed one (1) or more proforma letter and/or lodged a separate letter. In addition, there were 11 individual letters, a planning report, traffic report, group letter from businesses and survey at Karuah (also a by-pass type town). A. The issues of concern are summarised below: - 1. Increased traffic along Maitland Street and surrounding streets.

Comment Refer to point 1 of notification 2.

2. Traffic on John Street will conflict with the childcare traffic.




City Planning


3. The Hunter Expressway will not make a difference to traffic.

Comment The RTA have indicated that the construction of the Hunter Expressway will substantially decrease the amount of traffic traversing through Branxton.

4. Should be deferred until the Hunter Expressway is constructed.


5. It is understood that with the Expressway, Wine Country Drive

entrance into Branxton will be closed.

Comment This is incorrect, the Expressway will pass over Wine Country Drive.

6. Out of character with development in Maitland Street


7. Underground car parking out of character


8. Does not address heritage issues.


9. Victoria House will be impacted upon.

Comment It is considered that Victoria House will not be substantially impacted, as the height of the development has been reduced to be lower or the same height as Victoria House and the proposed colour scheme is compatible.

10. The restricted parking area will make congestion worse and will not

ease the traffic congestion.

Comment It is considered that the restricted parking area will ease congestion during the afternoon peak.



City Planning


11. Businesses adjoining the restricted parking zone will lose trade and income.

Comment This proposed restricted parking area is to be a temporary measure which is intended to be implemented when the proposed development has been constructed and will cease when the Hunter Expressway has been constructed. This will result in the customers of two (2) businesses (Icebox Liquor and Yee’s Chinese Restaurant) having to park approximately 25m to 35m minimum away from these businesses in front of No. 49 Maitland Street, as they do not have on-site car parking and are located towards the end of the proposed restricted parking area. This extra distance is the width of the frontage of No’s 51 and 53 Maitland Street and is not considered to be a substantial distance to travel. The restricted parking is between 3pm to 5.30pm. The other properties located in the proposed restricted parking area have on-site car parking (5 businesses), are dwellings (2) or vacant (2) and as such are not impacted upon by the proposed restrictions. Please refer to the enclosure for the location of these businesses in relation to the restricted parking area.

12. Traffic on John Street will increase to be higher than a residential

street.

Comment Agreed, however, John Street adjoins a commercial zone and as such, a higher amount of traffic is expected to utilise this street.

13. It is unreasonable to force business owners to offer their private

land to accommodate car parking as there will be issue of security, theft, vandalism and increased litter.

Comment Council is not requiring people to provide public car parking on private property as part of this determination.

14. No matter where the bus stop is relocated, there will still be safety

issues for the children.

Comment New pedestrian refuge is to be constructed in accordance with the RTA’s requirements to provide a safe crossing for pedestrians.

15. There will not be enough parking spaces to cater for all the

businesses in the main street.

Comment It is considered that there is adequate parking for the development and existing businesses.



City Planning


16. The relocation of the bus stop will impede traffic.

Comment The bus bay is to be fully indented and will not impede on the traffic flow.

17. Existing businesses will close.


18. A service station is required, not a shopping centre.


19. With Huntlee being built we do not need this development.


20. The building will overshadow adjoining development.

Comment The shadow diagrams submitted with the application indicated that the proposed development overshadows the adjoining residential development in the morning. However it is considered the adjoining residential development receives adequate solar access. Refer to the shadow diagrams in the enclosures.

21. Noise from demolition, construction work, traffic, various plants on

the roof will impact upon the amenity of adjoining development.


22. What design, acoustic baffling and work practices can ensure that

excessive noise is not generated?

Comment Utilisation of approve acoustic materials in walls and around plant equipment and minimisation of demolition/construction hours in accordance with the Noise Impact Assessment by Reverb Acoustics.

23. Vibration at all stages will impact upon the adjoining properties.

Comment A condition of consent will require demolition/construction during certain times.



City Planning


24. Dust and other air emissions will affect adjoining properties during demolition and construction.


25. Odour during demolition, construction and decaying waste when

operation will affect adjoining properties.

Comment Waste will be required to be collected on a regular basis.

26. Light from the development will impact upon adjoining

development.


27. Visual aesthetics of the adjoining properties will be impacted upon.


28. Will there be sufficient control of water run-off from the property so

that it doesn’t impact adjoining properties?

Comment The proposed development would need to implement engineering approved an on-site water detention system.

29. Adjoining properties will be devalued.


30. Karuah was bypassed approximately 5 years ago and as a result

many businesses closed down, this will happen to Branxton, adding a shopping centre will make things worse.

Comment Branxton is one of the gateways to the Vineyards District. The Expressway will decrease the number of vehicles entering Branxton, however, people will still come to Branxton to visit the vineyards and the various tourist attractions. The shopping centre will provide facilities that are not existing currently and has the capacity to provide growth and employment.



City Planning


31. The Branxton wastewater treatment works do not have sufficient capacity to service a new development in its catchment.

Comment The applicant will be required to submit evidence that they have complied with the provisions of a Section 50 Certificate acquired from Hunter Water Corporation as they are the water and sewer authority. If they do not acquire a section 50 certificate, the development cannot proceed.

32. Comparing Branxton to various suburbs in Sydney is not

considered adequate.

Comment The shopping centre examples are located in Sydney but have similar characteristics to Branxton being of a similar size to the proposed development and are reliant upon private transport and are considered to be adequate comparisons.

33. Insufficient population base within the local community to support

the new development even if the bypass did not proceed.

Comment It is considered that the current population base is adequate to support the proposed development and existing businesses.

34. Branxton should form a bypass working group and should contact

the Council and RTA. This working group should promote Branxton and work with Council to develop a proactive approach to overall town centre management. The working group should seek funding to assist change management associated with the bypass.

Comment Council has been formulating an urban design framework for Branxton which is currently placed on public exhibition. It aims to result in the formulation of a community working group to implement the framework.

B The supporting comments are summarised below: - 1. The Traffix report supports the information contained in the

applicants amended traffic report. STRATEGIC LINKS




City Planning


a. Other Plans Branxton Urban Design Framework The draft Branxton Urban Design Framework (BUDF) has be placed on public exhibition from 11 November 2009 until 22 January 2010, inclusive. Andrews Neil Urban Design Group were commissioned by Council to prepare the draft document to assist the community in establishing a vision to guide the future development of the Branxton Town Centre. The BUDF will be instrumental in creating a place where people enjoy living, working and visiting, to bring together people, places and buildings to create a thriving hub which is crucial to their success into the future. The draft document has had regard to public meetings held with residents and business people from Branxton and its surrounds to ascertain their ideas for the future of Branxton. Those ideas were taken into consideration during the preparation of the draft framework. It is vital that the Branxton community, through the exhibition period and working party, be involved in refining the parameters of the framework so that their vision for Branxton identified in the final document is accepted, owned and championed by that community. The draft framework covers matters including:

• overall urban design coordination; • architectural and landscape design; • traffic and road design; • heritage, tourism and retail considerations; • public safety and security considerations; • strategic and statutory planning; and • environmental planning and maintenance.

The draft BUDF has no specific development criteria. However, the proposed development is not inconsistent with the draft document in that it does not impact on the various framework principles in 7.1-7.4 of the document, nor restrict the community’s ability to adopt any of the options articulated. This proposal may assist in strengthening and diversifying the commercial precinct within Branxton, which is one of the aims of the Branxton Urban Design Framework to ensure economic sustainability.


a. Policy and Procedural Implications NIL.



City Planning


b. Financial Implications The relocation of the bus bay on Clift Street will require the dedication of land at no cost to Council. c. Legislative Implications NIL. d. Risk Implications The proposed development is located in flood prone area. The proposed development complies with the provisions of Council Policy – B30.10 Branxton Flood Prone Lands. The proposed development complies with the adopted minimum floor level which is intended to provide some level of protection to commercial stock and equipment in more frequent events than the 1 in 100 year ARI, particularly given the potential flood susceptibility of commercial contents e. Other Implications NIL.

OPTIONS

1. Approve the application subject to conditions. 2. Refuse the application subject to valid reasons of refusal being

identified. CONCLUSION

The proposed development is considered suitable for the subject site and complies with the objectives of the zone through the encouragement of business activity and adjoins the existing commercial precinct of Branxton. The proposed development is also considered to be consistent with Clause 27 and Schedule 1 of the Cessnock LEP 2009. In addition, the proposed development is considered to be consistent with the objectives of the zones of the Draft LEP 2009 and will not impact upon the draft heritage items in the vicinity of the subject site. As such, the application warrants approval subject to the conditions of consent attached. In addition, it is recommended that Council support the annexure of part of Lot 2 DP1137953 for road widening purposes to enable the full indentation of a bus bay on Clift Street.

ENCLOSURES 1 Zoning Map 2 Development Plans 3 Plan of Concept Bus Bay on Clift Street 4 Location of No Parking Area and Businesses 5 RTA Referral Comments



City Planning


6 NSW Police Referral Comments 7 Submissions - Notification No.1 8 Submissions - Notification No. 2 9 Submissions - Notification No. 3 10 Submissions - Notification No. 1 - This matter is considered to be confidential under

Council Policy

11 Submissions - Notification No.2 - This matter is considered to be confidential under Council Policy

12 Submissions - Notification No.3 Part 1 - This matter is considered to be confidential under Council Policy

13 Submissions - Notification No.3 Part 2 - This matter is considered to be confidential under Council Policy



City Planning


STANDARD CONDITIONS

SCHEDULE 1 TERMS OF CONSENT General 1. The proposed development shall be carried out strictly in accordance with the details

set out on the application form, and the Plans Numbered Project No. 2664, 1 Sheet Dated 05/02/09 Issue B Drawing No. DA02, 1 Sheet Dated 10/10/08 Issue D Drawing No. DA03, 1 Sheet Dated 10/10/08 Issue D Drawing No. DA04, 1 Sheet Dated 21/09/09 Issue D Drawing No. DA05, 1 Sheet Dated 18/01/09 Issue C Drawing No. DA06, 1 Sheet Dated Jan 09 Issue B Drawing No. DA07, 1 Sheet Dated Jan 09 Issue B Drawing No. DA08, 1 Sheet Dated Jan 08 Issue C Drawing No. DA.09, 1 Sheet Dated Jan 09 Issue C Drawing No. DA.10, 1 Sheet Dated Jan 09 Issue B Drawing No. DA.11, 1 Sheet Dated 03.11.09 Issue P1 Drawing No. DA12, 1 Sheet Dated 03.11.09 Issue P1 Drawing No. DA13, Drawn by Leffler Simes Architects, Heritage Impact Statement, Dated March 2009 and Prepared by Godden Mackay Logan Heritage Consultants Noise Impact Assessment, Dated March 2009 and Prepared by Reverb Acoustics Noise and Vibration Consultants Access Report, Dated 13th March 2009 and prepared by Accessibility Solutions (NSW) Pty Ltd as amended in red or where modified by any conditions of this consent. Note: Any proposal to modify the terms or conditions of this consent, whilst still maintaining substantially the same development to that approved, will require the submission of a formal application under Section 96 of the Environmental Planning and Assessment Act 1979 for Council’s consideration. If amendments to the design result in the development not remaining substantially the same as that approved by this consent, a new development Application will have to be submitted to Council. Reason To confirm and clarify the terms of Council's approval

2. All building work must be carried out in accordance with the requirements of the

Building Code of Australia (BCA). Reason This is a prescribed condition under Section 80A(11) of the Environmental Planning and Assessment Act, 1979.



City Planning


Design Considerations 3. No external PA system or amplified system may be provided without the consent of

Council. Reason To confirm the terms of consent and prevent noise impacts.

Access, Car parking and Loading Arrangements 4. All access crossings and driveways shall be maintained in good order for the life of the

development. Reason To ensure that a safe, adequate all-weather access is available to the development

Lighting 5. Any proposed lighting of the premises must be so positioned, directed and shielded so

that it does not interfere with traffic safety or detract from the amenity or project glare onto the adjacent premises. Reason To ensure that the proposal does not interfere with traffic safety and to protect the existing amenity of the neighbourhood.

6. Lighting must be provided within the car park and the site for the security of the

premises after dark. The lighting must be connected to a self-activating system to provide suitable illumination of the common parking area and access ways at all hours after dark. Reason To ensure that the development provides safety and security for the staff and public.

7. No flashing, chasing or scintillating lighting or promotional material of a visually

intrusive nature shall be installed or displayed on the exterior of the premises. Reason To protect the existing amenity of the neighbourhood.

8. No flags, bunting or other promotional material shall be attached to the building so as it

does not detract from the appearance of the premises or the streetscape and does not represent a hazard to the public. Reason To ensure that there is adequate control over such displays in order that they do not detract from the amenity of the neighbourhood or threaten public safety.



City Planning


Plant Equipment 9. All air conditioning and plant equipment including ducting must be hidden from public

view. If such equipment is placed outside the building or on the roof of the building, further approval must be obtained from Council. Reason To ensure that the plant equipment does not result in a detrimental visual impact.

Demolition 10. All demolition works are to be carried out in accordance with Australian Standard AS

2601-2001 “Demolition of Structures”, with all waste being removed from the site. Hazardous waste such as asbestos cement sheeting etc, being handled, conveyed and disposed of in accordance with guidelines and requirements from NSW WorkCover Authority. Disposal of asbestos material at Council’s Waste Depot requires prior arrangement for immediate land filling. Reason To ensure that all wastes including asbestos waste is handled and disposed of safely and in an appropriate manner.

11. Any asbestos linings shall be removed from the building and properly disposed of in

accordance with WorkCover Guidelines. Reason To ensure that potentially dangerous materials are removed from the building and property disposed of.

12. Following completion of works approved, the Occupational Hygienist shall issue a

clearance Certificate for the subject property indicating that the property is suitable for occupation. Details shall be supplied to Council prior to the occupation of the subject property. Reason To ensure prescribed measures identified in the work plan have bee complied with and the subject land is suitable for human occupation.

13. During demolition and construction, John Street is not to be blocked at any stage to

ensure vehicular traffic can traverse to and from pre-school and childcare centre. Reason To ensure safe and unimpeded vehicular movement.

Rubbish Bins 14. All external rubbish bins must be designed to be vandal proof.

Reason To provide for safety and security.



City Planning


Health and Food Hygiene 15. Premises which are used for the sale, storage and preparation for sale of food for

human consumption shall comply fully with the provisions of the “Food Act, 2003”, the “Regulations” thereunder, the Food Standards Code and Australian Standard 4674-2004, “Design, construction and fit-out of food premises” Reason Any premises in which food is handled for sale must be constructed so that food, equipment, appliances, fittings and packaging materials on the premises are protected from likely contamination and so as to permit the premises to be easily cleaned.

16. All walls of the food premises shall be of solid construction.

Reason To prevent access and harbourage of vermin in voids or cavities within the wall frame.

17. A designated cupboard or locker is to be provided for the storage of staff clothing and

personal belongings. Reason To prevent the risk of cross contamination of food products and food preparation areas.

18. Any refrigerated or cooling chamber which is of sufficient size for a person to enter, is

required to meet the requirements of the Building Code of Australia and must have: - i. a door which is capable of being opened by hand from inside without a key; and ii. internal lighting controlled only by a switch which is located adjacent to the entrance doorway inside the chamber; and iii. an indicator lamp positioned outside the chamber which is illuminated when the interior light is switched on; and iv. an alarm that is – a) located outside but controllable only from within the chamber; and b) able to achieve a sound pressure level outside the chamber of 90 dB(A) when measured 3m from the sounding device. The door required by (i) above must have a doorway with a clear width of not less than 600mm and a clear height not less than 1.5m. Reason To protect the safety of persons and to ensure the chamber complies with the requirements of the Building Code of Australia.

19. The developer must provide a waste storage facility with hard impervious surface,

graded and drained to a waste system in accordance to Hunter Water requirements and with a hose tap connected to the water supply. Reason To allow adequate storage for the disposal of all waste generated at the site.



City Planning


Advertising Structures 20. The only advertising structures to be erected are those for the Icebox Liquor as

indicated on the approved plans, Plans Numbered Project No. 2664, 1 Sheet Dated 03.11.09 Issue P1 Drawing No. DA12, 1 Sheet Dated 03.11.09 Issue P1 Drawing No. DA13, drawn by Leffler Simes Achitects. No other advertising structures shall be erected and no advertising material shall be affixed or displayed on any building or land without the prior approval of Council unless the advertising sign is exempt under the Cessnock Development Control Plan 2006. Reason To protect the scenic quality and character of the locality by controlling erection of advertising material.

Disabled Access 21. The proposed development shall be provided with access and facilities for people with

disabilities in accordance with AS 14281.1. Reason To ensure there is adequate access and facilities for people with disabilities.

Tree Removal 22. This consent allows the removal of trees and other vegetation from the site of approved

buildings, structures, permanent access ways and car parks. It also allows for the removal or lopping of trees within three (3) metres of approved buildings. No other trees or vegetation shall be removed or lopped except with prior written consent of Council. Reason To ensure that only trees and vegetation directly affected by the development are removed from the site, and to grant approval for such removal.

Landscaping 23. A planting schedule is to be submitted to Council and landscaping works shall be

carried out in accordance with the details indicated on the approved plan (Plans Numbered Project No. 2664, 1 Sheet Dated 10/10/08 Issue D Drawing No. DA04 and drawn by Leffler Simes Architects), except as required to be modified under the terms of this consent. Reason To ensure that adequate and appropriate provision is made for landscaping of the site in association with the proposed development, to enhance the external appearance of the premises and to contribute to the overall landscape quality of the locality.



City Planning


Contaminated Soil 24. Prior to any works being undertaken on the subject site a preliminary site assessment

is to be undertaken to ascertain if any part of the site is contaminated from leachate from the previous service station at No. 82 Maitland Street Branxton or any other hazardous material. If any contamination is found, a Remedial Action Plan is to be submitted to Council from a suitable experience and qualified person to indicate the procedures to deal with the contamination. Reason To minimise the risk or harm to current and future site work personnel, residents and visitors, and to the environment itself from possible former or unsafe contaminants.

25. Any contaminated soil must be removed from the site to an approved depot for

decontamination. Contaminated soil must not be stockpiled on the site. Reason To ensure that the contaminated soil does not represent an environmental hazard or a danger to public safety.

PRIOR TO ISSUE OF THE CONSTRUCTION CERTIFICATE Colours and Finishes 26. A schedule of external colours and finishes, being similar to the colours and finishes

shown on the approved plans Numbered Project No. 2664, 1 Sheet Dated Jan 08 Issue C Drawing No. DA.09, 1 Sheet Dated Jan 09 Issue C Drawing No. DA.10, drawn by Leffler Simes Architects, and a detailed external lighting plan, must be submitted to and approved by Council prior to release of the Construction Certificate. Reason To ensure that the nature and colour of external materials and finishes meet Council’s requirements.

Waste Management Plan 27. A Waste Management Plan in accordance with Council’s Development Control Plan

2006 Chapter C.5 Waste Management and Minimisation shall be submitted with the application for the Construction Certificate. The management plan shall include: - (a) The volume and type of waste to be generated (b) Where the waste is to be stored and treated on site (c) How the residue is to be collected and disposed of (d) On going management of the Waste Management Plan Reason To reduce the environmental impact on the site during the construction period and to ensure waste is suitably managed and minimised.



City Planning


28. Topsoil shall only be stripped from approved areas and shall be stockpiled for re-use during site rehabilitation and landscaping. Details shall be submitted to and approved by Council prior to release of the Construction certificate. Reason To minimise erosion and silt discharge and ensure valuable topsoil resources are protected.

Security 29. Prior to the issue of the Construction Certificate, details are to be submitted to Council

as to the measures to be utilised to secure the lower level car park and ground level entries at the close of business every day to ensure businesses are not impacted upon by graffiti and/or malicious damage. Reason To ensure the car park and businesses are secure at the close of business every day.

Utilities 30. The registered proprietors of the land shall provide evidence of satisfactory

arrangements having been made with electricity supply authority, telecommunications provider and the Hunter Water Corporation Ltd. in regard to any existing installations and proposed connections prior to the release of the Construction Certificate for the development. Reason To ensure that adequate electricity supply is provided and that the interests of the energy supply authority are protected.

31. Evidence shall be submitted to Council that the registered proprietors of the land on

whose behalf the application was made have complied with the requirements of Section 50 of the Hunter Water Board (Corporatisation) Act 1991. Such evidence shall be submitted Council prior to the issue of the Construction Certificate. Reason To ensure compliance with the Hunter Water Corporation requirements for the supply of water and sewerage to the new development.

Excavated Areas 32. Plans showing the extent of excavation together with details of the method of retaining,

draining and stabilising the disturbed areas shall be submitted to and approved by Council prior to issue of the Construction Certificate. Reason To determine that satisfactory arrangements have been made to reduce environmental and building damage.



City Planning


Roads, Access, Car Parking and Loading Arrangements 33. On-site car parking shall be provided for a minimum of 229 vehicles and such being set

out generally in accordance with Chapter C.1 Parking and Access of the Cessnock Development Control Plan 2006. Full details shall be submitted to and approved by the Private Certifying Authority prior to release of the Construction Certificate for the buildings. Reason To ensure that adequate provision has been made for manoeuvring and parking of vehicles within the development or on the land, to meet the expected demand generated by the development.

34. All driveways, access corridors and car parking areas are to be designed in

accordance with AS2890.1 & 2 - Parking Facilities. The car parking areas shall be constructed with reinforced concrete, graded and drained in accordance with Council’s ‘Engineering Requirements for Development’. Full details shall be provided with an application for a Construction Certificate for the building. Reason To ensure the orderly and efficient use of on-site parking facilities and ensure that adequate provision is made on-site for the loading and unloading of goods.

35. The Registered Proprietors shall construct reinforced concrete access crossings from

the kerb and gutter to the property boundary, including a layback in the kerb, in accordance with Council’s Engineering Requirements for Development (available at Council's offices) and Australian Standard 2890.1 & 2 with respect to location, size and type of driveway. Full details shall be submitted to and approved by Council prior to release of the Section 138 Roads Act 1993 approval. Construction of each crossing will require inspections to be undertaken by Council and the applicant shall pay Council an Engineering site supervision fee of $388.00 in accordance with Council’s current fees and charges, prior to the inspections being undertaken. This fee will facilitate up to two (2) inspections. However, should further inspections become necessary as a result of unsatisfactory works, additional inspection fees will be required ($194.00 per inspection). Prior to commencement of works, Council is to undertake a site inspection with the contractor to outline the construction requirements. The applicant is to advise Council at least 48 hours prior to inspections of works within the footpath and/or road reserve. Reason To ensure the provision of safe, adequately defined and properly constructed means of vehicular access from the road to the development.



City Planning


36. A separate off-street loading/unloading facility with capacity to accommodate the largest delivery vehicle likely to deliver goods to and from the premises shall be provided for all loading and unloading of vehicles wholly within the property. Such facility shall be constructed clear of the car parking area and driveways. Full details shall be submitted to and approved by the Private Certifying Authority prior to release of the Construction Certificate for the building. Reason To ensure the orderly and efficient use of on-site parking facilities and that loading and unloading of vehicles does not interfere with the use of public footpaths and roadways.

37. The registered proprietors of the land on whose behalf the application was made shall

upgrade John Street to cater for all anticipated vehicle loadings, from Bowen Street, to the end of the existing pavement at Clift Street, a distance of approximately 140m. Such upgrading works shall include removal of the existing layback crossing at Bowen Street and construction of an intersection. All works shall be designed and constructed in accordance with Council’s Engineering Requirements for Development. Full details shall be submitted to and approved by Council prior to release of the Section 138 Roads Act 1993 approval for the civil works. All works shall be completed prior to use or occupation of the buildings. Reason To ensure the public road facilities are upgraded to an appropriate standard as a result of additional requirements of the development.

38. Prior to issue of the Construction Certificate, an application shall be lodged with the

relevant approval body (Council and/or RTA) under Section 138 of the Roads Act 1993 for all public road works (on the New England Highway, Clift and John Streets) and shall be designed and constructed in accordance with the RTA Road, Design Guide, relevant Austroads guidelines and Australian Standards to the satisfaction of the RTA and Council. Detailed plans and specifications shall be lodged with the application identifying the nature of all works including the following:

a. Access to the proposed development shall be provided via a left in and left out

only connection to Clift Street. The turning movements should be separated by a raised concrete median and incorporate a suitable facility provided for pedestrians.

b. The right turn movement into the access of the proposed development shall be prohibited by the provision of a raised concrete median in Clift Street.

c. Street lighting of the new access shall be provided in accordance with Australian Standard AS11S8.

d. The intersection of the New England Highway and Clift Street shall be upgraded as follows: o A signalised pedestrian crossing shall be provided on the western leg of the

New England Highway to provide access for pedestrians on the north western side of the intersection. .



City Planning


o Street lighting for the new pedestrian leg shall be provided in accordance with the Australian Standard AS 1158.

o Two approach lanes shall be line marked in Clift Street on the approach to the lights between the New England Highway and the Clift Street access to the proposed development.

e. The intersection of the New England Highway and Bowen Street shall be

upgraded as follows: o The existing V-drain across Bowen Street shall be removed and

appropriate alternative drainage provided to facilitate the increase in vehicle movement accessing the new development.

o A left turn deceleration lane shall be provided on 'the eastern leg of the New England Highway.

f. Signs shall be constructed entirely within private property and shall not encroach or overhang, into the road reserve.

g. The proposed sign must not have/use: o Flashing lights; o Electronically changeable messages; o Animated display, moving parts or simulated movement; o Complex displays that hold a drivers attention beyond "glance

appreciation"; o Displays resembling traffic signs or signals, or giving instruction to traffic by

using words such as 'halt' or 'stop'; and o A method of illumination that distracts or dazzles.

All works shall be completed at full cost to the developer and at no cost to the RTA or Council. All works shall be completed to RTA/Council satisfaction prior to the release of the Occupation Certificate for the proposed development. Reason To ensure safe pedestrian and vehicular movements.



City Planning


Works Authorisation Deed 39. Prior to the issue of the Construction Certificate the developer/registered proprietor

shall commence negotiations with the RTA in relation to the Works Authorisation Deed. Detailed design plans and all relevant additional information are to be submitted, as may be required in the RTA's Works Authorisation Deed documentation, for each specific change to state road network for the RTA's assessment and final decision concerning the work. Please note: As the WAD process, including acceptance of road design documentation and construction, can take a considerable amount of time the developer should allow sufficient time within the project to accommodate this process. It is therefore suggested that the developer work through the process as soon as possible. Reason To ensure compliance with the provisions of the RTA and ensure safe pedestrian and vehicular movements.

Drainage and Flooding 40. The registered proprietor of the land is to provide a stormwater detention facility within

the boundaries of the site to reduce the peak stormwater discharge from the developed lot to that of the peak stormwater discharged from the undeveloped lot for all storm events from the 1 in 1 year to the 1 in 100 year Average Recurrence Interval (ARI) storm event. A detailed drainage design shall be prepared for the disposal of roof and surface water from the site, including any natural runoff currently entering the property. Details of on-site storage and the method of controlled release from the site and connection to an approved drainage system in accordance with Council’s ‘Engineering Requirements for Development’. The detailed plans, specifications and copies of the calculations, including existing and proposed surface levels, sub-catchments and conduit sizing appropriate for the development are to be prepared by an engineer suitably qualified and experienced in the field of hydrology and hydraulics. Full details shall be submitted to and approved by Council prior to release of the Construction Certificate Note: Construction shall be completed prior to the release of the Occupation Certificate. Reason To ensure that the development is adequately drained and will not increase the flood hazard or flood damage to other properties or adversely affect flood behaviour.

41. The registered proprietors of the land shall construct the following works in Maitland

Street in accordance with Council’s ‘Engineering Requirements for Development’ and set out on a set of plans, four (4) copies of which are to be submitted to and approved by Council’s Development Services Manager prior to the release of the Section 138 Roads Act 1993 approval for the civil works. a) Construct kerb inlet pit b) Reinstate road shoulders, kerb and gutter



City Planning


c) Place asphaltic concrete wearing course on reinstated road shoulder d) Top-dress and turf footpath Reason To ensure that adequate and safe all-weather access is available to the development.

42. The applicant shall submit a report from a suitably qualified and experienced engineer

in respect of the proposed development, such report to verify that:- (a) any damage to the proposed development sustained in a flood will not generate debris capable of causing damage to downstream buildings or property; (b) the building structure will be able to withstand the force of flood waters (including buoyancy forces) and the impact of debris; (c) all finishes, plant fittings and equipment subject to inundation will be of materials and functional capability resistant to the effects of flood waters. Note: The report shall be submitted to and approved by the Private Certifying Authority prior to release of the Construction Certificate for the building. Reason To minimise the extent of property damage and the risk of injury in the event of flooding of the site.

PRIOR TO DEMOLITION Heritage 43. An archival and photographic record of all structures on the subject land shall be taken

prior to demolition. Any historic items uncovered during the demolition shall be recorded and photographed for the record. A record shall be undertaken in accordance with NSW Heritage Office assessment guidelines, with a copy of the information being lodged with Cessnock City Council. A copy of the record shall be provided to Council upon the completion of works. Reason To ensure that a record of the Browns Garage and the structures on the development site are provided to Council in accordance with heritage guidelines.

Occupational Hygienist 44. Prior to the commencement of any building or demolition works the applicant shall

engage the services of an Occupational Hygienist to undertake the following:- (a) An audit of the building and associated demolition works to determine if there is any hazardous material present, which may include but not be limited to asbestos. (b) Where such materials are identified the Occupational Hygienist, shall, in consultation with the owner of the property, interested parties and relevant government authorities, develop a work Plan for the demolition and disposal



City Planning


of the hazardous material. (c) the demolition and disposal Work Plan shall - i) be developed in accordance with WorkCover authority requirements for the said demolition and/or associated work. ii) be in accordance with the waste management authority requirements for the disposal of the hazardous material. The Work Plan must be submitted to and approved by Council prior to the commencement of any works. Reason To ensure appropriate occupational health and environmental safety standards are in place relevant to the potential hazards.

DURING DEMOLITION Heritage 45. Should any archaeological sites be uncovered as a result of the demolition, earthworks

or remediation works, all work shall cease and the provisions of the Excavation Reporting Plan shall be adhered to, including an archival and photographic record. Reason To ensure any potential archaeological sites are not destroyed.

General 46. Demolition and associated work shall be carried out only between the times stated as

follows:- Mondays to Fridays 7.00am to 6.00pm Saturdays 8.00am to 1.00pm Sundays & Public Holidays No work is to take place. Reason To ensure that the environmental quality of adjoining land is not adversely affected, such as by the generation of excessive noise levels.

47. If the soil conditions require it:-

(a) retaining walls associated with the demolition of a building or other approved methods of preventing movement of the soil must be provided, and (b) adequate provision must be made for drainage. Reason To ensure that the development, when constructed, will comply with the Environmental Planning and Assessment Act 1979.



City Planning


48. If the work involved in the demolition of a building:-

(a) is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or (b) building involves the enclosure of a 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. Reason To ensure that the development, when constructed, will comply with the Environmental Planning and Assessment Act 1979.

49. A sign must be erected in a prominent position on any site on which building work or

demolition work is being carried out: (a) showing the name, address and telephone number of the Principal Certifying Authority for the work, and (b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and (c) stating that unauthorised entry to the work site is prohibited. Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, however must be removed when the work has been completed. Reason This is a prescribed condition under Section 80A(11) of the Environmental Planning and Assessment Act, 1979.

Building Construction 50. All excavations and backfilling associated with the erection or demolition of a building

must be executed safely and in accordance with the appropriate professional standards. Reason To ensure that all excavations on the site are maintained in a safe condition.



City Planning


51. All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property. Reason To ensure that all excavations on the site are maintained in a safe condition.

Disconnection of Services 52. All water, sewer and stormwater services shall be disconnected from the town

reticulation system and adequately sealed off by a Licensed Plumber. Reason To prevent future damage to infrastructure under the control of the Hunter Water Corporation or Council.



DURING CONSTRUCTION Flooding 54. The finished floor level of the proposed building shall be certified by a registered

surveyor as being a minimum of RL 32.373m AHD, being 1.5m below the 1955 flood level and complying with the provisions of Council Policy – B30.10 – Branxton Flood Prone Lands. The evidence shall be submitted to Council prior to pouring the slab of the proposed development. Reason To minimise the extent of property damage and the risk of injury in the event of flooding of the site.



City Planning


Heritage 55. Should any archaeological sites be uncovered as a result of the demolition, earthworks

or remediation works, all work shall cease and the provisions of the Excavation Reporting Plan shall be adhered to, including an archival and photographic record. Reason To ensure any potential archaeological sites are not destroyed.

General 56. The registered proprietor of the land shall be responsible for all costs incurred in the

necessary relocation of any services affected by the required construction works. Council and other service authorities should be contacted for specific requirements prior to commencement of any works. Reason To ensure that any required alterations to utility infrastructure are undertaken to acceptable standards at the developer’s cost.

57. If the 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:- a) must preserve and protect the building from damage, and b) if necessary, must underpin and support the building in an approved manner, and c) must, at least seven (7) days before excavating below the level of the base of the footings of 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 clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land. In this clause, allotment of land includes a public road and any other public place. Reason To ensure that the development, when constructed, will comply with the Environmental Planning and Assessment Act, 1979.



City Planning


58. If the work involved in the erection of a building:- (a) is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or (b) building involves the enclosure of a 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. Reason To ensure that the development, when constructed, will comply with the Environmental Planning and Assessment Act 1979.

59. A sign must be erected in a prominent position on any work site on which work involved

in the erection of a building is being carried out:- (a) stating that unauthorised entry to the work site is prohibited, and (b) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours. Any such sign is to be removed when the work has been completed. This clause does not apply to: (a) building work carried out inside an existing building, or (b) 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. Reason To ensure that the development, when constructed, will comply with the Environmental Planning and Assessment Act 1979.



City Planning


60. Toilet facilities are to be provided prior to works commencing, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be a sewage management facility approved by the NSW Department of Health and/or Council and operate in an environmentally responsible manner, free of nuisance or offence, and be appropriately serviced. Reasons To ensure that suitable and environmentally sustainable toilet facilities are provided for all persons employed or visiting the site. To ensure that the development, when constructed, will comply with the Environmental Planning and Assessment Act, 1979.

61. Construction and associated work shall be carried out only between the times stated as

follows:- Mondays to Fridays 7.00am to 6.00pm Saturdays 8.00am to 1.00pm Sundays & Public Holidays No construction work to take place. Reason To ensure that the environmental quality of adjoining land is not adversely affected, such as by the generation of excessive noise levels.

62. A container of at least one (1) cubic metre capacity shall be provided and maintained

from the commencement of operations until the completion of the building for the reception and storage of waste generated by the construction of the building and associated waste. Reason To ensure that waste generated by the building works is contained and does not pollute the surrounding environment.

63. All building materials, plant and equipment is to be placed on the building site. Building

materials, plant and equipment (including water closets), are not to be placed on footpaths, roadways, public reserves etc. Reason To ensure pedestrian and vehicular access is not restricted in public places.

Building Construction 64. All excavations and backfilling associated with the erection or demolition of a building




City Planning


65. All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property. Reason To ensure that all excavations on the site are maintained in a safe condition.

66. The excavated and/or filled areas of the site are to be stabilised and drained to prevent

scouring onto adjacent private or public property. The finished ground around the perimeter of the building is to be graded to prevent ponding of water and to ensure the free flow of water away from the building and adjoining properties. Reason To reduce the risk of environmental and building damage.



68. Filling shall not be placed in such a manner that natural drainage from adjoining land

will be obstructed. Reason To ensure that filling placed on land does not affect natural drainage.

69. Filling shall not be placed on land in such a manner that surface water will be diverted

to adjoining land. Reason To ensure that site works do not result in water being diverted onto adjoining land.

Scheduling Of Inspections 70. The applicant is to advise the Private Certifying Authority at least 48 hours prior to

commencement of any construction works on site or associated with the site, together with the approved contractor's name and address. Reason To enable orderly scheduling of inspections



City Planning


71. Prior to commencement of any works within the road reserve, the applicant or their nominated contractor shall obtain a Roads Act Approval (S138) from Council. Reinstatement of the road and footway shall be to the satisfaction of Council’s Development Services Manager prior to the issue of the Occupation Certificate. Reason To ensure public safety for road users.

PRIOR TO ISSUE OF OCCUPATION CERTIFICATE Demolition and Removal of Buildings 72. The existing buildings are to be demolished and/or removed prior to release of the

Occupation Certificate. Reason To ensure compliance with the provisions of the consent.

73. If any asbestos material was removed from the site, evidence of certified disposal shall

be provided to Council prior to issue of Occupation Certificate. Reason To ensure that asbestos waste is disposed of in an appropriate manner.

Validation of Work 74. Prior to the issue of an Occupation Certificate, a compliance certificate shall be issued

to ensure that all conditions of consent pertaining to development consent Development Application No 8/2008/536 – Demolition and Remediation Works on Lot 1 DP 195129 No. 82 Maitland Street Branxton approved 30/7/2009 have been complied. Reason The following condition(s) have been applied to confirm and clarify the terms of Council’s Approval.

75. Upon the completion of all demolition, remediation and construction works, and prior to

the issue of the Occupation Certificate, the applicant shall submit a Validation Report, prepared by an appropriately qualified professional to verify that the site has been remediated in accordance with the Remedial Action Plan (if required). Reason To ensure works have been completed in a satisfactory manner and ensure all contamination has been removed from the site.



City Planning


Subdivision Certificate 76. A final plan of survey, prepared by a Registered Surveyor, and seven (7) copies for

endorsement by Council are to be submitted with the application for a Subdivision Certificate. Reason To enable the linen plan to be legally made.

77. That portion of Lots 4 and 5 DP 743973 that is required as road widening along Clift

Street is to be dedicated as public road. This road widening is to be delineated on the final plan of subdivision submitted with the application for a Subdivision Certificate. Reason To facilitate the implementation of proposed road widening and road improvement works considered to be necessary and/or desirable having regard to likely increased traffic movement in Clift Street.

78. The portion of the of Lots 4 and 5 DP 743973 required for road widening shall be

transferred to Council or the RTA for dedication as road and a suitable survey plan providing for the dedication shall be lodged with the Land Titles Office for registration as part of the issue of the relevant Subdivision Certificate. Reason To facilitate the implementation of proposed road widening and road improvement works considered to be necessary and/or desirable having regard to likely increased traffic movement at the intersection.

79. A plan of consolidation of all lots included within the bounds of the development shall

be submitted to Council prior to release of the Occupation Certificate. The final plan of consolidation shall be approved by Council prior to the issue of a Subdivision Certificate, and shall be registered at the Land Titles office, Sydney, prior to commencement of occupation or use of the premises. Reason To ensure that the proposed development is managed as a single entity by the owner or owners.

Bus Stop 80. The bus stop and shelter are to be provided on Clift Street in accordance with the

requirements of the Roads and Traffic Authority. The bus stops, shelters and signage are to comply with the relevant Austroad Standards. Reason To ensure adequate bus shops and shelters are provided.



City Planning


General 81. Occupation or use of premises for the purposes approved by this consent shall not

commence until all conditions of this consent have been complied with and the Occupation Certificate has been issued. Reason To ensure compliance with the provisions of the Environmental Planning and Assessment Act, 1979, and Council's terms of consent.

82. The building must comply with the Fire Safety provisions applicable to the approved

use. Prior to the issue of the Occupation Certificate, the applicant shall provide Council and the Fire Commissioner with a copy of the Final Fire Safety Certificate and the Fire Safety Schedule relating to the required fire safety measures in accordance with Division 4 of the Environmental Planning and Assessment Regulation 2000 prior to occupation of the building or issue of an Occupation Certificate. The final Fire Safety Certificate and the Fire Safety Schedule are to be prominently displayed in the building. This condition MUST be complied with prior to the Occupation Certificate being issued. Reason To ensure the required fire safety measures have been installed in the building and are operable prior to occupation of the building. To comply with the prescribed requirements of the Environmental Planning and Assessment Act.

83. Bollards/approved barriers shall be provided adjacent to egress doors and paths of

travel that are likely to be obstructed by vehicles, plant or equipment associated with the use of the premises. Reason To provide the occupants with a safe passage from the building.

Road, Access, Car Parking and Loading Arrangements 84. All redundant vehicular accesses shall be removed and the footpath, road shoulders

and kerb and gutter, where applicable, restored to match existing conditions at no cost to Council prior to use of the building or issue of an Occupation Certificate for the building. Reason To ensure that vehicular access to the development occurs efficiently and safely in accordance with approved plans and unnecessary accesses are restored at no cost to Council.

85. Car parking areas shall be fully constructed and line marked with appropriate signage

prior to the release of the Occupation Certificate. Reason To ensure the orderly and efficient use of on-site parking facilities and ensure that adequate provision is made on-site for the loading and unloading of goods.



City Planning


86. Loading/unloading facilities shall be constructed prior to occupation of the building. Reason To ensure the orderly and efficient use of on-site parking facilities and that loading and unloading of vehicles does not interfere with the use of public footpaths and roadways.

87. The vehicular entrance and exit driveways and the direction of traffic movement within

the site shall be clearly indicated by means of reflectorised signs and pavement markings prior to occupation of the building and for the life of the development. Reason To ensure that clear direction is provided to the drivers of vehicles entering and leaving the premises in order to facilitate the orderly and efficient use of on-site parking spaces and driveway access and in the interest of traffic safety and convenience.

88. All parking and loading bays shall be permanently marked out on the pavement

surface, with loading bays and visitor parking facilities shall be clearly indicated by signs prior to occupation of the building and for the life of the development. Reason To encourage the use of the proposed on-site car parking facilities and thereby minimise kerbside parking in the adjacent public road as a result of the proposed development.

89. Proposed parking areas, service bays, truck docks, driveways and turning areas shall

be maintained clear of obstructions and be used exclusively for purposes of car parking, loading/unloading, and vehicle access respectively for the life of the development. Under no circumstances are such areas to be used for the storage of goods or waste materials. Reason To ensure that the proposed/required parking, loading/unloading facilities and associated driveways are able to function efficiently for their intended purposes.

90. Signs shall be clearly displayed at the Maitland Street frontage of the premises

indicating the availability of car parking at the rear for the life of the development. Note: AS 1742.1 requires the use of white lettering on blue background for such signage. Reason To encourage the use of the proposed on-site car parking facilities and thereby minimise kerbside parking in the adjacent public road as a result of the proposed development.



City Planning


91. Kerbing shall be constructed along the edge of all garden areas or lawn areas adjacent to driveways and parking bays sufficient to discourage the encroachment of vehicles thereon. Construction shall be completed prior to the release of the Occupation Certificate. Reason To assist in confining vehicular movement to constructed driveways and parking areas and protect site landscaping works against vehicular damage.

92. Prior to the issue of the Occupation Certification, all requirements of conditions 37 and

38 and any other requirements of Council are to be completed. Reason To ensure safe pedestrian and vehicular movements.

93. All road works required as part of Works Authorisation Deed as referred to in condition

39 must be completed prior to occupation of the new development. Reason To ensure compliance with the requirements of the RTA and ensure safe pedestrian and vehicular movements.

Hunter Expressway 94. Should occupation of the development occur prior to the completion of the Hunter

Expressway the following works shall be undertaken prior to release of the Occupation Certificate: -

a. Temporary parking restrictions shall be implemented on the New England

Highway through appropriate line marking, pavement marking and signposting as follows: -

o On the northern side of the New England Highway between the hours of

3:00PM and 5:30PM on weekdays from at least 100 metres west of Clift Street to at least 100 metres east of Clift Street.

b. Provision shall be made for cyclists through the intersection.

c. The applicant shall enter into an agreement with the RTA to reinstate the original

line marking, pavement marking and signposting following completion of the Hunter Expressway.

The works shall be completed to RTA/Council satisfaction prior to the release of the Occupation Certificate for the proposed development.



City Planning


Please note: If the Hunter Expressway is completed prior to release of the Occupation Certificate, the works to be undertaken as part of this condition are not required. Reason To ensure the provisions of the restricted parking area on the northern side of Maitland Street are complied with prior to the completion of the Hunter Expressway.

Drainage and Flooding 95. The registered proprietor of the land shall ensure that connection of the stormwater

drainage to the proposed kerb inlet pit in the Maitland Street is carried out in accordance with the following: a) the connection point into the drainage pit will be required to be sealed by the use of mortar ensuring that no material can enter the drainage system around the connection point. The connection of the PVC pipe is to be flush with the interior of Council’s drainage pipe so that there are no obstructions within Council’s drainage pipe. b) Any excess mortar or concrete rubble caused from the connection into the pit is to be removed at the expense of the person/s undertaking the works from both the footpath and from within the pit. c) When working within the footpath, appropriate signage is to be displayed warning pedestrians of the works. The owners of the above property shall hold Cessnock City Council indemnified against any claims arising out of damage or injury to property or persons in the performance of the proposed works. d) Any disturbance to underground services is to be restored / replaced at the expense of the person/s undertaking the works. e) All disturbed areas within the footpath are to be restored to at least the condition before the commencement of any works. This expense is to be borne by the owner of the property. f) An inspection of the stormwater connection into the pit will be required by a Council employee. The Development Services Manager shall be notified at least 48 hours before the time of inspection. g) All works are to be carried out in accordance with Cessnock City Councl’s ‘Engineering Requirements for Development.’ Construction works are to be completed prior to the use or occupation of the development. Reason To ensure that adequate connection to the Council stormwater system is provided and Council’s drainage asset is preserved, in accordance with current Council requirements.

96. All drainage works required to be undertaken in accordance with this consent shall be

completed prior to use or occupation of the development. Reason To ensure that on site stormwater runoff is properly collected and conveyed to an appropriate drainage facility.



City Planning


97. The registered proprietor of the land shall prepare a Plan of Management for the on-

site stormwater detention facilities within the development. The Plan of Management shall set out all design and operational parameters for the detention facilities including design levels, hydrology and hydraulics, inspection and maintenance requirements and time intervals for such inspection and maintenance. The plan shall be submitted to and approved by the Private Certifying Authority for approval prior to the issue of an Occupation Certificate. Reason To ensure the on-going maintenance and operation of the on-site stormwater detention facilities in accordance with the approved design.

98. The registered proprietor of the land shall submit a report and a works-as-executed

(WAE) drawing of the stormwater detention basin(s) and stormwater drainage system. The WAE drawings shall be prepared by a registered surveyor and shall indicate the following as applicable: * invert levels of tanks, pits, pipes and orifice plates * surface levels of pits and surrounding ground levels * levels of spillways and surrounding kerb * floor levels of buildings, including garages * top of kerb levels at the front of the lot * dimensions of stormwater basins and extent of inundation * calculation of actual detention storage volume provided The plan shall be accompanied by a report from the designer stating the conformance or otherwise of the as constructed basins in relation to the approved design. The WAE plan and report shall be submitted to and approved by the Private Certifying Authority prior to issue of an Occupation Certificate. Reason To ensure the stormwater detention system has been constructed in accordance with the design plans.

99. The applicant shall prepare a flood emergency evacuation and management plan for

the proposed development. The plan should advise occupants of flood evacuation procedures and emergency contact telephone numbers. The applicant should contact Council and the State Emergency Service for advice in the preparation of the management plan. The evacuation procedures should be permanently fixed to the building in a prominent location and kept up to date at all times. The management plan shall be submitted to and approved by Council prior to use or occupation of the development. Reason To ensure occupants of the units are aware of the flood hazard and emergency procedures in the event of flood.



City Planning


Noise Control 100. Appropriate acoustic treatment shall be implemented in accordance with the

recommendations set out in the Noise Impact Assessment, Dated March 2009 and Prepared by Reverb Acoustics Noise and Vibration Consultants. Note: Written certification from the said consultant confirming that the recommended acoustic treatment has been implemented in accordance with the requirements is to be submitted to the Principal Certifying Authority prior to the commencement of any noise generating activity within the premises. Reason To ensure that appropriate noise control measures are implemented in order to protect the amenity of the neighbourhood.

POST OCCUPATION OPERATIONAL REQUIREMENTS Noise Control 101. Following commencement of occupation, the supermarket shall operate or trade only

between the times stated as follows:- Mondays to Sundays & Public Holidays 7am to Midnight

102. Following commencement of occupation, the Icebox Liquor shall operate or trade only

between the times stated as follows:- Mondays to Wednesday 9am-8pm Thursday to Saturdays 9am-9pm Sundays 10am to 7pm

103. Any proposed mechanical ventilation and/or air conditioning systems, or other

mechanical services, shall be operated in a manner which does not give rise to “offensive noise”, as defined under the Protection of the Environment Operations Act, 1997, as amended. Reason To ensure compliance with the provisions of the Protection of the Environment Operations Act, 1997, as amended, and to protect the existing amenity of the neighbourhood.

104. Deliveries to the proposed businesses are to be limited to the following hours only:-

Mondays to Saturdays 7.00am to 10.00pm Sundays & Public Holidays 8.00am to 10.00pm. Reason To ensure that the environmental quality of adjoining land is not adversely affected, such as by the generation of excessive noise levels.



City Planning


105. The Laeq 15 minute operating noise level of the premises, including machinery, plant, equipment and vehicle movements when measured at the boundary of the worst affected residential premises shall comply with the following:- * 7.00am – 6.00pm Monday to Saturday or 8.00am – 6.00pm Sundays and Public Holidays (Daytime) 46 dB(A) * 6.00pm -10.00pm (Evening) 45 dB(A) * Outside the abovementioned hours (Night time) 40 dB(A) Reason To ensure the project specific noise levels are not exceeded so as to protect the amenity of the neighbourhood.

Health 106. Upon commencement of trading, as part of Council’s Regulated Premises audit

program, all business involved in the sale of food at this site are required to be listed on Council’s Regulated Premises Register and will be subject to an annual registration/renewal fee each financial year and a separate inspection fee when inspections are conducted by Councils Environmental Health Officers. Reason To ensure compliance with the provisions of the Public Health Act of 1991, Food Act 2003 and Food Regulation 2004, Food Standards Code and broadly that all public health, food handling and safety practices, and environmental issues are being addressed.

Safety 107. If Council or the NSW Police consider that there is a need to gate the car parking

entrance in order to aid community safety and make a request in writing, then the operator must construct gates to car park entrance in accordance with any specified time period for completion of the works. Reason To provide territorial reinforcement and facilitate community safety.

Vehicular Access, Parking and Loading 108. Proposed parking areas, service bays, truck docks, driveways and turning areas shall

be maintained clear of obstructions and be used exclusively for purposes of car parking, loading/unloading, and vehicle access respectively for the life of the development. Under no circumstances are such areas to be used for the storage of goods or waste materials. Reason To ensure that the proposed/required parking, loading/unloading facilities and associated driveways are able to function efficiently for their intended purposes.



City Planning


Heritage 109. Prior to the issue of the Occupation Certificate, details of how the recommendations of

the Brown’s Garage , Branxton Interpretation Strategy prepared by Godden Mackay Logan, Heritage Consultants and dated January 2009 are to be implemented and continued through the operation of the development are to be submitted to Council. Reason To ensure the diverse heritage values of Brown’s Garage and the Branxton area are relayed to the community.

Fencing 110. Prior to the issue of the Occupation Certificate, fencing is to be installed on those

boundaries where there is no wall. Fencing details are to be agreed with the adjoining owners. Reason To ensure the subject site and adjoining development is secure.

ADVICE 1. If Council is the Private Certifying Authority the applicant shall pay Detention Basin(s)

engineering checking and site supervision fees in accordance with Council’s adopted fees and charges prior to release of a Construction Certificate for the site. Council’s current fee is $1005.00 per basin for basins between 50m3 and 500m3. Final fee amounts will be levied on accurate dimensions contained within the engineering plans and in accordance with Council’s adopted fees and charges current at the time of payment. Reason To ensure that the developer meets all costs associated with the approval of engineering plans and the inspection of detention basin works associated with the development.

2. The applicant shall lodge payment of fees and contributions for construction of

drainage works as follows:- Final bond amounts will be levied on accurate dimensions contained within the engineering plans. (i) Drainage fees - engineering plan checking and supervision of $ 1164.00 (ii) A performance bond of a minimum of $1000 or 5% of the contract construction costs, whichever is greater (transferable). (iii) A road maintenance bond of a minimum of $1000 or 5% of the contract construction costs, whichever is greater (refundable). It will be necessary for the applicant to submit evidence of the contract price of all construction works in order for Council to assess accurate bond amounts. If no contract price is submitted, Council will estimate the value of construction works.



City Planning


The fees and bonds shall be payable prior to release of the Section 138 of the Roads Act 1993 approval for the Civil Works and shall be in accordance with Council’s adopted fees and charges current at the time of payment. Reason To meet costs associated with the approval of engineering plans and inspection of construction works.

3. The applicant shall lodge payment of fees and contributions for works in John Street as

follows:- Based on a road length of approximately 140 metres. Final bond amounts will be levied on accurate dimensions contained within the engineering plans. (i) Road fees - engineering plan checking and supervision of $ 4588.00 (ii) A performance bond of a minimum of $1000 or 5% of the contract construction costs, whichever is greater (transferable). (iii) A road maintenance bond of a minimum of $1000 or 5% of the contract construction costs, whichever is greater (refundable). It will be necessary for the applicant to submit evidence of the contract price of all construction works in order for Council to assess accurate bond amounts. If no contract price is submitted, Council will estimate the value of construction works. The fees and bonds shall be payable prior to release of the Section 138 of the Roads Act 1993 approval for the Civil Works and shall be in accordance with Council’s adopted fees and charges current at the time of payment. Reason To meet costs associated with the approval of engineering plans and inspection of construction works.



City Planning


SUBJECT: DEVELOPMENT APPLICATION NO 8/2009/531/1 - NEW DWELLING -

MILLFIELD SMALLHOLDINGS AUTHOR: Senior Building & Development Assessment Officer - Darren Layt RECOMMENDATIONS 1) That Development Application No. 8/2009/531/1 for a new dwelling on Lot 1013

DP 1121795, 45 Third Avenue Millfield be determined pursuant to S80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to the conditions at the end of the report.

2) That any future development applications for dwellings within the Millfield

Small Holdings Area and located on allotments identified by Council as being suitable for onsite sewage management systems in accordance with the Plan reference ‘Millfield Sewage Investigation’ dated 1 April 2009 be determined under delegated authority.

REASON FOR REPORT

Report submitted to Council due to variations to Development Control Plan 2006.

APPLICANT

Mr A C & Mrs M Russell

OWNER

Mr A C & Mrs M Russell

APPLICATION LODGED

9 September 2009

PROPERTY ADDRESS

Lot 1013 DP 1121795, 45 Third Avenue Millfield

AREA

4094m2

ZONING

1(c) Rural-Residential/Rural (Small Holdings) Zone



City Planning


MAP

FFFFFFFFF

MMMMMMMMMIIIIIIIIILLLLLLLLLLLLLLLLLLIIIIIIIIIEEEEEEEEELLLLLLLLLDDDDDDDDD

NNNNNNGGGGGGGGGLLLLLLLLLEEEEEEEEEYYYYYYYYY

GGGGGGGGGUUUUUUUUULLLLLLLLLLLLLLLLLL

RRRRRRRRRDDDDDDDDD

MMMMMMMMMBBBBBBBBBIIIIIIIII RRRRRRRRRDDDDDDDDD

OOO OO OOOO

OOOOOOOOOWWWWWWWWWOOOOOOOOO LLLLLLLLLLLLLLLLLL

BBB BB BBBBYYYYYYYYY

UUUUUUUUUNNNNNNNNN

DDDDDDDDDAAAAAAAAA

RRRRRRRRR

SSSSSSSSSTTT TTTTTT

TTTTTTTTTVVVVVVVVV

FFFFFFFFFIIIIIIIIIRRRRRRRRRSSSSSSSSS SSSSSSSSSTTTTTTTTT

MMMMMMMMMOOOOOOOOO

UUUUUUUUUNNNNNNNNN

TTTTTTTTT

WWWWWWWWWIIIIIIIIIEEEEEEEEE

RRRRRRRRRDDDDDDDDD

CCCCCCOOOOOONNNNNNNNNDDDDDDDDD SSSSSSSSSTTTTTTTTT

OOOOOOOOOWWWWWWWWW LLLLLLLLL LLLLLLLLLOOOOOOOOO MMMMMMMMMBBBBBBBBBIIIIIIIII RRRRRRRRRDDDDDDDDD

LLLLLLLLL

WWWWWWWWWAAAAAAAAALLLLLLLLL MMMMMMMMMSSSSSSSSS EEEEEEEEEYYYYYYYYY SSSSSSSSSTTTTTTTTT

AAAAAAAAAHHHHHHHHH

NNNNNNNNNTTTTTTTTT

VVVVVVVVV

EEEEEEEEELLLLLLLLLEEEEEEEEE

EEEEEEEEEVVVVVVVVV

EEEEEEEEE

VVVVVVVVVTTTTTTTTTHHHHHHHHH AAAAAAAAA EEEEEEEEE

EEEEEEEEETTTTTTTTTHHHHHHHHH AAAAAAAAAVVVVVVVVV

SSSSSSSSSEEEEEEEEEVVVVVVVVVEEEEEEEEENNNNNNNNNTTTTTTTTTHHHHHHHHH AAAAAAAAAVVVVVVVVVEEEEEEEEE

AAAAAAAAAEEEEEEEEEIIIIIIIIIGGGGGGGGGHHHHHHHHHTTTTTTTTTHHHHHHHHH VVVVVVVVVEEEEEEEEE

AAA AA AAAA

VVV VV VVVVEEE EE EEEE NNNNNNNNNIIIIIIIIINNNNNNNNN

HHH HH HHHHSSS SS SSSS

III II IIIIXXX XX XXXXTTT TT TTTT

TTTTTTTTTEEEEEEEEENNNNNNNNNAAA AA AAAA

FFFFFFFFF IIIIIIIIIFFFFFFFFF

TTTTTTTTTHHH HH HHHH

VVV VV VVVV

EEE EE EEEE

IIIIIIIIITTTTTTTTTHHHHHHHHH

RRRRRRRRRDDDDDDDDD AAAAAAAAAVVVVVVVVVEEEEEEEEE

EEEEEEEEESSSSSSSSS CCCCCCCCCOOOOOOOOO NNNNNNNNNDDDDDDDDD AAAAAAAAAVVVVVVVVVEEEEEEEEE

4567

9

1011

1017

96

1

110321011

10151015

18

3

13

12 4

910

102

14

101

103

107

106

105

104

96

DP13226

1 3

500

1

176

21

523

1 56

DP7405143

241

22

420 DP77726941

1006 1005

1008

1007SUBJECT LAND

PROPOSAL

The applicant proposes to construct a single storey brick veneer dwelling.

BACKGROUND

Council has received previous reports regarding sewage wastewater disposal within the Millfield Small Holdings Area. The following was resolved at the Ordinary Council Meeting held on 3 June 2009: 1. That Council amend Chapter E.9 (Millfield Smallholdings) of

Cessnock Development Control Plan 2006 in regard to the management of domestic sewage and wastewater.

2. That Council commence discussions with Hunter Water

Corporation in relation to the provision of a low pressure sewer system to service part of the Millfield Smallholdings area as shown in the map dated April 1 2009, designed by Cessnock City Council and referenced “Millfield Sewage Investigation” and included as an attachment to this report.

3. That Council commence discussions with the owners of

properties with approved pump-out systems in relation to installing an onsite effluent disposal system.

4. That Council support a variation of Clause 9.2.7 of Cessnock

DCP 2006 (Chapter 9 – Millfield Small Holdings) to allow an



City Planning


onsite effluent disposal system in relation to Development Application No. 8/2009/92/1 for a new dwelling and shed at number 5 Eighth Avenue, Millfield.

5. That Council receive further reports in relation to 1, 2 and 3

above and Council also include options for subsidising part of the cost of implementing the low pressure sewer system to the blocks.

SITE DESCRIPTION

The subject land is a vacant triangular shaped lot within the Millfield Small Holdings Area.


Cessnock Local Environmental Plan 1989.

CONSULTATION

N/A

PLANNING ASSESSMENT

All heads of consideration detailed under Section 79C of the Environmental Planning and Assessment Act, 1979, as amended, have been taken into consideration in the assessment of this application with the following relevant matters identified: a. Environmental Planning Instrument Provisions The subject land is zoned 1(c) Rural-Residential/Rural (Small Holdings) Zone under the provisions of Cessnock Local Environmental Plan 1989 and a dwelling may be erected on the land with the consent of Council. The proposed dwelling is required to comply with the provisions of the Cessnock Development Control Plan 2006. The proposal is generally consistent with the provisions of the Plan, with the exception of the following areas of non-compliance: (i) Clause 2.7 of Chapter E.9 (Millfield Small Holdings Area) – Management of Domestic Sewage and Wastewater. Clause 2.7 requires a pump-out system to be installed (as an interim measure) pending the availability of a reticulated sewer system. The Millfield Small Holdings Area is however not to be serviced under the Priority Sewer Program and the Hunter Water Corporation does not have plans to construct reticulated sewer services within the small holdings area. Furthermore, the land is situated outside the bounds of the environmentally sensitive area that Council has identified under a previous resolution for provision of a low pressure sewer system (Plan reference ‘Millfield Sewage Investigation’ dated 1 April 2009). Accordingly, the applicant has opted for onsite wastewater disposal via an aerated wastewater treatment system with subsurface



City Planning


irrigation. The disposal area has been upgraded from the originally proposed surface irrigation of treated effluent due to concerns in respect of potential for run-off. The design of the system has been assessed under Wastewater Management System Application No. 15/2009/74/1 and the revised system design has been found to be in accordance with the Environment & Health Protection Guidelines and AS/NZS 1547-2000 – Onsite domestic wastewater management. Council has previously approved an onsite wastewater disposal within the small holdings area, as per Item No. 4 of the Council resolution of 3 June 2009 in relation to Development Application No. 8/2009/92/1 for a new dwelling and shed at No. 5 Eighth Avenue Millfield. (ii) Chapter C.4 (Guidelines of Land Use Conflict and Buffer Zones) – Minimum Building Line Setback. The minimum building line setback for land zoned 1(c) is 12 metres. A setback of 6 metres is proposed to the Sixth Avenue (secondary) frontage. A submission from Acroplan has been provided on behalf of the applicant which details the following reasons as justification for a variation: o The reduced setback allows the onsite sewage management

system to be better accommodated, o Noting that the land is constrained in respect of the required

buffer distance between the wastewater disposal area and the wetland, options were limited for the location of the proposed dwelling,

o The reduced setback to the secondary frontage will not undermine the streetscape to Sixth Avenue as the building axis is east-west to Sixth Avenue, which runs north-south,

o The reduced setback is generally consistent with other building setbacks to the north of the land,

o The reduced setback will not establish an undesirable precedent in the locality with the parcel being rural residential and located at the periphery of the township.

It is noted that the reduced building setback actually complies with Clause 2.3.1 of Chapter E.9 of DCP 2006 (Millfield Small Holdings Area). The minimum setback of dwellings from roads is required to be 12 metres. The proposal complies as the dwelling is located 6 meters from the Sixth Avenue boundary and the road reserve width is around 6 metres. Therefore the dwelling is setback a distance of 12 metres from the road. Council has previously permitted a reduced major road frontage setback of 8 metres to the dwelling located on the adjacent 48 Third Avenue.



City Planning


Inspection of existing setbacks within Sixth Avenue has revealed that there are number of variations ranging from a nil setback to 12 metres and greater.

STRATEGIC LINKS



a. Policy and Procedural Implications Draft Development Control Plan 2009 is to be amended in accordance with the resolution the Ordinary Council Meeting held on 3 June 2009: 1 ‘That Council amend Chapter E.9 (Millfield Smallholdings) of Cessnock Development Control Plan 2006 in regard to the management of domestic sewage and wastewater’. b. Financial Implications NIL c. Legislative Implications NIL d. Risk Implications NIL e. Other Implications NIL

OPTIONS

1. Approve the application subject to conditions; or 2. Refuse the application and provide detailed reasons for the

decision. CONCLUSION

The proposed onsite sewage management system is in accordance with Government Guidelines and the design is in accordance with the relevant Australian Standard. The system is an environmentally sound option for installation on a rural residential sized allotment. The building line variation is consistent with existing varied setbacks within Sixth Avenue and will not create an undesirable precedent in the location.



City Planning


There is therefore no basis to recommend refusal of the application. With regard to future applications for onsite sewage wastewater disposal systems within the Millfield Small Holdings Area, the environmentally sensitive lots that are unsuitable for onsite wastewater have been previously identified and mapped on the Millfield Sewage Investigation Plan. Accordingly, lots that have not been identified for provision of a low pressure sewer system and are 4000m2 or greater in area are suitable for onsite wastewater disposal.

ENCLOSURES 1 Millfield Sewerage Investigation Plan dated 1 April 2009 2 Site Plan 3 Elevation Plan



City Planning


STANDARD CONDITIONS

SCHEDULE 1

TERMS OF CONSENT 1. The erection of a building in accordance with this development consent shall not be

commenced until:- (a) detailed plans and specifications of the building verifying compliance with the Building Code of Australia have been endorsed with a construction certificate by:- (i) the Cessnock City Council; or (ii) an accredited certifier, and (b) the person having the benefit of the development consent:- (i) has appointed a principal certifying authority, (being Cessnock City Council or an accredited certifier) and (ii) has notified Council of the appointment, and (c) the person having the benefit of the development consent has given at least 2 days notice to the Council of their intention to commence erection of the building. Reason To clarify and advise the applicant that a Construction Certificate must be issued prior to works commencing as required by the Environmental Planning and Assessment Act 1979 (as amended).

2. The proposed development shall be carried out strictly in accordance with the details

set out on the application form, and the Plans numbered Drawing Reference J17313 Sheets 1/8, 2/8, 3/8 (as amended), 3A/8, 3B/8 & 6/8 Dated 06/08/09 and any other information submitted in support of the application, except as modified by the conditions of this consent. Note: Any proposal to modify the terms or conditions of this consent, whilst still maintaining substantially the same development to that approved, will require the submission of a formal application under Section 96 of the Environmental Planning and Assessment Act 1979 for Council’s consideration. If amendments to the design result in the development not remaining substantially the same as that approved by this consent, a new development Application will have to be submitted to Council. Reason To confirm and clarify the terms of Council's approval.



City Planning


3. All building work must be carried out in accordance with the requirements of the Building Code of Australia (BCA). Reason This is a prescribed condition under Section 80A(11) of the Environmental Planning and Assessment Act, 1979.

4. 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:- a) in the case of work for which a principal contractor has been appointed: (i) has been informed in writing of the name and licence number of the principal contractor, and (ii) where required has submitted an insurance certificate with the name of the insurer by which the work is insured under Part 6 of that Act, b) in the case of work to be done by an owner-builder: (i) has been informed in writing of the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder permit under that Act, has submitted a copy of the owner builder permit. If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause 1 of this condition becomes out of date, further work must not be carried out unless the Principal Certifying Authority for the development has been given written notice of the updated information. Reason This is a prescribed condition under Section 80A(11) of the Environmental Planning and Assessment Act, 1979.

5. Prior to commencement of any works within the road reserve for the provision of

services, the applicant or their nominated contractor shall obtain a road opening permit from Council’s Roads, Bridges and Drainage Section. Reinstatement of the road shall be to the satisfaction of Council’s Roads, Bridges and Drainage Manager prior to the issue of an Occupation / Subdivision Certificate. Reason To ensure the public road and footpath facilities are reinstated to an appropriate standard as a result of additional requirements of the development.

6. Development shall be undertaken strictly in accordance with all commitments

specified in the current BASIX Certificate. Reason Compliance with the Environmental Planning and Assessment Regulation 2000.



City Planning


7. All access crossings and driveways shall be maintained in good order for the life of the development. Reason To ensure that a safe adequate all-weather access is available to the development.

DURING CONSTRUCTION 8. If the soil conditions require it:-

a) retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil must be provided, and b) adequate provision must be made for drainage. Reason To ensure that the development, when constructed, will comply with the Environmental Planning and Assessment Act, 1979.

9. A sign must be erected in a prominent position on any site on which building work,

subdivision work or demolition work is being carried out: a) showing the name, address and telephone number of the Principal Certifying Authority for the work, and b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and c) stating that unauthorised entry to the work site is prohibited. Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, however must be removed when the work has been completed. Reason This is a prescribed condition under Section 80A(11) of the Environmental Planning and Assessment Act, 1979.

10. Toilet facilities are to be provided prior to works commencing, at or in the vicinity of

the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be a sewage management facility approved by the NSW Department of Health and/or Council and operate in an environmentally responsible manner, free of nuisance or offence, and be appropriately serviced. Reasons To ensure that suitable and environmentally sustainable toilet facilities are provided for all persons employed or visiting the site. To ensure that the development, when constructed, will comply with the Environmental Planning and Assessment Act, 1979.



City Planning


11. Construction, demolition and associated work shall be carried out only between the times stated as follows:- Mondays to Fridays 7.00a.m. to 6.00p.m. Saturdays 8.00a.m. to 1.00p.m. Sundays & Public Holidays No construction work to take place. Reason To ensure that the environmental quality of adjoining land is not adversely affected, such as by the generation of excessive noise levels.

12. All building materials, plant and equipment is to be placed on the building site.

Building materials, plant and equipment (including water closets), are not to be placed on footpaths, roadways, public reserves etc. Reason To ensure pedestrian and vehicular access is not restricted in public places.

13. The registered proprietor of the land shall be responsible for all costs incurred in the

necessary relocation of any services affected by the required construction works. Council and other service authorities should be contacted for specific requirements prior to commencement of any works. Reason To ensure that any required alterations to utility infrastructure are undertaken to acceptable standards at the developer’s cost.

14. All excavations and backfilling associated with the erection or demolition of a building


15. The control of erosion and the prevention of silt discharge into drainage systems and

waterways will be necessary in accordance with Council’s “Engineering Requirements for Development”, and Landcom’s Soils and Construction Manual - April 2004. Erosion control measures are to be implemented prior to the commencement of any earthworks and shall be maintained until satisfactory completion and restoration of site earthworks, including revegetation of all exposed areas. Reason To ensure protection of the environment by minimising water pollution, erosion and sedimentation.

PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE 16. Occupation or use of premises for the purposes approved by this consent shall not

commence until all conditions of this consent have been complied with and the Occupation Certificate has been issued.



City Planning


Reason To ensure compliance with the provisions of the Environmental Planning and Assessment Act, 1979, and Council's terms of consent.

17. Prior to the use of the premises for the purposes approved by this consent and prior

to the issue of an Occupation Certificate a satisfactory final inspection report from the Council must be received by the Principal Certifying Authority (PCA) verifying the associated onsite waste water disposal system has been supplied and installed in accordance with the approval under Section 68 of the Local Government Act 1993. Reason To ensure the associated onsite waste water disposal system has been supplied and installed in accordance with the approval prior to occupation.

18. The Registered Proprietors shall construct a bitumen sealed access crossing from the

edge of the road formation in Sixth Avenue to the property boundary in accordance with Council’s ‘Engineering Requirements for Development’ (available at Council’s offices) and AS 2890.1. The works shall be completed prior to the use or occupation of the building. Reason To ensure the provision of safe, adequately defined and properly constructed means of vehicular access from the road to the development.

19. Roof water from the dwelling shall be conducted to the water storage tank in

accordance with BASIX requirements. Any additional roof water and overflow from the water storage tank is to be conveyed to the absorption trench system, as detailed on the approved plans. The trench system is to be located in such a position that overflow or seepage from the trench will not affect the subsurface irrigation area that is associated with the sewage management system. Reason: To ensure that roof water does not affect the structural integrity of buildings on the property, inundate adjoining land or affect the functioning of the onsite sewage management system.

20. The excavated and/or filled areas of the site are to be stabilised and drained to

prevent scouring onto adjacent private or public property. The finished ground around the perimeter of the building is to be graded to prevent ponding of water and to ensure the free flow of water away from the building and adjoining properties. Reason To reduce the risk of environmental and building damage.


Providing Quality Services Report No. QS91/2009

Infrastructure & Services


SUBJECT: DRAIN OVAL, CESSNOCK DRAFT PLAN OF MANAGEMENT AUTHOR: Recreation & Community Facilities Planner - Brendan Callander SUMMARY The Local Government Act 1993 (the Act) requires Council to prepare Plans of Management for all its Community land. This report focuses on a draft Plan of Management (PoM) for Drain Oval. RECOMMENDATION 1. That Council place the draft Plan of Management for Drain Oval, Cessnock on

Public Exhibition for a period of 42 days and invite public submissions. 2. Should there be significant submissions at the conclusion of the exhibition

period a further report will be prepared for Council’s consideration, otherwise the Plan of Management for Drain Oval, Cessnock will be adopted.

BACKGROUND Drain Oval (Cessnock) is a 2.5 hectare outdoor sporting facility at Dover Street Cessnock utilised by local sporting clubs and schools year round for cricket, rugby union and passive recreation. The facilities provided to cater for these activities include a sporting oval and an amenity building. To continue updating Council’s PoMs and to guide future development within Drain Oval, a draft PoM for the site is presented within this report. A copy of the draft PoM has been included within the Enclosure to this report. REPORT The Act requires Council to prepare PoMs for all its Community land. To date Council has reviewed and adopted a number of site specific PoM including, Howe Park (Abermain), Baddeley Park (Cessnock) and Varty Park (Weston). The draft PoM developed for Drain Oval is a legal document that provides a clear framework for the future management of the site. The plan contains detailed information relating to the present use of the land and intentions about future development, planned usage as well as current and proposed leases and licenses over the site. In preparing the draft plan, consultation with the key stakeholders of the site was undertaken including Cessnock District Cricket Association, Coalfield’s United Rugby Union Club and Council Officers. In line with the Act it is proposed to place the draft PoM on public exhibition for forty-two (42) days. Hard copies of the draft plan will be placed on exhibition at Council’s Administration Centre, Branxton Post Office, Kurri Library and Cessnock Library. In addition the plans will be linked to Council’s homepage.





CONSULTATION • Council’s Recreation Services Manager. • Council’s Senior Recreation & Community Facilities Planner. • Council’s Trainee Recreation & Community Officer. • Council’s Open Space & Operations Coordinator. • Cessnock District Cricket Association. • Wentworth Hotel Cricket Club. • Coalfields United Rugby Union Club. STRATEGIC LINKS a. Management Plan This report is in line with Recreation and Open Space Goals identified within the Management Plan, particularly Goal 1.8.1, which states that 8 Plans of Management be updated by 30 June 2010. b. Other Plans Recreation and Open Space Strategic Plan. STATUTORY IMPLICATIONS a. Policy and Procedural Implications Nil b. Financial Implications Nil c. Legislative Implications Plans of Management are required to be provided for all of Councils Community Land under Section 36 of the Local Government Act 1993. d. Risk Implications Nil e. Other Implications Nil OPTIONS Nil





CONCLUSION A copy of the draft Plan of Management for Drain Oval is contained within the Enclosure Documents. In line with the Act it is proposed to place the draft PoM on public exhibition for forty-two (42) days. Hard copies of the draft plans will be placed on exhibition within Council’s Administration Building, Kurri Kurri Library and Cessnock Library. In addition the plans will be accessible via Councils website. ENCLOSURES 1 Draft Plan of Management for Drain Oval, Cessnock





SUBJECT: KURRI KURRI AQUATIC CENTRE GYMNASIUM FEES AUTHOR: Recreation Services Manager - Nicole Benson SUMMARY The purpose of this report is to seek a resolution to advertise gymnasium entry fees for the Kurri Kurri Aquatic Centre (KKAC) for public comment. RECOMMENDATION That the gymnasium entry fees for the Kurri Kurri Aquatic Centre be advertised for 28-days in accordance with Section 705 of the Local Government Act 1993 and that the fee be adopted at the end of the advertising period should there be no significant submissions received. BACKGROUND In 2005 Council’s Major Projects Committee considered a report on the feasibility of constructing dry facilities (gymnasium and program room) at the KKAC. At the time Council resolved to factor the cost of establishing the dry facilities into the Major Project’s long term financial plan which was predominantly funded via profits from land sales. Over the past three (3) years the YMCA has made two approaches to Council regarding the establishment of a gymnasium at KKAC via a partnership arrangement. The first proposal was to extend the current building and construct a gymnasium at the front of the centre. At that time Council advised the YMCA that due to a number of other major projects underway Council may consider the proposal at later date. The second proposal involved the YMCA placing some gymnasium equipment it had attained from another gymnasium in the multi purpose room of the centre with Council contributing towards minor internal changes and some fit out items. At the time Council advised that the establishment of a gymnasium at KKAC may be revisited by Council at the conclusion of the tender for the management and operation of the centre which was scheduled to occur in the following six (6) months. On 1 September 2009 Council entered into a management agreement with the he YMCA of Sydney for the management and operation of the KKAC. The agreement outlines the responsibilities of each party and under the agreement the YMCA is responsible for the income and expenditure related to the daily management and operation of the centre. On 27 October 2009 Council was approached by the YMCA seeking permission to establish a small gymnasium in the multi purpose room of the centre.





REPORT The YMCA proposes to lease all equipment associated with the gymnasium and will purchase at its own expense ancillary items such as mirrors, desks etc. The YMCA estimates that up to twelve (12) items of exercise equipment (including treadmills, bikes, rowing machines etc) would fit into the multi purpose room and that the small gymnasium could cater for up to 230 members. At present the multi purpose room is used for two (2) programs; Birthday Parties and Pilates. The Crèche Service that was provided from the room was ceased in mid October as it was being accessed by an average of two (2) attendees per week and was not considered to be financially viable. Under the YMCA proposal the birthday parties would be permanently moved onto the main pool deck. This is consistent with how several other YMCA managed aquatic facilities run parties and has been trialled at KKAC successfully on several occasions. There are currently two (2) Pilates classes per week operating from the multi purpose room with a total of 12 enrolments. The YMCA proposes that in consultation with present enrolments the classes would be relocated to a nearby community hall or centre. The proposed fees for the gymnasium are as follows:- • Casual entry up to $15.00 per visit • Adult Gold Fitness/Aquatic membership up to $30.00 per fortnight • Concession Gold Fitness/Aquatic membership up to $25.00 per fortnight The development of the fees took into consideration the size of the facility, the amount and type of equipment, operational hours, fees and charges of similar centres and operational costs including rental of equipment, administration and staffing. If the fee is advertised and adopted in accordance with the provisions in the Local Government Act 1993 the YMCA intend marketing the gymnasium and selling memberships immediately with a view to commence operations in January 2010. CONSULTATION Director Infrastructure & Services YMCA Management STRATEGIC LINKS a. Management Plan This report links to Council’s first goal which is to promote and provide quality services and facilities which address the needs of the community. b. Other Plans Nil.





STATUTORY IMPLICATIONS a. Policy and Procedural Implications Nil. b. Financial Implications There will be no financial implication to Council as the YMCA is responsible for the daily management and operational costs of the centre. c. Legislative Implications The fee will be advertised in line with Section 705 of the of the Local Government Act 1993. d. Risk Implications Nil. e. Other Implications It is possible that the establishment of a small gymnasium at the KKAC would assist, strengthen the financial position of the centre and aid in the sustainability of the facility. Additional income could also be generated through the kiosk and participation in aquatic activities. The YMCA identified the following community benefits which are supported by Council officers: • Provision of health and fitness facilities and services for the community and

assistance with tackling high obesity rates • Provision of services and facilities to improve the health of senior citizens by

providing appropriate exercise programs • Complimentary services to existing activities and groups (e.g. swim squads, football

teams, rugby league teams, netball teams etc) that will enhance the exercise opportunities in the area

• Opportunity to explore and participate in programs such as Teen Gym, Pryme Movers, Sporting Clubs, Outdoor Training, Personal Training, School PE, Squad Land Training and Circuit Training.

OPTIONS Council may decide not to advertise the proposed fees, however this is not recommended due to the many community benefits outlined in the report and there being no financial cost to Council associated with the establishment and operation of the gymnasium.





CONCLUSION The proposal from the YMCA is considered reasonable with minimal impact on current facility users and would serve as a good gauge to determine whether to proceed with the construction of a larger facility in the future. Lastly, the YMCA can not charge a gymnasium entry fee at the KKAC until such times that the fee has been advertised to the public and adopted by Council. ENCLOSURES There are no enclosures for this report





SUBJECT: RESOLUTIONS TRACKING REPORT AUTHOR: Corporate Administration Assistant - Robyn Larsen SUMMARY The enclosure contains three (3) reports, being:- 1. Completed Actions 2. Pending Actions 3. Actions from last Council meeting (4 November 2009) RECOMMENDATION That the report be received and the information noted. ENCLOSURES 1 Completed Actions 2 Pending Actions 3 Actions from Council meeting 4 November 2009


Professional Management and Leadership Report No. PM92/2009



SUBJECT: FINANCIAL REPORTS FOR THE YEAR ENDED 30 JUNE 2009 AUTHOR: Financial & Administrative Services Manager - Robert Maginnity SUMMARY This report presents the audited financial reports, incorporating the auditor’s reports for the year ended 30 June 2009 as per the requirements of Section 419 of the Local Government Act 1993 (the Act). RECOMMENDATION That the Annual Financial reports incorporating the Auditors Reports for the year ended 30 June 2009 be received and noted. BACKGROUND Council’s Annual Financial Reports for 2008/09 have been completed and audited and are now presented to Council. Complete copies of the Annual Financial Reports have been posted on Councils website and a copy of the Auditors reports and selected extracts from the Financial Reports are contained within the Enclosure Documents (Enclosure 1) for Councillors information. Any Councillor requiring a complete set of the Financial Reports and accompanying notes should contact the Management Accountant, Paul Grosbernd. Alternatively, the Financial Reports incorporating the Auditors reports are published on Councils website. REPORT A report to the Ordinary Meeting of Council on 16 September 2009 included extracts of the draft financial reports prior to audit. During the course of the audit process a number of minor changes were identified and altered which related mainly to presentation and categorisation. With the exception of an adjustment in relation to recognition of land under roads acquired during the year in the amount of $69,000 there were no material changes to the draft reports as presented to Council. Council has historically held investments within its accounts at par (purchase) value, with investments usually being held to maturity rather than being actively traded. With the volatility and uncertainty continuing to be experienced within global financial markets and in particular potential losses in relation to some collateralised debt obligations (CDO’s), the decision to write-down the value of investments to market value in 2007/08 has been continued for the financial year 2008/09. Values shown within the Financial Reports as at 30 June 2009 are the sum of the individual indicative market value of each investment. During the year 2008/09 one investment loss has crystallised (Palladin CDO) which was reported to Council on 19 November 2008 under Director Corporate & Community Report No 19/2008. This investment was purchased for $1,000,000 but at the time of the actual loss had been written down to $366,500. Therefore an investment impairment of $633,500 had





been recognised as at 30 June 2008. The subsequent additional loss of $366,500 is now included in the investment impairment figure reported in the 2008/2009 financial statements. The market value investment write-down at 30 June 2008 was $2,990,700 with a majority of this related to CDO’s (par value of $7M and write down of $2,868,250). The market value investment write-down recorded during the year ended 30 June 2009 was another $515,950. The majority of this write down was also related to CDO’s. Financial Report Summary As can be seen in the Income Statement, Council recorded a Net Operating Surplus for 2008/09 of $3,504,000 (surplus of $1,492,000 in 2007/08). The Net Operating Result before Capital Grants & Contributions for 2008/09 shows a deficit of $674,000 (deficit of $1,951,000 in 2007/08). This is a significant improvement on the previous reporting period, and the change in the result was attributable to a number of factors, including: • Increase in Rates & Annual Charges revenue of $2,738,000 • Increase in User Charges and Fees of $287,000 • Decrease in Operating Grants & Contributions of $1,720,000 • Increase in Capital Grants & Contributions of $735,000 • Impairment of investments of $516,000 • Decrease in Materials & Contracts expense of $370,000 • Increase in Employee Costs of $2,164,000 • Increase in Borrowing Costs $252,000 The factors contributing to the above increases & decreases are explained in more detail within the Audit Report contained within the Enclosure Documents (Enclosure 1), but primarily relate to a reduction in the amount of investment impairment reported from $2,991,000 to $516,000. Other changes relate to works associated with grant funding (RTA works, Department of Commerce) for roads, flood damage, bushfire and emergency services, election expenses of $253,000 and to the first full year of repayments for the loan for the Performing Arts Centre construction. As can be seen in the Balance Sheet, the Total Equity (Council’s Net Worth) was $385,013,000 at 30 June 2009, a net increase of $3,504,000 over the 2007/08 amount which is reflected in the operating result commented on above. The revaluation of assets to fair value (operational land, buildings, plant & equipment and office equipment) as required by Accounting Standard AASB116 “Property, Plant and Equipment” and the Local Government Code of Accounting Practice and Financial Reporting occurred in the year ended 30 June 2008. These revaluation requirements are being undertaken on a staged basis with remaining infrastructure assets (roads, bridges, footpaths, drains, other structures) originally scheduled to be valued at fair value as at 30 June 2009 and community land the following year. These requirements have been deferred for another year, and the only additional item brought to account in the year was land under roads acquired during the year ended 30 June 2009, with a value of $69,000 being brought to account.





Working Capital Working Capital is the traditional measure of Council’s financial position. It is not solely made up of cash at hand but is represented by current assets that may be readily converted to cash if the need arose. Examples of these assets include sundry debtors, inventory and some rates debtors. Council’s estimated Working Capital position at 30 June 2009 is $850,000 which is equal to Council’s policy level of $850,000. Cash and Investments (Restricted Assets) Cash and investments at 30 June 2009 totalled $19,895,000, compared to $17,335,000 at 30 June 2008. The amount reported is after write-downs of investments to reflect market value of $516,000 (write-down in 2007/08 was $2,991,000). After funding of Restricted Assets (Reserves), unrestricted cash and investments was $3,930,000 as compared to $575,000 for the prior year. Restrictions on cash and investments are divided into externally restricted assets where the funds are restricted in their use by externally imposed requirements and internally restricted assets where the funds are restricted in their use by resolution or policy of Council to reflect forward plans, identified programs of works, and are, in fact Councils’ “Reserves”. Externally Restricted Assets totalled $5,863,000 and consisted of unexpended developer contributions under Section 94, domestic waste management charges and specific purpose grants. Internally Restricted Assets totalled $10,102,000 and details of these internally restricted assets, including the adjustments for the investment write-downs are shown below: Internal Reserve Balance

Before Adjustments

Market Value

Adjustment 2007/08

Market Value

Adjustment 2008/09

Reserve at 30 June

2009

Employee Leave Entitlements 756,000 217,000 37,000 502,000Replacement of Plant – Vehicles 1,969,000 452,000 78,000 1,439,000Single Invitation Contracts 3,003,000 728,000 126,000 2,149,000Residential Land Development 0 0 0 0Land Purchases 324,000 60,000 10,000 254,000Sanitary Operations 94,000 0 0 94,000Computer Services 359,000 97,000 17,000 245,000Bridge Replacement 570,000 109,000 19,000 442,000Special Projects 0 0 0 0Cemetery Operations 174,000 0 0 174,000Insurance Provisions 219,000 102,000 18,000 99,000Other Special Projects 316,000 0 0 316,000Rezoning Fees 205,000 81,000 14,000 110,000Waste Service Operations 5,527,000 1,145,000 197,000 4,185,000Unexpended Loan Funds 93,000 0 0 93,000Total Internal Restrictions 13,609,000 2,991,000 516,000 10,102,000





New loans totalling $500,000 were raised during the year to fund the ongoing Urban Drainage Construction Program. Total debt repayment for the year was $2,096,000 (principal $1,403,000 and interest $693,000) compared to $2,033,000 for 2007/08. This represents a debt service ratio of 4.27% (4.45% in 2007/08) which compares favourably with the latest published NSW Department of Local Government Category average of 7.27% (2007/08 Comparative Information published in July 2009). The Department of Local Government, in conjunction with the NSW Local Government Finance Professionals have developed a “Local Government Sustainable Finances Health Check”. The Health Check comprises seven (7) key financial performance indicators with a colour coding “traffic light” system: Green: current results and trends to date reveal that the performance is satisfactory. Amber: the indicator needs to be monitored and where deemed appropriate measures

be implemented to produce a “green” or satisfactory result. Red: the performance is deemed to be unsatisfactory; it is recommended that

measures be immediately implemented to improve the performance. Of the seven indicators contained within the Health Check, Council has improved or maintained its performance in six of the indicators from the prior year. The unrestricted current ratio improved from 1.83 to 2.06 and the outstanding rates & charges indicator improved form 7.07% to 5.07%, both obtaining a “green” rating. The debt service ratio improved from 4.50% to 4.27% and the asset renewal indicator improved from 1.11 to 1.42, both retaining a green rating. Revotes of expenditure increased from 3.08% to 3.47%, retaining an amber rating. The only indicator with a “red” rating is the operating result which needs successive surpluses to achieve “green”. The result saw an improvement from a deficit of $1,951K to a deficit of $674K. Included in the Enclosure Documents (Enclosure 2) is the completed Local Government Sustainable Finances Health Check for 2008/09 along with brief comments for each of the indicators. No other significant changes were made to the draft financial reports as presented to Council; however the net effect of the above changes has slightly changed some of the financial ratios, operating result and financial position as previously reported to Council. CONSULTATION The following people were consulted in the preparation of this report: Management Accountant Senior Finance Officer STRATEGIC LINKS a. Management Plan This report meets goal 4 which is “To be a professionally managed and customer focused organisation which provides leadership through partnerships with the Community,”





b. Other Plans This report is linked to Council’s Strategic Plan – Our People, Our Place, Our Future. Specifically, OUR FUTURE – Financial Management. STATUTORY IMPLICATIONS a. Policy and Procedural Implications This report is linked to policy F12.4 Level of Working Funds. b. Financial Implications There are no financial implications associated with this report. Changes affected during the audit process are reflected within the budget review process. The notional write-downs on investments have been funded at year end from internal reserves. c. Legislative Implications This report meets Councils statutory obligations in accordance with provisions of Local Government Act 1993 for the presentation of the financial reports and auditors reports to Council (Section 419), the public notice of the presentation (Section 418) and time for preparation and submission of audited financial reports (Section 416). d. Risk Implications Nil e. Other Implications Nil OPTIONS N/A CONCLUSION Council received an unqualified audit report in relation to the financial reports, although it is highlighted to Council the “emphasis of matter” detailed within the auditors report in relation to the effect of the global financial crisis on councils investments. The audit was undertaken within the timeframes specified within Section 416 of the Act and the reports were forwarded to the Department of Local Government on 3 November 2009 meeting all statutory reporting deadlines. Mr Paul Horne, a partner from Councils external auditors Prosperity Audit Services has been invited to make a presentation to Council at the commencement of the meeting in relation to the financial reports.





In accordance with the provisions of the Act, a summary of Council's financial reports were published in The Advertiser on the 11th November 2009 giving notice that the financial reports and auditors reports would be presented to the Ordinary Council Meeting to be held on 18 November 2009. The reports are available for public inspection at the Council's offices and written submissions thereon may be lodged up until 4.00 pm Wednesday 25 November 2009. The public notice as advertised is included within the Enclosure Documents (Enclosure 3) to this report and the full reports are available for viewing on Councils website. ENCLOSURES 1 Extracts from Financial Reports 23 Pages2 Local Government Sustainable Finance Health Check 3 Pages 3 Public Notice 1 Page





SUBJECT: 2008 LOCAL GOVERNMENT ELECTIONS - NSWEC SUMMARY AUTHOR: Financial & Administrative Services Manager - Robert Maginnity SUMMARY The New South Wales Electoral Commission (NSWEC) has recently released a report on the conduct and administration of the local government elections held in 2008. This report provides a summary for Councillors information. RECOMMENDATION That the report be received and the information noted. BACKGROUND Local Government elections in NSW are conducted in accordance with the provisions of the Local Government Act 1993 (the Act) and the Local Government (General) Regulation 2005 (the Regulation). Under the Act the NSW Electoral Commission (NSWEC) is responsible for the conduct and administration of all NSW Local Government elections. In 2003/04 the NSW Government legislated that all elections, other than the State election, were to be funded by full cost recovery. The NSWEC is not provided with funding from the State Government to cover costs associated with Local Government elections. The Local Government Elections in 2008 saw for the first time full cost recovery applied across NSW, with the cost to Cessnock City Council amounting to $239,200. REPORT The NSWEC has released a comprehensive report on the conduct and administration of the 2008 election. The report provides information and results in relation to the election covering areas such as demographics, election summary, polling booth information, election costs, candidate information and a review of some of the issues experienced across the State during the course of the election. Extracts from the report are provided as enclosures for Councillors information and the full report is available on the NSWEC website www.elections.nsw.gov.au. CONSULTATION Electoral Commission of NSW





STRATEGIC LINKS a. Management Plan The report is linked to the Council’s fourth goal, to be a professionally managed and customer focused organisation which provides leadership through partnerships with the Community. b. Other Plans This report is linked to Council’s Strategic Plan – Our People, Our Place, Our Future. Specifically Our Future – Professional Management, Professional Services. STATUTORY IMPLICATIONS a. Policy and Procedural Implications Nil. b. Financial Implications Costs associated with the election were covered by a budget allocation in the 2008-2009 budget. The final cost of the elections held in September 2008 was $239,200. The original budget estimate provided to Cessnock City Council in May 2008 was $267,100. c. Legislative Implications Nil. d. Risk Implications Nil. e. Other Implications Nil. OPTIONS Nil. CONCLUSION The report summarises the Electoral Commissioners review of the conduct and administration of the local government elections held in September 2008 and copies of the report can be found on the NSW Electoral Commissions website www.elections.nsw.gov.au.





ENCLOSURES 1 NSWEC Letter 1 Page 2 Election Cost Commentary 4 Pages3 Candidate Listing 1 Page 4 Polling Places Voting Breakdown 2 Pages5 Election Results 2 Pages6 Final Expenses Summary 1 Page





SUBJECT: INVESTMENT REPORT - OCTOBER 2009 AUTHOR: Financial & Administrative Services Manager - Robert Maginnity SUMMARY Regulation 212 of the Local Government (General) Regulation 2005 (the Regulation) requires a monthly report to Council detailing all money invested under Section 625 of the Local Government Act 1993 (the Act). RECOMMENDATION That the report be received and the information noted. BACKGROUND As Responsible Accounting Officer, I, Robert Maginnity, hereby certify that this report is produced in accordance with Regulation 212 of the Regulation and that all investments have been made in accordance with the Act, the Regulation and Council’s investment policy. REPORT Councils’ investment policy, the Regulation and the Act require a monthly report to Council detailing investments held by Council. Investments during the month were with various Authorised Deposit Taking Institutions (ADTI) covered by the Federal Governments deposit guarantee scheme with an emphasis on “cash” type investments (at call and term deposits) and are in compliance with the revised Ministerial Investment Order. Non compliant investments held are covered under a grandfather clause within the Order. The official cash rate as set by the Reserve Bank of Australia (RBA) as at 31 October 2009 was 3.25%. The RBA holds scheduled board meetings on the first Tuesday of each month at which the official cash rate is one of the matters considered. Market expectations were for at least a 25 basis point increase at the November meeting with further increases in 2010 increasing the cash rate to around 5.00% towards the end of 2010. The November board meeting of the RBA decided to raised the cash rate by 25 basis points to 3.50%. An extract of the media release by the Governor of the RBA Mr Glenn Stevens is included as an Enclosure to this report (Enclosure 2). Actual investment revenues are slightly higher than budget expectations for the year to date (approximately $17,000). With expectations that the cash rate will increase over the medium term it is anticipated that the budget for interest returns will be met for the full year, barring any unforeseen events with current investments. Concern still exists on a number of long term investments and these investments are shown with a zero coupon rate within the portfolio. A conservative approach has been taken with





these investments and any returns received from coupon payments are treated as a bonus and have not been factored into the expected investment returns for the year. These investments are:

• 1069 (Generator) – remains a high level risk. • 1102 (Accrual note) – zero coupon due to indices outside of the designated range. • 1132 (Kakadu) – affected by Lehmans bankruptcy, remains a high level risk. • 1142 (Coolangatta) – affected by Lehmans bankruptcy, remains a high level risk. • 1143 (Asprit II) – suffered a default under Trust Deed, capital to be returned at

maturity. The investments held by Council as at 31 October 2009 are set out in the table below:

Inv. No. Form Held With Type

Coupon Term

(Days)

Next Coupon

Date Maturity

Date

Current Coupon

Rate

LTD Interest

Rate

Par Value $'000

Commonwealth Bank Cash 3.10% 458 Commonwealth Bank At Call 3.40% 2,315

1203 AMP At Call 4.00% 800 1020u Credit Suisse First Boston CDO 92 05-Nov-09 05-May-11 5.24% 7.90% 1,000 1029u Credit Suisse First Boston CDO 92 05-Nov-09 05-May-11 5.24% 7.90% 1,500 1069s RIMsec CDO 92 08-Jan-10 08-Oct-11 0.00% 6.23% 2,000 1102o Commonwealth Bank AN 92 16-Dec-09 16-Dec-10 0.00% 3.05% 500 1132l JP Morgan Australia Ltd CDO 90 20-Dec-09 20-Mar-14 0.00% 7.09% 500 1133b Commonwealth Bank ELD 365 20-Dec-09 20-Dec-09 3.00% 5.44% 1,000 1138b Commonwealth Bank ELD 365 05-Mar-10 05-Mar-10 3.00% 3.00% 500 1142j Lehman Brothers CDO 92 20-Dec-09 20-Sep-14 0.00% 4.12% 1,000 1143b ANZ Banking Group ELD 365 30-Jun-10 30-Mar-13 0.00% 1.08% 500 1147b Commonwealth Bank ELD 365 05-Jun-10 07-Oct-10 3.00% 3.00% 500 1187d Newcastle Permanent BS TD 91 05-Nov-09 05-Nov-09 4.58% 4.58% 500 1190c Newcastle Permanent BS TD 91 12-Nov-09 12-Nov-09 4.58% 4.58% 500 1192c Illawarra Mutual BS TD 119 19-Nov-09 19-Nov-09 4.27% 4.27% 500 1193d Illawarra Mutual BS TD 91 28-Jan-10 28-Jan-10 5.00% 5.00% 500 1204b Allied Irish Bank TD 42 05-Nov-09 05-Nov-09 4.28% 4.28% 700 1207 Bankstown City CU TD 76 12-Nov-09 12-Nov-09 4.30% 4.30% 1,000

1208a Australian Defence CU TD 91 21-Jan-10 21-Jan-10 5.04% 5.04% 800 1210 Maitland Mutual BS TD 86 07-Jan-10 07-Jan-10 4.80% 4.80% 500 1211 Maitland Mutual BS TD 93 14-Jan-10 14-Jan-10 4.80% 4.80% 500

18,073





The following table provides information on the level of funds held and the percentage invested with financial institutions in Council’s investment portfolio:

Financial Institution Amount

$’000 % of

Portfolio Commonwealth Bank of Australia 5,273 29.18% Credit Suisse First Boston Int. 2,500 13.83% RIMsec 2,000 11.07% Illawarra Mutual Building Society 1,000 5.53% Newcastle Permanent Building Society 1,000 5.53% Maitland Mutual Building Society 1,000 5.53% Lehman Brothers International 1,000 5.53% Bankstown City Credit Union 1,000 5.53% AMP Bank 800 4.43% Defence Force Credit Union 800 4.43% Allied Irish Bank 700 3.87% ANZ Banking Group 500 2.77% JP Morgan Chase Bank 500 2.77% TOTALS 18,073 100.00%

The following table provides information on investment types including a risk assessment and the amount and percentage invested compared to the total investment portfolio:

Risk Assessment Amount % of Investment Type Capital Interest $’000 Portfolio

Cash Low Low 3,573 19.77%Collateralised Debt Obligation CDO High High 6,000 33.20% Term Deposit TD Low Low 5,500 30.43%Equity Linked Deposit ELD Low Medium 2,500 13.83%Accrual Note AN Low High 500 2.77% TOTALS 18,073 100.00%

The following table provides information on interest rates and earnings this year compared to last year as well as a comparison of investment balances from this year to last year:

Performance Measures This Year Last Year Portfolio Average Interest Rate (YTD) 3.18% 5.60% BBSW Average Interest Rate (YTD) 3.39% 7.14% Actual Investment Interest Earned (YTD) $205,882 $366,698 Revised Budgeted Investment Interest (YTD) $188,540 $347,072 Original Budget Investment Interest (Annual) $550,000 $1,110,800 Revised Budget Investment Interest (Annual) $550,000 $870,800 Investment Balances (Par Value) This Year Last Year Opening Balance 1 July $22,127,000 $20,100,000 Current Balance $18,073,000 $14,440,000





Graph comparing interest earned for YTD actual, revised budget YTD and prior year actual:

Monthly Investment InterestActual to Budget

$0

$100,000

$200,000

$300,000

$400,000

$500,000

$600,000

$700,000

$800,000

$900,000

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

YTD Budget 2009/10 YTD Actual 2009/10 YTD Actual 2008/09

Graph comparing percentage interest rates for YTD average to last years actual YTD and current 90 days BBSW and last years 90 days BBSW rate:

Performance MeasurementAverage Interest Rate Compare to Benchmark

2.50%3.00%3.50%4.00%4.50%5.00%5.50%6.00%6.50%7.00%7.50%8.00%

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

YTD Average Invest Rate 2009/10 YTD Average Invest Rate 2008/09 90 day BBSW Rate 2009/10 90 day BBSW Rate 2008/09





Structured Credit Research & Advisory Pty Ltd (SCRAPL) has submitted the monthly report for October on the $6M of CDO investments held within the portfolio. This advice is summarised in the table below and shows the assessed risk movement across the month as either positive (risk has generally lessened) neutral (risk was generally unchanged or insignificant movement) and negative (risk generally increased). Amount Held $’000 $1,000 $2,000 $500 $2,500 Risk Rating Jan Uncertain Material High Moderate Risk Rating Feb Uncertain Material High Moderate Risk Rating Mar Uncertain Material High Material Risk Rating Apr Uncertain Material High Material Risk Rating May Uncertain Material Very High Material Risk Rating Jun Uncertain Material Very High Material Risk Rating Aug Uncertain Material Very High Serious Risk Rating Sep Uncertain Material Very High Serious Risk Rating Oct Uncertain Material Very High Serious Monthly Change Oct Neutral Neutral Negative Positive The risk categories used by SCRAPL were altered in May to provide more clarity and to highlight securities believed to be more likely than not to default and securities which are more likely than not to survive. The previous high risk category (25% to 90% risk of loss) has been split into “high” (25% to 50% risk of loss) and “very high” (50% to 90% risk of loss). The assumptions in relation to principal at risk are detailed below:

• Uncertain – covers situations where Lehman Brothers Special Financing is the swap counterparty.

• Low – very secure and robust transaction where the likelihood of any disruption of

cash flows or a default is minimal. Risk of loss of <2%.

• Moderate – there is some risk but the structure has a reasonable degree of robustness and is still resilient to some stresses. Risk of loss in the 2% to 5% range.

• Material - clear risk of either a small number of single entity events or a systemic

event in one sector that would cause the transaction to become distressed. Risk of loss in the 5% to 10% range.

• Serious - clear and present danger, either idiosyncratic or systemic that is likely to

cause the transaction to experience a loss due to a lack of resilience to such an event. Risk of loss in the 10% to 25% range.

• High - high degree of uncertainty but where the balance of probabilities suggests that

repayment of principal is more likely than not. Risk of loss in 25% to 50% range.

• Very High – very high probability of partial or total loss of principal. Risk of loss in the 50% and 90% range.





• Near Certain Loss - little chance of receiving the promised cash flows from the

transaction. Risk of loss > 90%. SCRAPL have retained the ratings of all CDO investment as the same as the prior month. A summarised “public” version of the SCRAPL report is provided as an enclosure to this report. In accordance with the commercial in confidence agreement with SCRAPL the full report is available for Councillors by contacting the Financial & Administrative Services Manager. CONSULTATION Senior Finance Officer Structured Credit Research & Advisory Pty Ltd STRATEGIC LINKS a. Management Plan Report is linked to the Council’s fourth goal, to be a professionally managed and customer focused organisation which provides leadership through partnerships with the Community. b. Other Plans This report is linked to Council’s Strategic Plan “Our People, Our Place, Our Future”. Specifically Our Future – Financial Management. Cessnock City Council needs to prepare for the future. Investments will be an integral part of funding future services. STATUTORY IMPLICATIONS a. Policy and Procedural Implications Investments are made in accordance with Council’s Investment Policy Number F12.3. b. Financial Implications All returns on investment are included in Council’s Management Plan and amendments effected through the Quarterly Budget Review process. Investment portfolio performance is detailed within the report with comparisons to prior year and budget. A portion of the portfolio and its associated investment income is restricted as it relates to funds held from developer contributions and Domestic Waste Management and is not available for operational projects. c. Legislative Implications Report meets Councils statutory obligations under Regulation 212 of the Local Government (General) Regulation 2005 and Section 625 of the Local Government Act 1993.





d. Risk Implications Council has high Capital and Interest Risks with its existing CDO’s and high Interest Risks with its remaining Accrual Note. There is also a medium level risk on the interest of Equity Linked Deposits. All risks are detailed in the Risk Assessment Table included in the report. e. Other Implications There are no environmental, community, consultative or other implications to this report OPTIONS N/A. CONCLUSION The report details investments held at month end and meets statutory reporting obligations. ENCLOSURES 1 SCRAPL October 2009 Public Report 5 Pages2 RBA Media Release 1 Page





SUBJECT: QUARTERLY REVIEW OF THE 2009/2012 MANAGEMENT PLAN AS

AT 30 SEPTEMBER 2009 AUTHOR: Governance & Corporate Planning Manager - John Waghorn Financial & Administrative Services Manager - Robert Maginnity Management Accountant - Paul Grosbernd SUMMARY This report provides an overview of the progress made to 30 September 2009 in the implementation of the 2009-2012 Management Plan and Budget. The report also includes the review of expenditure and revenues as per Regulation 203 of the Local Government (General) Regulation 2005 for the quarter ending 30 September 2009. RECOMMENDATION 1. That the information in the Quarterly Review from 1 July 2009 to 30 September

2009 be noted and the amended figures in the Quarterly Financial Review at Enclosure 2 be adopted as the Revised Budget for the 2009/2010 financial year.

2. That goal 1.7.5 Commence the construction phase for the Cessnock Civic Park be altered to Investigate the construction phase for the Cessnock Civic Park.

3. That goal 1.5.1 Investigate all opportunities including alternate waste technology for the treatment of domestic waste into a resource in lieu of waste to landfill be altered to Investigate all opportunities including alternate waste technology for the treatment of domestic waste into a resource to minimise waste to landfill.

BACKGROUND Section 407(1) of the Local Government Act, 1993, requires the General Manager to report to Council within two months of the end of a quarter as to the extent to which the performance targets set by Council’s current Management Plan have been achieved during that quarter. Enclosure 1 reports on implementation of the strategic initiatives adopted by Council. In the 2009/2010 Management Plan, Council adopted a balanced budget. The quarterly financial review as at 30 September 2009 at Enclosure 2 reviews progress in implementing Council’s budget. REPORT Provided as separate enclosures are the following documents: Enclosure 1 – Report on implementation of Strategic Initiatives Enclosure 2 – Quarterly Financial Review at 30 September 2009 Enclosure 3 – Operational Highlights - July to September 2009 This report provides a brief overview of the highlights of the information included in the enclosures.





Strategic Initiatives The key strategic actions proposed to be undertaken by Council during the year are included in Part C - Strategic Initiatives of the Management Plan. Enclosure 1 provides a report on the progress made on each action with brief comments on the likely outcomes for the year. A review of the status of each of the strategic actions in Enclosure 1 reveals that, for those actions proposed to be completed or commenced in the September quarter, significant progress has been made on the great majority of actions. As at 30 September 18 actions have been completed, 72 actions are ongoing or on target for completion by the due date, 11 actions are behind target for completion by the due date, 24 actions were not programmed for commencement prior to 30 September and 3 actions will not be completed. The three actions that will not be completed relate to the Civic Park project. Progress on this project has been halted as a result of an unsuccessful grant application to the Federal Government. Funding will need to be reconsidered in the 2010/2011 budget. Financial Review The September 2009 quarterly review is forecasting a balanced budget, with a summary of the major budget movements provided below: Increases in Income Rates & Extra Charges 50,100 S603 Certificates 10,000 Insurance Rebate 20,170 City Planning Department Fees & Charges 54,650 RTA Oncost Income 40,000 Internally Restricted Assets 35,592 210,512

Decreases in Income Pensioner Rates Subsidy 11,000 Financial Assistance Grant 149,016 RTA Natural Disaster Floods 42,912 Private Works Income 12,000 Environmental DECC Grant 17,223 232,151

Increases in Expenditure Rates Subsidies 13,003 Probity Audit - Procurement 8,000 Revaluation Fees 8,000 Administration Office Refurbishments 52,000 Economic Development Projects 11,520Council Cottage Expenses 5,000Library Expenses – Refurbishment & Electricity 16,900





CPAC – Cleaning, Utilities & Salaries 14,600State Government Levies – SES Contribution 41,200 Bushfire Fighting Fund 57,000Miscellaneous Increases in all Cost Centres 4,490 231,713

Decreases in Expenditure Councillors Fees & Mayoral Allowance 3,560 Subscriptions 4,677 Vehicle Purchases & Running Expenses 75,500 Loan Repayments 20,000 Salary & Superannuation Savings 94,615Legal Expenses 20,000Board of Fire Commissioners Contribution 15,000Council Properties – Land Rates 20,000 253,352

Net Surplus/Deficit for the Quarter 0 Estimated Working Capital Surplus @ June 30 2009 850,000 Estimated Working Capital Surplus @ September 30 2009 850,000 A brief explanation is now provided for the information of Council on the major budget movements shown above. Increases in Income

• Rates & Extra Charges Income - $50,100. Higher than anticipated income received from continued development within the city and re-categorisations and lower than expected statutory pension rebates granted.

• City Planning Dept Fees & Charges - $64,650. Higher than anticipated development activity has seen Town Planning fees received being greater than budgeted for.

• RTA OnCost Charges - $40,000. Expected increase in income over the original budget amount earned on RTA jobs during 2009/10.

• Insurance Rebate - $20,170. Received from Statewide Mutual Property Scheme that was not budgeted for.

• Internally Restricted Assets - $35,592. Amounts transferred from Council’s Reserves to fund Administration Building Repairs $15,592 and contribution to Bushfire Fighting Fund (State Govt) $20,000.

Decreases in Income

• Pensioner Rates Subsidy - $11,000. Expected subsidy income to be less than budgeted for. Offset by lower pension rebates granted (shown with rates & charges).

• Financial Assistance Grant - $149,016. The NSW Local Government Grants Commission (FAG) grant for 2009/10 increased only 1.21% over the previous year, whereas Council budgeted for a 4% increase, resulting in a shortfall of income.

• RTA Natural Disaster Flood Grants - $42,912. Shortfall in expected income from RTA to cover flood damage expenditure.

• Private Works Income - $12,000. Budgeted Income for 2009/10 already received in 2008/9 year to offset private works expenditure in 2009/10.





• Environmental DECC Grant - $17,223. Refund of unspent grant for Kurri Kurri & Stanford Merthyr rehabilitation works.

Increases in Expenditure

• Rates Subsidies - $13,003. As adopted by Council, rates subsidies given to Cessnock Agriculture Society (Showground) & the 3 public golf courses resulting in additional expenditure.

• Probity Audit - $8,000. Additional expenses required to complete probity audit on Council’s procurement processes.

• Revaluation Fees - $8,000. Additional valuations were carried out on Council buildings for insurance requirements.

• Administration Office Refurbishments - $52,000. Additional expenditure required for air conditioning and office repairs and partially funded from internally restricted assets ($15,592). This has primarily been associated with works in the Records Section which has been suffering from ongoing water leakage and associated build up of mould. This has become a serious Occupational Health and Safety issue causing the temporary relocation of Records staff.

• Economic Development Projects - $11,520. 2008/9 projects consisting of Maximising Employment Projects ($8,210) & Business Opportunities ($3,310) not revoted from previous year & to be completed in 2009/10 as part of grant requirements.

• Council Cottage Expenses - $5,000. Additional expenses incurred for air conditioning & painting works.

• Library Expenses - $16,900. Increase in electricity charges over that budgeted for ($6,000) & refurbishment works not revoted from previous year & to be completed in 2009/10.

• Cessnock Performing Arts Centre - $14,600. Consists up of increases in salary overtime $3,600, cleaning expenses $5,000, conference expenses $3,000 & electricity charges $14,000. Partially offset by an increase in income of $11,000.

• State Government Levies - $98,200. Consists of increased levies over that budgeted for SES contribution $41,200 & Bushfire Fighting Fund contribution $57,000. Offset by transfer from reserve of $20,000 (unspent allocation in 2008/2009).

Decreases in Expenditure

• Mayoral & Councillor Fees - $3,560. Adopted fees for 2009/10 resulted in savings on the budget amount.

• Subscriptions - $4,677. Savings in Hunter Councils & HVRF memberships. • Vehicle Purchases & Running Expenses - $75,500. A review of proposed vehicle

purchases highlighted several vehicles are not expected to be replaced in the current year resulting in a savings on the budget amount.

• Loan Repayments - $20,000. Drainage loan will be taken up later in year than anticipated resulting in savings of principal & interest repayments.

• Salaries & Superannuation - $94,615. Due to various positions being vacant, a savings on the budgeted amount has been identified.

• Legal Expenses - $20,000. Review of the Financial & Administrative Services legal expense budget identified expected savings to be made.

• Board of Fire Commissioners - $15,000. Actual contributions required for 2009/10 are less than the budgeted amount resulting in the savings.





• Land Rates – Council Properties $20,000. Actual amounts charged for 2009/10 are less than the budgeted amount resulting in the savings.

Financial and Administrative Services Manager Commentary Adjustments have been made to reflect current income and expenditure and commentary has been provided by the Management Accountant where appropriate. As this is the first review for the financial year changes have been kept to a minimum as in some cases it is too early to determine if trends will continue for the remainder of the year. The December review should provide a better opportunity for a more comprehensive review of budget allocations and the identification of possible savings. The main impacts on the budget relate to the larger than expected impost from the financial assistance grants & emergency services contributions which varied significantly from budget expectations. These items have been queried with the relevant government departments and advice has been received that the amounts are correct. Savings in other budget areas have been able to be achieved which has lessened the impact of these major changes and has enabled a balanced budget review to be presented. In accordance with the provisions of Regulation 203 (2) of the Local Government (General) Regulation 2005 the budget review statement as presented to Council must include or be accompanied by a report from the Responsible Accounting Officer. This report is required to indicate whether the Responsible Accounting Officer believes that the statement indicates that the financial position of the Council is satisfactory, having regard to the original estimate of income and expenditure, and if that position is unsatisfactory, recommendations for remedial action. In light of the commentary from the Management Accountant and following inspection of the budget review statements, I Robert Maginnity as Responsible Accounting Officer hereby certify that having regard to the original and revised estimates of income and expenditure, the financial position of Council is satisfactory in relation to the financial year 2009/2010. Operational Performance Operational highlights for the quarter are included at Enclosure 3 for the information of the Council. It is evident from the extensive range of highlights that the previous quarter was a very busy one for all areas of Council. CONSULTATION General Manager Director Corporate and Community Director Infrastructure & Services Director City Planning All Managers Management Accountant Senior Finance Officer





STRATEGIC LINKS a. Management Plan This report meets goal 4 which is “To be a professionally managed and customer focused organisation which provides leadership through partnerships with the Community”. This report meets the Strategic Direction and Leadership goals of the Management Plan by providing a monitoring report on the implementation of the Management Plan and Budget. b. Other Plans The Strategic Initiatives Section of the Management Plan outlines actions for the 2009/2010 year to deliver on Council’s long term strategic plan Our People, Our Place, Our Future. STATUTORY IMPLICATIONS a. Policy and Procedural Implications If Council was to adopt the budget amendments outlined above an estimated Working Capital Surplus of $850,000 would be maintained. This figure is in line with Council’s policy level of $850,000. b. Financial Implications The Quarterly Budget Review highlights budget variations for consideration by Council and shows that all expenditure movements are offset by movements in income line items. If adopted the proposed variations will form part of the 2009/2010 Management Plan. Managers and Finance Staff are continuing to improve budgetary control through the constant review of the original budget estimates and phasings of budgets to actual outcomes during the year. c. Legislative Implications This report satisfies the requirements of Section 407 of the Local Government Act, 1993 and Clause 203 of the Local Government (General) Regulation 2005. d. Risk Implications N/A e. Other Implications N/A OPTIONS Council could choose to vary the proposed budget amendments.





CONCLUSION The review of the Management Plan and Financial Review for the quarter ended 30 September 2009 is submitted for Council’s consideration and adoption. ENCLOSURES 1 Report on implementation of Strategic Initiatives 2 Quarterly Financial Review at 30 September 2009 3 Operational Highlights - July to September 2009





SUBJECT: MINUTES OF THE POLICY REVIEW COMMITTEE MEETING HELD 28

OCTOBER 2009 AUTHOR: Governance & Corporate Planning Manager - John Waghorn RECOMMENDATION That the Minutes of the Polices Review Committee of 28 October 2009 be adopted as a resolution of the Ordinary Council.

MINUTES OF POLICIES REVIEW COMMITTEE OF THE CESSNOCK CITY COUNCIL HELD IN ANTE ROOM ON WEDNESDAY, 28 OCTOBER 2009, COMMENCING AT

7.25PM

PRESENT: Councillor Davey (Mayor), Councillor Hawkins (Alternate), Councillor Parker (Alternate), Councillor Ryan, Councillor Gorman and Mr John Waghorn, Governance and Corporate Planning Manager.

IN ATTENDANCE: General Manager Directory City Planning Director Infrastructure & Services

Director Corporate & Community

MINUTES: MOTION Moved: Councillor Gorman

Seconded: Councillor Ryan RESOLVED that the Minutes of the Policies Review Committee held on 30 September 2009, as circulated, be taken as read and confirmed as a correct record. FOR AGAINST Councillor Davey Councillor Hawkins Councillor Ryan Councillor Gorman Councillor Parker Councillor Waghorn Total (6) Total (0)

CARRIED UNANIMOUSLY





OFFICER'S REPORTS

OFFICER'S REPORT NO. OR5/2009

SUBJECT: POLICIES FOR REVIEW

MOTION Moved: Councillor Gorman Seconded: Councillor Parker RESOLVED 1. The following policies be recommended to Council for revocation

- Unformed Roads – Development Application - Maintenance – Scheduled Cycles - Council Plant – Storage on Private Land - Roads – Disposal of Spoil

2. The following policies be recommended to Council for revision - Footpaths – Maintenance - Hiring Out of Plant Owned by Council - Playgrounds Policy

FOR AGAINST Councillor Davey Councillor Hawkins Councillor Ryan Councillor Gorman Councillor Parker Councillor Waghorn Total (6) Total (0)

CARRIED UNANIMOUSLY

Next Meeting - End January

The Meeting Was Declared Closed at 7.35pm CONFIRMED AND SIGNED at the meeting held on

…………………………………………………………CHAIRPERSON

……………………………………………GENERAL MANAGER ENCLOSURES There are no enclosures for this report





SUBJECT: AMENDING THE ADMINISTRATION BUILDING OPENING HOURS AUTHOR: Director Corporate & Community - Craig Bennett SUMMARY At the Ordinary Council Meeting of Wednesday 21 October 2009, Councillor Maybury “asked if he could have a report come back to Council on the change of hours for Council Offices?” Councillor Maybury “advised that he believed that it should have been a decision which should have been made by Council.” “The General Manager advised that this matter was dealt with in the appropriate manner between himself and staff and a further report will be drafted as to the reasons why the minor changes will be made to the opening hours.” RECOMMENDATION That the report be received and information noted. BACKGROUND The following resolution was carried unanimously at the Senior Executive Team Meeting (SET) held on Tuesday 15 September 2009: 1. That the Senior Executive Team endorse a trial of altered opening hours for the

administration centre for a period of 3 months commencing 1 October 2009, with the customer service centre to be opened from 9.00 am to 5.00 pm (cashiers hours 9.00 am to 4.30 pm) Monday to Friday.

2. That during the trial the level of customer satisfaction be monitored and reported back

to the Senior Executive Team. The report prepared for the SET is provided as an enclosure for Councillors (Enclosure 1). REPORT This report details the reasons for the minor changes to the opening hours and why the decision was made by the SET and not Council. Reasons for the minor changes to the opening hours 1. Council is able to reduce or even eliminate overtime currently worked by the

Customer Service staff. 2. Customer Service staff are much happier as they have time to prepare their tills in the

mornings and balance up in the afternoons. Under the changes to the opening hours the Customer Service staff now work a 7.33 hour day. This is the same as most of the rest of the organisation.





3. Council’s Core Hours are 9am to 4pm (90% of transactions are processed during these times).

4. Customer Service Staff are able to have toolbox meetings in the mornings. 5. Allows for the Customer Service staff to process DA’s between 4.30pm and 5.00pm 6. Provides additional opportunities for training in the customer service section. 7. Staff in the customer service section are able to be rostered. This can assist in

improving customer service delivery during the peak customer periods. 8. There is now a number of alternate payment options which do not require face to

facer interaction (B Pay and Direct Debit as examples). 9. Customer Service staff will be able to take their full lunch breaks. This will assist with

reducing stress and fatigue and also assist Council in the retention of staff. 10. Assists in the separation of duties relating to cash handling. Independent staff from

another section could carry out the audit function as they are still at work. Reasons why the decision to amend the opening hours was made by the SET The following two sections of the Local Government Act 1993 detail the roles of a Councillor and the functions of the General Manager:

232 What is the role of a councillor?

(1) The role of a councillor is, as a member of the governing body of the council:

• to provide a civic leadership role in guiding the development of the community strategic plan for the area and to be responsible for monitoring the implementation of the council’s delivery program

• to direct and control the affairs of the council in accordance with this Act. • to participate in the optimum allocation of the council’s resources for the

benefit of the area • to play a key role in the creation and review of the council’s policies and

objectives and criteria relating to the exercise of the council’s regulatory functions

• to review the performance of the council and its delivery of services, and the delivery program and revenue policies of the council.

(2) The role of a councillor is, as an elected person:

• to represent the interests of the residents and ratepayers • to provide leadership and guidance to the community • to facilitate communication between the community and the council.

335 Functions of general manager

(1) The general manager is generally responsible for the efficient and effective operation of the council’s organisation and for ensuring the implementation, without undue delay, of decisions of the council.

(2) The general manager has the following particular functions:





• to assist the council in connection with the development and implementation of the community strategic plan and the council’s resourcing strategy, delivery program and operational plan and the preparation of its annual report and state of the environment report

• the day-to-day management of the council • to exercise such of the functions of the council as are delegated by the council

to the general manager • to appoint staff in accordance with an organisation structure and resources

approved by the council • to direct and dismiss staff • to implement the council’s equal employment opportunity management plan

(3) The general manager has such other functions as may be conferred or imposed on

the general manager by or under this or any other Act. It is clear from the definitions above that the role of a Councillor is to drive the strategic direction of the Council and the role of the General Manager is to drive the operational day to day activities of the Council. Amending the Administration Buildings Opening hours is a minor day to day operational issue. It may be a strategic decision requiring the approval of Council if it was a significant change. Something like changing the opening hours from 9 am to 12 pm every day would be designated as a significant change. The amendment made by the SET was to change the opening hours from 8.45 am to 9 am Monday to Friday and was for a trial period of 3 months from 1 October 2009 to 31 December 2009. This would not be considered a significant change. Councillors were communicated on the minor changes (see Enclosure 2). Enclosure 1 is the report which was prepared for the 15 September 2009 SET Team Meeting. It is provided for background to Councillors. The next section of the Local Government Act 1993 (Section 377) details the functions which are unable to be delegated to the General Manager:

Part 3 Delegation of functions

377 General power of the council to delegate

(1) A council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council, other than the following:

(a) the appointment of a general manager, (b) the making of a rate, (c) a determination under section 549 as to the levying of a rate, (d) the making of a charge, (e) the fixing of a fee, (f) the borrowing of money,





(g) the voting of money for expenditure on its works, services or operations, (h) the compulsory acquisition, purchase, sale, exchange or surrender of any land

or other property (but not including the sale of items of plant or equipment), (i) the acceptance of tenders which are required under this Act to be invited by

the council, (j) the adoption of an operational plan under section 405, (k) the adoption of a financial statement included in an annual financial report, (l) a decision to classify or reclassify public land under Division 1 of Part 2 of

Chapter 6, (m) the fixing of an amount or rate for the carrying out by the council of work on

private land, (n) the decision to carry out work on private land for an amount that is less than

the amount or rate fixed by the council for the carrying out of any such work, (o) the review of a determination made by the council, and not by a delegate of

the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979,

(p) the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194,

(q) a decision under section 356 to contribute money or otherwise grant financial assistance to persons,

(r) a decision under section 234 to grant leave of absence to the holder of a civic office,

(s) the making of an application, or the giving of a notice, to the Governor or Minister,

(t) this power of delegation, (u) any function under this or any other Act that is expressly required to be

exercised by resolution of the council. (2) A council may, by resolution, sub-delegate to the general manager or any other

person or body (not including another employee of the council) any function delegated to the council by the Director-General except as provided by the instrument of delegation to the council.

Amending the hours of operation is not listed as a function unable to be delegated to the general manager. All Councillors were issued with a memorandum and the media release on the trial opening hours (Enclosure 2) on 17 September 2009. The media release went to publication on 21 September 2009. As the media release stated Council’s peak customer period is between the hours of 9 am and 3 pm The change in opening hours still allows for business as usual during the peak customer demand period of the day. CONSULTATION Financial and Administrative Services Manager Senior Executive Team





STRATEGIC LINKS a. Management Plan This report is linked to the fourth goal of Council’s Management Plan 2008-2011 “To be a professionally managed and customer focused organisation which provides leadership through partnerships with the community” and the first goal “to promote and provide quality services and facilities which addresses the needs of the community.” b. Other Plans This report is linked to Council’s Strategic Plan Our People, Our Place, Our Future. Specifically Our Future – Professional Management, Professional Services. STATUTORY IMPLICATIONS a. Policy and Procedural Implications Nil. b. Financial Implications The minor change to the opening hours will save Council some regularly paid overtime. Council is required to pay overtime as customer service staff are required to work more than 7.33 hours a day under the previous opening hours. Whilst this is relatively minor (about $20,000), the reduction in the hours will allow Council to recruit and retain quality staff. The customer service staff will work the same hours as most of the rest of the organisation. Under the current opening hours they are quite often at Council until 5.15 to 5.30 p.m. c. Legislative Implications Section 232 of the Local Government Act 1993 details the role of a Councillor. Section 335 of the Local Government Act 1993 details the functions of the General Manager. Section 377 of the Local Government Act 1993 details what is unable to be delegated to the General Manager by the Council. d. Risk Implications Council runs the risk of undertaking the role of management if it insists on approving every decision made at Council. Senior staff are appointed to run the day to day administration of a Council. They are experts in their fields. e. Other Implications Nil. OPTIONS Nil.





CONCLUSION It was appropriate for the SET to approve the minor amendments to the opening hours as it is clearly an operational issue which is the responsibility of the General Manager and Staff under the Local Government Act 1993. ENCLOSURES 1 Report & Enclosure Documents submitted to Senior Executive Team on

September 15 2009 10 Pages

2 Memorandum to Councillors and Media Release - Trial Opening Hours - Administration Building

2 Pages


Active Participation and Community Consultation Report No. AP23/2009



SUBJECT: COMMUNITY STRATEGIC PLAN AUTHOR: Governance & Corporate Planning Manager - John Waghorn SUMMARY The Division of Local Government (DLG) has requested that all councils choose which group they wish to nominate to participate in for the implementation of the new Local Government Amendment (Planning and Reporting) Act 2009 (the Act). RECOMMENDATION That Cessnock City Council advise the Department of Local Government that it wishes to nominate for Group 2, with the Community Strategic Plan and Delivery Program to be adopted by 30 June 2011. BACKGROUND The Act was assented to on 9 October 2009. The Act provides transitional provisions for phasing in the new legislative requirements over a three year period. The transitional provisions require each council to nominate which group they wish to be in with regard to implementing the new framework. The timeframes for groups are as follows:

• Group 1: Community Strategic Plan and Delivery Program adopted by 30 June 2010 • Group 2: Community Strategic Plan and Delivery Program adopted by 30 June 2011 • Group 3: Community Strategic Plan and Delivery Program adopted by 30 June 2012

Council must nominate its group choice by Council resolution. This must be completed by 1 December 2009. REPORT Cessnock City Council has been working on the development of a Community Strategic Plan since the initial meeting of the Strategic Planning Committee in March 2009. A detailed project plan has been adopted which provided for the completion of the Community Strategic Plan by July 2010 and the development of the associated Delivery Program by June 2011 for implementation from the 2011/2012 year. With the engagement of external consultants to assist with the community engagement associated with the development of the Community Strategic Plan, the deadline for the finalisation of the Plan will most likely be extended to September 2010. This will still allow adequate time to develop the Delivery Program by June 2011 thereby meeting the Group 2 timeframes. CONSULTATION Senior Executive Team





STRATEGIC LINKS a. Management Plan This report is linked to goal number 5 of the Management Plan “to identify needs, share information and provide opportunity for active participation and community consultation”. b. Other Plans This report will provide the timeframe for Council to develop a new Strategic Plan for the Cessnock Local Government Area. STATUTORY IMPLICATIONS a. Policy and Procedural Implications N/A b. Financial Implications Funds are included in the 2009/2010 budget for development of the Community Strategic Plan. c. Legislative Implications Nomination of a group for implementation of the new legislative requirements under the Act is a statutory requirement. d. Risk Implications Nil. e. Other Implications Nil. OPTIONS Council could choose to nominate for another Group. However Council will not be in a position to meet the timeframes for Group 1 and will have completed the work required over a year before the deadline for Group 3. CONCLUSION Nomination of Group 2 for implementation of the new legislative requirements fits well with Council’s existing plans for this project. ENCLOSURES There are no enclosures for this report





SUBJECT: ANNUAL REPORT FOR 2008/2009 AUTHOR: Governance & Corporate Planning Manager - John Waghorn SUMMARY Under Section 428(1) of the Local Government Act 1993 (the Act) Council must prepare its Annual Report within 5 months of the end of the financial year. RECOMMENDATION That the report be received and the information noted. BACKGROUND Under Section 428 of the Act Council must prepare its Annual Report within 5 months of the end of the financial year. The contents of the Annual Report are specified in Section 428(2) of the Act and in clauses 132 and 217(1) of the Local Government (General) Regulation 2005. In addition there are a number of other requirements in associated legislation required to be reported on including Freedom of Information, Privacy and Personal Information Protection and matters relating to planning agreements. REPORT Council’s Annual Report (has been distributed under separate cover (to Councillors only). Its content has been compared to the checklist for Annual Reports issued by the Division of Local Government (DLG) and complies in all respects. Once Council has noted the Annual Report the report will be placed on Council’s website and the DLG will be advised accordingly as required by the Act. Also distributed under separate cover (to Councillors only) is the State of the Environment Report. The other documents which form part of the Annual Report i.e. the Councillor Facilities and Expenses Policy and the 2008/2009 Financial Statements have been separately reported to Council during November. The Facilities and Expenses Policy was adopted by Council at the 4 November 2009 Ordinary Council meeting and the 2008/2009 Annual Financial Statements will be adopted by Council at this meeting. CONSULTATION Consultation has occurred with staff across all Departments of Council to collect the information required to be presented in the Annual Report.





STRATEGIC LINKS a. Management Plan This report is linked to goal number 5 of the Management Plan ‘to identify needs, share information and provide opportunities for active participation and community consultation”. b. Other Plans This report is linked to Council’s Strategic Plan Our People Our Place Our Future specifically Our Future – Needs Identification, Community Contribution and Information Sharing and Reporting. STATUTORY IMPLICATIONS a. Policy and Procedural Implications N/A b. Financial Implications N/A c. Legislative Implications The preparation of the Annual Report is a statutory requirement under Section 428 of the Act. d. Risk Implications N/A e. Other Implications N/A OPTIONS N/A CONCLUSION Council has a statutory obligation to prepare and publish an Annual Report. The Annual Report which has been distributed under separate cover (to Councillors only) satisfies these requirements. ENCLOSURES There are no enclosures for this report.





SUBJECT: DRAFT PLACES, SPACES AND FACES - THE SOCIAL AND

CULTURAL PLAN 2009-2014 FOR CESSNOCK LOCAL GOVERNMENT AREA

AUTHOR: Social Planner - Natalie Drage SUMMARY The purpose of this report is to inform Council of the feedback received from the public exhibition of the Draft Places, Spaces and Faces - The Social and Cultural Plan 2009-2014 for the Cessnock Local Government Area (LGA). The report details the minor changes made to the Draft Plan, as exhibited, and is submitted to Council for adoption. The Draft Plan has been distributed under separate cover to Councillors only. RECOMMENDATION That Council adopt the amended Draft Places, Spaces and Faces - The Social and Cultural Plan 2009-2014. BACKGROUND The requirement for Councils to develop a Social and Community Plan has been recognised through the Local Government Act 1993 (The Act). Under the Local Government (General) Regulation 2005 (The Regulation) all Councils in NSW are required to develop a Social and Community Plan. It is a requirement for Councils to submit an updated Social and Community Plan every five years. The current Social and Community Plan expires in November 2009. Given the link between cultural and social planning, it presents a considerable opportunity to integrate these two areas into one planning document which enables a consistent strategic direction to improve the social and cultural needs of the community. This approach is consistent with Integrated Planning. In 2009 the Department of Local Government (DLG) introduced into Parliament a Bill to amend The Act to require an integrated approach to strategic planning by Local Councils. This Bill was adopted by NSW Parliament on 9 October 2009. The strategies documented in the Draft Places, Spaces and Faces - The Social and Cultural Plan 2009-2014 aim to provide both Council and agencies external to Council with a five year strategic plan to further develop cultural and social services within the Cessnock LGA. Council is mindful that the implementation of the plan is not the sole responsibility of one organisation and its success is dependant on external organisations also working towards the identified strategies. Therefore each strategy is categorised into two sections:- ‘What is Council Going to Do?’ and ‘How Can Others Address this Issue?’. The involvement of community based organisations, government departments, business and community groups in addressing the actions titled ‘How Can Others Address this Issue’ is encouraged.





In developing this Plan, the Cessnock LGA Social and Community Plan 2004-09 was reviewed to identify what outcomes had been achieved and the effectiveness of its consultation methodology. In essence, the Social and Community Plan 2004-09 is an extensive and ambitious plan that outlines 233 action strategies. Given the ambitious nature of the Social and Community Plan 2004-09, some strategies have been achieved and continue to be sustainable. There are however other strategies that commenced during the life of the plan but which have now ceased. There are also some strategies that have not commenced for reasons which include insufficient staffing and program resources across the welfare, health and social service sector. The 1999 Cessnock City Council Cultural Plan comprised 16 Cultural Development Principles and 18 Actions. The implementation of some of the principles and actions has delivered significant outcomes. In other respects, the 1999 Cultural Plan has had limited or intermittent success. These limitations are primarily the result of a lack of staffing resources, especially the lack of a position in Council specifically for community cultural development. At its meeting held 7 October 2009, Council resolved to place the Draft Plan on public exhibition. The Draft Plan was advertised in the Newcastle Herald, The Advertiser, the Branxton-Greta paper, Our Own News (OON), Council’s website, Council’s Administration Building and Libraries. The exhibition period was from 12 October – 9 November 2009 inclusive. REPORT During the period of exhibition, Council staff received the submissions listed below (which are followed by a corresponding comment from Council staff):- • A written submission from the Men’s Health Services, regarding the need to include men

as a specific population group ie as for youth, families (See Enclosure 2). Comment: The Draft Social and Cultural Plan is an integrated plan that is set in the context

of broad community themes. The consultation process accessed males through the survey, community groups and broader consultation exercises. The themes raised in the process focussed on common social issues (eg transport, health, crime prevention, education, culture, access and equity) and were not gender specific. Hence, in line with an integrated approach, the majority of the plan is drafted using social themes.

There are population groups specifically mentioned in the Draft Plan such as youth, seniors, families and children, cultural and linguistically diverse communities, Indigenous people; however, these too are not gender specific. Given the approach to and structure of the Draft Plan, issues relating to men are adequately addressed.

• A written submission from the Samaritans Information and Neighbourhood Centre

(SINC) requesting the inclusion of SINC in the Community Assets and the Cessnock Shed and Community Garden in the Cultural Groups for the Cessnock area (See Enclosure 1).





Comment: The request is valid and the organisations have been included in the relevant lists.

• A written submission from Cessnock Community Transport Inc making five comments in

relation to the Draft Plan. The comments indicated support for and provided some clarification of statements, strategies and actions in the Draft Plan in relation to public transport (See Enclosure 3).

Comment: The clarifying comments are valid and the relevant sections of the Draft Plan

have had minor changes made as a result. The Draft Plan has also had some minor changes made to its layout. Overall, the Draft Plan is essentially the same as the version considered by Council at its meeting on 7 October 2009 and placed on public exhibition. CONSULTATION The Cessnock City Council staff consulted in writing this report included: Community and Cultural Programs Manager Trainee Community Worker STRATEGIC LINKS a. Management Plan The Draft Places, Spaces and Faces - The Social and Cultural Plan 2009-2014 has been drafted in line with the principles of the Access and Equity Statement documented in the Cessnock City Management Plan (2009-2012). An access and equity activity is defined as one that assists Council to: • Promote fairness in the distribution of resources, particularly for those most in need. • Recognise and promote people’s rights and improve the accountability of decision

makers. • Ensure that people have fairer access to the resources and services essential to

meeting their basic needs and improving their quality of life. • Give people better opportunities for genuine participation and consultation about

decisions affecting their lives. b. Other Plans There are a number of other plans of Cessnock City Council which were consulted as part of the formulation of the Draft Places, Spaces and Faces - The Social and Cultural Plan 2009-2014. They were as follows - Our People, Our Place, Our Future Council’s current strategic plan, Our People, Our Place, Our Future outlines Council’s strategic vision and goals. The Draft Places, Spaces and Faces - The Social and Cultural Plan 2009-2014 works towards delivery of that vision and fulfilment of the goals in a comprehensive way.





Cessnock Local Government Area Crime Prevention Plan 2009-2012 The Cessnock Local Government Area (LGA) Crime Prevention Plan 2009-2012 aims to reduce the incidence of Malicious Property Damage. Malicious Property Damage is the most prevalent offence within the Cessnock LGA and has both a financial and social impact on the community. Recreation and Open Space Strategic Plan 2009 The Recreation and Open Space Strategic Plan 2009 seeks to assist Cessnock City Council to plan and manage the future development and maintenance needs of open space and recreation facilities throughout the Cessnock LGA. Social and Community Plan 2004-2009 The Social and Community Plan 2004-09 was developed in collaboration with the Cessnock Local Area Planning Team. The Social and Community Plan 2004-09 documents a comprehensive range of issues in relation to specific population target groups and issues, for instance transport, access to services, family violence, health, education, safety and housing. Cultural Plan The 1999 Cessnock City Council Cultural Plan comprised 16 Cultural Development Principles and 18 Actions. The implementation of some of the principles and actions have delivered significant outcomes Plans External to Cessnock City Council • NSW State Plan 2006: The NSW Government State Plan incorporates a number of

strategies and actions which influence the content of the Social and Cultural Plan.

• Lower Hunter Regional Strategy 2006: The Lower Hunter Regional Strategy 2006 also articulates a range of initiatives which will have a significant impact on the development of services and growth of population in the Cessnock LGA.

STATUTORY IMPLICATIONS a. Policy and Procedural Implications N/A b. Financial Implications The success of many of the cultural strategies listed in the Draft Places, Spaces and Faces - The Social and Cultural Plan 2009-2014 is subject to the appointment of a Cultural Development Officer. Without this appointment, the delivery of many actions within the cultural strategies documented in the Draft Plan cannot be sustained through the existing Community and Cultural Programs staffing resources. The funding required for the appointment of a Grade 13, full time Cultural Development Officer is approximately $61,000.00 per annum plus on costs and the purchase and running costs of a vehicle.





The funding for the position of Cultural Development Officer will be considered as part of the discretionary budget bids for the 2010/2011 Financial Year and in the development of strategies for the Community Strategic Plan. Opportunities for external funding assistance to contribute to this position will be investigated, but it is anticipated that such funding will only be short term and/or require a matching contribution from Council. In order to provide for a sustainable commitment to the community’s cultural development, Council will need to consider its ongoing financial commitment to this area of the community’s development. c. Legislative Implications The requirement for Councils to develop a Social and Community Plan has been recognised through The Act. Under The Regulation, all Councils in NSW are required to develop a Social and Community plan. The Cultural component of the Draft Places, Spaces and Faces - The Social and Cultural Plan 2009-2014 is set in the broader planning context which includes the Cultural Planning Guidelines for Local Government and the Cultural Accord 3 (NSW Ministry for the Arts/LGSA). The bringing together of the Social and Community Plan and the Cultural Plan is consistent with the concept of Integrated Planning, as per legislation which was passed by NSW Parliament on 9 October 2009. d. Risk Implications If Council delays the adoption of the Draft Places, Spaces and Faces - The Social and Cultural Plan 2009-2014 it will fail to comply with the legislative requirement to have its new Social and Cultural Plan submitted to the DLG by 30 November 2009. This failure will be reported in the Department’s 2010 annual report on the performance of individual Councils in NSW. Furthermore, if Council does not provide funds for the establishment of a Community Cultural Development position there are a significant number of cultural actions within the strategies of the Draft Plan which will not be able to be delivered. e. Other Implications N/A OPTIONS 1. Not adopt the Draft Places, Spaces and Faces - The Social and Cultural Plan 2009-

2014. If Council elects not to adopt the Draft Plan the ability to finalise the approval process for the Plan will be stalled and its endorsement through the DLG will be delayed beyond the date of expiry of the current Social and Community Plan 2004-2009.





CONCLUSION The process undertaken to develop, draft and adopt Council’s Places, Spaces and Faces - The Social and Cultural Plan 2009-2014 has been extensive and exhaustive. The minimal response from the public exhibition phase suggests that the community is satisfied with the Draft Plan and Council should feel confident that its adoption will enable the Plan to be implemented and acted upon for the next five years with ongoing support from the broader community and specific stakeholders. Council’s adoption of the Plan will enable it to be submitted to the appropriate State Government departments for their information. ENCLOSURES 1 Submission - Samaritans Information & Neighbourhood Centre 2 Submission - Men’s Health Services 3 Submission - Cessnock Community Transport Inc

OC 18112009 AGN - Cessnock City Council · PDF file · 2009-11-13QS91/2009 Drain...

Documents

Transcript of OC 18112009 AGN - Cessnock City Council · PDF file · 2009-11-13QS91/2009 Drain...